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2003-01-13 RGMTOWN OF WAPPINGER SUPERVISOR JOSEPH RUGGIERO Call to Order Roll Call, Salute to the Flag SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-2744 FAX: (845) 297-4558 Monday, January 13, 2003 7:30pm Wappinger Town Hall AGENDA Suspension of Rules for Public Comment on Agenda Items Discussions: Town Preservation Law Scorssone Sewer Connection Neshiawat Rezone Workers Compensation Amending Local Law Empowering Zoning Administrator to Issue Tickets TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L, VALDATI Resolutions: 2003-39 Authorizing Change Order No. 6 for 99-2R Contract No. 6 2003-40 Resolution Authorizing King Escrow refund 2003-41 Resolution Authorizing Town of Wappinger VISA 2003-42 Resolution Authorizing the Town Board of the Town of Wappinger to Apply for Greenway Beautification Grants 2003-43 Resolution Authorizing Talaber Escrow Refund 2003-44 Resolution Authorizing Eilert Escrow Refund 2003-45 Resolution Authorizing the Attendance of the Association of Towns, and Designation of Voting Delegates and Alternate for the Annual Business Meeting 2003-46 Resolution Awarding Robinson Lane Lighting Contract 2003-47 Resolution Approving Veterinary Services Agreement 2003-48 Resolution authorizing Execution of MVK Stipulation 01/13/2003.WS The Workshop Meeting of the Town of Wappinger was held on January 13, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent DISCUSSIONS: • Town Preservation Law. Michael Brown, grant specialist consultant with J. Kenneth Fraser and Associates explained the Certified Local Government Program and the benefits of becoming a member which would allow the town to obtain additional money for Greystone and other historic properties. Al Roberts, Attorney to the Town went over the steps that must be taken to adopt a town historic preservation law in order for the town to participate in the program. Consultants to research further and get back to the board regarding legislation. • Scorsone Sewer Connection. Councilman Valdati moved to table pending further research and authorize Supervisor Ruggiero to forward request to Tri -Muni for permission. Seconded by Mr. Valdati Motion Unanimously Carried • Nesheiwat Rezone. Al Roberts, Attorney to the Town, Dan Wery Town Planner and Jay Paggi, Engineer to the Town to review modified application and draft legislation to introduce Local Law and set a Public Hearing. • Workers Compensation. (Pulled) • Amending LL Empowering Zoning Administrator to Issue Tickets. Al Roberts, Attorney to the Town and Dan Wery, Town Planner to draft Local Law to include Zoning Administrator, Deputy Building Inspector and Deputy Zoning Administrator. RESOLUTION NO. 2003-039 RESOLUTION AUTHORIZING CHANGE ORDER FOR 99-2(R) CONTRACT NO.6 The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. 1 01/13/2003.WS WHEREAS, the Town of Wappinger previously authorized the formation of the Wappinger Water Improvement Area -1999-2 (R), hereinafter referred to as "1999-2(R)", for the purposes of constructing a supplemental water supply to various Water Districts and Improvement Areas in the Town; and WHEREAS, among the improvements to be made by the1999-2 (R) was the construction and installation of a dedicated pressurized water line from the Atlas well field located adjacent to Wappinger Creek to the Hilltop Water Tank located on Cider Mill Loop in the Town of Wappinger, and WHEREAS, the construction and installation of the dedicated pressurized water line from the Atlas Wellfield to the Hilltop Water Tank was awarded to Clayton Industries, Inc. as the lowest responsible bidder pursuant to plans and specifications prepared on behalf of the Town; and WHEREAS, during the course of the construction and the installation of the 16" water main throughout subdivision know as Quiet Acres, Clayton Industries, Inc. has encountered a large amount of rock which substantially delayed the progress of the work and accordingly Clayton will not be able to complete the project as required by Contract; and WHEREAS, by letter dated November 2, 2002 to Paggi, Martin & Del Bene, LLP, the Town's engineers, Clayton Industries, Inc. has requested additional time to complete the work; and WHEREAS, the matter was referred to Paggi, Martin & Del Bene, LLP for recommendation and approval for said Change Order; and WHEREAS, Charles Del Bene, Jr., P.E. of Paggi, Martin & Del Bene, LLP has approved an extension of time and has recommended that the new Contract completion date be set at August 2, 2003 as per Mr. Del Bene's letter of December 4, 2002, a copy of which is affixed hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. The Town Board hereby approves Change Order No. #6 to Wappinger Water Improvement Area –1999-2 (R), Contract No. 6 between the Town and Clayton Industries, Inc. and by said Change Order hereby establishes the Contract completion date as August 2, 2003 for the reasons set forth in letter dated December 4, 2002 from Charles R. Del Bene, Jr., P.E. of Paggi Martin & Del Bene, LLP to the Town Board, a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye 2 F� 01/13/2003.WS JOSEPH PAOLONI, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-040 