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2024-06-10Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappingerny.gov Joseph Paoloni (845)297-5772 Monday, June 10, 2024 7:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Joseph D. Cavaccini Town of Wappinger Supervisor Present 7:00 PM William H. Beale Town of Wappinger Councilman Present 7:00 PM Angela Bettina Town of Wappinger Councilwoman Absent 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 1:00 PM Lori McConologue Town of Wappinger Deputy Town Clerk Present 8:30 AM II. Opening Items 1. Salute to the Flag 2. Invocation Followed by a moment of silence III. Agenda and Minutes 1. Motion To: Adopt Agenda COMMENTS - Current Meeting: Supervisor Cavaccini added Resolutions 142 and 143. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina IV. Public Hearings 1. Motion To: Open Public Hearing Town of Wappinger Page I Printed 6/20/2024 Regular Meeting Minutes June 10, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 2. Resolution Order Calling For Public Hearing In the Matter of The Increase and Improvement of the Facilities of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York COMMENTS - Current Meeting: Marcy Wagman addressed the board to get clarification on the mid -point park sewer district. She received confirmation that any cost related to this will NOT be borne by residents outside the mid -point park sewer district. The details of the confirmation merely explained the project and the reason for bonding to enhance the probability of gaining a grant. 3. Motion To: Close Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina V. Public Portion 1. Motion To: Open Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina VI. Resolutions - Consent RESOLUTION: 2024-136 Town of Wappinger Page 2 Printed 6/20/2024 Regular Meeting Minutes June 10, 2024 Mid -Point Sewer District Improvement Project Designation Of Lead Agency And Negative Declaration WHEREAS, The Town is proposing to undertake improvements to the existing sewer lines and replace the Wastewater Treatment Facility located at 63 Martin Drive in a project called Mid -Point Sewer District Project, as described in the Environmental Assessment, hereafter referred to as the "Project"; and WHEREAS, pursuant to 6 NYCRR 617.6 the Town Board Declared its Intent to be Lead Agency as part of undertaking a coordinated review of this action with the Involved and Interested Agencies; and WHEREAS, on May 6, 2024, the Town Board classified the action as An Unlisted Action, pursuant to the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617; and WHEREAS, the Town Board prepared the Full Environmental Assessment Form (FEAF) in accordance with 6 NYCRR 617, and circulated a Notice of Intent to assume Lead Agency (Notice) to all Involved and Interested Agencies; and WHEREAS, none of the Involved or Interested Agencies had any objection to the Town of Wappinger assuming Lead Agency status for this project. NOW, THEREFORE, BE IT RESOLVED that the Town Board does hereby establish itself as the Lead Agency and classify the Project as an Unlisted Action; and BE IT FURTHER RESOLVED that the Town Board evaluated the Project in accordance with the SEQRA regulations, 6 NYCRR § 617.7(b), as evidenced by the attached Exhibit A- Negative Declaration; and BE IT FURTHER RESOLVED for the reasons discussed in the attached Exhibit A- Negative Declaration, the Town Board concludes that the project will not have any significant adverse environmental impacts; and BE IT FURTHER RESOLVED THAT, the Town Board authorizes the Town Clerk to file the Negative Declaration in accordance with the applicable provisions of State law. The foregoing was put to a vote which resulted as follows .a Vote Record - Resolution RES -2024-136 Yes/Aye No/Nay Abstain Absent Q Adopted ,,,, ❑ Adopted as AmendedJoseph D. Cavaccini„ Voter Q ❑ ❑ ... ,... ❑ ..❑ ..... ❑ Defeated Wam H. Beale.....................Seconder ... .... Q .... ❑ ......,........ ❑.. ❑ Tabled Angela Bettina Voter... ❑ .... ❑ .....,..... ❑ .... El ... ❑ Withdrawn Christopher Phillips Voter Q❑ ................ ❑ ❑ Al Casella Mover El ❑ ❑ ❑ Dated: Wappingers Falls, New York June 10, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-137 Resolution Authorizing the Execution of an Agreement Between the Town of Wappinger and the Little League Association, Inc. WHEREAS, the Town Board finds that it is in the best interests of the Town to have the Town of Wappinger Little League Association, Inc. provide a program of softball and baseball activities for the boys and girls of the community; and Town of Wappinger Page 3 Printed 6/20/2024 Regular Meeting Minutes June 10, 2024 WHEREAS, the baseball and softball programs of the Town of Wappinger Little League Association, Inc. are provided at the Robinson Lane Recreation Facilities owned by the Town of Wappinger; and WHEREAS, the Town of Wappinger Little League Association, Inc. has assisted the Town of Wappinger in maintaining the baseball fields and facilities on which its teams play; and WHEREAS, the Wappingers Challenger League has administered an outstanding program of baseball activities since 2005 through the hard work and drive of countless volunteers in the program; and WHEREAS, the baseball programs of the Wappingers Challenger League are provided at Inspiration Field at the Robinson Lane Recreation Facilities owned by the Town of Wappinger; and WHEREAS, the motto of the Wappingers Challenger League is "Everyone Can Play!" and the Town Board believes that it is important for the Town to assist with achieving that goal through providing the necessary improvements to Inspiration Field and financial assistance for the program; WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation Committee, the Director of Recreation, and the Supervisor of Buildings and Grounds, has negotiated the terms of a proposed Service Agreement with the Town of Wappinger Little League Association, Inc., a copy of which is attached hereto; and WHEREAS, the Town Board acknowledges the very successful program the Town of Wappinger Little League Association, Inc. has administered for the last 40 years or so and wishes to continue having the Town of Wappinger Little League Association, Inc. provide softball and baseball activities for the boys and girls of the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board Members acknowledge they have reviewed the terms and conditions of the proposed "Service Agreement" attached hereto, and they find the terms contained therein reasonable and consistent with the relationship the Town has had with the Town of Wappinger Little League Association, Inc. over the last 40 years or so; and The Town Board hereby authorizes the Town Supervisor to execute said Service Agreement with the Town of Wappinger Little League Association, Inc. in accordance with the terms and conditions contained therein, which Agreement, among other provisions, authorizes the Town to pay the amount budgeted for Fiscal Year 2024 for Little League and the Challenger League upon execution and delivery of the agreement. The foregoing was put to a vote which resulted as follows: .a Vote Record - Resolution RES -2024-137 Yes/Aye No/Nay Abstain Absent ❑ Adopted ,,,, ....... Q Adopted as Amended Joseph D. Cavaccini Voter .....Seconder Q ❑ ❑ ❑ ❑ Defeated William H. Beale ................... ..... El ..... ❑.......,.......❑...... ❑.... ❑ Tabled Angela Bettina Voter... ❑ .... ❑ .....,..... ❑ .... El ... ❑ Withdrawn Christopher Phillips Voter Q ❑ ................ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 10, 2024 The Resolution is hereby duly declared Adopted as Amended. Town of Wappinger Page 4 Printed 6/20/2024 Regular Meeting Minutes June 10, 2024 RESOLUTION: 2024-138 Resolution Appointing Professionals From Request For Qualifications For Mid Point Park Sewer Distric WHEREAS, by Resolution -2024-123 adopted by the Town Board on May 13, 2024, the Town Board authorized the issuance of $10,116,000 Bonds to pay the cost of capital improvements of the Mid Point Park Sewer District, consisting of WWTP replacement and collection system improvements to the Mid Point Park Sewer Collection System, and WHEREAS, requests for qualifications were prepared by Lawrence Paggi, P.E., Engineer to the Town, for consulting services required for the improvements to the Mid Point Park Sewer Collection System, and WHEREAS, requests for qualifications were duly solicited for professional consulting services for construction, obtaining funding, design, etc. to be done and four bids were received bythe Town Clerk on May 30, 2024, and WHEREAS, Lawrence Paggi, P.E., Engineer to the Town, have determined that a bid they received from Laberge Group is reasonable and, based on past experiences with this company, recommends that Laberge Group should be awarded the bid to preform work as necessary, and NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Wappinger hereby awards the request for qualifications for the improvements to the Mid Point Park Sewer Collection System to Laberge Group and appoints them to work in a professional consulting capacity. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-138 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as AmendedJoseph D. Cavaccini„ ,,.William Voter El ❑ ❑ 11 . ....... ❑ ..❑ ..... ❑ Defeated H. Beale ........................ ... Seconder .... Q .... ............ ❑ ❑ Tabled Angela Bettina ....................... ............. .. Voter... ❑ .... ❑ .. ❑ .... El ... ❑ Withdrawn Christopher Phillips VoterEl ❑ ❑ ❑ Al Casella Mover El ❑ ❑ ❑ Dated: Wappingers Falls, New York June 10, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-139 Resolution Authorizing The Execution Of The Agreement For Operation Of Carnival, Rides, Concessions And Amusements For Town Of Wappinger Fall Festival WHEREAS, the Town of Wappinger Recreation Department sponsors the Town of Wappinger Carni "fall"; and WHEREAS, the Town of Wappinger Carni "fall" consists of a carnival which includes rides, games and concessions; and WHEREAS, McDaniel Brothers, Inc. t/a McDaniel Brothers Shows has shown as the vendor for this event in the previous two years that they are qualified with the necessary skills and experiences to perform quality work as required by the Town; and Town of Wappinger Page 5 Printed 6/20/2024 Regular Meeting Minutes June 10, 2024 WHEREAS, the Town Board, in consultation with the Director of Recreation, finds that it is in the best interests of the Town to enter into an Agreement with McDaniel Brothers, Inc. t/a McDaniel Brothers Shows to provide for the operation of carnival rides, games and concessions; and WHEREAS, the Attorney to the Town, in consultation with the Director of Recreation, has negotiated the terms of a proposed Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board Members acknowledge they have reviewed the terms and conditions of the proposed Agreement and find the terms contained therein reasonable and acceptable. 2. The Town Board hereby authorizes the Town Supervisor to execute said Agreement with McDaniel Brothers, Inc. t/a McDaniel Brothers Shows in accordance with the terms and conditions contained therein, to provide carnival rides, games and concessions in accordance with the Agreement. 3. Supervisor Joseph D. Cavaccini is hereby authorized and directed to execute the Agreement between the Town of Wappinger and McDaniel Brothers, Inc. t/a McDaniel Brothers Shows in substantially the same form as attached hereto. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-139 - 2 24-0640 Number T4 From I Clete I Date Rec" I Re: Agenda ante ❑ Adopted Heather L. Kitchen I 51112924 51912024 Justice Monthly Re ort, May 2024 611012924 Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph D. CavacciniVoter El ❑ ❑ ❑ ❑ Defeated -William-William.. H . Beale ......................... Mover .. ...... Q ..... ❑ ..... ❑........,.......❑ ..... El Tabled ............................ Angela Bettina .... Voter ...... ...... ❑ ...... ❑ ..... ❑ ..... Q ❑ Withdrawn Christopher PhillipsSeconder El ❑ ❑ ❑ Next: 6/24/24 7:00 PM Al Casella.............................................Voter.... ,........ Q .......,....... ❑........,........❑ ....... ,.......❑..... Dated: Wappingers Falls, New York June 10, 2024 The Resolution is hereby duly declared Tabled. RESOLUTION: 2024-141 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log CorrespondenceL - 2 24-0640 Number T4 From I Clete I Date Rec" I Re: Agenda ante 96--19-001 Tow Board Heather L. Kitchen I 51112924 51912024 Justice Monthly Re ort, May 2024 611012924 96--19-002 Towii Board �hcolas C. Maselli 1 51112924 51912024 Justice Monthly Re ort, May 2024 611012924 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: Town of Wappinger Page 6 Printed 6/20/2024 Regular Meeting Minutes June 10, 2024 Vote Record - Resolution RES -2024-141 Yes/Aye No/Nay Abstain Absent Q Adopted „Yes/Aye ❑ Adopted as Amended Joseph D. Cavaccini„ Voter Q ❑ ❑ ..................❑ ❑ ..... ❑ Defeated Wam H. Beale ........................ ............ Seconder .................... ....... .... .... El .... ❑........,........❑ ...... ..... ....... ................ . ❑ Tabled Angela Bettina Voter... ❑ .... ❑ .....,..... ❑ .... El ... ❑ Withdrawn Christopher Phillips Voter Q ❑ ................ ❑ ❑ Al Casella .Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 10, 2024 6. Code Enforcement Report VII. Non -Consent The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-140 Resolution Accepting Resignation Of Town Of Wappinger Employee WHEREAS, Donna Lenhart has served the Town of Wappinger honorably in the Parks & Recreation Department in variety of capacities for over 13 years, and WHEREAS, Donna Lenhart has submitted her resignation and notice of retirement as Assistant to the Senior Center Director effective June 27, 2024, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board acknowledges and regretfully accepts the resignation and notice of retirement of Donna Lenhart as the Assistant to the Senior Center Director. 3. The Town Board acknowledges that Donna Lenhart has served the Parks & Recreation Department and the former Recreation Committee with great distinction and dedication and wishes her manyyears of happiness in retirement and commends her for her devoted years of service. On behalf of the Town Board, Town Supervisor Joseph D. Cavaccini shall send a letter formally acknowledging Donna Lenhart's resignation and notice of retirement and her manyyears of distinguished service to the Town. The foregoing was put to a vote which resulted as follows: .a Vote Record - Resolution RES -2024-140 No/Nay Abstain„ Absent Q Adopted „Yes/Aye ❑Adopted as Amended Joseph D. Cavaccini .p ......................................................... Seconder Q ❑ ❑ ❑ ❑ Defeated Wam H.Beale.........................Voter........... ... El .... ❑.......,........❑.......,.......❑..... ❑ Tabled AngelaBettina .......................Voter ❑ .... ❑.......,.......❑...... Q..... ❑ WithdrawnChristopher Phillips ......... Seconder ..... Q ..... ❑ ......... 0 ..... 0 Al Casella Mover El ❑ ❑ ❑.. Dated: Wappingers Falls, New York June 10, 2024 Town of Wappinger Page 7 Printed 6/20/2024 Regular Meeting Minutes June 10, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-142 The Increase and Improvement of Facilities of Mid -Point Park Sewer District in the Town of Wappinger, Dutchess County, New York In the Matter of The Increase and Improvement PUBLIC INTEREST ORDER of Facilities of Mid -Point Park Sewer District in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York, consisting of the construction of a new wastewater treatment plant at the existing plant site, located at 63 Martin Drive, in Wappinger Falls, New York, together with improvements to the sewer collection system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith as applicable, at a maximum estimated cost of $10,116,000; and WHEREAS, at a meeting of said Town Board duly called and held on May 13, 2024, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Mid -Point Park Sewer District in said Town at a maximum estimated cost of $10,116,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Wappinger Falls, New York, in said Town, on June 10, 2024, at 7:00 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York, consisting of the construction of a new wastewater treatment plant at the existing plant site, located at 63 Martin Drive, in Wappinger Falls, New York, together with improvements to the sewer collection system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith as applicable, at a maximum estimated cost of $10,116,000. Section 2. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-142 Q Adopted ❑ Adopted as Amended.... Yes/Aye........ No/Nay........ Abstain Absent 11 11 11 11 11 ................ ................. ... ... ... ❑ Defeated Jos e ph D. C avaccini Mover Q ❑ ❑ ❑ Town of Wappinger Page 8 Printed 6/20/2024 Regular Meeting Minutes June 10, 2024 ❑ Tabled William H. Beale Voter Q ❑ ❑ ❑ ❑ Withdrawn ................................................................................................................................ Angela Bettina Voter ❑ ❑ ❑ Q ........ ... Christopher Phillips ......... .Mover...,........Q ❑ Al Casella Seconder ......,.......❑..,,...,.......❑....... Q ....... ❑ ❑ ... ❑ Dated: Wappingers Falls, New York June 10, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-143 A Resolution Authorizing The Issuance Of $10,116,000 Bonds Of The Town Of Wappinger, Dutchess County, New York, To Pay The Cost Of The Increase And Improvement Of The Facilities Of Mid -Point Park Sewer District, In The Town Of Wappinger, Dutchess County, New York WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York, at a maximum estimated cost of $10,116,000; and WHEREAS, said capital project hereinafter described, as proposed, has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed it has been determined will not result in any significant environmental impact; and RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the increase and improvement of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York, consisting of the construction of a new wastewater treatment plant at the existing plant site, located at 63 Martin Drive, in Wappinger Falls, New York, together with improvements to the sewer collection system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith as applicable, there are hereby authorized to be issued $10,116,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $10,116,000, which class of objects or purposes is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $10,116,000 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made Town of Wappinger Page 9 Printed 6/20/2024 Regular Meeting Minutes June 10, 2024 in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Mid -Point Park Sewer District as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The Supervisor is hereby further authorized, at the Supervisor's sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the class of objects or purposes described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or Town of Wappinger Page 10 Printed 6/20/2024 Regular Meeting Minutes June 10, 2024 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-143 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Joseph D. Cavaccini„ Mover Q ❑ ❑ ........ ❑ .........❑ ..... ❑ Defeated William... Beale ........................ Voter.. .... Q .... .... ❑ .... ..... ❑ .... ❑ Tabled Angela Bettina Voter ❑ .... ❑ .....,..... ❑ .... El ... ❑ Withdrawn Christopher Phillips Seconder ........ Q ❑ ................ ❑ ❑ Al Casella .Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 10, 2024 The Resolution is hereby duly declared Adopted. VIII. Items for Special Consideration/New Business No Action was taken IX. Executive Session 1. Motion To: Enter Executive Session and Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina X. Adjournment Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 8:32 PM. Joseph P. Paoloni Town Clerk Town of Wappinger Page 11 Printed 6/20/2024 Regular Meeting Minutes June 10, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Town of Wappinger Page 12 Printed 6/20/2024 Town of Wappinger Meeting: 06/10/24 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Special Districts Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini RESOLUTION 2024-136 Doc ID: 6194 Mid -Point Sewer District Improvement Project Designation Of Lead Agency And Negative Declaration WHEREAS, The Town is proposing to undertake improvements to the existing sewer lines and replace the Wastewater Treatment Facility located at 63 Martin Drive in a project called Mid -Point Sewer District Project, as described in the Environmental Assessment, hereafter referred to as the "Project"; and WHEREAS, pursuant to 6 NYCRR 617.6 the Town Board Declared its Intent to be Lead Agency as part of undertaking a coordinated review of this action with the Involved and Interested Agencies; and WHEREAS, on May 6, 2024, the Town Board classified the action as An Unlisted Action, pursuant to the New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617; and WHEREAS, the Town Board prepared the Full Environmental Assessment Form (FEAF) in accordance with 6 NYCRR 617, and circulated a Notice of Intent to assume Lead Agency (Notice) to all Involved and Interested Agencies; and WHEREAS, none of the Involved or Interested Agencies had any objection to the Town of Wappinger assuming Lead Agency status for this project. NOW, THEREFORE, BE IT RESOLVED that the Town Board does hereby establish itself as the Lead Agency and classify the Project as an Unlisted Action; and BE IT FURTHER RESOLVED that the Town Board evaluated the Project in accordance with the SEQRA regulations, 6 NYCRR § 617.7(b), as evidenced by the attached Exhibit A- Negative Declaration; and BE IT FURTHER RESOLVED for the reasons discussed in the attached Exhibit A- Negative Declaration, the Town Board concludes that the project will not have any significant adverse environmental impacts; and BE IT FURTHER RESOLVED THAT, the Town Board authorizes the Town Clerk to file the Negative Declaration in accordance with the applicable provisions of State law. COMMENTS - Current Meeting: Supervisor Cavaccini said that typographical changes will be made to the FEAF documents and forwarded to the Town Clerk for updating. This has not happened at the time of publishing these minutes. