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2024-06-24Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappingerny.gov Joseph Paoloni (845)297-5772 Monday, June 24, 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 Present 7:00 PM Christopher Phillips Town of Wappinger Councilman Present 7:00 PM Al Casella Town of Wappinger Councilman Present 7:00 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 2:30 PM II. Opening Items 1. Salute to the Flag 2. Invocation by Rev. John Young, Our Savior Lutheran Church, followed by a moment of silent meditation III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of June 10, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella IV. Public Portion 1. Motion To: Open Public Portion Town of Wappinger Page I Printed 6/25/2024 Regular Meeting Minutes June 24, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella V. Discussions 1. Motion To: Search for a mechanic for Vehicles and Small Engines for the Buildings and Grounds Department - Cavaccini COMMENTS - Current Meeting: Sup asked if there is int in hiring a mechanic for this dept council phil talked of a lease coun beale opposed setting up a second mechanics department seeking an applicant RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Application for Change of Zone at Chelsea Ridge Mall, Brian Faulk Tattoo - Cavaccini Mr Faulk addressed the board to discuss a tatto studio at chesea ridge apartments which is in Neighborhood business needs HB zoning which does allow tattoo parlors.. Lookng for a text amendment not a zone change. Next tb meet VI. Executive Session 1. Motion To: Enter Executive Session Town of Wappinger Page 2 Printed 6/25/2024 Regular Meeting Minutes June 24, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella VII. Resolutions - Consent 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 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 Q Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent Town of Wappinger Page 3 Printed 6/25/2024 Regular Meeting Minutes June 24, 2024 ❑ Defeated Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Tabled ....................... William H. Beale .................. Voter Q ❑ .... ....... ❑ ... ...... ........ ❑ ❑ Withdrawn AngBettina ...... Voter.. Q ❑ ❑...... ..... ❑ Phillips ..................... Christopherela ... Mover .... Q .... ❑ ❑ ❑ Al Casella.................................. Seconder........ Q .......,....... ❑........,........❑ ....... ,.......❑..... Dated: Wappingers Falls, New York June 24, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-144 Resolution Authorizing Settlement of the Tax Certiorari Proceeding In the Matter of the Application of MARSHALL 31, LLC WHEREAS, the Town of Wappinger is a parry respondent in a certain tax certiorari proceeding entitled Marshall 31, LLC v. Town of Wappinger Assessor, Town of Wappinger Board of Assessment Review, and the Town of Wappinger, Dutchess County, New York, currently pending in the Supreme Court, State of New York, County of Dutchess, in which the total assessed valuation of certain real property located in the Town of Wappinger, New York and designated as Tax Map No. 135601-6158-19-688002-0000 on the official assessment map of the Town of Wappinger for the 2021, 2022, and 2023 Assessment Roll are being contested; and WHEREAS, the Assessor of the Town of Wappinger and the Petitioner have agreed to settle the proceeding; and WHEREAS, the parties agree to reduce the assessed valuation as follows: Assessment Year Current Assessment Proposed Assessment 2021 $3,400,000 $3,060,000 2022 $3,400,000 $2,720,000 2023 $3,570,000 $2,677,500 2024 $3,570,000 $2,677,500 WHEREAS, the Petitioner has agreed to waive any and all refunds from the Town and Town Special Districts based on the reduction of the 2021, 2022, and 2023 Assessments; and WHEREAS, the parties agree to reduce the Town's 2024 tentative assessed valuation from $3,570,000 to $2,677,500; and WHEREAS, the assessed valuation of $2,677,500 shall also held pursuant to RTL 727 and will not be subject to challenge for three years following this settlement; and WHEREAS, the Town Assessor and Town Counsel have recommended that the Town Board accept the settlement proposal as set forth above. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby approves and ratifies the settlement of the above-described proceeding as recommended by the Town Assessor. Town of Wappinger Page 4 Printed 6/25/2024 Regular Meeting Minutes June 24, 2024 2. The Town Board hereby authorizes the Town Supervisor, Hogan, Rossi & Liguori, as Town Attorney, and/or the Town Assessor to execute any and all documents necessary to give effect to this resolution The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-144 5tandardl'4 .Qik.., .........................:... . Narn�e Current Terme Begin & Enid Date ROA Results Yes/Aye No/Nay Abstain Absent Q Adopted Appointed Officials . .. 6 ❑ Adopted as Amended 01/01/2,024-12/31/2024 2024 Joseph D. Cavaccini„ Voter El ❑ ❑ ... ❑ ,... ..❑ ..... ❑ Defeated 7 Wam H. Beale ......................... ............ ............................................... Voter.. El .... ....... .... ❑ .... ...... ..... ❑.. ....... ................ . ❑ Tabled Angela Bettina Voter... El .... ❑ .....,..... ❑ .... ❑ ... ❑ Withdrawn Christopher Phillips .................. Mover Q ❑ .................❑ ❑ ❑ Al Casella Seconder Q ❑ ❑ Dated: Wappingers Falls, New York June 24, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-145 Resolution Establishing Standard Workday For Elected And Appointed Officials WHEREAS, effective August 12, 2009, New York State adopted anew regulation 315.4 for additional reporting requirements for elected or appointed officials that more clearly defines the process for reporting time worked for those officials who are members of the New York State Retirement System, and WHEREAS, a record of work activities was submitted to the Office of the Town Comptroller, Personnel Division by elected and appointed officials who does not maintain a daily record of actual time worked, and Title 5tandardl'4 .Qik.., .........................:... . Narn�e Current Terme Begin & Enid Date ROA Results Couunciillm,an 6 Al Casella 01/01/2024-12/31/2025 13.,2.5 Appointed Officials Deputy Town Supervisor 6 Lisa Paoloni 01/01/2,024-12/31/2024 2024 1.25 Ass,essaolr 7 Christian Harkins, 10/01/2019-09/3,0/2025 20.00 Drag Controdl Officer 7 Jerald Owens 01/01/2024-12/3,1/2024 2024 9.22 NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger does hereby attest that the above elected official has submitted log of activities and signed Form RS 2417-A Standard Work Day and Reporting Resolution for Elected and Appointed Officials, and NOW THEREFORE BE IT FURTHER RESOLVED, thatwithin 15 days after the expiration of the posting period, the Town Clerk shall file the completed RS 2417-A form with the Office of the Newyork State Comptroller. Town of Wappinger Page 5 Printed 612512024 Regular Meeting Minutes June 24, 2024 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-145 Yes/Aye No/Nay Abstain Absent Q Adopted „Yes/Aye ..... ..... .......... ....... ..... . ❑ Adopted as Amended Q .... Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated ❑ William H. Beale ....................................................................................................................... Voter Q ❑ ❑ ❑ ❑ Tabled ❑ ... Angela Bettina Voter.. El .... ❑ .... ❑ .... ❑ ... ❑ Withdrawn ❑ Christopher Phillips .................................. Mover El ............... ❑ ................. ❑ ................ ❑ ❑ Al Casella Seconder........ Q ❑ ❑ ❑....... Dated: Wappingers Falls, New York June 24, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-146 Resolution Awarding Contract For Annual Maintenance Contract For Rockingham Park Pond WHEREAS, Town of Wappinger is dedicated to offering presentable, clean, and safe parks for residents to use, and WHEREAS, SOLITUDE LAKE MANAGEMENT, LLC provides monitoring and vegetation control services for waterbodies, and WHEREAS, SOLITUDE LAKE MANAGEMENT, LLC has submitted a proposed contract for annual maintenance services for the Rockingham Park Pond at an annual cost of $4,386.00, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town of Wappinger hereby awards a contract for 2024 Annual Maintenance Services for the Rockingham Park Pond to SOLITUDE LAKE MANAGEMENT, LLC in the amount of $4,386.00. 2. The Town Board hereby authorizes Town Supervisor Joseph D. Cavaccini to execute the contract documents after receipt of the necessary insurance certificates from the vendor. 3. The fully executed copy of the contract shall be provided to Town Clerk Joseph P. Paoloni for filing in his records. 