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 1352 ROUTE 376 The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, on or about December 12, 1997, Gregory King deposited Three Thousand Dollars ($3,000.00) with the Town of Wappinger in escrow to secure costs associated with the landscaping and driveway project at 1352 Route 376, Wappingers Falls, New York pursuant to Permit No. 97-459; and WHEREAS, the seeding and driveway requirements have now been satisfactorily completed and the return of the remaining escrow amount of Three Thousand Dollars ($3,000.00) has been recommended by Karl Seebruch, Building Inspector to the Town of Wappinger, in his letter dated December 5, 2002 to Supervisor Joseph Ruggiero and Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Three Thousand Dollars ($3,000.00) made payable to Gregory King, Permit No. 97-459 for the refund of the unused escrow funds deposited for the landscaping and driveway project. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-41 RESOLUTION AUTHORIZING THE TOWN OF WAPPINGER VISA The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, the Town of Wappinger finds that the use of a credit card in certain transactions is necessary and proper to insure the most efficient execution of appropriate governmental purposes; and WHEREAS, the Town of Wappinger wishes to enter into a VISA Business Card Credit Agreement with Fleet Bank to provide such credit privileges for the Town of Wappinger 3 01/13/2003.WS THEREFORE, BE IT RESOLVED, that Joseph Ruggiero, Supervisor, is authorized to execute an agreement with Fleet Bank for the purpose of obtaining credit card privileges with total credit limit of Twenty Thousand Dollars ($20,000). Such limit in combination with the Town of Wappinger's other net indebtedness does not cause the Town of Wappinger to exceed the debt limit applicable to such Town of Wappinger, and the Town of Wappinger resolves to take all necessary actions to ensure that such total credit card debt limit will not, in the future, cause the Town of Wappinger to exceed its debt limit; and BE IT FURTHER RESOLVED, that the prime holder is authorized to receive all statements regarding this account. The following named persons shall be authorized to receive additional cards for their use in carrying out their official duties in the limit set forth opposite his name; 1) Joseph Ruggiero, Supervisor BE IT FURTHER RESOLVED, that Joseph Ruggiero, Supervisor, or his successor, shall be authorized to amend the list of persons authorized to receive cards as necessary from time to time; and BE IT FURTHER RESOLVED, that the form of the Fleet Bank VISA statement complies with all of the Town of Wappinger's claim requirements established by the Town of Wappinger pursuant to applicable law and that the officer who incurs the expense set forth in a statement submitted from payment shall approve such claim and verify that the services to which such expenses were obtained by such officer; and BE IT FURTHER RESOLVED, that the Town of Wappinger will pay out of previously allocated funds, or funds received in the current fiscal year, for any outstanding credit card debt incurred under the Agreement for long term debt not fully payable out of current revenues or previously allocated funds; the Town of Wappinger will pay the outstanding balance each month. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye The Resolution his hereby duly declared adopted. RESOLUTION 2003-042 RESOLUTION AUTHORIZING THE TOWN BOARD OF THE TOWN WAPPINGER TO APPLY FOR GREENWAY BEATIFICATION GRANTS The following Resolution was introduced by Councilman Colsey seconded by Councilman Paoloni. 4 01/13/2003.WS WHEREAS, the Town Board of the Town of Wappinger, a designated Compact Community member of the Hudson River Valley Greenway will submit to the Greenway an application for $10,000 in grant funds to assist in the beautification for the Town of Wappinger; and WHEREAS, the Supervisor of the Town of Wappinger has requested authorization from the Town Board of Wappinger to file a grant application to the Hudson River Valley Greenway for said purposes. NOW THEREFORE, BE IT RESOLVED, that Joseph Ruggiero, Supervisor of the Town of Wappinger is hereby authorized and directed to file an application for funds from the Hudson River Valley Greenway in an amount not to exceed $10,000 and upon approval of said request, to enter into and execute a project agreement with the Hudson River Valley Greenway under the auspices of the State of New York for such financial Assistance to the Town of Wappinger. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-043 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 9 MAPLE PATH The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, on or about March 2002, Lisa Talaber deposited Six Thousand, Seven Hundred, Fifty Dollars ($6,750.00) with the Town of Wappinger in escrow to secure costs associated with the driveway project at 9 Maple Path, Fishkill, New York pursuant to Permit No. P01125; and WHEREAS, driveway requirements have now been satisfactorily completed and the return of the remaining escrow amount of Two Thousand Dollars ($2,000) has been recommended by Graham Foster, Highway Superintendent to the Town of Wappinger, in his letter dated December 16, 2002 to the Town of Wappinger Building Inspector Karl Seebruch. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 5 01/13/2003.WS 2. Payment is approved in the amount of Two Thousand Dollars ($2,000.00) made payable to Lisa Talaber, Permit No. P01125 for the refund of the unused escrow funds deposited for a driveway project. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-044 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FROM 34 SHERWOOD HEIGHTS The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS on or about May 24, 1998, Lou Jean Homes deposited Seven Hundred, Fifty Dollars ($750.00) with the Town of Wappinger in escrow to secure costs associated with the black top apron and site work at lots 1 and 3 of 34 Sherwood Heights, Wappingers Falls, New York pursuant to Permit No. P86-283; and WHEREAS, the requirements have now been satisfactorily completed and the return of the remaining escrow amount of Seven Hundred, Fifty Dollars ($750) has been recommended by Sal Morello, Deputy Building Inspector to the Town of Wappinger, in his letter dated December 24, 2002 to Supervisor Joseph Ruggiero and Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Seven Hundred, Fifty Dollars ($750) made payable to Catherine Eilert, Permit No. P86-283 for the refund of the unused escrow funds deposited for the driveway apron and site work. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-45 RESOLUTION AUTHORIZING ATTENDANCE TO THE ASSOCIATION OF TOWNS, AND DESIGNATION OF VOTING 01/13/2003.WS DELEGATE AN ALTERNATE FOR THE ANNUAL BUSINESS MEETING The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, the annual meeting of the Association of Towns of the State of New York will be held on February 16, 17, 18 and 19, 2003; and WHEREAS, the Town of Wappinger is required to designate a Voting Delegate and Alternate to attend the Annual Business Session of the Association of Towns of the State of New York; THEREFORE, BE IT RESOLVED, that the Town Board members, Planning Board members, Zoning Board members, and Comptroller are hereby authorized to attend the Annual Meeting of the Association of Towns of the State of New York; and BE IT FURTHER RESOLVED, that Joseph Ruggiero is hereby designated to attend the Annual Business Session of the Association of Towns of the State of New York and a Voting Delegate; and BE IT FURTHER RESOLVED, that Joseph Paoloni is hereby designated as an alternate for the Annual Business Meeting of the Association of Towns of the State of New York. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-046 RESOLUTION AWARDING CONTRACT FOR ROBINSON LANE LIGHTING The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni WHEREAS, the advertisements for bids for Robinson Lane Lighting Project were published in the Southern Dutchess News and the Poughkeepsie Journal on December 18, 2002; and WHEREAS bids were opened on January 10, 2003 and reviewed by Sandy Kosakowski, Deputy Town Clerk of the Town of Wappinger; and WHEREAS the bids were as follows: Pantel Contracting Stilsing Electric 7 Base $420,000 A $280,000 B $160,000 Total $860,000 Base $358,580 01/13/2003.WS A $214,000 B $103,800 Total $676,380 All Bright Electric Base $812,490 A $285,200 B $159,150 Total $1,256,790 P&D Electric Base $556,000 A $330,000 B $159,150 Total $999,900 Ray S. Pantel, Inc. Base $419,300 A $284,500 B $133,000 Total $836,800 WHEREAS, Eric Fellenzer of Fellenzer Engineering has provided an award recommendation to the Town Board. NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. The Contract for the Robinson Lane Lighting is hereby awarded to Stilsing Electric doing business at PO Box 27, Rensselaer, New York in the amount of Six -Hundred, Seventy -Six Thousand, Three Hundred, Eighty Dollars ($676,380) in accordance with the award recommendation letter to be submitted at the Town Board Meeting from Eric Fellenzer of Fellenzer Engineering, to the Town Supervisor. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-047 RESOLUTION APPROVING EXECUTION OF VETERINARY SERVICES AGREEMENT WITH THE ANIMAL HOSPITAL OF WAPPINGERS FALLS The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, the Town Dog Control Officer, Jerry Owen, is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law 118; and F� AGREEMENT THIS AGREEMENT, made this _ day of January, 2003 by and between the following: TOWN OF WAPPINGER, A Municipal Corporation, with offices at Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590, hereinafter referred to as "TOWN" and DANIEL J. HANNIGAN, D.V.M., P.C. d/b/a ANIMAL HOSPITAL OF WAPPINGERS FALLS, with offices located at 79 Myers Corners Road, Wappingers Falls, New York 12590, hereinafter referred to as the "HOSPITAL" WITNESSETH: WHEREAS, the TOWN wishes to establish a shelter for the dogs seized by the TOWN Dog Control Officer pursuant to of Agriculture and Markets Law § 115; and WHEREAS, the TOWN wishes to lease by this Agreement certain kennels from the HOSPITAL for the purposes of providing shelter for dogs impounded by the TOWN Dog Control Officer and to otherwise satisfy its obligations under the provisions of the Agriculture and Markets Law; and WHEREAS, the parties desire to have the HOSPITAL perform certain services hereinafter defined while dogs are confined to said kennels; and WHEREAS, the HOSPITAL maintains a kennel for the boarding of dogs, cats and other animals located at 79 Myers Corners Road, Wappingers Falls, New York 12590, hereinafter referred to as the PREMISES; and 1 WWAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc WHEREAS, the TOWN seeks to safeguard the health, safety and welfare of its residents through immunization and mandatory spay/neuter of dogs and other animals, as well as euthanasia as necessary, pursuant to Agriculture and Markets Law §377-a. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Recitations. The recitations above set forth are incorporated in this Agreement as if fully set forth and adopted herein. 2. Lease of Cages/ Rent. A. Cages. The HOSPITAL hereby leases to the TOWN, and the TOWN hereby leases from the HOSPITAL, eight (8) cages for dogs seized by the TOWN Dog Control Officer situated in an existing kennel building of the HOSPITAL at the PREMISES. Said leased kennels are to be labeled "Leased by the Town of Wappinger." The HOSPITAL shall keep such cages reasonably sanitary and clean and shall assume that each animal brought to the PREMISES by the TOWN Dog Control Officer is properly sheltered, fed and watered for the redemption period specified in §68- 8 of the Code of the Town of Wappinger. B. Rent. The annual rent shall be Six Thousand Dollars ($6,000) which the TOWN will pay to the HOSPITAL in equal monthly installments in the sum of Five Hundred Dollars ($500) per month payable on the first of each month following the execution of this Agreement. 2 O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc err 3. Shelter of Animals. A. Unlicensed and Unidentified Animals. All unlicensed or unidentified animals, except cats, brought to the PREMISES by the TOWN Dog Control Officer shall be kept at the PREMISES for five (5) days, unless: i. the TOWN requests that the HOSPITAL hold an animal for a longer period, ii. the animal is redeemed by its owner before the expiration of the redemption period, iii. the fifth day falls on a day that the HOSPITAL is not open for business, or iv. the Dog Control Officer fails to pick up the animal 1%W before the close of the HOSPITAL'S business day. v. Cats shall be kept for one (1) day. B. Licensed Animals. All licensed animals brought to the PREMISES by the TOWN Dog Control Officer shall be kept at the HOSPITAL'S PREMISES for a period of seven (7) days, unless: i. the TOWN requests that the HOSPITAL hold an animal for a longer period, ii. the animal is redeemed by its owner before the \ expiration of the redemption period, iii. the seventh day falls on a day that the HOSPITAL is not open for business, or 9 0:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc iv. the Dog Control Officer fails to pick up the animal before the close of the HOSPITAL'S business day. C. Adoption. At the expiration of the above mentioned periods of redemption, the owner shall forfeit title to any animal unredeemed and said animal shall than be made available for adoption or euthanasia pursuant to Agriculture and Markets Law and §68-9 of the Town Code. 4. Fees and Charges. A. Boarding Rates. The daily boarding rate per dog, notwithstanding the size of animal, shall be $9 per diem. The daily boarding rate per cat, notwithstanding the size of animal, shall be $6 per diem. B. Euthanasia and Cremation. The HOSPITAL shall be paid for euthanazing or cremating an animal in accordance with the following schedule: i. Euthanasia Charge: 0 For a Dog: $10 • For a Cat: $10 ii. Cremation Charge: • For a Dog: 25 pounds - $20 26-50 pounds - $25 50-75 pounds - $35 76 — 100 pounds - $45 Over 100 pounds - $65 • For a Cat: $20, notwithstanding the size of animal M O:\WAPPINGE\Town Board\DogWardenAgt\AGPEEMENT.doc C. Inoculations. All dogs admitted to the HOSPITAL shall be vaccinated against canine -distemper; infectious bronchitis and rabies. The TOWN shall be responsible for the costs of the following vaccinations: i. Rabies: $20 ii. DHL-PPVC: $20 iii. Bordatella: $10 iv. Fecal Exam: $14 V. Heartworm test: $15 D. Other fees. In the event an animal requires treatment other than identified herein and such treatment is approved by the Dog Control Officer and/ or Town Supervisor, the HOSPITAL shall charge the Town seventy-five (75%) of the rate normally charged by the HOSPITAL for such treatment. 5. Pavment of Costs Prior to Adoption/ Redemption of Animals. The redemption (recovery) of animals by their owners shall be processed and all fines, fees and costs shall be collected by the TOWN prior to redemption or adoption of an animal in accordance with the requirements of the Agriculture and Markets Law as well as the provisions of Chapter 68 of the Town Code. The HOSPITAL shall be authorized to release identified animals to the owner upon proof of ownership and upon proof of payment by the owner of all fines, fees and costs of impoundment together with the costs of medical treatment and costs of licensing fees, if any. Fees and costs charged by the HOSPITAL shall be transmitted to the Town Clerk by monthly invoices together with such other documentation as prescribed by the Town Comptroller. Upon payment of such fees and costs, the Town Clerk shall notify the HOSPITAL in 5 O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doe writing thereby authorizing the HOSPITAL to release the animal to the owner. No animal shall be released unless the owner has a current and valid license for such animal. If no such current and valid license exists, a license must be purchased as a precondition of redemption of said animal. 