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 6/6/2024 11:12 AM by Joseph P. Paoloni Page 1 Exhibit A Town of Wappinger Dutchess County, New York Mid -Point Wastewater Treatment Plant Improvements State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance Date: JUNE 10, 2024 This notice is issued pursuant to the State Environmental Quality Review Act, Article 8 of the NYS Environmental Conservation Law and its implementing regulations at Part 617 of the New York State Code of Rules and Regulations (collectively referred to as "SEQRA"). The Town of Wappinger Town Board, as the Lead Agency under SEQRA, has determined that the proposed action described below will not have a significant adverse environmental impact and a draft environmental impact statement will not be prepared. Name of Action: Mid -Point Wastewater Treatment Plant Improvement Project Applicant(s): Town of Wappinger SEQR Status: Unlisted Description of Action: The Mid -Point Wastewater Treatment Plant (WWTP), located at 63 Martin Drive, serves approximately 150 single-family units in a residential development. It was constructed nearly 50 years ago and is nearing the end of its useful life. A recent modification to the SPDES permit for the facility proposes lower ammonia and dissolved oxygen limits and will make it difficult for the existing facility to consistently meet the proposed permit conditions. In addition, average daily flows into the plant (100,000 gpd) exceed the current SPDES permit limit of 66,000 gallons per day. (SPDES permit number NY0035637) The project seeks to take corrective actions to reduce ammonia and oxygen levels by improving the treatment system in several phases. Phase I of the sewer system rehabilitation prioritizes addressing leaking laterals and joint leakage/collapses to minimize flows to the WWTP. Phase 2 will replace the Mid -Point WWTP system with a new Membrane Bio -Reactor (MBR) style activated sludge treatment system. The project will require 0.20 acres of disturbance to install or repair existing equipment and the site cover will be restored once the project is completed. Location: The project involves the existing sewer lines of the Mid -Point Sewer District and the wastewater treatment facility located at 63 Martin Drive in the Town of Wappinger. Page 1 of 5 SEQRA Procedural Background: The Town Board has identified the action as Unlisted under SEQRA based on its review of the thresholds set forth in 6 NYCRR §§ 617.4 and 617.5. by resolution on May 6, 2024. The Town Board is the designated lead agency as a result of a coordinated review with other involved agencies. The involved agencies for this project to which notices were sent include: • New York State Department of Health (NYSDOH) • Dutchess County Department of Health • New York State Office of Parks, Recreation and Historic Preservation (OPRHP) • New York State Department of Environmental Conservation (NYSDEC) • New York State Department of Environmental Conservation - Permitting (NYSDEC) • U.S. Environmental Protection Agency (EPA), Region II • U.S. Environmental Protection Agency — Federal Activities (EPA) • U.S. Fish & Wildlife Service • Delaware Nation • Delaware Tribe • Stockbridge Munsee Band of Mohicans Community • New York State Environmental Facilities Corporation (NYSEFC) Reasons Supporting this Determination: The SEQRA regulations provide that "[f]or all Type I and Unlisted actions the lead agency making a determination of significance must: (1) consider the action as defined [under SEQRA]; (2) review the EAF, the criteria contained in subdivision (c) of this section and any other supporting information to identify the relevant areas of environmental concern; (3) thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; (4) set forth its determination of significance in a written form containing a reasoned elaboration and providing reference to any supporting documentation." 6 NYCRR § 617.7(b). The SEQRA regulations further provide that "to determine whether a proposed Type I or Unlisted action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action must be compared against the criteria in this subdivision [6 NYCRR 617.7]." 6 NYCRR § 617.7(c). Each criterion is discussed in more detail below. For the reasons discussed below, the Town Board concludes that the project will not have any significant adverse environmental impacts. a. Agricultural Resources Agricultural uses do not exist in the project area therefore the proposed improvements will not have any significant adverse impact on agricultural resources. b. Aesthetics Although newly installed equipment will be slightly larger than the existing treatment facility, the basic components and visibility of the proposed plant are essentially the same as the existing facility. Therefore, proposal will not have an adverse impact upon the aesthetics of the area. Page 2 of 5 C. Noise and Odor Any noise generated from the proposed action will be temporary and result from the use of construction equipment. Once the construction phase is completed, Ambient noise levels in and around the project location are not expected to increase. Therefore, there will be no significant impacts upon odor levels as a result of this project. d. Stormwater Erosion and sedimentation control measures will be employed during construction as required by New York State to avoid potentially adverse impacts from stormwater runoff. In general, the existing surfaces disturbed by construction will be restored to their pre-existing condition, however any increase in runoff will be mitigated as part of the stormwater management plan to be prepared for the project. Because potential adverse impacts from stormwater runoff will be avoided through the proper design and implementation of a SWPPP and stormwater control measures, no significant adverse impacts are expected. e. Wetlands, Streams, and Other Water Bodies The site is located within a 100 -year floodplain and within 100 feet of a wetland and stream that is used for discharge of treated wastewater under an existing SPDES permit. Improvements completed by the proposed project will improve the quality of permitted discharge and reduce the amount of discharge and correct a SPDES violation. In addition, the SWPPP for the project will include protection of nearby water resources from sediment caused by erosion during storm events. Adverse impacts from the proposed project will be mitigated to the most practicable extent, and no significant adverse impacts to wetlands, streams or other water bodies are expected as a result of implementing this project. f. Archaeological and Historic Resources The Town consulted with the New York State Historic Preservation Office (SHPO) in regard to whether the project will impair the character or quality of important archeological or historic resources. The SHPO has indicated that there are no historic properties, including archaeological and/or historic resources, affected by this undertaking. Based on the foregoing, the project will not have any significant adverse impacts on archeological or historical resources. g. Traffic The proposed project does not generate traffic. There will be a slight increase due to construction activities, however the project is located on the end of a dead-end street, and as such will not have any significant adverse impacts on local traffic patterns. h. Community Character The project will not create any significant adverse impacts on community character. The project is a replacement of components to upgrade an existing wastewater treatment plant, which are not significantly different from the existing components. i. Wildlife The proposed project is located in a suburban area and will not have any significant adverse impacts on most local wildlife, however, endangered species registries maintained by NYS DEC indicated that Indiana Bats may be roosting in the area. Prior to construction, an assessment to determine the impact on roosting bats will be undertaken, or trees within the construction site that meet the criteria for roosting bats will be removed between October and March, to avoid disturbance of summer roosts. j. Public Safety Public safety concerns are not implicated by the project. The project will not entail: (1) the storage of large quantities of hazardous material or flammable or explosive materials; (2) the burial of hazardous wastes; (3) Page 3 of 5 excavation or disturbance near a site used for the disposal of solid or hazardous waste; or (4) a chronic low-level discharge or emission of hazardous materials. Based on the foregoing reasons, the project will not create any significant adverse impact to public safety k. Air Quality The project will not affect air quality. a. The operation of the Wastewater Treatment Plant will not result in the emission of air pollutants with the potential to harm human health or the environment. b. Because there will be no significant adverse traffic impacts, no significant impact on air quality from queued vehicles is expected. c. The project will not involve incineration of refuse, will not increase the amount of land committed to industrial use, and will not increase in the density of industrial development in an existing industrial area. Therefore, there will be no significant adverse impact on air quality. d. During construction of the proposed site plan improvements and reclamation plan improvements, construction vehicles will be equipped with factory installed muffler and emission control devices. Dust from construction will be suppressed as necessary. Based on the foregoing, the project will not have any significant adverse impacts on air quality in the area or the region. 1. Wild, Scenic and Recreational Rivers There are no nationally or State designated wild, scenic or recreational rivers in the project area. As a result, there will be no significant adverse impacts to these resources from the project. In. Ground Water No significant adverse impacts to groundwater quantity or quality will occur from the proposed project. The project is not generating any runoff or discharges to groundwater; nor increasing water withdrawals. n. Loss of Soil, Vegetation and Other Natural Material The project will not result in any significant loss of soil, vegetation, and other natural materials. Construction of the improvements will be mostly in areas on the property currently used for the Sewer Treatment Facility Equipment and within the public rights-of-way. o. Solid Waste Production The project will not result in an increase in solid waste production, with the exception of construction debris, which will be disposed of at a licensed facility. P. Flood Plains The proposed improvements are to be constructed outside the bounds of the adjacent flood plain and therefore will not have any significant adverse impacts on flood plains. q. Public Health The project will not create any significant adverse public health impacts. The purpose of the project is to enhance public health through improved treatment of wastewater treatment and reduction of flows through the elimination of leaks in the system. r. Induced Growth The project is not increasing the capacity of the sewage treatment; however, it will improve the quality of the existing treated wastewater and reduce the quantity by reducing infiltration in the system. Page 4 of 5 S. Demand on Services The proposed project will not create new demands on public services for sewer treatment, and is intended to address current demand for effective sewer service and increase the efficiency of the Mid -Point Wastewater Treatment Plant. Based on the foregoing, the project will not create any significant adverse impacts on services. t. Community Plans The project is the upgrade to the existing wastewater treatment facility and as such does not create a material conflict with the Town's current plans or goals as officially approved or adopted. This project is essential to Town residents, and improvements in the basic necessity of public wastewater treatment serving existing residents. U. Cumulative Impacts No significant adverse cumulative impacts are expected from this action. The project will not significantly induce growth in the Town or otherwise change the character of the surrounding property. As required by SEQRA, the Board considered reasonably related long-term, short-term, direct, indirect and cumulative impacts including other simultaneous or subsequent actions which are: (1) included in any long-range plan of which the project is a part; (2) likely to be undertaken as a result of the project or (3) dependent on the project. No such actions were identified. Based on the foregoing, the project will not create any significant adverse cumulative impacts. V. Conclusion For all of the reasons set forth above, the project, as described above, will not have any significant adverse impact on the environment and, therefore, the issuance of this negative declaration is warranted. W. For Further Information: Contact: Hon. Joseph Cavaccim, Town Supervisor Town of Wappinger (SEQRA Lead Agency) 20 Middlebush Road Wappingers Falls, New York 12590 Phone 845-297-2744 Filing and Publication: A copy of this Determination of Non -Significance shall be filed, distributed, and published as required by 6 NYCRR § 617.12. J:A2024041\Reports\Phase 2200 WIIA 2024 (Mid -Point SD)AB-Work In Progress\13.3 Environmental Review Determination\SEQRA\Neg Dec\Draft Negative Declaration Exhibit A.docx Page 5 of 5 Full Environmental Assessment Form Part 1- Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part lis accurate and complete. A. Project and Applicant/Sponsor Information. Name of Action or Project: Mid -Point Park Sewer District Wastewater Treatment Facility Upgrade Project Location (describe, and attach a general location map): 63 Martin Drive, Wappinger Falls, NY 12590 Brief Description of Proposed Action (include purpose or need): The Mid -Point Wastewater Treatment Plant (WWTP) serves approximately 150 single-family units in a residential development. It was constructed nearly 50 years ago and is nearing the end of its useful life. A recent modification to the SPDES permit for the facility proposes lower ammonia and dissolved oxygen Limits and will make it difficult for the existing facility to consistently meet the proposed permit conditions. In addition, average dally flows into the plant (100,000 gpd) exceed the current SPDES permit limit of 66,000 gallons per day. (SPDES permit number NY0035637) The project seeks to take corrective actions by improving the treatment system in several phases. Phase I of the sewer system rehabilitation prioritizes the resolution of leaking laterals and joint leakage/collapses to minimize flows to the WWTP. Phase 2 of the project will replace the Mid Point WWTP with a new Membrane Bio -Reactor (MBR) style activated sludge treatment system. Name of Applicant/Sponson Telephone: 845..297-2744. Town of Wappinger E -Mail: supervisor@townofwappingerny.gov Address: 20 Middlebush Road City/PO: Wappingers Falls State: NY Zip Code: 12590 Project Contact (if not same as sponsor; give name and title/role): Telephone: 845 287.2744 Joseph D. Cavaccfnl, Town Supervisor E -Mail: supervisor@townofwappingemy.gov Address: City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: E -Mail: Address: City/PO: State: Zip Code: Page 1 of 13 Q U m at Q m J O r: 0 T .y m d U 0 0 ti W E 0 L Q E �L (n d L W W to 0 0- 2 cfl M N O N U) W W N W m r: at IL LL Q W W 0 m Q B. Government Approvals B. Government Approvals, Funding, or Sponsorship. {"Funding" includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Counsel, Town Board, ®YesONo Town Board of Wappinger Falls, Approval of C.2. Adopted land use plans. or Village Board of Trustees Project 0Yes[3No b. City, Town or Village 0Yes0N0 Town of Wappinger Falls Planning Board, Referral would be located? Planning Board or Commission b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway; MYes®No c. City, Town or OYesE]No or other?) Village Zoning Board of Appeals If Yes, identify the plan(s): d. Other local agencies E]YesE:]NO e. County agencies ®Yes(INO Dutchess County Health Department permit, c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, Duchess County Planning Department GML-238 or an adopted municipal farmland protection plan? f. Regional agencies OYesQNo If Yes, identify the plan(s): g. State agencies ®YesMNo NYDEC- Approval of Plans, NYEFC- Approval of Comprehensive Pian (Adopted in 2010). The W WTP has an a)dsiing discharge permit Into the stream. No changes will result to the open space area as a Plans NYS OPRHSP-Cultural resource clearance the unnamed tributary. h. Federal agencies pYesElNo i. Coastal Resources. f. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? ❑Yes®No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑ Yes®No M. Is the project site within a Coastal Erosion Hazard Area? ❑ YesONo C. Planning and Zoning C.I. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the ❑Yes®No only approval(s) which must be granted to enable the proposed action to proceed? • If Yes, complete sections C, F and G. • If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site 0Yes[3No where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action (=Yes®No would be located? b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway; MYes®No Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ®YesE]No or an adopted municipal farmland protection plan? If Yes, identify the plan(s): The w l ,, and unnamed tributary adjacent to the Plant is included as an Open Space Corridor on Figure 11-2 of the Town of Wappinger Falls Comprehensive Pian (Adopted in 2010). The W WTP has an a)dsiing discharge permit Into the stream. No changes will result to the open space area as a result of the implementation of this project, and themp emen on of the project is e e o improve the quality ot discharge into the unnamed tributary. Page 2 of 13 2 cfl M r 4 N 0 N rn W W 04 W m 0 a� M 1= IL LL Q W LL E U M Q C3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®YesC]No If Yes, what is the zoning classification(s) including any applicable overlay district? R-20 Residential b. Is the use permitted or allowed by a special or conditional use permit? ®YesONo c. Is a zoning change requested as part of the proposed action? ❑Yes®No If Yes, L What is the proposed new zoning for the site? CA. Existing community services. a. In what school district is the project site located? Wappingers Central School District b. What police or other public protection forces serve the project site? Dut�iess Couniv SherifiPs office New York State Troup K c. Which fire protection and emergency medical services serve the project site? Hughsonville Volunteer Fire Department and ambulance services provided by Empress Ambulance service in Poughkeepsie d. What parks serve the project site? Not -applicable. no residents on site. The nearest park to the site is located approximately 6 miles from this site (Bowden Park) D. Project Details D.I. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? The project is an improvement of an existing WWTP owned by the Town. (Municipal) b. a. Total acreage of the site of the proposed action? 4.3 acres acres b. Total acreage to be physically disturbed? 1+l- acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? s acres acres c. is the proposed action an expansion of an existing project or use? ❑ Yes® No i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % Units: d. Is the proposed action a subdivision, or does it include a subdivision? OyesVNO If Yes, L Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) ii. Is a cluster/conservation layout proposed? C]yes ENO iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e. Will the proposed action be constructed in multiple phases? OYes[]No L If No, anticipated period of construction: months H. If Yes: • Total number of phases anticipated 2 • Anticipated commencement date of phase 1 (including demolition) 6 month 2024 year • Anticipated completion date of final phase 10 month 2025year • Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: Phase 1 will identify leaks in existing conveyance system to improve efficiency of the system Phase 2 will replace the sludge processing components of the WWTP to update the current treatment processing of the facility. Page 3 of 13 2 Q f. Does the project include new residential uses? ❑Yes®No If Yes, show numbers of units proposed. One Famiiv Two Family Three Family Multiple Familyf� or m re Initial Phase At completion of all phases g. Does the proposed action include new non-residential construction (including expansions)? E]Yes®No If Yes, L Total number of structures ii. Dimensions (in feet) of largest proposed structure. height; width; and length M. Approximate extent of building space to be heated or cooled: square feet I Does the proposed action include construction or other activities that will result in the impoundment of any ®YesF1No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i. Purpose of the impoundment: Wastewater Treatment (e)dsting activity) H. If a water impoundment, the principal source of the water: Ground water ❑ Surface water streams ❑Other specify: M. if other than water, identify the type of impounded/contained liquids and their source. Untreated wastewater from residential homes from an existing WWTP to be improved. iv. Approximate size of the proposed impoundment. Volume: .006 million gallons; surface area: N.A. acres v. Dimensions of the proposed dam or impounding structure: height; length W. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): Concrete D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? Yes®No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i .What is the purpose of the excavation or dredging? ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? • Volume (specify tons or cubic yards): • Over what duration of time? iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. iv. Will there be onsite dewatering or processing of excavated materials? —ITYesoNo If yes, describe. V. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres WL What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? QY'es[]No ix. Summarize site reclamation goals and plan: b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment Yes[]No into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description): d HJ -2. Page 4of13 Q U m a� Q m J O 0 T .y m d U m 'o IL E m 0 L Q E �L d L W m rn 0 o. 2 cfl M 4 N O N rn W W 04 W tY m 0 a� .y IL LL Q W LL E U M Q H. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: The only possible Incurslon will be Into the adjacent area The existing WWiF Is roughly 100 feet outside of the wetland boundary. The proposed WWTF will be generally the same distance however some minor grading disturbances may be required iii. Will the proposed action cause or result in disturbance to bottom sediments? OYes®No If Yes, describe: iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? O Yes®No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used, specify product(s): v. Describe any proposed reclamation/mitigation following disturbance:. c. Will the proposed action use, or create a new demand for water? OYes 0g% If Yes: L Total anticipated water usage/demand per day: gallons/day H. Will the proposed action obtain water from an existing public water supply? OYes [390 If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? O YeSO No • Is the project site in the existing district? OYesONo • Is expansion of the district needed? O YesO No • Do existing lines serve the project site? ❑Yes[]No iii. Will line extension within an existing district be necessary to supply the project? E]Yes QNo If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s) of supply for the district: iv. Is a new water supply district or service area proposed to be formed to serve the project site? O YeSONO If, Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s) of supply for new district: v. If a public water supply will not be used, describe plans to provide water supply for the project: vi. If water supply will be from wells (public or private), what is the maximum pumping capacity: gallons/minute. d. Will the proposed action generate liquid wastes? OYes ONo If Yes: i. Total anticipated liquid waste generation per day: gallons/day ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): iii. Will the proposed action use any existing public wastewater treatment facilities? OYesVINo If Yes: • Name of wastewater treatment plant to be used: • Name of district: + Does the existing wastewater treatment plant have capacity to serve the project? OYesONg • Is the project site in the existing district? OYesONo • Is expansion of the district needed? OYesONo Page 5 of 13 0 Q U 0 m a� Q m J O 0 0 0 T .y m d U 0 0 L (. C 0 E m 0 L Q E U �L d m rn 0 o. 2 cfl M 4 N O N U) W W 04 W rY m 0 a� .y o. LL Q W LL C m E U M Q • Do existing sewer lines serve the project site? • Will a line extension within an existing district be necessary to serve the project? ❑YesE]No ❑YesE]No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? ❑YesE]No If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surface discharge or describe subsurface disposal plans): vi. Describe any plans or designs to capture, recycle or reuse liquid waste: e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point ®Yes 0No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non -point source (i.e. sheet flow) during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres (impervious surface) Square feet or acres (parcel size) U. Describe types of new point sources. X. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)? • If to surface waters, identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? iv_ Does the proposed plan minimize impervious surfaces, use pervious materials or collect and re -use stormwater? ❑ Yes[]No ❑YesdNo f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel ®Yes ONo combustion, waste incineration, or other processes or operations? If Yes, identify: i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) Emergency backup power generation g. Will any air emission sources named in D.21 (above), require a NY State Air Registration, Air Facility Permit, ElYes ®No or Federal Clean Air Act Title IV or Title V Permit? If Yes: L Is the project site located in an Air quality non -attainment area? (Area routinely or periodically fails to meet OYesONo ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application, the project will generate: • Tons/year (short tons) of Carbon Dioxide (CO2) • Tons/year (short tons) of Nitrous Oxide (N2O) • Tons/year (short tons) of Perfluorocarbon (PFCs) • Tons/year (short ton) of Sulfur Hexafluoride (SF6) + Tons/year (short tons) of Carbon Dioxide equivalent of Iiydroflourocarbon (FFCs) • Tons/year (short tons) of Hazardous Air Pollutants (HAPS) Page 6 of 13 Q U m a� Q m J O r- .2 T .y m d U 0 0 0 m E m 0 Q E U �L d L Q7 3 Q7 co 0 'o o. 2 Q h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, Oyes❑No landfills, composting facilities)? If Yes: L Estimate methane generation in tons/year (metric): Estimated additional methane is 0 since this is a replacement of an existing WWrP ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as []Yes®No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes®No new demand for transportation facilities or services? If Yes: L When is the peak traffic expected (Check all that apply): ❑ Morning ❑ Evening []Weekend Randomly between hours of to U. For commercial activities only, projected number of trucktrips/day and type (e.g., semi trailers and dump trucks): UL Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? ❑'Y'es ❑No V. Ifthe proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe: vi. Are public/private transportation service(s) or facilities available within 1/2 mile of the proposed site? ❑Yes❑No vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric ❑Yes❑No or other alternative fueled vehicles? viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No pedestrian or bicycle routes? k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand ❑Yes®No for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: ii. Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or other): iii. Will the proposed action require a new, or an upgrade, to an existing substation? ❑Yes❑No 1. Hours of operation. Answer all items which apply. i. During Construction: U. During Operations: • Monday - Friday: 7AM-5PM • Monday - Friday: 24 Hours • Saturday: TAM-5PM • Saturday: 24 Hours • Sunday: • Sunday: 24 Hours • Holidays: • Holidays: 24 Hours Page 7 of 13 2 M r et N O N CO W W N W m s_ a� .y IL LL Q W W s= m E U M Q m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, operation, or both? If yes: i. Provide details including sources, time of day and duration: Construction activities will occur between lam and 65pm ® Yes ❑No H. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? Describe: ❑ Yes ®No n. Will the proposed action have outdoor lighting? If yes: L Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: Low level lighting around facility for safety and security. ® Yes ❑No U. Will proposed action remove existing natural barriers that could act as a light barrier or screen? Describe: ❑ Yes ®No o. Does the proposed action have the potential to produce odors for more than one hour per day? ® Yes ❑No If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures: Proposed pprplect is an improvem nt of an existing W ste ter Treatment Plant Ionated near existing residenrag that benefit from the WWTP T3mporary increases of odors maybe experienced as the condition of the W WTP is improved and is not expected to be a significant contributor to air quality. p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s) to be stored ii, Volume(s) per unit time (e.g., month, year) W. Generally, describe the proposed storage facilities: ❑ Yes ®No q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, insecticides) during construction or operation? If Yes: L Describe proposed treatmeut(s): ❑ Yes ®No U. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal of solid waste (excluding hazardous materials)? if Yes: i. Describe any solid waste(s) to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation : tons per (unit of time) ii. Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: • construction: ® Yes ❑No • Operation: W. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: • Operation: Page 8 of 13 2 cfl M 4 N O N w N w >s .y IL ILL Q w ILL W E U M Q s. Does the proposed action include construction or modification of a solid waste management facility? ❑ Yes ® No If Yes: i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or other disposal activities):. H. Anticipated rate of disposal/processing: • Tons/month, if transfer or other non-combustion/thermal treatment, or • Tons/hour, if combustion or thermal treatment W. If landfill, anticipated site life: years t. Will the proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous ❑Yes®No waste? If Yes: i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: H. Generally describe processes or activities involving hazardous wastes or constituents: W. Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? Yes No If Yes: provide name and location of facility: If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E. Site and Setting of Proposed Action E.I. Land uses on and surrounding the project site a. Existing land uses. . i. Check all uses that occur on, adjoining and near the project site. ❑ Urban ❑ Industrial ❑ Commercial ® Residential (suburban) ❑ Rural (non-farm) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): fl. If mix of uses, generally describe: b. Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion Acres+!-) • Roads, buildings, and other paved or impervious surfaces No Change • Forested No Change • Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) No Change • Agricultural (includes active orchards, field, greenhouse etc.) No Change • Surface water features (lakes, ponds, streams, rivers, etc.) No Change • Wetlands (freshwater or tidal) No Change • Non -vegetated (bare rock, earth or fill) No Change • Other Describe: Page 9 of 13 Q U m a� Q J O 0 0 T .y m d U 0 0 L I. W E m 0 Q E U �L d W 3 W 0 o. 2 cfl M 4 N O N 6 W W N W 0 a� W IL LL Q W LL 0 m E U M Q C. Is the project site presently used by members of the community for public recreation? ❑Yes[Z]No i. If Yes: explain: d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed ❑Yes®No day care centers, or group homes) within 1500 feet of the project site? If Yes, i. Identify Facilities: e. Does the project site contain an existing dam? ❑Yes®No If Yes: L Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet ii. Dam's existing hazard classification: W. Provide date and summarize results of last inspection: f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, ❑YesONo or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? If Yes: i. Has the facility been formally closed? ❑ Yes[--] No • If yes, cite sources/documentation: ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: iii. Describe any development constraints due to the prior solid waste activities: g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? ❑ Yes®No If Yes: L Describe waste(s) handled and waste management activities, including approximate time when activities occurred: IL Potential contamination history. Has there been a reported spill at the proposed project site, or have any ❑Yes® No remedial actions been conducted at or adjacent to the proposed site? If Yes: L Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes®No Remediation database? Check all that apply: ❑ Yes — Spills Incidents database Provide DEC ID number(s): ❑ Yes — Environmental Site Remediation database Provide DEC ID numbcr(s): ❑ Neither database ii. If site has been subject of RCRA corrective activities, describe control measures: W. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes®No If yes, provide DEC ID number(s): iv. If yes to (i), (ii) or (iii) above, describe current status of site(s): Page 10 of 13 Q U m a� Q m J 4- 0 0 T .y m d U 0 0 L I - m 0 Q E �L d L �y 3 m 0 o. 2 cfl M r 4 N O N U) W W 04 W m a� .y t= IL LL Q W LL W E U M Q v. Is the project site subject to an institutional control limiting property uses? ❑Yes❑No • If yes, DEC site ID number: • Describe the type of institutional control (e.g., deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? >7 feet b. Are there bedrock outcroppings on the project site? ❑YesZNo If Yes, what proportion of the site is comprised of bedrock outcroppings? % c. Predominant soil types) present on project site: Canandaiqua silt loam 40% Raynhan Silt Loam 60% d. What is the average depth to the waxer table on the project site? Average: 2 feet e. Drainage status of project site soils:[] Well Drained: % of site ❑ Moderately Well Drained: % of site ❑ Poorly Drained 100 % of site f. Approximate proportion of proposed action site with slopes: ® 0-10%: 100 % of site ❑ 10-15%: % of site ❑ 15% or greater: % of site g. Are there any unique geologic features on the project site? If Yes, describe: ❑Yes®No h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, ponds or lakes)? ®Yes[]No ii. Do any wetlands or other waterbodies adjoin the project site? ®Yes❑No If Yes to either i or ii, continue. If No, skip to E.21 Hi. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, state or local agency? ®Yes ❑No iv. For each identified regulated wetland and waterbody on the project site, provide the following information: • Streams: Name Classification Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size • Wetland No. (if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality -impaired waterbodies? ❑Yes ®[oto If yes, name of impaired water body/bodies and basis for listing as impaired: i. Is the project site in a designated Floodway? Dyesoqo j. Is the project site in the 100 -year Floodplain? ®Yes❑No k. Is the project site in the 500 -year Floodplain? ❑yesoNo 1. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? If Yes: V(Yes❑No i. Name of aquifer: principal Aquifer Page 11 of 13 2 cfl M 4 N 0 N 6 W W N W m 0 a� 1= IL LL Q W LL E U M Q m. Identify the predominant wildlife species that occupy or use the project site: various small mammals, birds n. Does the project site contain a designated significant natural community? ❑Yes®No If Yes: L Describe the habitaticommunity (composition, function, and basis for designation): H. Source(s) of description or evaluation: W. Extent of community/habitat: • CurrentIy: acres • Following completion of project as proposed: acres • Gain or loss (indicate + or -): acres o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as ® Yes❑No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing (endangered or threatened): Indiana Bat p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of Yes[Z]No special concern? If Yes: i. Species and listing: q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? If yes, give a brief description of how the proposed action may affect that use: ❑Yes6ZjNo E.3. Designated Public Resources On or Near Project Site a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to ❑Yes®No Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? If Yes, provide county plus district name/number: b. Are agricultural lands consisting of highly productive soils present? ❑yesoNo i. If Yes: acreage(s) on project site? U. Source(s) of soil rating(s): c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National Natural Landmark? ❑YesoNo If Yes: L Nature of the natural landmark: ❑ Biological Community ❑ Geological Feature U. Provide brief description of landmark, including values behind designation and approximate size/extent: d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes®No If Yes: i. CEA name: ii. Basis for designation: W. Designating agency and date: Page 12 of 13 2 cfl M r 4 N 0 N 6 W W N W m 0 a� .y t= o. LL Q W LL 0 m E U M Q e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district ❑ Yes®No which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and ifistoric Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i, Nature of histozic/archaeological resource: ❑Archaeological Site ❑EEstoric Building or District ii. Name: iii. Brief description of attributes on which listing is based: f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for ❑Yesogo archaeological sites on the NY State Historic Preservation Office (SB PO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site? ❑Yeswo If Yes: i. Describe possible resource(s).- esource(s):R. R.Basis for identification: h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local ❑YesEallo scenic or aesthetic resource? If Yes: L Identify resource: n. Nature 4 or basis for, designation (e.g., established highway overlook, state or local park, state historic tray. or scenic byway, etc-).- tc_):HL HLDistance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wird, Scenic and Recreational Rivets ❑ Yes®No Program 6 NYCRR 666? Tf Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 6667 ®Yes❑No F. Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impaets which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. LY q .Applicant/Sponsor Name Joseph D. Cavacdrd Date She 'Title Town Supervisor PRINT FOl2ltr[ Page 13 of 13 62 EAT Mapper Summary Report Friday, April 26, 2024 11:06 AM Disclaimer: The EAF Mapper Is a screening tool intended to assist `'.project sponsors and reviewing agencies in preparing an environmental 625-4c-r236'?(o4g +203-ti5 c569g_0000 assessment form (EAF). Not all questions anted in the EAF are - r` x28'02 887'54�2k094 answered by the EAF Mapper. Additional information on any EAF 259 t'6�tC+-�iitt)4 t' i 6256-0`r-6`�1 9.�"�"�'+'�'r6'c5$•fJe"�-�'t�..�• -if�Gs question can beobtained byconsulting the EAF Workbooks. Although r i ,�-` , � the EAF Mapper provides the most up-to-date digital data available to 625'8-02-$5339.37-�0OOP, � � � t � y" r DEC, you may also need to contact local or other data sources in order ~' 6258-r»2-66a6'336-0{),01}625� ttc 895 .35, t)C r _ " to obtain data not provided by the Mapper. Digital data is not a S428_0000 s. f t 62502-87199-k�OgO� substitute for agency determinations. ` 50 02 $#6✓1 {c f4�0 ✓ i t_. , 61258-0 - 0907-0044625��i2 --'---6253-42-+:�+9`�ti4•-fk+347�625v-42 `S52c��0000....�. ti. `rr.�!c,"' ••',• "•• �r«m..M. Vappirr ra. t LHarnaitan fivtahaPst 6. �3-8786$2.00 0 i - _- t r `� l� 1 ' `•e E ,P�IdfiJt4... H'«n Y.rrk — i\, - 625.3-02-8-,4872-ry�?t ".-7?737€+ 0t?�ttk 'N X258-02 ,x633 4.0000625 8-02-x30336 ;000',.. y, s 4'' '-77 853-t NO `� � ��62S81tY2-8�1>v�i2-{�OGkO *ice~' X258-02-805832-s30b0 6253;Q2-36c33�5 44Ei� 25^a-02 92'ti"s5 �3J44� S�Lrcas; Esr; HEREti inrrr��, t� zr Irter as 114,-FEl'A :iso'r���;{'�•r°ttr`��•�a{:c_.�t�w;�'����Y�4�'��i��":";'�'ri5��'ed`�t.,�r'F.iE�t,Esi RC�n, €sri!��+a•t, tr�'.1. Esrt f_ixr`� t;t-.�,�t�� scar �:. E5t•t r_tpa, Es`t f�.,r��Cf�� 'rt ta."�{"�°� in ;')idt��llrii',i= 'Y..£',•::1}'���r�,`.sa'�(d��':ifi`«'+l�isr3 �^�t-. � �E{;t't�.. i ��`, �C. ��^'P8r'S:r�?t;(t�3§Z Cvstl'S ivGr3 �li'G �'!? �tS ! �c58-il�-E:6835-O�kt'�r.�t3l,?s:r'C�nirl.t�#'j. � t!set ,.c�i�'�'�c,1ai}�, E�t1 HERS Gcr•rst�, ,�:��-�.�_• ftP_ B.I.i [Coastal or Waterfront Area] B.I.ii [Local Waterfront Revitalization Area] C.2.b. [Special Planning District] EA.h [DEC Spills or Remediation Site - Potential Contamination History] EA.h.i [DEC Spills or Remediation Site - Listed] E.1.h.i [DEC Spills or Remediation Site - Environmental Site Remediation Database] E.1.h.111 [Within 2,000' of DEC Remediation Site] E.2.g [Unique Geologic Features] E.2.h.1 [Surface Water Features] E.2.h.ii [Surface Water Features] E.2.h.iii [Surface Water Features] E.2.h.v [Impaired Water Bodies] E.2.1. [Floodwayl E2.j. [100 Year Floodplain] E.2.k. [500 Year Floodplain] E.2.1. [Aquifers] E.2.1. [Aquifer Names] E.2.n. [Natural Communities] E.2.o. [Endangered or Threatened Species] No No Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Digital mapping data are not available or are incomplete. Refer to EAF Workbook. No No No Yes Yes - Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete. Refer to EAF Workbook. No No Yes No Yes Principal Aquifer No Yes Full Environmental Assessment Form - EAF Mapper Summary Report E.2.o. [Endangered or Threatened Species - Indiana Bat Name] E.2.p. [Rare Plants or Animals] No E.3.a. [Agricultural District] No E.3.c. [National Natural Landmark] No E.3.d [Critical Environmental Area] No E.3.e. [National or State Register of Historic Digital mapping data are not available or are incomplete. Refer to EAF Places or State Eligible Sites] Workbook. E.U. [Archeological Sites] No E.31 [Designated River Corridor] No Full Environmental Assessment Form - EAF Mapper Summary Report Full Environmental Assessment Form Part 2 - Identification of Potential Project Impacts Agency Use Only 6.1.b Project : T. Wappinger Falls Sewer Treatment Upgral Date : June 10, 2024 Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s) will not necessarily be environmental professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application, maps, supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer "Yes" to a numbered question, please complete all the questions that follow in that section. • If you answer "No" to a numbered question, move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box "Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact, it may help to review the sub -questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity, that is, the "whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, ❑NO 0 YES the land surface of the proposed site. (See Part 1. D.1) I "Yes ", answer questions a -J. I "No ", move on to Section 2. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may involve construction on land where depth to water table is E2d ® ❑ less than 3 feet. b. The proposed action may involve construction on slopes of 15% or greater. E2f 0 ❑ c. The proposed action may involve construction on land where bedrock is exposed, or E2a 0 ❑ generally within 5 feet of existing ground surface. d. The proposed action may involve the excavation and removal of more than 1,000 tons 132a 0 ❑ of natural material. e. The proposed action may involve construction that continues for more than one year D 1 e 0 ❑ or in multiple phases. f. The proposed action may result in increased erosion, whether from physical D2e, D2q 0 ❑ disturbance or vegetation removal (including from treatment by herbicides). g. The proposed action is, or may be, located within a Coastal Erosion hazard area. B 1 i 0 ❑ h. Other impacts: 0 ❑ Page 1 of 10 N w m T y IL LL Q w LL m E U M Q 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, ®NO ❑YES minerals, fossils, caves). (See Part 1. E.2.g) I "Yes ", answer questions a - c. ff "No ", move on to Section 3. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may may occur may occur occur a. Identify the specific land form(s) attached: E2g ❑ ❑ D2b b. The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. c. The proposed action may involve dredging more than 100 cubic yards of material D2a Specific feature: ❑ from a wetland or water body. c. Other impacts: ❑ ❑ ® 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ❑NO ®YES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.21) I "Yes ", answer questions a - 1. If "No", move on to Section 4. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may create a new water body. 132b, D1h ® ❑ b. The proposed action may result in an increase or decrease of over 10% or more than a D2b ® ❑ 10 acre increase or decrease in the surface area of any body of water. c. The proposed action may involve dredging more than 100 cubic yards of material D2a ® ❑ from a wetland or water body. d. The proposed action may involve construction within or adjoining a freshwater or E2h ® ❑ tidal wetland, or in the bed or banks of any other water body. e. The proposed action may create turbidity in a waterbody, either from upland erosion, 132a, D2h ® ❑ runoff or by disturbing bottom sediments. f. The proposed action may include construction of one or more intake(s) for withdrawal D2c ® ❑ of water from surface water. g. The proposed action may include construction of one or more outfall(s) for discharge D2d ® ❑ of wastewater to surface water(s). h. The proposed action may cause soil erosion, or otherwise create a source of D2e 0 ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. L The proposed action may affect the water quality of any water bodies within or E2h ® ❑ downstream of the site of the proposed action. j. The proposed action may involve the application of pesticides or herbicides in or D2q, E2h ® ❑ around any water body. k. The proposed action may require the construction of new, or expansion of existing, Dla, D2d ® ❑ wastewater treatment facilities. Page 2 of 10 0 Q U 0 m a� Q m J O 0 0 0 LM .y m d U 0 'o L C. C 0 L Q E U �L d L m 3 (D 0 CL 2 cfl M r N O N U) w W 04 w m 0 a� .y CL LL Q w LL 0 0 E U Q 1. Other impacts: ❑0 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or Q✓ NO ❑ YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If "Yes ", answer questions a - h. If "No ", move on to Section 5. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may may occur may occur occur a. The proposed action may require new water supply wells, or create additional demand 132c ❑ ❑ on supplies from existing water supply wells. ® ❑ c. The proposed action may result in development within a 500 year floodplain. b. Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. ® ❑ patterns. Cite Source: e. The proposed action may change flood water flows that contribute to flooding. c. The proposed action may allow or result in residential uses in areas without water and Dla, 132c ❑ ❑ sewer services. f. If there is a dam located on the site of the proposed action, is the dam in need of repair, d. The proposed action may include or require wastewater discharged to groundwater. 132d, E21 ❑ ❑ e. The proposed action may result in the construction of water supply wells in locations 132c, Elf, ❑ ❑ where groundwater is, or is suspected to be, contaminated. Elg, Elh f. The proposed action may require the bulk storage of petroleum or chemical products 132p, E21 ❑ ❑ over ground water or an aquifer. g. The proposed action may involve the commercial application of pesticides within 100 E2h, D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21, D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ❑ NO M YES (See Part 1. E.2) I "Yes ", answer questions a - g. I "No ", move on to Section 6. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in development in a designated floodway. E2i ® ❑ b. The proposed action may result in development within a 100 year floodplain. E2j ® ❑ c. The proposed action may result in development within a 500 year floodplain. E2k ® ❑ d. The proposed action may result in, or require, modification of existing drainage 132b, D2e ® ❑ patterns. e. The proposed action may change flood water flows that contribute to flooding. D2b, E2i, ® ❑ E2', E2k f. If there is a dam located on the site of the proposed action, is the dam in need of repair, E 1 e ® ❑ or upgrade? Page 3 of 10 Q U m a� Q m J 4- 0 0 LM .y m d U A) 0 L I. m E m 0 Q E U �L d m m 0 o. 2 cfl M r 4 N O N rn w W 04 w m a� U) IL LL Q w LL m E U M Q g. Other impacts: 6. Impacts on Air The proposed action may include a state regulated air emission source. Q✓ NO ❑YES (See Part 1. D.2.£, D.2.h, D.2.g) If "Yes ", answer questions a -f If "No ", move on to Section 7. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may may occur may occur occur a. If the proposed action requires federal or state air emission permits, the action may 0 ❑ threatened or endangered species, as listed by New York State or the Federal also emit one or more greenhouse gases at or above the following levels: government, that use the site, or are found on, over, or near the site. i. More than 1000 tons/year of carbon dioxide (CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide (N20) D2g ❑ ❑ iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) D2g ❑ ❑ iv. More than .045 tons/year of sulfur hexafluoride (SF6) D2g ❑ ❑11 V. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ ❑ hydrochloroflourocarbons (HFCs) emissions Federal government, that use the site, or are found on, over, or near the site. vi. 43 tons/year or more of methane D2h ❑ ❑ b. The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous the Federal government. air pollutants. c. The proposed action may require a state air registration, or may produce an emissions D2f, D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat source capable of producing more than 10 million BTU's per hour. d. The proposed action may reach 50% of any of the thresholds in "a" through "c", D2g ❑ ❑ above. e. The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f. Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m. -q.) NO ®YES I "Yes ", answer questions a J. I "No ", move on to Section 8. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may cause reduction in population or loss of individuals of any E2o 0 ❑ threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. b. The proposed action may result in a reduction or degradation of any habitat used by E2o 0 ❑ any rare, threatened or endangered species, as listed by New York State or the federal government. c. The proposed action may cause reduction in population, or loss of individuals, of any E2p 0 ❑ species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. d. The proposed action may result in a reduction or degradation of any habitat used by E2p 0 ❑ any species of special concern and conservation need, as listed by New York State or the Federal government. Page 4 of 10 C Q U C m a� Q m J O C 0 C a) W m d U m 0 C C 0 E m 0 Q E U �L W d m m 0 CL 2 cfl M r 4 N 0 N U) W W N W m C a� .y CL LL Q W LL C W E U Q 8. Impact on Agricultural Resources 6.1.b I f "Yes ", answer questions a - h. I "No ", move on to Section 9. Relevant No, or e. The proposed action may diminish the capacity of a registered National Natural E3c 0 ❑ Landmark to support the biological community it was established to protect. Question(s) impact f. The proposed action may result in the removal of, or ground disturbance in, any E2n 0 ❑ portion of a designated significant natural community. a. The proposed action may impact soil classified within soil group 1 through 4 of the E2c, E3b ❑ Source: NYS Land Classification System. Q g. The proposed action may substantially interfere with nesting/breeding, foraging, or Elm 0 ❑ m over -wintering habitat for the predominant species that occupy or use the project site. 0 c. The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. h. The proposed action requires the conversion of more than 10 acres of forest, Elb ❑ ° grassland or any other regionally or locally important habitat. _J Habitat type & information source: O e. The proposed action may disrupt or prevent installation of an agricultural land El a, Elb ❑ 0 0 i. Proposed action (commercial, industrial or recreational projects, only) involves use of D2q 0 ❑ C herbicides or pesticides. C2c, C3, ❑ •a) N j. Other impacts: 132c, D2d 0 m ❑ g. The proposed project is not consistent with the adopted municipal Farmland C2c ❑ m 0 L Protection Plan. 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) FONO ❑YES I f "Yes ", answer questions a - h. I "No ", move on to Section 9. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may impact soil classified within soil group 1 through 4 of the E2c, E3b ❑ ❑ NYS Land Classification System. b. The proposed action may sever, cross or otherwise limit access to agricultural land Ela, Elb ❑ ❑ (includes cropland, hayfields, pasture, vineyard, orchard, etc). c. The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d. The proposed action may irreversibly convert agricultural land to non-agricultural Elb, E3a ❑ ❑ uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land El a, Elb ❑ ❑ management system. f. The proposed action may result, directly or indirectly, in increased development C2c, C3, ❑ ❑ potential or pressure on farmland. 132c, D2d g. The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h. Other impacts: ❑ ❑ Page 5 of 10 LL 2 cfl M 4 N O N rn W W 04 W m 0 a� .y CL LL Q W LL 0 0 E U M Q 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in Q✓ NO ❑YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E. La, E. Lb, E.3.h) 1 "Yes ", answer questions a - g, 1 "No ", go to Section 10. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may moss may occur occur a. Proposed action may be visible from any officially designated federal, state, or local E3h ❑ ❑ scenic or aesthetic resource. ❑ ❑ State Register of Historical Places, or that has been determined by the Commissioner b. The proposed action may result in the obstruction, elimination or significant E3h, C2b ❑ ❑ screening of one or more officially designated scenic views. listing on the State Register of Historic Places. c. The proposed action may be visible from publicly accessible vantage points: E3h b. The proposed action may occur wholly or partially within, or substantially contiguous i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) ❑ ❑ ❑ ii. Year round ❑ ❑ d. The situation or activity in which viewers are engaged while viewing the proposed E3h c. The proposed action may occur wholly or partially within, or substantially contiguous action is: E2q, ❑ to, an archaeological site not included on the NY SHPO inventory. i. Routine travel by residents, including travel to and from work ❑ ❑ ii. Recreational or tourism based activities Elc ❑ ❑ e. The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla, Ela, ❑ ❑ project: Dlf, Dlg 0-1/2 mile '/2 -3 mile 3-5 mile 5+ mile g. Other impacts: ❑ ❑ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ❑✓ NO YES resource. (Part 1. E.3.e, f. and g.) If "Yes ", answer questions a - e. If "No ", go to Section 11. Relevant No, or Moderate Part I small to large Question(s) impact impact may moss occur a. The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on the National or De ❑ ❑ State Register of Historical Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places. b. The proposed action may occur wholly or partially within, or substantially contiguous E3f ❑ ❑ to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory. c. The proposed action may occur wholly or partially within, or substantially contiguous E3g ❑ ❑ to, an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 2 cfl M r 4 N 0 N U) W W N W m 0 a� .y IL LL Q W LL 0 W E U M Q d. Other impacts: The proposed action may result in a loss of recreational opportunities or a WINO YES ❑ ❑ (See Part 1. C.2.c, E.1.c., E.2.q.) If any of the above (a -d) are answered "Moderate to large impact may Moderate Relevant No, or e, occur", continue with the following questions to help support conclusions in Part 3: to large Part I small L The proposed action may result in the destruction or alteration of all or part Be, E3g, ❑ ❑ of the site or property. E3f a. The proposed action may result in a reduction in the quantity of the resource or may occur ii. The proposed action may result in the alteration of the property's setting or De, E3f, ❑ ❑ integrity. E3g, Ela, E2h, E3d ❑ Elb Elm, Ego, iii. The proposed action may result in the introduction of visual elements which Be, E3f, ❑ ❑ are out of character with the site or property, or may alter its setting. E3g, E3h, C2a, E 1 c, ❑ ❑ C2, C3 C2c, E2 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a WINO YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.1.c., E.2.q.) 1 "Yes ", answer questions a - e. If "No ", go to Section 12. Moderate Relevant No, or Moderate to large Part I small to large impact may Question(s) impact impact may occur a. The proposed action may result in a reduction in the quantity of the resource or may occur occur a. The proposed action may result in an impairment of natural functions, or "ecosystem D2e, Elb ❑ ❑ services", provided by an undeveloped area, including but not limited to stormwater E2h, E3d ❑ storage, nutrient cycling, wildlife habitat. Elm, Ego, E2n, E2 ❑ b. The proposed action may result in the loss of a current or future recreational resource. C2a, E 1 c, ❑ ❑ C2c, E2 c. The proposed action may eliminate open space or recreational resource in an area C2a, C2c ❑ ❑ with few such resources. Elc, E2q d. The proposed action may result in loss of an area now used informally by the C2c, Elc ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical r✓ NO YES environmental area (CEA). (See Part 1. E.3.d) 1 "Yes ", answer questions a - c. 1 "No ", go to Section 13. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. b. The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. c. Other impacts: ❑ ❑ Page 7 of 10 Q U m a� Q m J 4- 0 r- .2 a� .y m a U m 0 0 m E m 0 L Q E U �L d L m m co 0 0 o. 2 cfl M et N 0 N co W W 04 W Q: m 0 a� IL LL Q W LL m E U M Q 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. ❑✓ NO F] YES (See Part 1. D.2.j) I "Yes ", answer questions a -f If "No ", go to Section 14. If "Yes ", answer questions a - e. 1 "No ", go to Section 15. Relevant No, or Moderate Moderate Part I small to large to large Question(s) impact impact may impact may may occur occur a. Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b. The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. or supply system to serve more than 50 single or two-family residences or to serve a Dlq, D2k 0 c. The proposed action will degrade existing transit access. D2j ❑ ❑ d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e. The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f. Other impacts: feet of building area when completed. ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. ✓ONO ❑YES (See Part 1. D.21) If "Yes ", answer questions a - e. 1 "No ", go to Section 15. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action will require a new, or an upgrade to an existing, substation. D2k ❑ ❑ b. The proposed action will require the creation or extension of an energy transmission Dlf, 11 El or supply system to serve more than 50 single or two-family residences or to serve a Dlq, D2k 0 ❑ commercial or industrial use. c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d. The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. e. Other Impacts: 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. ❑NO ❑✓ YES (See Part 1. D.2.m., n., and o.) I "Yes ", answer questions a -f If "No ", go to Section 16. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may produce sound above noise levels established by local D2m ® ❑ regulation. b. The proposed action may result in blasting within 1,500 feet of any residence, 132m, Eld 0 ❑ hospital, school, licensed day care center, or nursing home. c. The proposed action may result in routine odors for more than one hour per day. D2o ® ❑ Page 8 of 10 C Q U C m a� Q m J 4- 0 C 0 C a) W m d U A) 0 C C 0 E m 0 Q E U �L d L m Co C 0 CL 2 cfl M r 4 N O N CO W W N W m C a� .y CL LL Q W LL C 0 E U Q 6,1.b d. The proposed action may result in light shining onto adjoining properties. D2n Fel I "Yes ", answer questions a - m. I "No ", go to Section 17. Relevant e. The proposed action may result in lighting creating sky -glow brighter than existing conditions. 132n, Ela ® Elarea f. Other impacts: temporary increases in noise and odor from the site during construction. to large ® El impact 16. Impact on Human Health The proposed action may have an impact on human health from exposure Q✓ NO ❑ YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) I "Yes ", answer questions a - m. I "No ", go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a. The proposed action is located within 1500 feet of a school, hospital, licensed day El d 13 care center, group home, nursing home or retirement community. b. The site of the proposed action is currently undergoing remediation. Elg, Elh ❑ ❑ c. There is a completed emergency spill remediation, or a completed environmental site Eig, Elh ❑ ❑ remediation on, or adjacent to, the site of the proposed action. d. The site of the action is subject to an institutional control limiting the use of the Elg, Elh ❑ ❑ property (e.g., easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place Elg, Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f. The proposed action has adequate control measures in place to ensure that future D2t 11 1:1generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g. The proposed action involves construction or modification of a solid waste D2q, Elf C1 13management facility. h. The proposed action may result in the unearthing of solid or hazardous waste. D2q, Elf ❑ 1:1i. The proposed action may result in an increase in the rate of disposal, or processing, of D2r, D2s 1:1 11solid waste. j. The proposed action may result in excavation or other disturbance within 2000 feet of Elf, Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k. The proposed action may result in the migration of explosive gases from a landfill E 1 f, E 1 g 1:10 site to adjacent off site structures. 1. The proposed action may result in the release of contaminated leachate from the 132s, E If, ❑ 11project site. D2r in. Other impacts: Page 9 of 10 0 Q U C Q m J O 0 0 0 LM .y m d U 0 0 L C. C 0 0 L Q E U �L d L m m Co 0 0 CL 2 cfl M r N O N Co W W 04 W m 0 a) W CL LL Q W LL 0 0 E U M Q 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ✓❑NO FYES (See Part 1. C.1, C.2. and C.3.) If "Yes ", answer questions a - h. If "No", go to Section 18. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action's land use components may be different from, or in sharp C2, C3, Dla ❑ ❑ contrast to, current surrounding land use pattern(s). Ela, Elb b. The proposed action will cause the permanent population of the city, town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 ❑ ID d. The proposed action is inconsistent with any County plans, or other regional land use C2, C2 ❑ ❑ plans. C2, E3 ❑ ❑ e. The proposed action may cause a change in the density of development that is not C3, Dlc, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. D 1 d, D 1 f, ❑ ❑ character. Dld, Elb f. The proposed action is located in an area characterized by low density development C4, 132c, D2d ❑ ❑ that will require new or expanded public infrastructure. D2j g. The proposed action may induce secondary development impacts (e.g., residential or C2a ❑ ❑ commercial development not included in the proposed action) ❑ ❑ h. Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. ✓V NO FJYES (See Part 1. C.2, C.3, D.2, E.3) I "Yes ", answer questions a - g. I "No ", proceed to Part 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may replace or eliminate existing facilities, structures, or areas De, E3f, E3g ❑ ❑ of historic importance to the community. b. The proposed action may create a demand for additional community services (e.g. C4 ❑ ❑ schools, police and fire) c. The proposed action may displace affordable or low-income housing in an area where C2, C3, D 1 f ❑ ❑ there is a shortage of such housing. Dlg, Ela d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 ❑ ❑ or designated public resources. e. The proposed action is inconsistent with the predominant architectural scale and C2, C3 ❑ ❑ character. f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 ❑ ❑ Ela, Elb E2g, E2h g. Other impacts: ❑ ❑ PRINT FULL FORM I Page 10 of 10 Q U m a� Q m J O r_ 0 LM .y m d U 0 0 0 m E m 0 Q E �L d L �y 3 co 0 IL 2 cfl M r 4 N 0 N rn W W N W Q: m a� .y IL LL Q W LL m E U M Q Project: Date: Full Environmental Assessment Form Part 3 - Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its determination of significance. Reasons Supporting This Determination. To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope, duration, probability the impact occurring, number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. • Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets, as needed. See Exhibit A attached hereto. Determination of Significance - Type 1 and Unlisted Actions SEQR Status: ❑ Type 1 © Unlisted Identify portions of EAF completed for this Project: © Part 1 ® Part 2 © Part 3 Upon review of the information recorded on this EAF, as noted, plus this additional support information Preliminary Engineering Report oreoared by CPL dated July 2023 and revised April 2024 and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the Town of Wa in er as lead agency that: © A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued - E3 B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617.7(d)). ❑ C. This Project may result in one or more significant adverse impacts on the environment, and an environmental impact statement must be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly, this positive declaration is issued. Name of Action: Mid Point Part Sewer District Wastewater Treatment Facility Upgrade Name of Lead Agency: Town of Wappinger Name of Responsible Officer in Lead Agency: Joseph D. Cavaccini Title of Responsible Officer. D d.J A- Ss r4 -,-J i s Signature of Responsible Officer in Lead Agency: Date: `�' •_- June 10, 2024 Signature of Preparer (if different from Respo le cer) Date: For Further Information: Contact Person: Joseph D. Cavaccini Address: 20 Middlebush Road Telephone Number: 845-297-2744 E-mail: supervisor@townofwappingemy.gov For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of) Other involved agencies (if any) Applicant {if any) Environmental Notice Bulletin: hft://www.dec.nv.-*ov/eub/enb.htm] PRINT FULLROF M� Page 2 of 2 2 cfl M 4 N O N rn W W N W m a� .y IL LL Q W LL m E U M Q Full Environmental Assessment Form Part 2 - Identification of Potential Project Impacts Agency Use Only Project: T.WappingerFalls Sew rTreatmeritt�. Date: June 1 Q 2024 Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s) will not necessarily be environmental professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application, maps, supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer "Yes" to a numbered question, please complete all the questions that follow in that section. • If you answer "No" to a numbered question, move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box "Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact, it may help to review the sub -questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity, that is, the "whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, [:]NO YES the land surface of the proposed site. (See Part 1. D.1) I "Yes'; answer questions a -. I "No", move on to Section 2. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may involve construction on land where depth to water table is E2d ® ❑ less than 3 feet. b. The proposed action may involve construction on slopes of 15% or greater. E2f ® ❑ c. The proposed action may involve construction on land where bedrock is exposed, or E2a ® ❑ generally within 5 feet of existing ground surface. d. The proposed action may involve the excavation and removal of more than 1,000 tons D2a ® ❑ of natural material. e. The proposed action may involve construction that continues for more than one year Dle ® ❑ or in multiple phases. f. The proposed action may result in increased erosion, whether from physical D2e, D2q ® ❑ disturbance or vegetation removal (including from treatment by herbicides). g. The proposed action is, or may be, located within a Coastal Erosion hazard area. Bli ® ❑ h. Other impacts: ® ❑ Page 1 of 10 F Packet Pg. 46 N IL U_ Q W U_ m E U M Q 3. Impacts on Surface Water 6.1.c' 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, ®NO ❑ YES o minerals, fossils, caves). (See Part 1. E.2.g) I "Yes'; answer questions a - c. I `No ", move on to Section 3. Moderate Relevant No, or Moderate U to large Part I small to large a impact may Question(s) impact impact may occur a. The proposed action may create a new water body. may occur occur ❑ b. The proposed action may result in an increase or decrease of over 10% or more than a D2b a� a. Identify the specific land form(s) attached: E2g ❑ ❑ z c. The proposed action may involve dredging more than 100 cubic yards of material D2a 0 Q ❑ from a wetland or water body. b. The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ U registered National Natural Landmark. Specific feature: D2a, D2h ® Q runoff or by disturbing bottom sediments. c. Other impacts: D2c ❑ ❑ of water from surface water. 4- 0 g. The proposed action may include construction of one or more outfall(s) for discharge 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ❑ NO OYES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.21) I "Yes' , answer questions a - 1. I "No ", move on to Section 4. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may create a new water body. D2b, Dlh ® ❑ b. The proposed action may result in an increase or decrease of over 10% or more than a D2b ® ❑ 10 acre increase or decrease in the surface area of any body of water. c. The proposed action may involve dredging more than 100 cubic yards of material D2a ® ❑ from a wetland or water body. d. The proposed action may involve construction within or adjoining a freshwater or E2h ® ❑ tidal wetland, or in the bed or banks of any other water body. e. The proposed action may create turbidity in a waterbody, either from upland erosion, D2a, D2h ® ❑ runoff or by disturbing bottom sediments. f. The proposed action may include construction of one or more intake(s) for withdrawal D2c ® ❑ of water from surface water. g. The proposed action may include construction of one or more outfall(s) for discharge D2d ® ❑ of wastewater to surface water(s). h. The proposed action may cause soil erosion, or otherwise create a source of D2e ® ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i. The proposed action may affect the water quality of any water bodies within or E2h ® ❑ downstream of the site of the proposed action. j. The proposed action may involve the application of pesticides or herbicides in or D2q, E2h ® ❑ around any water body. k. The proposed action may require the construction of new, or expansion of existing, Dla, D2d ® ❑ wastewater treatment facilities. Page 2 of 10 0 0 R .y m a U m 0 C C 0 E 0 L Q E U �L d L m 0 0 o. 2 cfl M r N O N Ch W W N CL LL Q W LL 0 m E U M Q 1. Other impacts: The proposed action may result in new or additional use of ground water, or ©NO ❑ YES ❑ 6.1.c If "Yes'; answer questions a - h. If `No'; move on to Section 5. 