4. This is a Type II action for a study regarding the permit. The foregoing was put to a vote which resulted as follows .a Vote Record - Resolution RES -2024-146 No/Nay Abstain Absent„ Q Adopted „ ,,,, ,,,, ,,,,,,,,,,,,, ,,,,,,,,,,,,,,, „Yes/Aye ..... ..... ❑ Adopted as Amended Joseph D. Cavaccini„ Mover .. Q .... ❑ ........,...... ❑ ❑ ❑ Defeated William H. Beale ......................... Voter ............. El ....... ................ ❑ ❑ ... ❑ ... ❑ Tabled Angela Bettina Voter.... ,...... El .... ❑ .....,...... ❑ ... ❑ ... ❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑ Al Casella Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York Town of Wappinger Page 6 Printed 6/25/2024 Regular Meeting Minutes June 24, 2024 June 24, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-147 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log F -correspondence Log - 2 24--24 Number To From Cate ante Re c' Re: Agenda [date 66-24-661 Joseph Paoloni Barbara RobMr 61612624 61612624 Performance&Maintenance Bonds Aril -Ma 612412624 66-24-662 Joseph Paoloni Christine OR611y Rao 61612624 611612624 Town of LaGran e Proposed Local Lala 612412624 66-24-663 Joseph Paoloni Christine OR611y Rao 61612624 611612624 Town of LaGran e Pro used Local Lala 612412.624 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-147 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as AmendedJoseph D. Cavaccini„ Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale ............. Voter Q ❑ .,.... ❑ ....... .... ❑ ................................ ❑ Tabled Angela Bettina Voter El ❑ ,...... ❑... ❑ ... ❑ Withdrawn Christopher Phillips Mover Q ........ .. ❑ ❑ .. ........... ❑ Al Casella Seconder Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2024 The Resolution is hereby duly declared Adopted. VIII. Resolutions - Non -Consent RESOLUTION: 2024-148 Resolution Appointing Recreation Assistant In The Parks And Recreation Department, Senior Center Division WHEREAS, the position of Recreation Assistant is established on the Civil Service Roster for the Town of Wappinger, and WHEREAS, the Recreation Assistantiob tittle is in the Labor Class underthe Civil Service Rules of Dutchess County Human Resources with no minimum qualifications, and WHEREAS, the position of Recreation Assistant is within the bargaining unit covered bythe Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 ("CBA"); and Town of Wappinger Page 7 Printed 6/25/2024 Regular Meeting Minutes June 24, 2024 WHEREAS, the incumbent Recreation Assistant, Donna Len hart, has offered her resignation from the position that was accepted by the Town Board through Resolution 2024-140, and WHEREAS, the intention to fill the vacancy has been posted in accordance with the CBA, and NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby appoints Recreation Assistant, effective June 25, 2024. to the full-time civil service title 2. The appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 3. The Office of the Town Comptroller, Personnel Division shall file the paperwork necessary to effectuate this appointment with the Dutchess County Department of Human Resources and any other required agency. 4. The appointment is subject to a probationary term of not less than eight nor more than twenty-sixweeks in accordance with the rules of the Dutchess County Department of Human Resources. 5. Compensation for the Recreation Assistant shall be at a rate of $25.83 per hour and paid in accordance with the terms of the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-148 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Joseph D. Cavaccini Mover ........ .....Voter... Q ❑ ❑ ❑ ❑ Defeated William H. Beale ................... ..... Q .... ......❑...............❑ .... .....❑..... ❑ Tabled Angela Bettina Voter El .... ❑ .....,..... ❑ .... ❑ ... ❑ Withdrawn Christopher Phillips Seconder ........ Q ❑ ................ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York June 24, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-149 Resolution Introducing Local Law No. 2 Of 2024 Which Would Amend Chapter 217, Zoning, Of The Town Code With Respect To A Variety Of Definitions WHEREAS, the Town Board is considering the adoption of Local Law No. 2 of 2024 which would amend Chapter 217, Zoning, of the Town Code with respect to a variety of matters; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 217, Zoning, Chapter 217, Subdivision of Land of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and Town of Wappinger Page 8 Printed 6/25/2024 Regular Meeting Minutes June 24, 2024 WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 2 of 2024 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 2 of 2024 for 7:00 PM on the 8 day of July, 2024 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than five (5) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than five (5) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. The foregoing was put to a vote which resulted as follows .a Vote Record - Resolution RES -2024-149 Yes/Aye No/Nay Abstain Absent ❑ Adopted Q Adopted as AmendedJoseph D. Cavaccini„ Voter Q ❑ ❑ ❑ ❑ DefeatedWilliam H. Beale ... Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina ....................... Seconder .... El .... ❑ .... ❑...... ❑..... ❑ Withdrawn Christopher Phillips ...........❑ Mover ........... Q .. .. ......... ❑ .. ................ ❑ Al Casella ,Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York Town of Wappinger Page 9 Printed 6/25/2024 Regular Meeting Minutes June 24, 2024 June 24, 2024 The Resolution is hereby duly declared Adopted as Amended. IX. Items for Special Consideration/New Business IT to review security on July meeting. X. Adjournment Motion To: Wappinger Adjournment & Signature COMMENTS - Current Meeting: The meeting adjourned at 8:25 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Town of Wappinger Page 10 Printed 6/25/2024 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-139 Meeting: 06/24/24 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. HISTORY: 06/10/24 Town Board TABLED Next: 06/24/24 RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 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. 19 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 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-144 Meeting: 06/24/24 07:00 PM Department: Town Clerk Category: Tax Certioraries Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6202 Resolution Authorizing Settlement of the Tax Certiorari Proceeding In the Matter of the Application of MARSHALL 31, LLC WHEREAS, the Town of Wappinger is a parry respondent in a certain tax certiorari proceeding entitled Marshall 31, LLC v. Town of Wappinger Assessor, Town of Wappinger Board of Assessment Review, and the Town of Wappinger, Dutchess County, New York, currently pending in the Supreme Court, State of New York, County of Dutchess, in which the total assessed valuation of certain real property located in the Town of Wappinger, New York and designated as Tax Map No. 135601-6158-19-688002-0000 on the official assessment map of the Town of Wappinger for the 2021, 2022, and 2023 Assessment Roll are being contested; and WHEREAS, the Assessor of the Town of Wappinger and the Petitioner have agreed to settle the proceeding; and WHEREAS, the parties agree to reduce the assessed valuation as follows: Assessment Year Current Assessment Proposed Assessment 2021 $3,400,000 $3,060,000 2022 $3,400,000 $2,720,000 2023 $3,570,000 $2,677,500 2024 $3,570,000 $2,677,500 WHEREAS, the Petitioner has agreed to waive any and all refunds from the Town and Town Special Districts based on the reduction of the 2021, 2022, and 2023 Assessments; and WHEREAS, the parties agree to reduce the Town's 2024 tentative assessed valuation from $3,570,000 to $2,677,500; and WHEREAS, the assessed valuation of $2,677,500 shall also held pursuant to RTL 727 and will not be subject to challenge for three years following this settlement; and WHEREAS, the Town Assessor and Town Counsel have recommended that the Town Board accept the settlement proposal as set forth above. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby approves and ratifies the settlement of the above-described proceeding as recommended by the Town Assessor. 