6. Adoption. A. The HOSPITAL shall arrange for the adoption of dogs upon payment of all outstanding fines, fees and costs by the person(s) seeking the adoption of said dog(s). All unidentified dogs are to be eligible for adoption on the sixth day from impoundment. Identified or claimed dogs are to be eligible for adoption on the eighth day following notification of impoundment to the owner. The HOSPITAL may also adopt for its own purposes any impounded dogs after the same prescribed periods and upon payment by the HOSPITAL of all outstanding fees and costs. B. Pursuant to §377-a of the New York State Agriculture and Markets Law attached hereto and made a part hereof as Exhibit "A", the HOSPITAL further agrees not to release a cat or dog for adoption to any person unless prior thereto either: 1. the dog or cat has been spayed or neutered; or 2. the person intending to adopt the dog or cat shall have executed a written agreement with the HOSPITAL ensuring that the dog or cat will be spayed/neutered within thirty (30) days from the adoption date, or in the case of a dog or cat which has not reached sexual maturity, within thirty (30) days following the dog or cat reaching six (6) months of age. Written O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT. doc documentation must be made of adoption stating adoption date, animal age, reproductive state and if a Thirty Five Dollars ($35) refundable deposit was collected. Any person seeking to adopt a dog or cat that has not yet been spayed/neutered must further post a refundable spay/neuter of Thirty Five Dollars ($35) in conjunction with their written agreement with the HOSPITAL ensuring that the dog or cat to be spayed/neutered within thirty (30) days from the adoption date or within thirty (30) days of the dog or cat reaching six (6) months of age. Animals that may not be spayed/neutered within the time afforded by §377-a of the Agriculture and Markets Law because of advanced age or other health reasons shall be exempt from such procedures upon certification from the HOSPITAL that the animal has been examined and surgery would endanger the life of said animal. 7. Payments. The HOSPITAL shall paid for all services rendered pursuant to their Agreement upon preparation of monthly invoices or vouchers approved by the TOWN and upon review and audit by the Town Board or the Town Comptroller. 7 O:\WAPPINGE\Town Board\DogWardenAgtWGPEEMENT.doc ` 8. Basic Care. From time to time, when any of the kennels leased by the TOWN have dogs, cats and other animals placed therein by the Dog Control Officer, the HOSPITAL agrees to provide the following services for said animals: I . provide daily food and water in accordance with accepted practices; 2. maintain the kennel area in a clean and wholesome manner; 3. maintain shelter records of dogs/ animals received from the Dog Control Officer. 9. Treatment of Younz, Iniured or III Animals. Injured or ill animals will be treated at the TOWN'S expense including emergency medical treatment to dogs as the HOSPITAL, in its professional discretion, deems appropriate, however, prolonged treatment will not be provided to dogs in a poor state of health or to unidentified dogs that, in the HOSPITAL'S opinion, are unlikely to be adopted. Further, distemper shots shall be administered to puppies which have a reasonable prospect for adoption according to the opinion of the HOSPITAL. Unhealthy litters will be euthanized at the discretion of the HOSPITAL. All services provided by the HOSPITAL shall meet the minimum standards prescribed by applicable governmental rules and regulations. 10. Term. The term of this Agreement shall be for the period commencing on the date hereof and shall continue until terminated by either party upon thirty (30) days E 0:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc advance written notice to the other party in accordance with Paragraph 14 of this Agreement. 11. Hours of Operation. The TOWN through its Dog Control Office shall have access to the kennels leased pursuant to this Agreement during the HOSPITAL'S normal business hours: 7:30 a.m. to 8:00 p.m. on Mondays, Tuesdays and Wednesdays; 7:30 a.m. to 6:00 p.m. on Thursdays and Fridays; 8:00 a.m. to 4 p.m. on Saturdays; and 9 a.m. to 12:00 p.m. on Sundays. The Dog Control Officer shall also be provided with a key to the PREMISES allowing for access to the leased kennels after normal business hours. 