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or ©NO ❑ YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If "Yes'; answer questions a - h. If `No'; move on to Section 5. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may may occur may occur occur a. The proposed action may require new water supply wells, or create additional demand D2c ❑ ❑ on supplies from existing water supply wells. ® ❑ c. The proposed action may result in development within a 500 year floodplain. b. Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. ® ❑ patterns. Cite Source: e. The proposed action may change flood water flows that contribute to flooding. c. The proposed action may allow or result in residential uses in areas without water and Dl a, D2c ❑ ❑ sewer services. f. If there is a dam located on the site of the proposed action, is the dam in need of repair, d. The proposed action may include or require wastewater discharged to groundwater. D2d, E21 ❑ ❑ e. The proposed action may result in the construction of water supply wells in locations D2c, Elf, ❑ ❑ where groundwater is, or is suspected to be, contaminated. Elg, Elh f. The proposed action may require the bulk storage of petroleum or chemical products D2p, E21 ❑ ❑ over ground water or an aquifer. g. The proposed action may involve the commercial application of pesticides within 100 E2h, D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21, D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ❑ NO YES (See Part 1. E.2) I "Yes'; answer questions a - g. I `No'; move on to Section 6. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in development in a designated floodway. E2i ® ❑ b. The proposed action may result in development within a 100 year floodplain. E2j ® ❑ c. The proposed action may result in development within a 500 year floodplain. E2k ® ❑ d. The proposed action may result in, or require, modification of existing drainage D2b, D2e ® ❑ patterns. e. The proposed action may change flood water flows that contribute to flooding. D2b, E2i, ® ❑ E2', E2k f. If there is a dam located on the site of the proposed action, is the dam in need of repair, El e ® ❑ or upgrade? Page 3 of 10 S 0 m d m a� m z Q U m a� Q m J r- 0 r- 0 LM .y m d U 0 0 L I. 0 m E 0 L Q E U �L d L m co 0 IL 2 cfl M N O N Ch W W N IL LL Q W LL m U Q g. Other impacts: The proposed action may include a state regulated air emission source. ©NO ❑ YES ❑I j, 6.1.c' Relevant 6. Impacts on Air The proposed action may include a state regulated air emission source. ©NO ❑ YES (See Part 1. D.2.f., D.2.h, D.2.g) If "Yes'; answer questions a - f. If "No'; move on to Section 7. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may may occur may occur occur a. If the proposed action requires federal or state air emission permits, the action may ® ❑ threatened or endangered species, as listed by New York State or the Federal also emit one or more greenhouse gases at or above the following levels: government, that use the site, or are found on, over, or near the site. i. More than 1000 tons/year of carbon dioxide (CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide (N20) D2g ❑ ❑ iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) D2g ❑ ❑ iv. More than .045 tons/year of sulfur hexafluoride (SF6) D2g ❑ ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ ❑ hydrochloroflourocarbons (HFCs) emissions Federal government, that use the site, or are found on, over, or near the site. vi. 43 tons/year or more of methane D2h ❑ ❑ b. The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous the Federal government. air pollutants. c. The proposed action may require a state air registration, or may produce an emissions D2f, D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat source capable of producing more than 10 million BTU's per hour. d. The proposed action may reach 50% of any of the thresholds in "a" through "c", D2g ❑ ❑ above. e. The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f. Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m. -q.) NO W]YES I "Yes'; answer questions a -. I "No", move on to Section 8. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may cause reduction in population or loss of individuals of any E2o ® ❑ threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. b. The proposed action may result in a reduction or degradation of any habitat used by E2o ® ❑ any rare, threatened or endangered species, as listed by New York State or the federal government. c. The proposed action may cause reduction in population, or loss of individuals, of any E2p ® ❑ species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. d. The proposed action may result in a reduction or degradation of any habitat used by E2p ® ❑ any species of special concern and conservation need, as listed by New York State or the Federal government. Page 4 of 10 2 cfl M r 4 N 0 N Co W W N CL LL Q W LL 0 m E U Q 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) WINO ❑ YES I "Yes'; answer questions a - h. ff `No'; move on to Section 9. � 6.1.e e. The proposed action may diminish the capacity of a registered National Natural E3c Moderate Landmark to support the biological community it was established to protect. small to large f. The proposed action may result in the removal of, or ground disturbance in, any E2n ® ❑ _ portion of a designated significant natural community. may occur occur :a Source: ❑ ❑ NYS Land Classification System. g. The proposed action may substantially interfere with nesting/breeding, foraging, or E2m ® m ❑ over -wintering habitat for the predominant species that occupy or use the project site. ❑ (includes cropland, hayfields, pasture, vineyard, orchard, etc). p m c. The proposed action may result in the excavation or compaction of the soil profile of E3b h. The proposed action requires the conversion of more than 10 acres of forest, Elb EX Ela) grassland or any other regionally or locally important habitat. d. The proposed action may irreversibly convert agricultural land to non-agricultural z Habitat type & information source: ❑ uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 .a acres if not within an Agricultural District. 0 Q i. Proposed action (commercial, industrial or recreational projects, only) involves use of D2q ® U ❑ 0 herbicides or pesticides. ❑ management system. a) f. The proposed action may result, directly or indirectly, in increased development Q j. Other impacts: ❑ ® ❑ g. The proposed project is not consistent with the adopted municipal Farmland m J r- ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) WINO ❑ YES I "Yes'; answer questions a - h. ff `No'; move on to Section 9. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may impact soil classified within soil group 1 through 4 of the E2c, E3b ❑ ❑ NYS Land Classification System. b. The proposed action may sever, cross or otherwise limit access to agricultural land El a, Elb ❑ ❑ (includes cropland, hayfields, pasture, vineyard, orchard, etc). c. The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d. The proposed action may irreversibly convert agricultural land to non-agricultural Elb, E3a ❑ ❑ uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land El a, Elb ❑ ❑ management system. f. The proposed action may result, directly or indirectly, in increased development C2c, C3, ❑ ❑ potential or pressure on farmland. 132c, D2d g. The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h. Other impacts: ❑ ❑ Page 5 of 10 v C 0 0 R .y m d U m 0 C 0 0 E m 0 L Q E U �L 0_ d L 3 m C 0 CL 2 cfl M 4 N O N U) w N fC 0. LL Q W LL C W E U M Q 10. Impact on Historic and Archeological Resources 6.1.c' 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in NO ❑ YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.l.a, E.l.b, E.31.) I "Yes'; answer questions a - g. I `No'; o to Section 10. Moderate Relevant No, or Moderate to large Part I small to large a impact may Question(s) impact impact may y r a. The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on the National or may occur occur a. Proposed action may be visible from any officially designated federal, state, or local E3h ❑ a� ❑ Z scenic or aesthetic resource. of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for 'a listing on the State Register of Historic Places. 0 b. The proposed action may result in the obstruction, elimination or significant E3h, C2b ❑ ❑ a, screening of one or more officially designated scenic views. to, an area designated as sensitive for archaeological sites on the NY State Historic _ c. The proposed action may be visible from publicly accessible vantage points: E3h m Q i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) c. The proposed action may occur wholly or partially within, or substantially contiguous ❑ ❑ ii. Year round to, an archaeological site not included on the NY SHPO inventory. ❑ ❑ m Source: J d. The situation or activity in which viewers are engaged while viewing the proposed E3h O action is: E2q, 0 0 i. Routine travel by residents, including travel to and from work F-1 ❑ M ii. Recreational or tourism based activities Elc F-1 ❑ a� .y m e. The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ a appreciation of the designated aesthetic resource. u m 0 f. There are similar projects visible within the following distance of the proposed Dla, Ela, F-1 F-1CL project: Dlf, Dlg C 0-1/2 mile E '/2 -3 mile y 3-5 mile o 5+ mile Q g. Other impacts: ❑ ❑ L d 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological QNO ❑ YES resource. (Part 1. E.3.e, f. and g.) If "Yes'; answer questions a - e. If "No", go to Section 11. Relevant No, or Moderate Part I small to large Question(s) impact impact may m r r a. The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on the National or E3e ❑ ❑ State Register of Historical Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places. b. The proposed action may occur wholly or partially within, or substantially contiguous E3f ❑ ❑ to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory. c. The proposed action may occur wholly or partially within, or substantially contiguous E39 ❑ ❑ to, an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 L �y 3 m Co 0 CL 2 cfl M r et N 0 N Co W W N CL U- Q w U- 0 m E U Q d. Other impacts: The proposed action may result in a loss of recreational opportunities or a FZ]NO ❑ YES ❑ 6.1.c (See Part 1. C.2.c, E.l.c., E.2.q.) If any of the above (a -d) are answered "Moderate to large impact may Moderate Relevant No, or e. occur", continue with the following questions to help support conclusions in Part 3: to large Part I small to large impact may Question(s) impact i. The proposed action may result in the destruction or alteration of all or part E3e, E3g, ❑ ❑ U of the site or property. E3f D2e, Elb d ii. The proposed action may result in the alteration of the property's setting or E3e, E3f, ° ° > :a integrity. E3g, Ela, E2m, E2o, Elb E2n, E2 z iii. The proposed action may result in the introduction of visual elements which E3e, E3f, ❑ ❑ are out of character with the site or property, or may alter its setting. E3g, E31r, C2c, E2 Q C2, C3 C2a, C2c ❑ 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a FZ]NO ❑ YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.l.c., E.2.q.) I "Yes'; answer questions a - e. ff "No", go to Section 12. Moderate Relevant No, or Moderate to large Part I small to large impact may Question(s) impact impact may occur a. The proposed action may result in a reduction in the quantity of the resource or may occur occur a. The proposed action may result in an impairment of natural functions, or "ecosystem D2e, Elb ❑ ❑ services", provided by an undeveloped area, including but not limited to stormwater E21r, EM ❑ storage, nutrient cycling, wildlife habitat. E2m, E2o, E2n, E2 ❑ b. The proposed action may result in the loss of a current or future recreational resource. C2a, Elc, ❑ ❑ C2c, E2 c. The proposed action may eliminate open space or recreational resource in an area C2a, C2c ❑ ❑ with few such resources. Elc, E2q d. The proposed action may result in loss of an area now used informally by the C2c, Elc ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical ❑✓ NO ❑ YES environmental area (CEA). (See Part 1. E.3.d) I "Yes"; answer questions a - c. ff "No", go to Section 13. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in a reduction in the quantity of the resource or EM ❑ ❑ characteristic which was the basis for designation of the CEA. b. The proposed action may result in a reduction in the quality of the resource or EM ❑ ❑ characteristic which was the basis for designation of the CEA. c. Other impacts: ❑ ❑ Page 7 of 10 2 cfl M �t N O N co W W N IL LL Q W LL 0 m E U Q 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. ©NO ❑YES 6.1.c' 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. W] NO ❑ YES (See Part 1. D.2 j) I "Yes'; answer questions a - f ff `No'; o to Section 14. Moderate Relevant No, or Moderate to large Part I small to large U impact may Question(s) impact impact may a occur a. The proposed action will require a new, or an upgrade to an existing, substation. may occur occur a. Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b. The proposed action may result in the construction of paved parking area for 500 or D2j ❑ a� ❑ z more vehicles. commercial or industrial use. hospital, school, licensed day care center, or nursing home. a 0 c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ c. The proposed action will degrade existing transit access. D2j ❑ ❑ a, U ❑ feet of building area when completed. 0 d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ a� Q e. The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f. Other impacts: ❑ m J ❑ ,- O 0 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. ©NO ❑YES (See Part 1. D.21) I "Yes'; answer questions a - e. I "No", go to Section 15. I "Yes' , answer questions a -.f I "No ", go to Section 16. Relevant No, or Moderate Moderate Part I small to large to large Question(s) impact impact may impact may may occur occur a. The proposed action will require a new, or an upgrade to an existing, substation. D2k ❑ ❑ b. The proposed action will require the creation or extension of an energy transmission Dlf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq, D2k D2m, Eld ® commercial or industrial use. hospital, school, licensed day care center, or nursing home. c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d. The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. e. Other Impacts: 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. NO ❑✓ YES (See Part 1. D.2.m., n., and o.) I "Yes' , answer questions a -.f I "No ", go to Section 16. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may produce sound above noise levels established by local D2m ® ❑ regulation. b. The proposed action may result in blasting within 1,500 feet of any residence, D2m, Eld ® ❑ hospital, school, licensed day care center, or nursing home. c. The proposed action may result in routine odors for more than one hour per day. D2o ® ❑ Page 8 of 10 0 R .y m a U m 'o CL 0 0 E m 0 L Q E U �L d L Co 0 0 CL 2 cfl M r 4 N 0 N Co W W N CL U_ Q W U_ 0 m E U M Q 16. Impact on Human Health The proposed action may have an impact on human health from exposure © NO ❑ YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) I "Yes'; answer questions a - m. I "No'; go to Section 17. 6.1.c d. The proposed action may result in light shining onto adjoining properties. D2n Part I small e. The proposed action may result in lighting creating sky -glow brighter than existing 132n, Ela ® ❑ area conditions. S occur a. The proposed action is located within 1500 feet of a school, hospital, licensed day Eld 0 ❑ care center, group home, nursing home or retirement community. :a f. Other impacts: temporary increases in noise and odor from the site during construction. b. The site of the proposed action is currently undergoing remediation. ® ❑ ❑ c. There is a completed emergency spill remediation, or a completed environmental site Elg, Elh ❑ ❑ remediation on, or adjacent to, the site of the proposed action. v 16. Impact on Human Health The proposed action may have an impact on human health from exposure © NO ❑ YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) I "Yes'; answer questions a - m. I "No'; go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a. The proposed action is located within 1500 feet of a school, hospital, licensed day Eld ❑ ❑ care center, group home, nursing home or retirement community. b. The site of the proposed action is currently undergoing remediation. Elg, Elh ❑ ❑ c. There is a completed emergency spill remediation, or a completed environmental site Elg, Elh ❑ ❑ remediation on, or adjacent to, the site of the proposed action. d. The site of the action is subject to an institutional control limiting the use of the Elg, Elh ❑ ❑ property (e.g., easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place Elg, Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f. The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g. The proposed action involves construction or modification of a solid waste D2q, Elf ❑ ❑ management facility. h. The proposed action may result in the unearthing of solid or hazardous waste. D2q, Elf ❑ ❑ i. The proposed action may result in an increase in the rate of disposal, or processing, of 132r, D2s ❑ ❑ solid waste. j. The proposed action may result in excavation or other disturbance within 2000 feet of Elf, Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k. The proposed action may result in the migration of explosive gases from a landfill Elf, Elg ❑ ❑ site to adjacent off site structures. 1. The proposed action may result in the release of contaminated leachate from the 132s, Elf, ❑ ❑ project site. D2r in. Other impacts: Page 9 of 10 2 cfl M r 4 N O N Co W W N fC 0. LL Q W LL C 4) E U M Q 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. W]NO YES (See Part 1. C.1, C.2. and C.3.) If "Yes'; answer questions a - h. If `No'; go to Section 18. I "Yes'; answer questions a - g. ff "No ", proceed to Part 3. Relevant No, or Moderate Moderate Part I small to large to large Question(s) impact impact may impact may may occur occur a. The proposed action's land use components may be different from, or in sharp C2, C3, Dla ❑ ❑ contrast to, current surrounding land use pattern(s). Ela, Elb b. The proposed action will cause the permanent population of the city, town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. schools, police and fire) c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 ❑ ❑ d. The proposed action is inconsistent with any County plans, or other regional land use C2, C2 ❑ ❑ plans. d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 ❑ e. The proposed action may cause a change in the density of development that is not C3, Dlc, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Dld, Dlf, C2, C3 ❑ ❑ Dld, Elb f. The proposed action is located in an area characterized by low density development C4, D2c, D2d ❑ ❑ that will require new or expanded public infrastructure. D2j Ela, Elb g. The proposed action may induce secondary development impacts (e.g., residential or C2a ❑ ❑ commercial development not included in the proposed action) g. Other impacts: ❑ h. Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. ONO YES (See Part 1. C.2, C.3, D.2, E.3) I "Yes'; answer questions a - g. ff "No ", proceed to Part 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may replace or eliminate existing facilities, structures, or areas E3e, E3f, E3g ❑ ❑ of historic importance to the community. b. The proposed action may create a demand for additional community services (e.g. C4 ❑ ❑ schools, police and fire) c. The proposed action may displace affordable or low-income housing in an area where C2, C3, Dlf ❑ ❑ there is a shortage of such housing. Dlg, Ela d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 ❑ ❑ or designated public resources. e. The proposed action is inconsistent with the predominant architectural scale and C2, C3 ❑ ❑ character. f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 ❑ ❑ Ela, Elb E2g, E2h g. Other impacts: ❑ ❑ PRINT FULL FORM Page 10 of 10 0 U m d m :a a� m Z Q U m a� Q m J r - O 0 0 LM .y m d U 0 0 L I. m E m 0 Q E �L 0 d m co 0 'o IL 2 cfl M r 4 N O N co W W N IL LL Q W LL 0 m E U M Q Use Project; IT. wappinger sewer Treatment Date : I ,,. Full Environmental Assessment Form Part 3 - Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact occurring, number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. • Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets, as needed. See Exhibit A attached hereto. Determination of Significance - Type 1 and Unlisted Actions SFQR Status: ❑ Type 1 © Unlisted Identify portions of EAT completed for this Project: 0 Part 1 © Part 2 Q Part 3 6.1.d Upon review of the information recorded on this EAF, as noted, plus this additional support information Preliminary Engineering Report prepared ed by CPL dated July 2023 and revised April 2024 and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the Town of Wappinger as lead agency that: © A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617.7(d)). ❑ C. This Project may result in one or more significant adverse impacts on the environment, and an environmental impact statement must be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly, this positive declaration is issued. Name of Action: Mid Point Part Sewer District Wastewater Treatment Facility Upgrade Name of Lead Agency: Town of Wappinger Name of Responsible Officer in bead Agency: Joseph D. Cavaccinl Title of Responsible Officer: Town Supervision Signature of Responsible Officer in bead Agency: .- Date: June 10, 2024 Signature of Preparer (if different from Resp lefacer) Date: For Further Information - Contact Person: Joseph D. Cavaccini Address: 20 Middlebush Road Telephone Number: 845-297-2744 E-mail: supervisor@townofwappingemy.gov For Type I Actions and Conditioned Negative Declarations, a copy of this Notice is sent to.