2. The Town Board hereby authorizes the Town Supervisor, Hogan, Rossi & Liguori, as Town Attorney, and/or the Town Assessor to execute any and all documents necessary to give effect to this resolution Updated: 6/19/2024 12:33 PM by Joseph P. Paoloni Page 1 Resolution 2024-144 RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Meeting of June 24, 2024 Updated: 6/19/2024 12:33 PM by Joseph P. Paoloni Page 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS --------------------------------------------------------------------------x MARSHALL 31, LLC STIPULATION AND ORDER OF Petitioner, SETTLEMENT -against- Index Nos. TOWN OF WAPPINGER ASSESSOR, TOWN OF WAPPINGER BOARD OF ASSESSMENT REVIEW, 2021-52830 and the TOWN OF WAPPINGER, DUTCHESS 2022-52298 COUNTY, NEW YORK, 2023-52579 Respondents. The Honorable James Brands, J.S.C. To Review Real Property Assessments Pursuant to Article 7 of the Real Property Tax Law. ---------------------------------------------------------x WHEREAS, Petitioner Marshall 31, LLC ("Petitioner"), by and through its attorneys, Whiteman Osterman & Hanna LLP (Lou Lewis, Esq.), commenced tax assessment proceedings under Real Property Tax Law ("RPTL") Article 7 for the tax year 2021-2022 bearing index number 2021-52830, the 2022-2023 tax year bearing index number 2022-52298, and the 2023-2024 tax year bearing index number 2023-52579 (collectively, the "Proceedings") against Respondents the Town of Wappinger Assessor ("Assessor"), the Town of Wappinger Board of Assessment Review, and the Town of Wappinger, Dutchess County, New York (collectively, the "Town"), which, by and through their attorneys, Hogan, Rossi & Liguori (Jamie Spillane, Esq. and Brendan Liberati, Esq.) duly appeared in the Proceedings; and WHEREAS, the County of Dutchess ("County"), the Wappingers Central School District ("School District"), and the Village of Wappingers Falls ("Village") did not intervene or otherwise appear in the Proceedings; and WHEREAS, Petitioner and the Town are collectively referred to as the "Parties"; and WHEREAS, the real property at issue in the Proceedings is situated in the Town and described on the Town's 2021, 2022 and 2023 final assessment rolls for the tax years 2021-2022, 2022-2023, and 2023-2024, and on the Town's 2024 tentative assessment roll for the tax tear 2024- 2025 as: Address SBL No. 29-31 Marshall Road 135601-6158-19-688002-0000 (the "Property"); and WHEREAS, the Parties have engaged in settlement discussions and have agreed to fully resolve their differences upon the terms of this Stipulation and Order of Settlement ("Stipulation and Order") without further litigation; and WHEREAS, the Parties have authorized their attorneys to enter into this Stipulation and Order; and WHEREAS, the Stipulation and Order is in the best interests of the Parties; now UPON reading and filing of the Stipulation and Order; it is hereby: STIPULATED AND ORDERED that the Proceedings shall be discontinued, with prejudice, upon full compliance with the terms of this Stipulation and Order. In the event that the 2021, 2022, 2023, and 2024 assessed valuations of the Property are not set as provided in this Stipulation and Order, the Proceedings shall be immediately restored to the trial calendar; and it is further STIPULATED AND ORDERED that the assessments on the aforesaid Property be, and the same hereby are, reduced, corrected, and fixed as follows: Assessment Year Current Assessment Proposed Assessment 2021 $3,400,000 $3,060,000 2022 $3,400,000 $2,720,000 2023 $3,570,000 $2,677,500 2024 $3,570,000 $2,677,500 STIPULATED AND ORDERED that the provisions of RPTL 727 shall apply to the terms of this Stipulation and Order such that the Property's reduced 2024 assessment set forth in this Stipulation and Order shall also be the respective final assessment for the Property on the Town's 2025, 2026 and 2027 assessment rolls; and it is further STIPULATED AND ORDERED that the officer or officers having custody of the Town's final assessment and tax rolls upon which the property taxes for the Property are levied are hereby directed to correct the 2021, 2022, and 2023 final assessment roll, to correct the 2024 tentative assessment roll, and to set the 2025 through 2027 final assessment rolls so that each is in conformity with this Stipulation and Order; and it is further STIPULATED AND ORDERED that the Petitioner waives any refunds from the Town, including, without limitation, Town Special Districts and Town Ad Valorem Assessments, if any, based on the reduction of the Property's assessment on the 2021, 2022, and 2023 tax rolls; and it is further STIPULATED AND ORDERED that, upon the Town's correction of the 2021, 2022, and 2023 final assessment and tax rolls to reflect the reduced assessed valuation set forth above, the officer or officers charged with generating and issuing County tax bills for the 2021-2022, 2022- 2023, and 2023-2024 tax years shall issue to Petitioner corrected real property tax bills for the 2021-2022, 2022-2023, and 2023-2024 tax year, if any, using the reduced assessed valuation for 3 the Property set forth in this Stipulation and Order, and Petitioner shall pay said corrected tax bills in lieu of any County real property tax bills previously issued for 2021-2022, 2022-2023, and 2023-24 tax years, if any, with respect to the Property; and it is further STIPULATED AND ORDERED that, upon the Town's correction of the 2021, 2022, and 2023 final assessment and tax rolls to reflect the reduced assessed valuation set forth above, the officer or officers charged with generating and issuing the School District tax bills for the 2021- 2022, 2022-2023, and 2023-2024 tax years, if any, shall issue to Petitioner corrected real property tax bills for the 2021-2022, 2022-2023, and 2023-2024 tax years, if any, using the reduced assessed valuation for the Property set forth in this Stipulation and Order, and Petitioner shall pay said corrected tax bills in lieu of any School District real property tax bills previously issued for 2021- 2022, 2022-2023, and 2023-2024 tax years, if any, with respect to the Property; and it is further STIPULATED AND ORDERED that, upon the Town's correction of the 2021, 2022, and 2023 final assessment and tax rolls to reflect the reduced assessed valuation set forth above, the officer or officers charged with generating and issuing the Village tax bills for the 2021-2022, 2022-2023, and 2023-2024 tax years, if any, shall issue to Petitioner corrected real property tax bills for the 2021-2022, 2022-2023, and 2023-2024 tax years, if any, using the reduced assessed valuation for the Property set forth in this Stipulation and Order and Petitioner shall pay said corrected tax bills in lieu of any Village real property tax bills previously issued for 2021-2022, 2022-2023, and 2023-2024, if any, tax years with respect to the Property; and it is further STIPULATED AND ORDERED that, in the event Petitioner has paid a County, School District, or Village tax bill for the 2021-2022, 2022-2023, or 2023-2024 tax year based on the prior, unreduced assessed valuation, Petitioner shall be issued refunds for said tax bills based on the reduced assessed valuation of the Property set forth in this Stipulation and Order; however, as 4 indicated above, the Petitioner waives any and all refunds from the Town including, without limitation Town Special District and Town Ad Valorem assessments, if any, based on the reduction to the 2021, 2022, and 2023 rolls; and it is further STIPULATED AND ORDERED that the Parties represent that the individuals executing this Stipulation and Order have been fully authorized by their respective clients to enter into this Stipulation and Order with the intent of binding the Parties and all taxing jurisdictions to the terms of this Stipulation and Order; and it is further STIPULATED AND ORDERED that an executed copy of this Stipulation and Order, with Notice of Entry, shall be entered and docketed in the County Clerk's Office and filed among the Assessor's permanent records; and it is further STIPULATED AND ORDERED that this Stipulation and Order may be signed in one or more counterparts, each of which shall be deemed to be an original and all of which when taken together shall constitute the same Stipulation and Order. Any signed copy of this Stipulation and Order made by photocopy or facsimile shall be considered an original. [Signatures on Next Page] E Dated: June , 2024 Jamies Spillane Brendan Liberati Hogan, Rossi & Liguori Attorneys for Respondents 3 Starr Ridge Road, Suite 200 Brewster, New York 10509 Tel: (845) 279-2986 Email: jspillane@hrllawyers.com Email: bliberati@hrllawyers.com ZIXI : 1 . 