12. Indemnification. The HOSPITAL shall defend, indemnify and hold the TOWN, its officials, officers and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful acts or admissions of the HOSPITAL. The TOWN shall defend, indemnify and hold the HOSPITAL, its officials, officers and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful acts or admissions of the TOWN. 13. Insurance. During the term of this Agreement, the HOSPITAL shall maintain comprehensive general liability insurance issued by carrier authorized to issue such insurance in the State of New York with a Best Rating of "A" in the amount of at least 9 O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc One Million Dollars (S 1,000,000), naming the TOWN as an additional insured and providing for at least thirty (30) days notice of cancellation. 14. Notices. All notices and written communications between the parties to this Agreement, except the HOSPITAL'S invoices/vouchers and TOWN'S remittances, shall be deemed to have been delivered upon receipt or refusal of delivery of regular mail and with a copy of same via facsimile to the following addresses: If to the TOWN: Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Hon. Gloria Morse, Town Clerk Facsimile No. 845-297-4558 and If to the HOSPITAL: Animal Hospital of Wappingers Falls 79 Myers Corners Road Wappingers Falls, New York 12590 Attention: Dr. Stephen Crew Facsimile No. 845-297-2402 Any party that wishes to change the address to which notice is to be sent may do so by like notice. Any officially elected successor TOWN representative will be deemed to have been changed as to this notice provision by virtue of his/ her assumption of their office. All notices regarding defaults shall be transmitted by both mail and facsimile. 15. Applicable Law. This Agreement shall be construed in accordance with the laws of the %W State of New York. 10 O:\WAPPINGE\Town Board\DogWardenAgt\AGPEEMENT.doc 16. Benefit. This Agreement shall be binding upon inure to the benefit and burden of and shall be enforceable by the parties and their respective successors and assigns. 17. Entire AL-reement. This Agreement constitutes the entire agreement among the parties hereto. There are no other agreements, representations, or warranties beyond those that are set forth herein. All prior negotiations, agreements and understandings are superceded hereby. This Agreement may not be amended or revised except in writing by the parties hereto. IN WITNESS WHEREOF, the parties have reviewed, signed and accepted this Agreement of the day and the year herein indicated. Dated: Dated: O:\WAPPINGE\Town Board\DogWardenAgt\AGPEEMENT.doc TOWN OF WAPPINGER By: Hon. Joseph Ruggiero, Supervisor DANIEL J. HANNIGAN, D.V.M., P.C. d/b/a ANIMAL HOSPITAL OF WAPPINGERS FALLS, 11 By: Dr. Stephen Crew MANDATORY SPAY/NEUTER OF ADOPTED ANIMALS LAWS OF NEW YORK, 2001, CHAPTER 387 The mandatory spay/neuter of animals adopted from animal adopting organizations was signed into law October 31, 2001, with the approval of the Governor. It was passed by a majority vote, three-fifths being present, of the NYS Legislature and was effective November 1, 2001. Article 26 of the NYS Agriculture and Markets Law is amended by adding a new section 377-a to read as follows: § 377-a. Spaying and neutering of dogs and cats. 1. The legislature finds that the uncontrolled breeding of dogs and cats in the state results in an overabundance of puppies and kittens. More puppies and kittens are produced than responsible homes for them can be provided. This leads to many of such animals becoming stray and suffering privation and death, being impounded and destroyed at great expense to the community and constituting a public nuisance and health hazard. It is therefore declared to be the public policy of New York state that every feasible humane means of reducing the production of unwanted puppies and kittens be encouraged. 2. No animal shelter, pound, dog control officer, humane society, dog or cat protective association. or duiv incorporated society for the arevention of cruelty tc animals shall reiease any Coe or cat for acoDUo^ c anv oersen :mess prior theretc ia; me dog or cat nas been sGavec or neuterec: (b) the person intending to adopt the dog or cat snall have executea a written agreement with the animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals, to have the dog or cat spayed or neutered within thirty days from the adoption date, or in the case of.a dog or cat which has not yet reached sexual maturity, within thirty days of the dog or cat reaching six months of age. The person intending to adopt the dog or cat shall deposit with the animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals, an amount of not less than thirty-five dollars. Not more than every two years, the commissioner, after holding a public hearing, may raise the amount to be deposited to reflect rising costs; or (c) the person intending to adopt the dog or cat shall have executed a written agreement with the animal shelter, pound, dog control officer, humane society, dog or cat protective association or society for the prevention of cruelty to animals to have the dog or cat spayed or neutered within thirty days from the adoption date, or in the case of a dog or cat which has not yet reached sexual maturity, within thirty days of the dog or cat reaching six months of age. The person intending to adopt the dog or cat shall have paid an adoption fee which includes the cost of the spay or neuter prr edure. The written agreement shall require that the animal shelter, pound, dog co;1trol officer, humane society, dog or cat protective association or society for the prevention of cruelty to animals from which the dog or cat is adopted bear the cost of the spay or neuter procedure. 