- Chief o:Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town 1 City / Village of) Other involved agencies (if any) Applicant (if any) Environmental Notice Bulletin: http://www.dee.ay.2ov/enb/enb.html PRINT FULL FORM Page 2 of 2 2 cfl M 4 N 0 N U) W N_ M fC I1 U- Q W U- O O E U M Q Mr. Joseph Cavaccini, Supervisor Town of Wappinger 20 Middlebush Road Wappinger Falls, NY 12590 Dear Supervisor Cavaccini: 6.1.e' YEARS OF EXCELLENCE I N U I N I I:RINU /\I.C,IIIII: IUl'I_ SU PVI:YIN I'I_ANININ June 17, 2024 Via EMAIL Re: 2024 WIIA Grant Program Application Mid -Point Park Sewer District Improvements Project (T) Wappinger, New York Enclosed please find for your records, the 2024 NY Water Infrastructure Improvement Act Program (WIIA) Application that was submitted for the Town of Wappinger's Mid -Point Park Sewer District Improvements Project. Hard copy to follow upon request. It was a pleasure working with the you and we hope that you will contact us again for any of your future needs. Very truly yours, LABERGE GROUP By:! Laverne Stewart Community Development Specialist LS Enc, \\LGfs03\J�,20240411,Reports\Phase 2200 WIIA 2024 (Mid -Point SD)Az-Final Application\WIIA Application Submittal Cover Ltr.docx 4 Computer Drive West • Albany, New York 12205 • (518) 458-7112 • Fax (518) 458-1879 www.labergegroup.com r Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-137 Meeting: 06/10/24 07:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6195 Resolution Authorizing the Execution of an Agreement Between the Town of Wappinger and the Little League Association, Inc. WHEREAS, the Town Board finds that it is in the best interests of the Town to have the Town of Wappinger Little League Association, Inc. provide a program of softball and baseball activities for the boys and girls of the community; and WHEREAS, the baseball and softball programs of the Town of Wappinger Little League Association, Inc. are provided at the Robinson Lane Recreation Facilities owned by the Town of Wappinger; and WHEREAS, the Town of Wappinger Little League Association, Inc. has assisted the Town of Wappinger in maintaining the baseball fields and facilities on which its teams play; and WHEREAS, the Wappingers Challenger League has administered an outstanding program of baseball activities since 2005 through the hard work and drive of countless volunteers in the program; and WHEREAS, the baseball programs of the Wappingers Challenger League are provided at Inspiration Field at the Robinson Lane Recreation Facilities owned by the Town of Wappinger; and WHEREAS, the motto of the Wappingers Challenger League is "Everyone Can Play!" and the Town Board believes that it is important for the Town to assist with achieving that goal through providing the necessary improvements to Inspiration Field and financial assistance for the program; WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation Committee, the Director of Recreation, and the Supervisor of Buildings and Grounds, has negotiated the terms of a proposed Service Agreement with the Town of Wappinger Little League Association, Inc., a copy of which is attached hereto; and WHEREAS, the Town Board acknowledges the very successful program the Town of Wappinger Little League Association, Inc. has administered for the last 40 years or so and wishes to continue having the Town of Wappinger Little League Association, Inc. provide softball and baseball activities for the boys and girls of the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board Members acknowledge they have reviewed the terms and conditions of the proposed "Service Agreement" attached hereto, and they find the terms contained therein reasonable and consistent with the relationship the Town has had with the Town of Wappinger Little League Association, Inc. over the last 40 years or so; and The Town Board hereby authorizes the Town Supervisor to execute said Service Agreement with the Town of Wappinger Little League Association, Inc. in accordance with the terms and conditions contained therein, which Agreement, among other provisions, authorizes the Town to pay the amount budgeted for Fiscal Year 2024 for Little League and the Challenger League upon execution and delivery of the agreement. Updated: 6/6/2024 6:22 PM by Joseph P. Paoloni Page 1 Resolution 2024-137 RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Al Casella, Councilman Meeting of June 10, 2024 SECONDER: William H. Beale, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 6/6/2024 6:22 PM by Joseph P. Paoloni Page 2 SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. THIS AGREEMENT made the day of 2024, by and between TOWN OF WAPPINGER A Municipal Subdivision, having its offices at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "TOWN" and THE TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. A Not -For -Profit Corporation, with its principal offices at PO BOX 133, Wappingers Falls, New York 12590, hereinafter referred to as the "WAPPINGER LITTLE LEAGUE". WITNESSETH: WHEREAS, the TOWN and WAPPINGER LITTLE LEAGUE have maintained a long- standing relationship in providing baseball and softball programs for the youth of the Town of Wappinger; and WHEREAS, the baseball and softball programs of the WAPPINGER LITTLE LEAGUE are provided at the Robinson Lane Recreation Facilities owned by the Town of Wappinger; and WHEREAS, WAPPINGER LITTLE LEAGUE has assisted the TOWN in maintaining the baseball fields and facilities on which its teams play; and WHEREAS, the Town Board determines that it is in the best interest of the TOWN to provide baseball and softball programs for the youth of the community and the parties desire to enter into this agreement to provide a framework for the programs for the youth of the Town of Wappinger and the respective obligations of the parties; -I- NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, and other good and valuable consideration, the TOWN and the WAPPINGER LITTLE LEAGUE hereby agree as follows: 1. Term and Renewal. The Term of this Agreement shall commence immediately upon its execution and shall expire upon December 31, 2024. Any future agreements between the parties shall be under the terms and conditions mutually agreed to by the parties at that time. 2. Services Provided. 2.1. The WAPPINGER LITTLE LEAGUE shall provide qualified and responsible management and supervision of a program for youth between the ages of 4 and 20, residing within the Town of Wappinger and the Village of Wappingers Falls. 2.1.1. Within 30 days after the start of its Spring and Fall seasons, WAPPINGER LITTLE LEAGUE shall supply the TOWN with a written roster of all participants in the spring softball and baseball programs; such roster shall contain the names, addresses, and ages of each participant. 2.3 The WAPPINGER LITTLE LEAGUE shall verify that all participants actually reside in the TOWN of Wappinger, the Village of Wappingers Falls or otherwise comply with the geographic residence restrictions established by Little League Baseball, Inc. ages: 2.4. WAPPINGER LITTLE LEAGUE shall provide programs for the following a. Challenger Leagues — Age Group — varied 4 to 20 years old; b. Tee Ball — Age Group - 4 to 6 years old; C. Minor League Baseball — Age Group — 7 to 12 years old; d. Little League Baseball & Softball — Age Group - 9 to 12 years old; e. Instructional Baseball & Softball — Age Group — 6 to 8 years old; f. Junior/Senior League Baseball & Softball —Age Group — 13 to 16 years old; -2- 2.5. Such softball and baseball programs shall comport with the rules and regulations of the Little League Baseball, Inc. ("LL International"). 2.6. Assignment of participating youths to specific teams shall be made by WAPPINGER LITTLE LEAGUE, at its sole discretion, which assignment shall take into consideration the age of the youth and the youth's individual skill level. 2.7. WAPPINGER LITTLE LEAGUE shall provide all coaches, instructors, and umpiring personnel necessary to provide management, supervision, instruction, and safety in the above -referenced leagues, as well as provide the TOWN's youth with a team experience in a formal organized program. It shall be the responsibility of the WAPPINGER LITTLE LEAGUE to perform background checks of all coaches and instructors in accordance with the Rules of LL International WAPPINGER LITTLE LEAGUE shall provide proof of background checks conducted to the TOWN. 2.8 The WAPPINGER LITTLE LEAGUE shall provide such administrative personnel as necessary to manage a smooth and efficient operation of the program and the above- mentioned Leagues, together with necessary coordination of such programs -and use of TOWN fields in consultation with the Town of Wappinger Recreation Director, and the Supervisor of Buildings and Grounds. 3. Revocable License to Use Town Snorts Field Facilities. 3.1. The TOWN shall provide sports field facilities for use by WAPPINGER LITTLE LEAGUE under the terms of this Agreement. 3.2 The TOWN grants a revocable permit to WAPPINGER LITTLE LEAGUE to use the Robinson Lane Recreation Facility, and such other fields as authorized by the TOWN in accordance with the Field Use Procedure as adopted by the Town Board. -3- 3.3. The following fields at the Robinson Lane Complex shall be reserved for the programs of the WAPPINGER LITTLE LEAGUE during the agreed upon times of operation: F3, F2 Inst, Ins2, RI, R2,R3, SLI, TI, T2, and Challenger (hereinafter "RESERVED FIELDS"). The WAPPINGER LITTLE LEAGUE shall be permitted to use other fields at the Robinson Lane Complex as needed with the approval of the TOWN. 3.4. To the extent practicable, the TOWN shall give WAPPINGER LITTLE LEAGUE priority in scheduling the use of the fields. The Wappinger Recreation Director may consult with the Supervisor of Buildings and Grounds of the Town of Wappinger in approving the use of the fields or other facilities authorized herein. The TOWN reserves the right to permit third parties to use the RESERVED FIELDS at such times that do not interfere with the schedule of WAPPINGER LITTLE LEAGUE. 3.5. The Recreation Director will notify WAPPINGER LITTLE LEAGUE in the event there is any request to use any of the park facilities that may conflict with the approved schedule of uses by WAPPINGER LITTLE LEAGUE. To the extent practicable, the TOWN shall not grant approval to outside users so as to insure there will be no conflicts with the WAPPINGER LITTLE LEAGUE's use of the fields. Both Parties agree to cooperate to maximize use of the facilities with other users, with a preference given to WAPPINGER LITTLE LEAGUE whenever possible or practical. 3.6. The use of authorized baseball fields and related facilities shall include backstops, fencing, dugouts, restrooms, common areas, and food stands all as they presently exist and as they may be maintained from time -to -time hereafter. 3.7. In order to avoid any uncertainty about unauthorized users of the fields, the Warriors and the Voo Doo Dolls are authorized users of the fields. -4- 4. Town Maintenance of Facility. 4.1. The TOWN shall be responsible for the maintenance and repair of the fields and such custodial services as may be deemed necessary by the Supervisor of Buildings and Grounds, except as hereinafter set forth. 4.2. The TOWN will clean and supply the restrooms, including the Challenger restrooms, twice a week during normal working hours throughout the play season, on days agreed upon by the Supervisor of Buildings & Grounds and President of the WAPPINGER LITTLE LEAGUE. The TOWN will also provide either: (1) an outside contractor or (2) employees from the TOWN's Building and Grounds Department to clean and supply the restrooms on weekends during the play season as needed. Such cleaning shall include sweeping the floor, picking debris, cleaning sinks, toilets, and partition walls, mopping the floor, checking and resupplying toilet paper, paper towels and hand soap as needed, and emptying the garbage. 4.3. Weather and field conditions permitting, the TOWN will provide weekly mowing of the outfields and common areas on a day to be agreed upon by the Supervisor of Buildings & Grounds and WAPPINGER LITTLE LEAGUE President. The TOWN will also provide string trimming of the fences, buildings, and bleachers on a bi-weekly basis. The TOWN will attend to clean up of storm debris including fallen trees or branches as soon as possible following the storm. 4.4. The TOWN shall maintain and keep in structurally and/or mechanically good order the dugouts, backstops, fences, signs, plumbing, and electrical services to the parks. 4.5. The WAPPINGER LITTLE LEAGUE shall promptly notify, in writing, the Supervisor of Buildings and Grounds of any dangerous conditions on any of the facilities licensed -5- hereunder or any needed repairs to the baseball fields or other facilities. The Supervisor of Buildings and Grounds will provide an emergency phone number at which he or another designated individual can be reached in the event emergency repairs are required. 4.7. Upon request by WAPPINGER LITTLE LEAGUE, the TOWN, through the Department of Buildings and Grounds, shall trim or remove any trees or ornamental shrubbery that interferes with game playing on any of the fields. 4.8. The TOWN will supply twenty-four (24) tons of clay and one (1) pallet of lime marking chalk for the ball fields at the beginning of the season when field conditions permit. 4.9. The TOWN hereby grants WAPPINGER LITTLE LEAGUE a permit to use, in common with TOWN employees, the lawn mower owned by the TOWN and located at Robinson Lane Recreation Facility, for the preparation and maintenance of infield grass on each of the ball fields. 4.10. The TOWN shall keep the well on the property in working order to provide a potable water supply at Robinson Lane Recreation Facility. The TOWN will pay the cost of the mandatory and routine testing of this public water source performed by CAMO Pollution. 4.11. The TOWN shall pay for the cost of WI -FI at the Robinson Lane Recreation Facility. 5. Use of Concession Stand & Storage Buildings. 5.1. During the time that WAPPINGER LITTLE LEAGUE is using the baseball fields, the TOWN hereby grants a revocable permit to WAPPINGER LITTLE LEAGUE to use existing buildings at the Robinson Lane Recreation Facility for the sole purposes of storage of equipment and the operation of a food and drink concession. No other use of the buildings or the -6- grounds shall be permitted without the expressed consent of the Supervisor of Buildings and Grounds, after consultation with the Town Supervisor. 5.2. The WAPPINGER LITTLE LEAGUE will be responsible for the maintenance and cleanliness of the concession stand and all equipment in connection therewith, including all life safety equipment such as the AED and the fire suppression system, and further affirmatively agrees to operate the concession stand and equipment in accordance with the rules of the Dutchess County Health Department and any other regulatory agency having jurisdiction over the facility. 5.3. Any violations of any rule, law, regulation, ordinance, or statute by WAPPINGER LITTLE LEAGUE in the operation of the concession stand will be the sole responsibility of WAPPINGER LITTLE LEAGUE, and WAPPINGER LITTLE LEAGUE agrees to indemnify and hold harmless the TOWN for any such violations. WAPPINGER LITTLE LEAGUE will repair/correct any violation within 30 days or by the date mandated by the Dutchess County Health Department and any other regulatory agency having jurisdiction over the facility. 6. Use of Lights. 6.1. The parties acknowledge that lights for night games have been installed at the following fields at the Robinson Lane Recreation Facility: a. Holt Memorial Field b. Senior League Field 1 C. Melissa Bisaccia Memorial Field. 6.2. WAPPINGER LITTLE LEAGUE shall only be authorized to utilize the night lights three (3) nights per week, Monday through Friday only, at each of the fields, and at such other times as approved in writing by the Town Supervisor, after consultation with the Supervisor of Buildings and Grounds. These three weekly uses are for WAPPINGER LITTLE -7- LEAGUE and cannot be transferred or assigned to other organizations. Under no circumstances shall lights be permitted to operate beyond 11:00 p.m. 6.3. The TOWN shall maintain the night lights and keep them in proper working order and inspected as needed to ensure that the lights comply with International Little League Guidelines for night games. 6.4. WAPPINGER LITTLE LEAGUE acknowledges that the WAPPINGER LITTLE LEAGUE is responsible for shutting down the lights after its use. The TOWN is responsible of shutting down the lights after use by any third party using the facilities. 6.5. The TOWN shall pay for all utility charges for the sports fields and facilities. 7. WAPPINGER LITTLE LEAGUE Responsibilities. 7.1. Intentionally omitted. 7.2. WAPPINGER LITTLE LEAGUE shall be responsible for routine weekly cleaning of the dugouts, and for maintaining all infields on each of the RESERVED FIELDS, including turf maintenance, mowing, seeding, aeration, installation/raking and rolling of clay, application of fertilizer and application of drying agent for clay. 7.3. WAPPINGER LITTLE LEAGUE shall be responsible for spreading the clay and appropriately marking the ball fields with lines. 7.4. WAPPINGER LITTLE LEAGUE will be responsible for properly measuring all base line distances; pitcher mound distances and any other measurements on the RESERVED FIELDS pursuant to the guidelines and regulations set forth by the International Little League. -8- v N tG cfl U 12 L C 0 U J J It* N O N C 0 E V M Q 7.5. WAPPINGER LITTLE LEAGUE shall be responsible for procuring any additional clay over the twenty-four (24) tons to be supplied by the TOWN. 7.6. WAPPINGER LITTLE LEAGUE will supply all other needed equipment, including tractors, mowers, chalk liners, etc., necessary to maintain the RESERVED FIELDS in suitable condition, for play, in accordance with International Little League Rules except for that certain lawn mower (Brand/Model) supplied by the Town. 7.7. WAPPINGER LITTLE LEAGUE shall also supply fuel and other maintenance items for all lawn mowers used by it. 7.8. WAPPINGER LITTLE LEAGUE will pay for all improvements it deems necessary outside of the TOWN responsibilities as previously defined, subject to Town Board approval, in consultation with the Supervisor of Buildings and Grounds. 7.9. The Town Board, in consultation with the Supervisor of Buildings and Grounds, must approve all construction or installations requested to be undertaken by WAPPINGER LITTLE LEAGUE on any of the sports fields. WAPPINGER LITTLE LEAGUE shall promptly notify the TOWN of its intentions to construct or install any improvements, and WAPPINGER LITTLE LEAGUE agrees that it will not perform any such construction unless and until it receives written approval from the TOWN. The request for improvements must identify the type of improvements and any design plans, projected cost, and expenses. All such improvements shall be paid for by WAPPINGER LITTLE LEAGUE unless the TOWN expressly agrees otherwise. The parties agree that any permanent improvements or fixtures constructed by WAPPINGER LITTLE LEAGUE on the property are the property of the TOWN. 8. Ownership. This Agreement shall not create any ownership or other legal interest in WAPPINGER LITTLE LEAGUE regarding the TOWN's property, facilities, or -9- accommodations. Conversely, this Agreement shall not create any ownership or other legal interest in the TOWN regarding to the youth sports programs as offered by the WAPPINGER LITTLE LEAGUE or any advertisements, programming, equipment, or clientele of such. 10. Equipment. The WAPPINGER LITTLE LEAGUE shall provide all sporting equipment necessary for the implementation of Program to be provided herein, including, but not limited to, bases, balls, insurance, uniforms, league fees, players' equipment, pitching mound, and such other equipment to maintain the fields as required by the International Little League Rules. 11. Availability. The baseball/softball sports program herein provided shall be made available to all youth of the TOWN, inclusive of the Village of Wappingers Falls. The Program shall be provided starting in the month of March 2024 through the completion of the summer/fall program in November 2024, as approved by the Recreation Department. 12. Medical Insurance Coverage and Iniury Notification. 12.1. The WAPPINGER LITTLE LEAGUE shall provide all medical/injury insurance equal to or greater than the standard International Little League insurance coverage covering the medical expenses for any of the participants in the baseball/softball program. 12.2. WAPPINGER LITTLE LEAGUE shall notify the Recreation Director and the Town Supervisor in writing, via email or regular mail, within two (2) business days of any injury that occurs. Injury includes injuries to players, staff, parents, spectators, visitors, invitees, and guests. The injury shall be reported by any form approved and required by Little League International, or on a form approved by the Recreation Director. The Town shall be provided with a copy of any forms that the WAPPINGER LITTLE LEAGUE is required to file related to the injury to WAPPINGER LITTLE LEAGUE International, its insurance carrier, or any other entity. -10- 13. Liability Insurance. 13.1. WAPPINGER LITTLE LEAGUE shall indemnify and hold harmless the TOWN from all claims on account of injury, loss, or damage arising or alleged to arise out of or in connection with the occupancy or use of the Town of Wappinger Recreation Fields, including all expenses incurred by the TOWN in the defense, settlement, or satisfaction thereof, which includes the expenses of legal counsel. 13.2. In addition, WAPPINGER LITTLE LEAGUE shall obtain and maintain a comprehensive general liability policy from an insurance company with an A.M. Best's Rating of "A" or better which shall include liability coverage for bodily injury and death in an amount of no less than $1,000,000 per occurrence and for property damage in an amount of no less than $1,000,000. WAPPINGER LITTLE LEAGUE shall provide to the Wappinger Town Clerk, with a copy to the Wappinger Town Attorney, simultaneously with a copy of this Agreement as signed by WAPPINGER LITTLE LEAGUE, a certificate of insurance and declarations page from each policy, in form satisfactory to the Town Attorney, (i) evidencing the foregoing coverage; (ii) naming the Town of Wappinger as a certificate holder; and (iii) containing the following clause: "This insurance policy shall not be amended, nor shall it expire or be cancelled, unless written notice of same is delivered to the Town Clerk of the Town of Wappinger at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, by certified mail, return receipt requested, at least thirty (30) business days prior to such amendment, expiration or cancellation." 13.3. No approval is granted or implied unless and until all requirements as outlined above have been submitted to, received, and accepted by the TOWN. 14. Indemnification. -11- 14. 1. The WAPPINGER LITTLE LEAGUE shall save, indemnify, and hold harmless the TOWN and its agents, servants, and employees from and against all claims, damages, losses, and expenses, plus accrued interest, and all expenses incurred by the TOWN in the defense, settlement, or satisfaction thereof (including legal expenses), arising out of or resulting from any and all claims, damages, disease, death, or injury arising from this Agreement. 14.2. The WAPPINGER LITTLE LEAGUE shall save, indemnify, and hold harmless the TOWN and its agents, servants, and employees from and against all claims, damages, losses and expenses, plus accrued interest, and all expenses incurred by the TOWN in the defense, settlement, or satisfaction thereof (including legal expenses), in connection with the occupancy or use by the WAPPINGER LITTLE LEAGUE of the Town of Wappinger Recreation Fields including the loss or destruction of tangible personal property. 14.3. Notwithstanding the foregoing, the WAPPINGER LITTLE LEAGUE shall not responsible or assume any liability for any acts of negligence committed by or on behalf of the TOWN, its agents, servants, and employees. 15. Worker's Compensation. The WAPPINGER LITTLE LEAGUE shall provide Worker's Compensation coverage as required by General Municipal Law § 108. 16. Financial Disclosure. The WAPPINGER LITTLE LEAGUE will furnish to the Town Board a profit and loss statement for the WAPPINGER LITTLE LEAGUE and show distribution of funds from any non-profit tournaments run by WAPPINGER LITTLE LEAGUE at Robinson Lane Recreation Facility no later than January 31" of each year hereafter. 17. Fee for Administration of Program. 17.1. Subsequent to the signature of this Agreement, the TOWN shall make a one-time payment to WAPPINGER LITTLE LEAGUE of Ten Thousand Five Hundred -12- ($10,500.00) for the administration and oversight of the 2024 programs to be provided pursuant to this Agreement and as agreed upon in the 2024 TOWN budget. 