1 Honorable James Brands, J.S.C. C Dated: June 17 , 2024 Whiteman Osterman & Hanna, LLP Attorneys for Petitioner 510 Haight Avenue Poughkeepsie, New York 12603 Tel: (518) 487-7777 Email: Ilewis@woh.com 0 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-145 Meeting: 06/24/24 07:00 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6205 Resolution Establishing Standard Workday For Elected And Appointed Officials WHEREAS, effective August 12, 2009, New York State adopted anew regulation 315.4 for additional reporting requirements for elected or appointed officials that more clearly defines the process for reporting time worked for those officials who are members of the New York State Retirement System, and WHEREAS, a record of work activities was submitted to the Office of the Town Comptroller, Personnel Division by elected and appointed officials who does not maintain a daily record of actual time worked, and Title 5tandardl'4Jl 2YNK, ....................:....:... DaDate Narne Dumlrrent Terme Begin & End ROA Results Couunci]m,an 6 Al Cas luta 01/01/2024-12/31/2025 2025 13.,2.5 Appointed Officials, Deputy Town Supervisor 6 LisaPaoloni 01/01,/2024-12/31/2024 1.25 Assress,olr 7 Christian Harkins, 10/01/2019-09/30/2025 20.00 Dog Control) Officer 7 Jerald Owens 01/01/2024-12/31/2024 9.22 NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger does hereby attest that the above elected official has submitted log of activities and signed Form RS 2417-A Standard Work Day and Reporting Resolution for Elected and Appointed Officials, and NOW THEREFORE BE IT FURTHER RESOLVED, thatwithin 15 days after the expiration of the posting period, the Town Clerk shall file the completed RS 2417-A form with the Office of the Newyork State Comptroller. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 6/21/2024 7:47 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-146 Meeting: 06/24/24 07:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6206 Resolution Awarding Contract For Annual Maintenance Contract For Rockingham Park Pond WHEREAS, Town of Wappinger is dedicated to offering presentable, clean, and safe parks for residents to use, and WHEREAS, SOLITUDE LAKE MANAGEMENT, LLC provides monitoring and vegetation control services for waterbodies, and WHEREAS, SOLITUDE LAKE MANAGEMENT, LLC has submitted a proposed contract for annual maintenance services for the Rockingham Park Pond at an annual cost of $4,386.00, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town of Wappinger hereby awards a contract for 2024 Annual Maintenance Services for the Rockingham Park Pond to SOLITUDE LAKE MANAGEMENT, LLC in the amount of $4,386.00. 2. The Town Board hereby authorizes Town Supervisor Joseph D. Cavaccini to execute the contract documents after receipt of the necessary insurance certificates from the vendor. 3. The fully executed copy of the contract shall be provided to Town Clerk Joseph P. Paoloni for filing in his records. 4. This is a Type II action for a study regarding the permit. RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph D. Cavaccini, Christopher Phillips SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 6/20/2024 11:47 AM by Joseph P. Paoloni Page 1 SERVICES CONTRACT CUSTOMER NAME: Rockingham Park SUBMITTED TO: Al Casella CONTRACT EFFECTIVE DATE: April 1, 2024, through September 30, 2024 SUBMITTED BY: Erika bamberg, Sales Support Administrator SERVICES: Annual Pond Maintenance for one (1) pond, 1.35 acres surface area. This agreement (the "Agreement") is made as of the date indicated above and is by and between SOLitude Lake Management, LLC ("SOLitude" or the "Company") and the customer identified above (the "Customer") on the terms and conditions set forth in this Agreement. The Services. SOLitude will provide services at the Customer's property as described in Schedule A attached hereto: 2. PAYMENT TERMS. The Annual Contract Price is $4,386.00. SOLitude shall invoice Customer $731.00 per month for the Services to be provided under this Agreement. The term of this agreement is for a period of six (6) months, with payment invoiced on the first day of each month, reminding them that a contract payment is due by the end of that same month. The customer is obligated to pay each monthly contract payment per the terms of this contract, without any obligation on the part of SOLitude to invoice or send any other sort of reminder or notice. Due to the seasonality of these services, and the disproportionate amount of time and materials dedicated to providing these services during some times of the year as compared to others, based on the season, weather patterns, and other natural factors, the amount billed and paid to date is not necessarily equivalent to the amount of work performed to date. The Customer will be liable for any returned check fees and any collection costs, including reasonable attorney fees and court costs, for any invoices not otherwise timely paid, and interest at the rate of I % per month may be added to all unpaid invoices. Should the work performed be subject to any local, state, or federal jurisdiction, agency, or other organization of authority for sales or other taxes or fees in addition to those expressly covered by this contract, the customer will be invoiced and responsible for paying said additional taxes in addition to the contract price and other fees above. SOLitude shall be reimbursed by the customer for any non -routine expenses, administrative fees, compliance fees, or any other similar expense that are incurred as a result of requirements placed on SOLitude by the customer that are not covered specifically by the written specifications of this contract. 3. TERM AND EXPIRATION. This Agreement is for an annual management program as described in the Schedule A attached. Any additional services will be provided only upon additional terms as agreed to by the parties in writing. Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 888.480.LAKE (5253) 1I SOLITUDELAKEMANAGEMENT COM 2024 Annual Pond Maintenance Services Contract Rockingham Park (14407) - EB Page 2 of 7 4. PRICING. The Company reserves the right to annually increase the amount charged for the services beyond the escalation percentage stated in the TERM AND EXPIRATION above, which shall be communicated by written notice to the Customer, which notice may be by invoice. 5. TERMINATION. If SOLitude terminates your service for nonpayment or other default before the end of the Services Contract, if the Customer terminates this Services Contract for any reason other than in accordance with the cancellation policy outlined above, or in the event this Contract does not automatically renew and the customer terminates it before the termination date, Customer agrees to pay SOLitude, in addition to all other amounts owed, an Early Termination Fee in the amount specified below ("Early Termination Fee"). The Customer's Early Termination Fee will be 50% of the remaining value of the Contracted Price. The Early Termination Fee is not a penalty, but rather a charge to compensate SOLitude for the Customer's failure to satisfy the Services Contract on which the Customer's rate plan is based. 6. INSURANCE AND LIMITATION OF LIABILITY. SOLitude will maintain general liability and property damage insurance as necessary given the scope and nature of the Services. The Company will be responsible for those damages, claims, causes of action, injuries or legal costs to the extent of its own direct negligence or misconduct, and then only to an amount not to exceed the annual value of this Agreement. In no event will any party to this Agreement be liable to the other for incidental, consequential or purely economic damages. 7. FORCE MAJEURE. The Company shall not be liable for any delay in performing the Services, nor liable for any failure to provide the Services, due to any cause beyond its reasonable control. 8. ANTI -CORRUPTION AND BRIBERY. Each party represents that neither it nor anyone acting on its behalf has offered, given, requested or accepted any undue financial or other advantage of any kind in entering into this Agreement, and that it will comply with all applicable laws and regulations pertaining to corruption, competition and bribery in carrying out the terms and conditions of this Agreement. 9. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the state in which the Services are performed. 10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and replaces any prior agreements or understandings, whether in writing or otherwise. This Agreement may not be modified or amended except by written agreement executed by both parties. In the event that any provision of this Agreement is determined to be void, invalid, or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected. Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 888.480.LAKE (5253) 1I SOLITUDELAKEMANAGEMENT COM 2024 Annual Pond Maintenance Services Contract Rockingham Park (14407) - EB Page 3 of 7 11. NOTICE. Any written notice provided under this Agreement may be sent via overnight mail, certified mail, hand delivery or electronic mail with delivery confirmation, to the individuals and addresses listed below. 12. BINDING. This Agreement shall inure to the benefit of and be binding upon the legal representatives and successors of the parties. 13. FUEL/TRANSPORTATION SURCHARGE. Like many other companies that are impacted by the price of gasoline, a rise in gasoline prices may necessitate a fuel surcharge. As such, the Company reserves the right to add a fuel surcharge to Customer's invoice for any increase in the cost of fuel as measured above the same time period in the prior year (by the National U.S. Average Motor Gasoline -Regular Fuel Price per Gallon Index reported by the U.S. Department of Energy). The surcharge may be adjusted monthly (up or down) with the price of gasoline. 14. DISCLAIMER. SOLitude is not responsible for the failure of any treatment, equipment installation, or other work that result from dam or other structural failures, severe weather and storms, flooding, or other acts of God that are outside of the control of SOLitude. Customers understands and acknowledges that there are irrigation restrictions associated with many of the products used to treat lakes and ponds. The customer is responsible for notifying SOLitude in advance of the contract signing and the start of the contract if they utilize any of the water in their lakes or ponds for irrigation purposes. The customer accepts full responsibility for any issues that may arise from the irrigation of turf, ornamentals, trees, crops, or any other plants as a result of treated water being used by the customer for irrigation without the consent or knowledge of SOLitude. Although there is rarely direct fish toxicity with the products used for treatment when applied at the labeled rate, or the installation and normal operation of the equipment we install, there is a risk under certain circumstances of significant dissolved oxygen drops. This risk is most severe in times of extremely hot weather and warm water temperatures, as these are the conditions during which dissolved oxygen levels are naturally at their lowest levels. Oftentimes lakes and ponds will experience natural fish kills under these conditions even if no work is performed. Every effort, to include the method and timing of application, the choice of products and equipment used, and the skill and training of the staff, is made to avoid such problems. However, the customer understands and accepts that there is always a slight risk of the occurrence of adverse conditions outside the control of SOLitude that will result in the death of some fish and other aquatic life. The customer also understands and accepts that similar risks would remain even if no work was performed. The customer agrees to hold SOLitude harmless for any issues with fish or other aquatic life which occur as described above, or are otherwise outside the direct control of SOLitude, unless there is willful negligence on the part of SOLitude. Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 888.480.LAKE (5253) 1I SOLITUDELAKEMANAGEMENT COM 2024 Annual Pond Maintenance Services Contract Rockingham Park (14407) - EB Page 4 of 7 15. NONPERFORMANCE. In the case of any default on the part of the Company with respect to any of the terms of this Agreement, the Customer shall give written notice thereof, and if said default is not made good within (30) Thirty Days, the Customer shall notify the Company in writing that there has been a breach of the Agreement. The Company in case of such breach shall be entitled to receive payment only for work completed prior to said breach, so long as the total paid hereunder does not exceed the Contract sum. 16. E -Verify. Solitude Lake Management LLC utilizes the federal E -Verify program in contracts with public employers as required by Florida State law, and acknowledges all the provisions of Florida Statute 448.095 are incorporated herein by reference and hereby certifies it will comply with the same. ACCEPTED AND APPROVED: SOLITUDE LAKE MANAGEMENT, LLC. Signature: Printed Name: Title: Date: Please Remit All Payments to: 1320 Brookwood Drive Suite H Little Rock AR 72202 Please Mail All Contracts to: 1253 Jensen Drive, Suite 103 Virginia Beach, VA 23451 ROCKINGHAM PARK Signature: Printed Name: Title: Date: Customer's Address for Notice Purposes: Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 888.480.LAKE (5253) 1I SOLITUDELAKEMANAGEMENT COM 2024 Annual Pond Maintenance Services Contract Rockingham Park (14407) - EB Page 5 of 7 SCHEDULE A - SERVICES Permitting : (April) 1. SOLitude staff will be responsible for the following: a. Completing and submitting the NYSDEC Article 15 aquatic pesticide permit required to perform any work specified in this contract where applicable. b. Filing of any notices or year-end reports with the appropriate agency as required by any related permit. c. Notifying the Customer of any restrictions or special conditions put on the site with respect to any permit received, where applicable. d. Completing and submitting the Article 24 wetlands permit, if required, will be subject to an additional fee to be determined. Customer Responsibilities : 1. Customer will be responsible for the following: a. Providing information required for the permit application process upon request b. Providing Certified Abutters List for abutter notification where required. c. Perform any public filings or recordings with any agency or commission associated with the permitting process, if required. d. Compliance with any other special requirements or conditions required by the local municipality. e. Compliance and enforcement of temporary water -use restrictions where applicable Monitorina: 1. A SOLitude Aquatic Specialist will visit the site and inspect the pond(s) on a one (1) time per month basis during the months of April through September. 2. Observations and data collected during the inspections will be used to inform and guide all activities required to fulfill the requirements of this contract as specified in the description of services below. Aquatic Weed Control: 1. Ponds) will be inspected on a one (1) time per month basis during the months of April through September. 2. Any growth of undesirable aquatic weeds and vegetation found in the ponds) with each inspection shall be treated and controlled through the application of aquatic Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 888.480.LAKE (5253) 1I SOLITUDELAKEMANAGEMENT COM 2024 Annual Pond Maintenance Services Contract Rockingham Park (14407) - EB Page 6 of 7 herbicides and aquatic surfactants as required to control the specific varieties of aquatic weeds and vegetation found in the pond(s) at the time of application. 3. Invasive and unwanted submersed and floating vegetation will be treated and controlled preventatively and curatively each spring and early summer through the use of systemic herbicides at the rate appropriate for control of the target species. Application rates will be designed to allow for selective control of unwanted species while allowing for desirable species of submersed and emergent wetland plants to prosper. Pond Algae Control: Ponds) will be inspected on a one (1) time per month basis during the months of April through September. 2. Any algae found in the pond(s) with each inspection shall be treated and controlled through the application of algaecides, aquatic herbicides, and aquatic surfactants as needed for control of the algae present at the time of service. Service Reporting: 1. Customer will be provided with a service report detailing all of the work performed as part of this contract after each visit. General Qualifications: 1. Company is a licensed pesticide applicator in the state in which service is to be provided. 2. Individual Applicators are Certified Pesticide Applicators in Aquatics, Public Health, Forestry, Right of Way, and Turf/Ornamental as required in the state in which service is to be provided. 3. Company is a SePRO Preferred Applicator and dedicated Steward of Water. Each individual applicator has been trained and educated in the water quality testing and analysis required for prescriptive site-specific water quality management and utilizes an integrated approach that encompasses all aspects of ecologically balanced management. Each applicator has received extensive training in the proper selection, use, and application of all aquatic herbicides, algaecides, adjuvants, and water quality enhancement products necessary to properly treat our Customers' lakes and ponds as part of an overall integrated pest management program. 