17.2. WAPPINGER LITTLE LEAGUE shall be solely responsible for providing all additional financial support necessary to provide the Programs. 17.3. The TOWN will authorize the use of the Robinson Lane Recreation Facility by the WAPPINGER LITTLE LEAGUE for one additional tournament in the year 2024. All proceeds from the tournament will be paid to WAPPINGER LITTLE LEAGUE and will be used to financially subsidize the baseball program authorized by this Agreement. The TOWN shall not charge any fee for the use of the Robinson Lane Recreation Facility for this tournament, except, however, in the event the night lights are used, the TOWN shall be paid $250.00 per field for the use of such lights. 19. Termination of Agreement. 19.1. The TOWN reserves the right to periodically review the performance of WAPPINGER LITTLE LEAGUE to evaluate compliance with the terms of this Agreement. 19.2. Either parry may terminate the Agreement for breach of this Agreement upon thirty (30) days written notice to the breaching parry. If the breaching parry does not cure the breach prior to the date of termination, then the other parry may terminate the Agreement. If the breaching parry attempts to diligently cure the breach, to the extent such breach cannot be reasonably cured within thirty (30) days, the other parry may grant additional time to cure as it deems appropriate, but is under no obligation to do so. 19.3. This Agreement maybe terminated by either parry giving notice of its intent to terminate the Agreement on or before October 15th of any year, which termination shall be effective as of January 1st immediately following. - 13 - Commented [BL1 ]: Which one is correct? Commented [JF2R1]: 10,500 Commented [BBR1 ]: I edited this. 19.4. If WAPPINGER LITTLE LEAGUE shall dissolve, become insolvent, or otherwise be unable to fulfill the terms of this Agreement, or abandon the use of the fields and facilities, this Agreement shall terminate, and WAPPINGER LITTLE LEAGUE shall have no further rights hereunder. Discontinuation of use of all or part of the Premises for maintenance, repair, or rehabilitation purposes of the grounds shall not be deemed as an abandonment. If WAPPINGER LITTLE LEAGUE changes the character of its operation significantly from that of a non-profit corporation, then this Agreement shall terminate and WAPPINGER LITTLE LEAGUE shall have no further rights hereunder. 20. Non -Discrimination. The WAPPINGER LITTLE LEAGUE will not discriminate because of race, color, language, national origin, ancestry, or religion. WAPPINGER LITTLE LEAGUE will commit to being a safe and civil environment for all players coaches, staff, volunteers, umpires, and patrons, free from harassment, intimidation, or bullying. The program shall be open to all youths who have a permanent residence within the Town of Wappinger, including the Village of Wappingers Falls, who are between the ages of 4 and 20. 21. Independent Contractor. The parties hereby agree that WAPPINGER LITTLE LEAGUE is hereby deemed an "independent contractor' and shall not be considered an employee or agent of the Town of Wappinger. Nothing contained in this Agreement is intended to create a partnership or joint venture between WAPPINGER LITTLE LEAGUE and the TOWN, and no agent of WAPPINGER LITTLE LEAGUE shall be the agent of the TOWN. WAPPINGER LITTLE LEAGUE covenants that it will not take any action in the name of, or by holding itself out as the agent of, the TOWN. 22. Non -Assignment, This Agreement may not be delegated, assigned, sub -let, or transferred. -14- 23. Appointments. The Parties acknowledge that the following individuals have been duly appointed to the following positions for the purpose of implementing this agreement and the Terms and conditions hereunder: a. Town of Wappinger Supervisor- Joseph D. Cavaccini b. Town Board Liaison to the Recreation — Al Casella C. Wappinger Recreation Director — Jessica Fulton d. Supervisor of Buildings and Grounds — Steven Frazier e. President of Wappinger Little League — Jeff Tomlins f. Safety Director of Wappinger Little League — Tina Sassano g. Director of Field Maintenance, Wappinger Little League — Michael Kotash Each Party will promptly notify the other party if there is any change in the above identified persons. 24. Authorization. Each Party represents that it has duly obtained the authorization of its governing body to enter into this Agreement. The Town Supervisor or his duly designated Deputy Supervisor is hereby authorized to execute this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Wappinger at a regular meeting thereof held on the Day of , 2024. 25. Counterparts and Duplicate Originals. The parties hereby agree that this Agreement may be executed by facsimile or scanned signatures transmitted by electronic mail and/or in one or more counterparts, each of which when so executed and delivered shall be deemed an original, but all of which taken together shall constitute the same original. At least one duplicate original will be permanently filed in the Office of the Town Clerk of the Town of Wappinger. -15- v N tG cfl U L O U J J It* N O N E V M Q 26. Notices. All notices, communications, invoices, bills, and reports required under the Contract shall be personally delivered or mailed to the respective parties by certified mail, return receipt requested, to the addresses shown below, unless and until either party is otherwise notified in writing by the other party of a change in address. Mailed notices shall be deemed communicated as of five (5) days after mailing regular mail. If intended for TOWN, to: If intended for WAPPINGER LITTLE LEAGUE, to: 20 Middlebush Road PO Box 133 Wappingers Falls, New York 12590 Wappingers Falls, New York 12590 Attn: Jessica Fulton Attn: Jeff Tomlins 27. Integration. The parties agree that this Agreement, along with any attachments, constitutes the entire understanding between the parties and supersedes all prior negotiations, agreements, and understandings, whether oral or written. 28. Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this Agreement are for any reason held to be invalid, void, or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 29. Choice of Law and Venue. This Agreement shall be governed by the laws of the State of New York, and any action to enforce the terms of this Agreement shall take place in the Dutchess County Supreme Court. 30. Waivers. The failure by one party to require performance of any provision of this Agreement shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. -16- 31. Amendments. This Agreement may only be amended by a written document duly executed by both parties. 32. Headings. The headings and numbering of the different sections of this Agreement are inserted for convenience only and are not to control or affect the meaning, construction or effect of any provision. IN WITNESSETH THEREOF, the parties have set their hands and seal this day of 2024. TOWN OF WAPPINGER By: JOSEPH D. CAVACCINI, Supervisor TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. LIA JEFF TOMLINS, President -17- ADDENDUM TO SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. for "Wappingers Challenger League Service Agreement" THIS AGREEMENT made the day of 2024, by and between TOWN OF WAPPINGER A Municipal Subdivision, having its offices at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "TOWN" and THE TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. A Not -For -Profit Corporation, with its principal offices at PO BOX 133, Wappingers Falls, New York 12590, hereinafter referred to as the "WAPPINGER LITTLE LEAGUE". For The Wappingers Challenger League WITNESSETH: .WHEREAS the Wappingers Challenger League has administered an outstanding program ..-- Formatted: Font: Bold of baseball activities since 2005 through the hard work and drive of Bettina Briccetti, her family and countless volunteers in the program; and WHEREAS the baseball programs of the Wappingers Challenger League are provided at ..-- Formatted: Font: Bold Inspiration Field at the Robinson Lane Recreation Facilities owned by the Town of Wappingers and .WHEREAS the.motto.of the Wappingers Challenger League is "Everyone Can Play! Formatted. Font: Bold and the Town Board believes that it is important for the Town to assist with achieving that goal through providing the necessary improvements to Inspiration Field and financial assistance for the program, -1- W SJ E . ............... c• El It* N O N E V M Q 3.1. Subsequent to the signature of this Addendum by all parties, the TOWN O U L shall make a one-time payment to WAPPINGER LITTLE LEAGUE of Three Thousand Dollars .Q Q -2- et N O N Q O m m m m m ,WHEREAS the Town Board finds that it is m the best interests of the Town to provide -,---- Formatted: Font: Bold O.. all children with intellectual and physical disabilities an opportunity to play our national pastime, O O L NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions Q O contained herein, and other good and valuable consideration, the TOWN and the WAPPINGER LITTLE LEAGUE, on behalf of the Mt r Cha.11ener Lea,,() uhereby agree as follows: �.,r Deleted: w�PZNGExs CHALLENGER LEAGUE O 1. Addendum and Term. This addendum shall supplement the Agreement O U X ,pnfered between the Town of Wappinger and fie Towti of Wappinger Little League Associar.tJoti _�..-- Deleted: entered into O Inc. and the term of this Addendum shall commence immediately upon its execution and shall O expire upon December 31, 2024. This addendum shall govern the services provided by the O Challenger Division,;, and where there is a conflict between this addendum and the original Q agreement, this addendum shall control. p, M 2. Services Provided. r 4 N O 2.1. The WAPPINGER LITTLE LEAGUE shall provide qualified and N responsible management and supervision of a Little League Challenger program for youth between W the ages of4 and 29; residing within the Town of Wappinger and the Village of Wappingers Falls _�.--- commented W�l: Again, what are the ages Deleted:2 E , 2.2. Such softball and baseball programs shall comport with the rules and O regulations of the Little League Baseball, Inc. and its Little League Challenger Division as O Q applicable. O O 2.3. Assignment of participating youth to specific teams shall be made by J WAPPINGER LITTLE LEAGUE, at its sole discretion, 3. Fee for Administration of Prouram. 3.1. Subsequent to the signature of this Addendum by all parties, the TOWN O U L shall make a one-time payment to WAPPINGER LITTLE LEAGUE of Three Thousand Dollars .Q Q -2- et N O N Q ($3,000.00) for the administration and oversight of the Little League Challenger programs to be provided pursuant to this Agreement and as agreed upon in the 2024 TOWN budget. 3.2. WAPPINGER LITTLE LEAGUE shall be solely responsible for providing all additional financial support necessary to provide the Programs. 4. Non -Assignment. This Addendum may not be delegated, assigned, siib i�t,,,,_or transferred. 5. Authorization. Each Party, represents that it has duly obtained the authorization of its governing body to enter into this Agreement. The Town Supervisor or his duly designated Deputy Supervisor is hereby authorized to execute this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Wappinger at a regular meeting thereof held on the day of ........ 2024. 6. t`tl,�antt ial ;ts �iaci,,,,,;lll3�a glia a tt, tit kxx m ls„ ➢lie gar.rtle's Ilerel.) agree that thus Jnry be execided I 4ire'si rifle or searnned slotlaigres frarnzrrnfiei lry cleaf;ra)Jna, rri,ar;J.] r;Jid/)r itJ,,otle or tr!orc cogtif.crp rrtz,-� rcli ofi; Vn li w➢i;eti so exp ctited rrld delivered l -i all...be deetried � aJ i2tj rt. r;l, lroit all :... )i v Vncl?;,f rkctJ fr cfli r zli; -all a)JJ zf;Jfoufc f➢t ,,,;z rJn a r,J„ nJ rl ;;f;;,least on; fou alit car:f:e E ori i rl will b perm 9J1 a1tly i4led in fl -le (Yice Omate FOwti Clerk o tale ➢'aywn a)i"Wajj) tiger , ��.--- Deleted: Duplicate Originals. This instrument sha � executed in four (4) counterparts with at least one dupl original permanently filed in the Office of the Town C IN WITNESSETH THEREOF, the parties have set their hands and seal this day of the Town of wappinger. ----------------------------------------------------------------------------- 2024. Q TOWN OF WAPPINGER J By: — Formatted. Underline JOSEPH D. CAVACCINI, Supervisor TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. U Formatted: Underline By: TOMLINS, President fr Deleted: 0)JEFF Q -3- et 1%N re E U Q Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-138 Meeting: 06/10/24 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6197 Resolution Appointing Professionals From Request For Qualifications For Mid Point Park Sewer Distric WHEREAS, by Resolution -2024-123 adopted by the Town Board on May 13, 2024, the Town Board authorized the issuance of $10,116,000 Bonds to pay the cost of capital improvements of the Mid Point Park Sewer District, consisting of WWTP replacement and collection system improvements to the Mid Point Park Sewer Collection System, and WHEREAS, requests for qualifications were prepared by Lawrence Paggi, P.E., Engineer to the Town, for consulting services required for the improvements to the Mid Point Park Sewer Collection System, and WHEREAS, requests for qualifications were duly solicited for professional consulting services for construction, obtaining funding, design, etc. to be done and four bids were received bythe Town Clerk on May 30, 2024, and WHEREAS, Lawrence Paggi, P.E., Engineer to the Town, have determined that a bid they received from Laberge Group is reasonable and, based on past experiences with this company, recommends that Laberge Group should be awarded the bid to preform work as necessary, and NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Wappinger hereby awards the request for qualifications for the improvements to the Mid Point Park Sewer Collection System to Laberge Group and appoints them to work in a professional consulting capacity. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 6/6/2024 6:23 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 TABLED RESOLUTION 2024-139 Meeting: 06/10/24 07:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6198 Resolution Authorizing The Execution Of The Agreement For Operation Of Carnival, Rides, Concessions And Amusements For Town Of Wappinger Fall Festival WHEREAS, the Town of Wappinger Recreation Department sponsors the Town of Wappinger Carni "fall"; and WHEREAS, the Town of Wappinger Carni "fall" consists of a carnival which includes rides, games and concessions; and WHEREAS, McDaniel Brothers, Inc. t/a McDaniel Brothers Shows has shown as the vendor for this event in the previous two years that they are qualified with the necessary skills and experiences to perform quality work as required by the Town; and WHEREAS, the Town Board, in consultation with the Director of Recreation, finds that it is in the best interests of the Town to enter into an Agreement with McDaniel Brothers, Inc. t/a McDaniel Brothers Shows to provide for the operation of carnival rides, games and concessions; and WHEREAS, the Attorney to the Town, in consultation with the Director of Recreation, has negotiated the terms of a proposed Agreement, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board Members acknowledge they have reviewed the terms and conditions of the proposed Agreement and find the terms contained therein reasonable and acceptable. 2. The Town Board hereby authorizes the Town Supervisor to execute said Agreement with McDaniel Brothers, Inc. t/a McDaniel Brothers Shows in accordance with the terms and conditions contained therein, to provide carnival rides, games and concessions in accordance with the Agreement. 3. Supervisor Joseph D. Cavaccini is hereby authorized and directed to execute the Agreement between the Town of Wappinger and McDaniel Brothers, Inc. t/a McDaniel Brothers Shows in substantially the same form as attached hereto. RESULT: TABLED [UNANIMOUS] Next: 6/24/2024 7:00 PM MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 6/6/2024 3:27 PM by Joseph P. Paoloni Page 1 ADENDUM TO AGREEMENT FOR OPERATION OF RIDES FOR TOWN OF WAPPINGER FALL FESTIVAL THIS AGREEMENT, made the day of , 2024 by and between Town of Wappinger a municipal subdivision with its office located at Town Hall, 20 Middlebush Road, Wappinger Falls, New York, 12590 (hereinafter referred to as the "TOWN") and McDANIEL BROTHERS, INC. trading as McDANIEL BROTHERS SHOWS, a New Jersey Corporation (hereinafter referred to as "McDaniel") having a principal place of business at P.O. Box 293, Lodi, New Jersey, 07644, WITNESSETH: The purpose of this Agreement is to provide for operation of carnival rides during the 2024 Town of Wappinger Fall Festival ("Fall Festival"). The provisions of this Addendum supersede any inconsistent provisions in the McDaniel form of contract. I. Payment A. The Town will operate the ticket booths which will be provided by McDaniel and retain 25% of the gross receipts from all ride revenues, and the balance to be paid to McDaniel at the end of each business day. B. The Town grants to McDaniel the exclusive right to sell cotton candy, sno-cones, popcorn, jelly apples, soft serve ice cream, funnel cakes, fried oreos, fried pickles, and lemonade. The Town grants to McDaniel the exclusive right to operate all games of skill. Any revenue from sales of food and other items and games of skill received by McDaniel are free from any rental or commission to the Town. C. The Town reserves the right to allow vendors or groups to sell any food/beverage item not specifically assigned to McDaniel. All revenues from these sales are retained by the vendors and any fees collected by the Town are to be retained by the Town. D. The Town reserves the right to let space to the sellers of crafts and other items. All revenues from these sales are retained by the vendors and any fees collected by the Town are to be retained by the Town. E. The Town shall pay all such taxes for the ride revenues that may be due such as, but not limited to, state income tax, state excise tax, and sales tax. F. The Town shall not be responsible for any taxes that may be due as a result of its payment to McDaniel or for any revenues collected by McDaniel. II. McDaniel's Obligations A. McDaniel has the exclusive right to provide, and shall provide, the following rides: 1. 8-10 amusement rides 2. 1 air conditioned ticket booth with tickets. B. The rides shall be in operation during the following hours: October 11, 2024 from 6-10 pm, October 12, 2024 from 3pm-10pm, October 13, 2024 from 3pm-10pm and October 14, 2024 from 3pm-7pm. The hours of ride operation are subject to change based on attendance, weather or other factors with the mutual agreement of both parties. C. McDaniel agrees to provide electrical current to power rides and other supplied units. All wires shall be placed in a manner that provides for safe public movement. D. McDaniel shall maintain the ride areas, the area for games and its concession areas free of all garbage and debris. All garbage and debris is to be bagged and deposited in designated collection area. E. All McDaniel employees shall wear distinctive uniforms and some form of identification. F. All McDaniel employees will refrain from smoking within the event space. G. McDaniel certifies that it maintains all permits and licenses necessary for the operation of its rides, games and food units. H. All McDaniel employees handling foods shall have the necessary food handling permits required by Dutchess County or New York State and abide by all applicable health codes. I. McDaniel shall be responsible for the removal of any hazardous products generated by its operations and will comply with all laws, rules and regulations concerning the disposal of hazardous waste; J. McDaniel shall restore any disturbances to the grounds caused by the installation, set-up, running, break -down or removal of equipment, including any holes, trenches, divots, tire ruts, etc. K. McDaniel agrees that Town shall not be liable for, and it agrees to indemnify, defend and hold the Town harmless from and against any and all claims and liability for loss or damage to property or any injury to or death of any and all persons that may be occasioned by any cause whatsoever pertaining to the above -referenced event, including, without limiting the generality of the foregoing, claims resulting from the operations of McDaniel, and all claims arising from all causes of action and reasonable attorneys' fees and any other expenses incurred in defending any suits or actions which may arise as a result of any of the foregoing, provided that any such claims, causes of action, judgments, losses, damages, liabilities or expenses of the Town are not incurred or do not result from the intentional or willful wrongdoing of the Town. L. This agreement shall be in full force and effect until the Fall Festival is complete. This agreement shall survive, however, to the extent of any claim or cause of action accruing prior to such date and until the expiration of any applicable statute of limitations. III. Insurance Required A. On or before September 25, 2024, MCDANIEL must obtain at its sole cost and expense, insurance of the following types and minimum amounts to cover the event: 1. Commercial Liability Insurance coverage in the amount of $1,000,000 per occurrence and 2,000,000 aggregate; 2. Comprehensive Automobile Liability insurance coverage in the amount of $1,000,000 per occurrence; 3. Intentionally omitted; 4. Worker's Compensation and Disability Insurance in accordance with New York State Law requirements; and 5. Intentionally omitted. B. All insurance policies are subject to the following conditions: 1. The Town of Wappinger must be listed as additional named insured on a primary, non-contributory basis; and 2. Insurance is to be provided by Carrier licensed to do business in the State of New York with a rating no less than "A" as rated by A.M. Best Co.; and 3. All liability insurance must be written on an occurrence basis. 4. The general aggregate shall apply on a per event basis. 5. All insurance policies shall include a clause to the effect that the policy shall not be canceled or changed unless thirty (30) days prior written notice has been provided to the TOWN and provided further that the notice must be evidenced by receipt of registered letter. C. The commercial liability policy shall include the following coverages: 1. Blanket Contractual; 2. Broad Form Property Damage; and 3. Fire Legal Liability; D. Intentionally omitted. E. McDaniel shall provide to the Town an original Certificate of Insurance on or before September 25, 2024. IV. Town's Obligations A. The Town will provide all permits, licenses or clearances required by the town and county to hold the event. Any individual licenses required by McDaniel employees are the responsibility of McDaniel. B. The Town will provide Ticket sellers for all rides. C. The Town will provide adequate security and protection. V. Mutual Agreement A. No other rides similar to or competitive with those provided by McDaniel shall be allowed on the grounds. B. In the event of any equipment or electrical power failure, McDaniel will not be held responsible for any lost or anticipated revenue. C. There will be no financial adjustments contingent on weather. D. Either party upon giving 180 days written notice to the other may terminate this contract without cause provided said notice is sent by registered Mail, Return Receipt Required, to the other at the address indicated herein, except as otherwise provided, the agreement is irrevocable. E. This instrument sets forth the entire contract between the parties, is not assignable without prior written approval of both parties and is binding upon and endures to the benefit of the parties hereto and their respective Executors, Administrators, Successors, and Assignees, and may be cancelled, modified or amended only by written instrument executed by both parties. F. Any mishap that may occur during the hours of operation of the event must be reported to the show office immediately or will be considered null and void. G. In the event of unforeseen occurrence which McDaniel has no control over, for example: trucking accidents, delays, strikes, fire, floods, cyclones, it will not be held for damages to the Town. H. The laws of the State of New York shall govern this Agreement and the parties stipulate that any lawsuit regarding this Agreement must be brought in Dutchess County, New York. VI. Independent Contractor A. McDaniel agrees that it will perform services under this Agreement as an independent contractor and not as an agent, employee or servant of the Town. The parties agree that McDaniel and its employees are not entitled to any benefits or rights enjoyed by employees of the Town. The Town specifically has the right to direct and control McDaniel's activities in providing services in accordance with the terms of this Agreement. The Town shall only have the right to ensure performance. MCDANIEL agrees that neither it nor its employees, agents, subcontractors or sub -licensees shall in any manner represent itself or permit itself to be represented to the public as an agent of the Town. VII. Attorney's Fees. A. The losing party agrees to pay reasonable attorney fees and costs to the prevailing party in the event it is necessary to commence any legal action, suit or proceeding against the other party by reason of any breach of this Agreement. VIII. Notices. All correspondence and/or notices concerning this Agreement shall be sent to: Town of Wappinger Recreation Department Town Hall 20 Middlebush Road Wappinger Falls, New York 12590 Attention: Jessica Fulton, Recreation Director with a copy to: Michael T. Liguori Hogan, Rossi & Liguori Attorneys at Law 3 Starr Ridge Road Brewster, New York 10509 and: McDANIEL BROTHERS, INC. trading as McDANIEL BROTHERS SHOWS, P.O. Box 293, Lodi, New Jersey, 07644 IN WITNESS WHEREOF, the parties have hereunto set their names Town of Wappinger Joseph D. Cavaccini, Supervisor McDANIEL BROTHERS, INC. t/a McDANIEL BROTHERS SHOWS Manfred McDaniel, President zo P. 0. BOX 293 LODI, NJ 07644 RICHARD, FRED, ROBERT AGREEMENT THIS AGREEMENT, made this day of 2024, between McDANIEL BROTHERS, INC. trading as McDANIEL BROTHERS SHOWS, a New Jersey Corporation (hereinafter referred to as "McDaniel") having a principal place of business at P.O. Box 293, Lodi, New Jersey, 07644, and The Town of Wappinger, a municipal corporation (hereinafter referred to as "Town") located at 20 Middlebush Rd Wappingers Falls NY 12590, WHEREAS, McDaniel Brothers Shows is in the business of providing amusements, concessions, and rides to individuals or organizations for purposes of fund raising or profit; and WHEREAS, Town desires to contract with McDaniel to furnish and provide amusements, concessions, and rides for a carnival or fair; and WHEREAS, Town desires to conduct a carnival or fair at the location described as Wappingers Jr. High School, 30 Major Macdonald Way, Wappingers Falls, NY 12590. Should Wappingers Junior High become unavailable for some reason, the carnival would move back to its prior location Schlathaus Park, 126 All Angels Hill Rd,Wappingers Falls (hereinafter referred to as "fairgrounds"), NOW THEREFORE, in consideration of the mutual covenants and terms contained herein, the parties agree as follows: 1. McDaniel shall provide a total of Unit B rides, as well as tickets and ticket offices. All revenues from rides shall be collected by McDaniel and shall be divided 75% percent to McDaniel and 25% percent to Town. The settlement with respect to revenues shall be made at the close of each business day during the term of the carnival or fair, in cash or certified check. 2. McDaniel shall also be permitted to provide and operate the following concessions and activities and all revenues from such concessions and activities shall belong to McDaniel: Popcorn, Cotton Candy, Jelly Apples, Sno Cones Juice/Soda Com. Soft Serve Ice Cream Complete Funnel Cakes, Fried Oreos, Fried Pickles, Soda, lemonade Food Stand 3. Town retains the right to conduct concessions and activities which are not similar to those of McDaniel as described above. These concessions and activities shall be conducted in a location within the fairgrounds, as determined by the mutual agreement of a designated member of Town and McDaniel. Town shall be entitled to retain any and all revenues derived from said concessions and activities. 4. In the event McDaniel contracts or books any third party or outside vendors, it is agreed by the parties that Town shall receive $0 per vendor. Third party or outside vendors must supply proof of liability insurance to McDaniel or pay McDaniel for coverage under McDaniel's insurance policy during the term of the event. 5. The amusements, concessions and rides shall be furnished by McDaniel upon the fairgrounds for the following period: Dates: Oct 11-14 2024 Hours: By agreement of the parties. McDaniel shall close operations when it determines, in its sole discretion, that weather conditions may cause equipment to be a danger to the public or if proper security is not visibly present or crowd control is no longer possible. 6. Town shall obtain and furnish McDaniel with a suitable location, (referred to herein as the "fairgrounds") for the operation of the carnival or fair. The fairgrounds should be cleared of brush, refuse and all other objectionable matter and be in such condition that the complete carnival or fair may be conveniently set up so that the show may be exhibited without discomfort or hazards to itself or the general public. The fairgrounds must be made available to McDaniel at least two (2) days prior to opening. 7. Town shall also be responsible for the following: a. Providing all necessary municipal permits and licenses that may be required by law to operate. b. Providing all newspaper, radio, and hand -bill advertising. McDaniel will give Town at no additional charge 100 advertising posters to be distributed by Town. C. Providing a fresh water faucet, toilet facilities, ticket sellers, police protection during the running of the show, and police or guard service for the equipment from time of show set up to final departure. d. Providing refuse removal and cleaning and restoring of fairgrounds to original order after the departure of McDaniel, except Q that McDaniel shall be responsible to restore any disturbances to the grounds caused by the installation, set-up, running, break -down o Packet Pg. 90 removal of equipment, including any holes, trenches, divots, tire ruts, etc. e. Providing hook-ups for water. 8. Town agrees not to book or contract any attractions similar to McDaniel. Town shall also use its best efforts to discourage any other organization from seeking to run a carnival or fair within the same period of time as the dates contracted for herein. 9. During the term of the carnival or fair herein described and any additional period required for the set up or removal of the amusements, concessions, and/or rides of McDaniel, McDaniel shall protect, indemnify, and hold harmless Town for any and all loss, damage, or liability incurred by any action, conduct, or neglect on the part of McDaniel or any of McDaniel's agents, employees, or licensees. McDaniel will also at all times at its own cost protect both McDaniel and Town with public liability insurance with a reputable insurance company in the amount of one million dollars, insuring against bodily injury and property damage liability. McDaniel shall furnish Town with a Certificate of Insurance showing such insurance to be paid and in force for the period defined herein. (See attached Addendum for Insurance Coverage Requirements.) 10. McDaniel shall in no way be liable for any damages or expenses caused by any failure or delay in the presenting of its attraction, rides, or concessions as herein described, if caused by war, riots, strikes, governmental regulations, labor difficulties, transportation difficulties, adverse weather conditions, or any accident or circumstances over which McDaniel has no control. 11. This Agreement shall become void if not signed and returned to McDaniel within thirty (30) days of proposal to Town. Failure to return the Agreement may result in forfeiture of the play dates specified. 12. Any notice required by this Agreement may be delivered to a party personally or mailed to it by certified mail, return receipt requested, at the address contained in this Agreement. 13. The parties may modify the terms of this Agreement at any time by mutual consent, provided it is in writing and executed with the same formality of this writing. Failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14. This Agreement and all rights of the parties thereunder shall be governed by the laws of the State of New York. Each of the parties hereby expressly submit and consent in advance to the jurisdiction of the Courts of the State of New York with regard to any claim or dispute pertaining to the Agreement or any matter arising therefrom. 15. The provisions of this Agreement are severable and if any provision, section, clause or phrase shall for any reason be held invalid, the validity of the remaining provisions, sections, clauses or phrases, shall not be affected, but shall remain in effect. 16. The parties hereto have read this Agreement before signing same and hereby agree that no statement, remark, agreement or understand, oral or written, not contained herein will be recognized or enforced. 17. Town acknowledges that this Agreement is a legal document; that it has the right to and the opportunity for independent legal advice with regard to this Agreement; and that it fully understands its obligation under this Agreement. 18. This Agreement is not assignable and shall be binding upon the parties their heirs, successors, and assigns. 19. It is expressly agreed that the Town shall have no right or authority at any time to make any contract or other binding Agreement of any nature on behalf of McDaniel, whether oral or written; to extend credit on behalf of McDaniel; to incur any debt or otherwise obligate McDaniel, for the payment of any obligation; or to employ, hire, or retain any person, firm, corporation or entity, on behalf of McDaniel, without the express written consent of McDaniel. 20. The member of Town executing this Agreement it does so with the full authority to bind Town to its provisions. 21. Additional Specifications: See attached Addendum. IN WITNESS WHEREOF, the parties hereto, signed and sealed this Agreement the day and year first above written. McDANIEL BROTHERS, INC, t/a McDANIEL BROTHERS SHOWS by: Joseph Cavaccini , Supervsior,Town Manfred McDaniel, President Of Wappinger Town of Wappinger Meeting: 06/10/24 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Correspondence Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2024-141 Doc ID: 6196 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence ondenc L - 2 24-0640 Number To From Date Date Rec" I Re: Agenda DatB 05-10-001 Tow Board Heather L. Kitchen 51112924 51912024 Justice Monthly Re ort, May 2924 611012924 96--19-092 Tow Board hlicolas C. Meselh 51112924 51912024 Justice Monthly Report May 2924 Ell 01202d 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: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 6/6/2024 3:08 PM by Joseph P. Paoloni Page 1 LIE It - et It - 4 4 N O N U) W w O r to O It* N O N 0 0 E v m Q 0 It It 0 0 0 N N N N N N O O ® N N T'o, LL , 7, co C ® 22 U U CN O O (N N Im ®04 d d CN N N � r r V �a W O LL 0 — U) L Y � ® J U ♦♦ ~ M V C6 47 0 0 = Z 0"L7 0 000 O O L .0 0 O E O O Z r r (6 C6 10101 LIE It - et It - 4 4 N O N U) W w O r to O It* N O N 0 0 E v m Q TOWN JUSTICE HEATHER L. KITCHEN June 3, 2024 TOWN OF WAPPINGER ZOX4 Z)6 - /0 - (Do �r.► JUSTICE COURT 20 MIDDLEBUSH RD WAPPINGERS, NY 12590-0324 (845')297-6070 FAX: (845) 297-0145 Supervisor Cavaccini and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 Re: Heather L. K.itchon., Town Justice Monthly Report, May 2024 Dear Supervisor Cavaccini and Metnbers of the Town Board; The following is a report- of the, cases disposed of during the month of May 2024; T®%'t'N JUSTICE NICHOLAS C. MASELLI ec ,\\j ed �uN ° � 10 Cw\r 3 Penal Law matters resulting in $125.00 collected in ftn.es and fees. 27.0 Vehicle and Traffic Law matters .resulting in $28,079.00 collected in Vines and fees. 4 Civil matters resulting in $45.00 collected in fees. 12 Termination of Suspension matters resulting in $1,190.00 collected in fees. 1 Transportation Law matter resulting in $500.00 collected in fines, I have forwarded a check- in the araoinit of $29,939.00 to the Town of Wappin.ger Comptroller. In addition, I am holding $2,693.00 in pending bail. Town Justice cc: Joseph Paoloni, Town Cleric TOWN JUSTICE HEATHER L. ]KITCHEN June 3, 2024 JUSTICE COURT 20 MIDDLEBUSH RD WAPPINGERS, NY 12590.0324 (845)297-6070 FAX; (845) 297-0145 Supervisor Cavaccini and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 Re: Nicholas C. Maselli, Town Justice Monthly Report, May 2024 Dear Supervisor Cavaccini and Members of the Town Board; TOWN JUSTICE NICHOLAS C. MASELLI e,ceW e -ToW �O°tqn C,� The following is a report of the cases disposed of during the month of May 2024; 12 Penal Law matters resulting in $175.00 collected infines and fees. 217 Vehicle and Traffic Law matters resulting in $22,142.00 collected in fines and fees. 12 Civil matters resulting in $165.00 collected in fees. 10 Termination of Suspension matters resulting in $840.00 collected in fees. I have forwarded a check in the amount of $23,322.00 to the Town of Wappinger Comptroller. In addition, I am holding $25,115.00 in pending bail. 1/tza submitt d, Nicholas C. Maselli Town. Justice cc: Joseph Paoloni, Town Clerk 6 0 J 4) V 0 m 0 0 Q 0 m L L 0 U �t 4 N 0 N U) W W 0 cfl 0 N O N 0 m E U M Q Departments Category Clerks Applications entered Applications into permits CO or CC issued Legalization charged @ $250. CO Search received CO Search closed Complaints Received FOILS Building escrow received Violations sent out Expired Permit Letters sent Operational/Assembly reminders Filing days Plot plans received Research for residents Appointments made Misc. Payments Return Mail sorted Letters mailed emails Phone calls Window: people helped Back Flow Preventor Building Inspectors Inspections Building Permits Issued Building permits amended Building Permit voided Certificate of occupancy Expired permits re -opened Expired permits closed Legalizations charged $250 Complaints received Complaints closed Order to Remedy sent out Stop Work Order issued Stop Work Order lifted w/fine Tickets issued CO Search FOILS Meetings with Residents Meeting with Town Prof Meetings with contractors Plan Review Renewal/ Expired Permit letters Posted Uninhabitable Apr -24 128 43 20 12 e 15 17 ,o� �C 48 pp0 ®\,N C® CwV, 1 �® 1 4 42 2 67 41 12 4 67 1014 893 238 13 84 Susan was out for 2 wei 69 4 2 28 2 1 3 9 9 1 1 17 1 5 3 7 19 3 Assessor's office research emails letters sent online training Window: help Calls Fire Inspector 1203 Inspections Cert. of Occup - Insp for CO Inspections Blasting After hour call outs Misc. Permits Operational Permits Assembly Permits Permit Notification Research CO Search Meeting with residents Safety Inspection Violation Ticket FPB Meeting Calls Planning and ZBA Site Plan submissions Subdivision Submissions Special Use Submissions Conceptual Submissions Architectural Submissions Area Variance application Use Varinace application ZBA - Interpretation Projects signed and closed Escrow received Escrow returned FOILS vouchers PB Meeting ZBA-Meeting PB - minutes ZBA- minutes ZBA -Decisions Research Window! residents Calls 11 58 2 6 15 275 12 18 13 1 2 2 1 3 1 1 1 1 48 1 1 1 1. 0J 1 6 1 5 2 2 2 2 6 21 Dep.Zoning Administrator Director/ Planning/Codes Emails Letters Permits signed Applications reviewed Applications denied Complaints received Complaints closed OTR's sent Stop Work Orders SWO lifted w/ fine Tickets Research in Assessors Meetings with Professionals Meetings with residents Meetings - Scheduled Meetings with contractors FOILS Misc. reports Site Visits Expired Permits (Worked on) Emails, Calls & Window Varaince/permit research Vehicle washed Applications reviewed Applications denied Complaints received Complaints closed OTR's sent Stop Work Orders SWO lifted w/ fine Tickets Research in Assessors Meetings with Professionals Meetings with residents Meetings - Scheduled Meetings with contractors FOILS Misc. reports Out/sick 30 w/js 25 53 38 11 2 3 1 9 26 64 6 1 298 60 2 3 site Visits Expired Permits (Worked on) Payroll Return of Escrow Vouchers Emails, Calls & Window 74 Varaince/permit research Payroll 4 Zoom 2 In-house meetings 1 Phone calls with staff daily Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-140 Meeting: 06/10/24 07:00 PM Department: Town Clerk Category: Personnel Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6199 Resolution Accepting Resignation Of Town Of Wappinger Employee WHEREAS, Donna Lenhart has served the Town of Wappinger honorably in the Parks & Recreation Department in variety of capacities for over 13 years, and WHEREAS, Donna Lenhart has submitted her resignation and notice of retirement as Assistant to the Senior Center Director effective June 27, 2024, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board acknowledges and regretfully accepts the resignation and notice of retirement of Donna Lenhart as the Assistant to the Senior Center Director. 3. The Town Board acknowledges that Donna Lenhart has served the Parks & Recreation Department and the former Recreation Committee with great distinction and dedication and wishes her manyyears of happiness in retirement and commends her for her devoted years of service. On behalf of the Town Board, Town Supervisor Joseph D. Cavaccini shall send a letter formally acknowledging Donna Lenhart's resignation and notice of retirement and her manyyears of distinguished service to the Town. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Joseph D. Cavaccini, Christopher Phillips AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 6/6/2024 3:41 PM by Joseph P. Paoloni Page 1 2122 New Hackensack Road Poughkeepsie, NY 12603 May 24, 2024 Wappinger Town Board Jessica Fulton, Parks and Recreation Director Wappinger Town Hall 20 Middlebush Road Wappingers Falls, NY 12590 To all, This is to advise you that, after 13f years as an employee with the Town of Wappinger, i will be retiring effective June 28, 2024. My career with the Town of Wappinger began on March 22, 2011 as a part-time employee in the Recreation Department, working Monday, Wednesday and Friday. I became full-time on June 27, 2011. I have loved my work here, helping to provide recreational opportunities for Wappinger residents. Most recently, my time in the Senior Center has been greatly rewarding and many of the members have become very special to me. I'm glad I was able to get to know them. Sincerely, Donna Lenhart Recreation Assistant Town of Wappinger Meeting: 06/10/24 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Bonding Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini RESOLUTION 2024-142 Doc ID: 6200 The Increase and Improvement of Facilities of Mid -Point Park Sewer District in the Town of Wappinger, Dutchess County, New York In the Matter of The Increase and Improvement PUBLIC INTEREST ORDER of Facilities of Mid -Point Park Sewer District in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York, consisting of the construction of a new wastewater treatment plant at the existing plant site, located at 63 Martin Drive, in Wappinger Falls, New York, together with improvements to the sewer collection system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith as applicable, at a maximum estimated cost of $10,116,000; and WHEREAS, at a meeting of said Town Board duly called and held on May 13, 2024, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Mid -Point Park Sewer District in said Town at a maximum estimated cost of $10,116,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Wappinger Falls, New York, in said Town, on June 10, 2024, at 7:00 o'clock P.M., Prevailing Time; and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York, consisting of the construction of a new wastewater treatment plant at the existing plant site, located at 63 Martin Drive, in Wappinger Falls, New York, together with improvements to the sewer collection system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith as applicable, at a maximum estimated cost of $10,116,000. Section 2. This Order shall take effect immediately. Updated: 6/10/2024 3:24 PM by Joseph P. Paoloni Page 1 Resolution 2024-142 Meeting of June 10, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph D. Cavaccini, Christopher Phillips SECONDER: Al Casella, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 6/10/2024 3:24 PM by Joseph P. Paoloni Page 2 Town of Wappinger Meeting: 06/10/24 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Bonding Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini RESOLUTION 2024-143 Doc ID: 6201 A Resolution Authorizing The Issuance Of $10,116,000 Bonds Of The Town Of Wappinger, Dutchess County, New York, To Pay The Cost Of The Increase And Improvement Of The Facilities Of Mid -Point Park Sewer District, In The Town Of Wappinger, Dutchess County, New York WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York, at a maximum estimated cost of $10,116,000; and WHEREAS, said capital project hereinafter described, as proposed, has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), the implementation of which as proposed it has been determined will not result in any significant environmental impact; and RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the increase and improvement of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York, consisting of the construction of a new wastewater treatment plant at the existing plant site, located at 63 Martin Drive, in Wappinger Falls, New York, together with improvements to the sewer collection system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith as applicable, there are hereby authorized to be issued $10,116,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $10,116,000, which class of objects or purposes is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $10,116,000 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Mid -Point Park Sewer District as applicable in the manner provided by law, there shall annually be levied on all the Updated: 6/10/2024 4:41 PM by Joseph P. Paoloni Page 1 Resolution 2024-143 Meeting of June 10, 2024 taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The Supervisor is hereby further authorized, at the Supervisor's sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the class of objects or purposes described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, Updated: 6/10/2024 4:41 PM by Joseph P. Paoloni Page 2 Resolution 2024-143 Meeting of June 10, 2024 and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph D. Cavaccini, Al Casella SECONDER: Christopher Phillips, Councilman AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Updated: 6/10/2024 4:41 PM by Joseph P. Paoloni Page 3