4. Company guarantees that all products used for treatment are EPA registered and labeled as appropriate and safe for use in lakes, ponds, and other aquatic sites, and are being applied in a manner consistent with their labeling. Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 888.480.LAKE (5253) 1I SOLITUDELAKEMANAGEMENT COM 2024 Annual Pond Maintenance Services Contract Rockingham Park (14407) - EB Page 7 of 7 5. All pesticide applications made directly to the water or along the shoreline for the control of algae, aquatic weeds, or other aquatic pests as specified in this contract will meet or exceed all of the Company's legal regulatory requirements as set forth by the EPA and related state agencies for NPDES and FIFRA. Company will perform treatments that are consistent with NPDES compliance standards as applicable in and determined by the specific state in which treatments are made. All staff will be fully trained to perform all applications in compliance with all federal, state, and local law. Company will furnish the personnel, vehicles, boats, equipment, materials, and other items required to provide the foregoing at its expense. Competitively Sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 888.480.LAKE (5253) 1I SOLITUDELAKEMANAGEMENT COM Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-147 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Meeting: 06/24/24 07:00 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Town Clerk Joseph P. Paoloni DOC ID: 6203 F -Correspondence Log - 2 24-06-24 Number TO From Date Date Re c' Re: Agenda Date 06-24-001 Joseph Paoloni Barbara Roberti 6/612024 6/612024 Pehrmane0akiteiince Bods Aril -Ma 6124/2024 06-24-002 Joseph Paoloni Christine 0'Redly Rao 6/6/2024 611612624 Town of LaGraiige Proposed Local Law 6/24/2024 06,-24-003 Joseph Paoloni Christine 0'Redly Rao 6/6/2024 6/1012024 Town of LaGraiige Pro used Local Law 6/24/2024 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: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 6/19/2024 1:30 PM by Joseph P. Paoloni Page 1 LIE ti et It - 4 4 N O N co W w It* N w O It* N O N O E V m Q *4 o o o ❑ N N N N N N Q J J Q U1 C� (Ci C O O J O J 00 -0 70 d C Q Q Mgt N 0)0) C C ' to 06 (9 @J� I E O v O a N �00 Cl N It It D N N N 1 d O O (4 10 C�4 4 Jo 0 0 (f N N N CD co (DCL O c1Q CQ E w U) O I LL 7, �+ O 0 V 0� L L L no U U O O O O p O O CL d CL L L L 0N N N N to 7 7 7 L Qf r N m E O O 3 d z CE[ N N co c0 co O O 01 LIE ti et It - 4 4 N O N co W w It* N w O It* N O N O E V m Q Director of Strategic Planning & Municipal Codes Barbara Roberti - Ext. 128 Deputy Zoning Administrator Judith Subrize — Ext 129 PLANNING BOARD &ZONING BOARD of APPEALS SECRETARY Bea Ogunti W Ext 122 ac'A�L /0� 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-1373 Ext. 2 Fax(845)297-0579 SUPERVISOR Joseph D. Cavaccini TOWN BOARD `Iirillimn H. Beale Chris Phillips Angela Bettina Al Casella .N aPp.Oq ev n 1e\', wwtiv.towmoFwappunge� ny.gov � OT, To: Joseph k'aaloni, Town Clerk From: Barbara Roberti, Director of Strategic Planning and Municipal Codes Re: Schedule of Performance & Maintenance Bonds for the month of April - May2024 June 6, 2024 SUBDIVISION (Sub.) SECURED SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS _Maloney Heights Subdivision Bond $222,120.00 11/19/23 11/19/24 -1St reduction (Abjad Nesheiwat) 9775180S accepted by TB 5/26/2020 Myers Corners Landing Cash Bond $122,000.00 No expiration date Myers Run Subdivision Pert Bond $278,900.00 10/6/24 11/6/2024 (Michael Lund) Bond#UCSX333X3391 Ridges Subdivision Letter of Credit $104,464.80 5/1/24 6/30/24 MAINTENANCE BONDS Furnia Subdivision Letter of Credit $52,128.00 12/12/24 i -accepted by TB 5/8/2020 -accepted by TB 4122/24 -1 st Reduction accepted by the TB -accepted by TB 12/12/22 Chelsea Farms Hindu Samai SITE PLAN RESTORATION BONDS Cash Deposit Cash Deposit Hudson Valley Lighting Cash Deposit $19,778.00 ****** $7,500.00 ***** $7,200.00 Old Myers NY LLC Solar ]Farm Perf Bored $30,000.00 3-26-24 Red Cedar Arborist, Inc. Cash Deposit $10,000.00 ******* SOLAR DECOMMISSIONING BOND Old Myers NY LLC Solar Farm Surety Bond $81,030.00 Cc: Planning Board Town Board Town Attorney Larry Paggi Michael Sheehan. File Accepted by TB on 2-28-22 tree felling. Accepted by the TB on March 9, 2020 for gree felling. J 0 -Accepted by TB on March 8, 2021 = Released upon N Resolution Approval L W/ signed maps 0 U -Accepted by TB on March 27, 2023. N Tree felling. N -Accepted by TB CO w w August 23, 2021 N w 0 N O N Accepted by the TB 3111124 = U Q 2 June 6, 2024 Clerk, Town of Beekman Cleric, Town of East Fishkill Cleric, Town of Pleasant Valley Clerk, Town of Poughkeepsie Clerk, Town of Union Vale Clerk, Town of Wappinger Cleric, Town of Washington TOWN OF LA.GRANGE CHRISTINE O'REILLY-RAO TOWN CLERK 120 STRINGHAM ROAD LAGRANGEVILLE, NY 12540 845-452-1830 845-452-2289 FAX 1�le Re: Town of LaGrange proposed Local Law Vl -� 0'L®'Lk eC Cw\1- Re: Town of LaGrange Local Law to amend Chapter 240 (Zoning) of the Town Code to clarify the landscaping standards for Ground Mounted Solar. A Local Law of the Town of LaGrange, Dutchess County, New York, to amend Chapter 240 (Zoning) of the Town Code to clarify the landscaping standards for Ground Mounted Solar. Dear Sir or Madam: On behalf of the Town Board, I forward a copy of the abstract of a proposed Local Law for review and comment. Should you have any comments please provide them to the Town Board prior to July 17, 2024. Sincerely, Christine O'Reilly Rao Tow Cleric. Enclosure NOTICE OF PUBLIC HEARING TAKE NOTICE that the Town Board of the Town of LaGrange will hold a public hearing at the Town Hall, 120 Stringham Road, LaGrangeville, New York on July 17, 2024 at 7:00 o'clock, p,m., on Local Law No. _ of the Year 2024, amending Chapter 240 (Zoning) of the Town Code to clarify the landscaping standards for Ground Mounted Solar. TAKE FURTHER NOTICE, that copies of the aforesaid proposed local law will be available for examination at the office of the Clerk of the Town of LaGrange, at the Town Hall, 120 Stringham Road, LaGrangeville, New York between the hours of 8:30 a.m. and 4:00 p.m. on all business days. TAKE FURTHER NOTICE, that all persons interested and citizens shall have an opportunity to be heard on said proposal at the time and place aforesaid. DATED: LaGrangeville, New York June S, 2024 4 CHRISTINE O'REILLY-RAO TOWN CLERK June b, 2024 Cleric, Town of Beekman. Clerk, Town of East ltishkill Clerk, Town of Pleasant Valley Clerk, Town of Poughkeepsie Clerk, Town of Union Vale Cleric, Town of Wappinger Clerk, Town of Washington d�4/off,-w- coo TOWN OF LAGRANGGE CHRISTINE O'REILLY-RAO TOWN CLERK 120 STRINGHAM ROAD LAGRANGEVILLE, NY 12540 845-452-1830 845-452-2289 FAX Re: Town, of LaGrange Proposed Local Law Re: Town of LaGrange Local Law to establish a temporary moratorium on land use approvals for multi- family and residential mixed -used buildings. A Local Law of the Town of LaGrange, Dutchess County, New York, to establish a temporary moratorium on land use approvals for multi -family and residential mixed -used buildings. Dear Sir or Madam: On behalf of the Town Board, I forward a copy of the abstract of a proposed Local Law for review and comment. Should you have any comments please provide them to the Town Board prior to July 17, 2024. Sincerely, XI Christine O'Reilly Rao Town Clerk Enclosure NOTICE OF PUBLIC HEARING TAKE NOTICE, that the Town Board of the Town of LaGrange will hold a public hearing at the Town Hall, 120 Stringham Road, LaGrangeville, New York on July 17, 2024 at 7:00 o'clock, pm., on Local Law No. _ of the Year 2024, to establish a temporary moratorium on land use approvals for multi -family and residential mixed -used buildings." TAKE FURTHER NOTICE, that copies of the aforesaid proposed local law will be available for examination at the office of the Clerk of the Town of LaGrange, at the Town Hall, 120 Stringham Road, LaGrangeville, New York between the hours of 8:30 a.m. and 4:00 p.m. on all business days, except Tuesdays when the hours are between 8:30 a.m. and 3:30 p.m., between the date of this notice and the date of the public hearing. TAKE FURTHER NOTICE, that all persons interested and citizens shall have an opportunity to be heard on said proposal at the time and place aforesaid. DATED: LaGrangeville, New York June 5, 2024 ° ;r CHRISTINE O'REILLY-RAO TOWN CLERK Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-148 Meeting: 06/24/24 07:00 PM Department: Town Clerk Category: Appointments / Terminations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6204 Resolution Appointing Recreation Assistant In The Parks And Recreation Department, Senior Center Division WHEREAS, the position of Recreation Assistant is established on the Civil Service Roster for the Town of Wappinger, and WHEREAS, the Recreation Assistantjob tittle is in the Labor Class underthe Civil Service Rules of Dutchess County Human Resources with no minimum qualifications, and WHEREAS, the position of Recreation Assistant is within the bargaining unit covered bythe Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445 ("CBA"); and WHEREAS, the incumbent Recreation Assistant, Donna Lenhart, has offered her resignation from the position thatwas accepted bythe Town Board through Resolution 2024-140, and WHEREAS, the intention to fill the vacancy has been posted in accordance with the CBA, and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby appoints to the full-time civil service title Recreation Assistant, effective June 25, 2024. 2. The appointment is subject to the approval of the Dutchess County Department of Human Resources and is further subject to Civil Service Law and the Rules of New York State and the Dutchess County Department of Human Resources. 3. The Office of the Town Comptroller, Personnel Division shall file the paperwork necessary to effectuate this appointment with the Dutchess County Department of Human Resources and any other required agency. 4. The appointment is subject to a probationary term of not less than eight nor more than twenty-sixweeks in accordance with the rules of the Dutchess County Department of Human Resources. 5. Compensation for the Recreation Assistant shall be at a rate of $25.83 per hour and paid in accordance with the terms of the Collective Bargaining Agreement between the Town of Wappinger and Teamsters Local 445. COMMENTS - Current Meeting: kelly arm detheridge RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph D. Cavaccini, Al Casella SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 6/19/2024 4:07 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-149 Meeting: 06/24/24 07:00 PM Department: Town Clerk Category: Local Law Intro Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6207 Resolution Introducing Local Law No. 2 Of 2024 Which Would Amend Chapter 217, Zoning, Of The Town Code With Respect To A Variety Of Definitions WHEREAS, the Town Board is considering the adoption of Local Law No. 2 of 2024 which would amend Chapter 217, Zoning, of the Town Code with respect to a variety of matters; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 217, Zoning, Chapter 217, Subdivision of Land of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 2 of 2024 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 2 of 2024 for 7:00 PM on the 8 day of July, 2024 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than five (5) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public Updated: 6/25/2024 12:25 PM by Joseph P. Paoloni Page 1 Resolution 2024-149 Meeting of June 24, 2024 hearing notice to the municipal clerk of each abutting municipality not less than five (5) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation prior to said public hearing. COMMENTS - Current Meeting: Matters was changed to Definitions RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 6/25/2024 12:25 PM by Joseph P. Paoloni Page 2 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Draft: 6-20-24 Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 2 of the year 2024 A local law entitled "A Local Law 2 of the year 2024 for the Purpose of Amending Chapter 217, Zoning, of the Town Code with Respect to a Variety of Definitions." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) LOCAL LAW No. 2 OF THE YEAR 2024 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. 2 of 2024, for the Purpose of Amending Chapter 217, Zoning, of the Town Code with Respect to a Variety of Matters." Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapter 217, Zoning, of the Town Code with respect to a variety of matters. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3. Amendments to Chapter 217, Zoning 1. Section 217-9 Definitions, shall be amended to read as follows: § 217-9(a). Word usage. 1. Except where specifically defined herein, all words in this chapter shall carry their customary meanings. 2. The word "shall" is always mandatory. The word "may" is always permissive. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and 'occupied for." § 217-9 (b). Definitions. APPLICANT, SUBDIVIDER —Any person, firm, corporation, partnership, association or other entity who or which shall lay out any subdivision or re -subdivision, or part thereof, either on behalf of himself or for another or others. ATTORNEY or TOWN ATTORNEY — The Attorney of the Town of Wappinger. BUILDABLE AREA—The space remaining on a lot after the minimum yard, area and bulk requirements of this chapter have been met. BUILDABLE LOT — A lot having a buildable area capable of accommodating proposed principal and accessory improvements, and including, where required, an on-site water supply facility and sewage treatment system that meet the standards of the Dutchess County Department of Health. A buildable lot shall also adjoin and have access to an improved street. BUILDABLE YIELD — The number of potential building lots or the maximum unit density for a proposed subdivision after deduction of constrained land areas and public improvements on the parent parcel and the minimum yard, area and bulk requirements for each proposed lot have been met. 2 BUILDING CODE — The official New York State Uniform Fire Prevention and Building Code as adopted by the Town Board, together with any and all amendments thereto. BUILDING PERMIT — An application form for a building permit or use permit obtainable from the Building Inspector or his or her appointed assistant. CERTIFICATE OF OCCUPANCY — A permit to occupy and use a building. CLUSTERING — shall mean a subdivision plat or plats, in which the applicable zoning ordinance may be modified what is allowed to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping as is what is legally required within the town code in order to preserve the natural and scenic qualities of open lands providing it is in a zone that permits its use. COLLECTOR ROAD — Is a County or a State Road. The purpose of a collector road is to carry traffic from town roads to various parts of the town and is designated as such on the Town Development Plan. Town Code, page 286. CONCEPTUAL SUBDIVISION PLAN — A conceptual sketch made on a topographic survey map, showing the proposed subdivision in relation to existing conditions and with reference to the minimum lot and area requirements of the zoning district in which the property is located including proposed to counts, layout and provisions for water and sewer systems. Reference 217-11. CONCEPTUAL SUBDIVISION PLAN REVIEW — The review of a conceptual layout of a proposed subdivision by the Town and Planning Board. The review does not ensure that the proposed subdivision meets the minimum lot and area requirements. This is the responsibility of the applicant. A conceptual review determination shall not relieve the person from the responsibility of obtaining any required permits and shall be contingent upon the submission of such detailed plans, specifications and information as may be required for permit applications. A conceptual review determination shall remain in effect indefinitely for the proposed business undertaking, project, or activity as described in the master application and any additional information submitted as part of the conceptual review, provided, however, that if new permit requirements or related standards, over which a state agency has no control or discretion in establishing the effective date thereof, subsequently become effective, such new permit requirements or standards shall not be considered to have been part of the conceptual review determination.. CONDITIONAL APPROVAL—Approval by the Planning Board of a preliminary or a final plat subject to such conditions as may be set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the Office of the County Clerk. CURB — A low barrier usually along the pavement line of a street, road or highway, controlling surface drainage and separating vehicular areas from pedestrian and/or landscaping areas. DISTURBANCE –All land preparation activities involving the movement, placement, removal, transfer or shifting of trees, soil and/or vegetation, including, but not limited to, clearing, draining, filling, grading, regrading or the building of structures or the placement of improvements on land, including the construction of individual sidewalks, paths, roads or driveways. The condition of land disturbance shall be deemed to continue until the area of disturbance is returned to its original state or to a state complying with a permit for such disturbance granted in accordance with this chapter. 3 EASEMENT — A recorded acquired right of use on the property of another. ENGINEER or TOWN ENGINEER — The duly designated engineer of the Town of Wappinger or the Superintendent of Highways, or the consultant or engineer employed by or assigned to the Planning Board. FINAL PLAT — A drawing prepared by a New York State licensed professional engineer or land surveyor (with appropriate certification), in a manner prescribed by this chapter, showing a proposed subdivision and containing, in such additional detail as shall be provided by these regulations, all information required to appear on a preliminary plat and the modifications, if any, required by the Planning Board at the time of approval of a preliminary plat of such proposed subdivision if such preliminary plat has been so approved and which, if approved, may be filed or recorded by the owner in the Office of the Dutchess County Clerk. FINAL SUBDIVISION PLAT APPROVAL — The signing of a plat in final form by a duly authorized officer of the Planning Board pursuant to a Planning Board resolution granting final approval to the plat or after conditions specified in a resolution granting conditional approval of the plat are completed. Such final approval qualifies the plat for recording in the Office of the County Clerk. GRADING —The alteration of the surface or subsurface conditions of land, lakes, ponds or watercourses by excavation or filling to a depth greater than six inches. INTERIOR LOT — A lot enclosed on all sides by other lots and not abutting a public street. LAND DEVELOPMENT ACTIVITY - Construction activity, including tree removal, clearing, grading, excavating, soil disturbance or placement of fill that results in any land disturbance, or activities disturbance land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. LOT — Land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by Chapter 240 for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of state law to be adequate as a condition of the issuance of a building permit for a building on such land. LOT LINE REVISION, LOT LINE AMENDMENT—A change in the location of a boundary between two or more lots within a previously approved plat, filed in the Dutchess County Clerk's Office. OFFICIAL MAP — A map established by the Town Board, showing street, highways and parks theretofore laid out, adopted and established by law and any amendments thereto adopted by the Town Board or additions thereto resulting from approval of subdivision plats by the Planning Board and the subsequent filing of such approved plats. OPEN SPACE — Land or water undeveloped and left in a natural state for conservation or cultivated for agricultural purposes or landscaped and improved for scenic purposes or recreational purposes, and devoted to active or passive recreation, or devoted to the preservation of distinctive architectural, historic, geologic or botanic sites, scenic views, or other open space qualities. The term shall not include wetlands, land that is paved, used for the storage, parking or circulation of automobiles, or occupied by any structure unless such structure serves the agricultural, scenic, recreational, or other open space use, or enhances access thereto and use thereof. Open space 2 may be included as a portion of one or more large lots or may be contained in one or more separate open space lots but shall not include private yards within 100 feet of a principal structure. OPEN SPACE, USABLE—An unenclosed portion of the ground of a lot which is not devoted to driveways, access roads, parking spaces; which is free of structures that would interfere with the functionality of the open space and the intended use of the property; which is available and accessible to all occupants of the building or buildings on said lot, or on a separate dedicated lot as part of a common development scheme, for purposes of active or passive outdoor use. OWNER — The owner of record of a tract or parcel, the subdivision of which requires approval of the Planning Board, or a person or persons holding an option to purchase a tract or parcel, contingent only upon receipt of Planning Board approval of a proposed subdivision of such tract or parcel. The owner may be represented by a duly authorized agent or representative in the conduct of business before the Board, except in those instances specified hereafter that require the appearance of the owner in person. PARENT PARCEL — A parcel of land legally in existence on the effective date of this chapter. For purposes of this chapter, the parent parcel shall be deemed to be that lot, parcel or tract of land owned by the person or persons as shown on the records of the Town of Wappinger Assessor's Office as of the effective date of this chapter. PLAT — The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, will be submitted to the County Clerk for recording (See §§ 276, 277, 278, 279 and 280-a of the Town Law of the State of New York). PRELIMINARY LAYOUT — A preliminary drawing showing the proposed layout of a subdivision which is submitted to the Planning Board for its consideration and conditional approval. PRELIMINARY PLAT — A drawing prepared in the manner prescribed in this chapter showing the layout of a proposed subdivision, including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities, including preliminary plans and profiles, at suitable scale and in such detail as this chapter requires. PRELIMINARY PLAT APPROVAL — The approval of a proposed subdivision as set forth in a preliminary plat, but subject to the approval of the final plat in accordance with the provisions of this chapter. RESOURCE ANALYSIS —A map depicting the environmental conditions of a lot, including, but not limited to, the location of soils, wetlands, water bodies, rock outcrops, vegetation, slopes, and man-made improvements on a lot, prepared as part of a conceptual subdivision plan review. ROADWAY — The portion of the street which is paved and ordinarily used for vehicular traffic (also see "street"). STREET — A way for vehicular traffic, whether designated as a street, highway, throughway, thoroughfare, avenue, boulevard, road, parkway, right-of-way, lane, place or court or however otherwise designated. An existing public way which affords principal means of access to abutting properties and is suitably improved; or a proposed access way shown on a plat approved by all appropriate official agencies. STREET, COLLECTOR — County or State Roads which carry traffic from Town Roads to various parts of the town. STREET, DEAD-END or CULS-DE-SAC — Those streets which are closed to traffic at one end. 5 STREET, LOCAL – Town Roads, i.e. those streets which are used primarily for access to the abutting properties. STREET LINE — The dividing line between the street right-of-way and a lot. STREET PAVEMENT — The wearing or exposed surface of the roadway used by vehicular traffic STREET RIGHT-OF-WAY WIDTH — The width of the right-of-way or the distance between property lines, on opposite sides of a street. SUBDIVIDER — Any person, firm, corporation, partnership or association which shall lay out, for the purpose of development and/or sale, any subdivision, as defined herein, either for himself, herself, itself or for others. SUBDIVISION — The division of any parcel of land into two or more lots, plots, sites or other division of land, with or without streets, for the purpose of immediate or future sale or building development. SUPERINTENDENT — The duly elected Superintendent of Highways of the T own of Wappinger, New York. TOWN PLAN, MASTER PLAN, COMPREHENSIVE PLAN—The Comprehensive Plan that was adopted in 2010 that identified the goals, objectives, principles, guidelines, and policies for the immediate and long-range protection, enhancement, growth and development of the Town. Resolutions to amend this Plan or parts of this Plan must precede changes to zoning. 0 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER, NEW YORK NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the 8th day of July 2024, at 7:00 PM at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt Local Law No. 2 of 2024 which would amend Chapter 217, Zoning, of the Town Code with respect to a variety of definitions. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: June 24, 2024 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI Town Clerk Town of Wappinger