3. For the purposes of this section, the age of the animal at the time of adoption shall be determined by the animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals that releases the animal for adoption and such age shall be clearly written on the written agreement by the animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals, prior to the agreement being executed by the person adopting the animal. 4. Any deposit collected pursuant to paragraph (b) of subdivision two of this section that is not claimed within ninety days of its collection, or if the deposit is for an animal under six months of age, within sixty days after the animal has reached six months of age, shall be deposited in the animal population control fund established pursuant to section ninety-seven-xx of the state finance law. Deposits collected pursuant to paragraph (b) of subdivision two of this section shall be refunded to the adopter upon presentation to the animal shelter, pound, dog control officer, humane society, dog and cat protective association, or duly incorporated society for the prevention of cruelty to animals of written documentation from a licensed veterinarian that the dog or cat has been spayed or neutered, provided that the animal has been spayed or neutered within the time specified in the written agreement, or that because of old age or other health reasons, as certified by a licensed veterinarian examining the dog or cat, spaying or neutering would endanger the animal's iife. !Vothinc containeC ir~ tnis sectior snail creveni ani own. ;aiV vii lage New Y,cru sate ;ror: enamrinQ a iccca !aw cr -nrcinance reauirinc 11::m amma �- initerc pounds. dog controi officers, humane societies, dog or cat protective associations and duly incorporated societies for the prevention of cruelty to animals within such town, city, village or county spay or neuter dogs and cats prior to releasing such animals for adoption, provided that such local law or ordinance may require spaying or neutering at an age earlier, but in no event later than that required in this section, except where because of advanced age or other health reasons, as certified by a licensed veterinarian who has examined the dog or cat, spaying or neutering would endanger the life of the animal. A town, city, village or county in New York state that enacts such a local law or ordinance shall be exempt from the provisions of this section. Key Components of New Mandatory Spay/Neuter Law *111'' 1. Requires any cat or dog adopted from an organization (animal shelter, pound, dog control officer, humane society, SPCA and dog or cat protective association) to be spay/neutered prior to adoption OR 2. If not spayed/neutered or has not reached sexual maturity, person adopting must post a refundable spay/neuter deposit of $35.00 and agree to spay/neuter animal within 30 days of adoption (or 30 days of animal reaching 6 months of age) ♦ Written documentation must be made of adoption stating adoption date, animal age, reproductive state and if the $35 refundable deposit. collected ♦ Animal's age determined by animal organization at time of adoption ♦ $35 deposit refunded when: 1. adopting owner presents written documentation from licensed vet that animal has been spayed/neutered or 2. adopting owner presents written documentation from licensed vet that because of age or other health reasons, s/n would endanger the animal's life 3. If adoption fee includes cost of s/n, $35 deposit not required if: ♦ Written agreement executed for s/n dog or cat within 30 days of adoption (or if iess than 6 months. with 30 days of reaching 6 months) ♦ Animai organization must near the sin procedure cost as owner already paid for it in adoption fee ♦ Took effect November 1, 2001 (yes, it's already in effect) ♦ Unclaimed $35 deposits must be remitted to the Department and deposited in the NYS Animal Population Control Program: ♦ For animals over 6 months — within 90 days of adoption and deposit collection ♦ For animals less than 6 months — within 60 days after the animal has reached 6 months of age ♦ Towns, cities, villages and counties allowed to enact local laws and ordinances requiring can adopt local laws and ordinances requiring ♦ spaying and neutering at earlier age BUT ♦ cannot make a later age that required by this state law EXCEPT ♦ for animals which because of advanced age or other health reasons a licensed veterinarian certifies that the animal has been examined and s/n surgery would endanger life of animal. 01/13/2003.WS WHEREAS, in accordance with the Agriculture and Markets Law 115, the Town Board wishes to establish a shelter for dogs seized by the Town Dog Control Officer; and WHEREAS, Daniel J. Hannigan, D.V.M., P.C. d/b/a Animal Hospital of Wappingers Falls, (hereinafter referred to "HOSPITAL") maintains a kennel for boarding of dogs and other animals at its office located at 79 Myers Corners Road, Wappingers Falls, New York 12590; and WHEREAS, the Town Board wishes to enter into a Veterinary Service Agreement with HOSPITAL for purposes of leasing of cages for shelter of dogs and other animals and for providing other veterinary services required by the Town. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town of Wappinger hereby approves and authorizes the Supervisor to execute the Veterinary Service Agreement between the Town of Wappinger and Daniel J. Hannigan, D.V.M., P.C. d/b/a Animal Hospital of Wappingers Falls, in the form attached hereto and mart hereof as Exhibit «1„ 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute the Veterinary Service Agreement on behalf of the Town of Wappinger, for the term commencing immediately and terminating upon thirty (30) day written notice by party in accordance with the conditions contained with Paragraph 10 of Exhibit "1". The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-048 RESOLUTION AUTHORIZING EXECUTION OF STIPULATION OF SETTLEMENT RELATING TO ACTION AGAINST MVK LANDSCAPING, INC. The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, the Town of Wappinger has previously initiated a zoning enforcement action in the Dutchess County Supreme Court (Index No. 2000- 1919) against MVK Landscaping, Inc., Mark Van Kirk and Dianne M. Van O1/13/2003.WS Kirk relating to the use of the property located at 125 Myers Corners Road; and WHEREAS, the Town Board has confirmed that the Defendants MVK Landscaping, Inc., Mark Van Kirk and Dianne M. Van Kirk have brought the property into compliance with the provisions of the Zoning Code of the Town of Wappinger and the Town Board and the Defendants wish to settle the matter on mutual acceptable terms; and WHEREAS, the terms of settlement are embodied in a certain Stipulation and Settlement, a copy of which is annexed to his Resolution. NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that the terms and conditions set forth in the Stipulation of Settlement, a copy of which is annexed to this Resolution, are acceptable and are consistent with the terms an conditions of the Zoning code of the Town of Wappinger. 3. The Town Board hereby authorizes Supervisor Joseph Ruggiero and Attorney to the Town, Albert P. Roberts, to execute the Stipulation of Settlement in the form annexed hereto by and on behalf of the Town of Wappinger, in furtherance of settling and discontinuing the aforementioned action, subject to compliance with the terms and conditions stated therein by said Defendants. 4. Attorney to the Town, Albert P. Roberts, is hereby directed to forward the Stipulation of Settlement to the Hon. James D. Pagones, Acting Supreme Court Justice, Dutchess County, for the purposes of having said Stipulation "So Ordered" by said Justice, and thereafter, filing same in the Dutchess County Clerk's Office under Index No. 2000/1919. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye CHRISTOPHER COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. There was no other business to come before the board. Councilman Bettina moved to close the meeting, seconded by Councilman Colsey and unanimously carried. The meeting closed at 9:15 p.m. Gloria J. M Town Cler 10 I Final • December 4, 2002 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF WAPPINGER, Plaintiff, STIPULATION OF SETTLEMENT -against- INDEX NO: 2000/1919 MVK LANDSCAPING, INC., MARK VAN KIRK and DIANNE M. VAN KIRK, Defendants. WHEREAS, Defendants, Mark A. Van Kirk and Dianne M. Van Kirk, are the owners of a 10.681 acre parcel of property located at 125 Myers Comers Road, in the Town of Wappinger, State of New York, Tax Map Parcel No. 19-6258-03-165180, (hereinafter the "Property'); and WHEREAS, the Property is situate in an R-20 residential zoning district; and WHEREAS, Defendant, MVK Landscaping, Inc., is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York and is engaged in the nursery business, and the sale of plants, trees, shrubs, accessory farm produce and greenhouse products as well as a incidental landscaping business; and WHEREAS, Mark A. Van Kirk and Dianne M. Van Kirk are the sole shareholders, officers and directors of MVK Landscaping, Inc.; and WHEREAS, in the Spring of 1992, Defendant, Mark A.Van Kirk, on behalf of himself and MVK Landscaping, Inc. made application to the Planning Board of the Town of Wappinger for a � Special Use Permit and Site Plan approval to use the Property as hereinafter set forth; and OAWAPPINGE7own Board\MVK\Lltigation\Stlpulation of Settlement.DOC Dorm 1 M"7 sinal-Deeember4, 2002 WHEREAS, on the Short Form EAF submitted by Richard G. Barger, P.E., L.S., engineer for applicant, dated February 20, 1992, the proposed project was "to operate a landscaping design business from his [Mark A. Van Kirk's] home; aside from this business, usually during the `off season', he sells pumpkins, seasonal/ flowers/ plantings, and Christmas trees"; and WHEREAS, on the Site Plan information form dated February 20, 1992, the proposed use for the property was to "operate a home occupation [of] landscaping design and installation; in conjunction, the applicant will sell from his storage area seasonal flowers, pumpkins, and Christmas trees"; and WHEREAS, the Application for Special Use Permit dated March 2, 1992 and signed by the Defendant, Mark A. Van Kirk, requested "farm and/or nursery uses, including accessory farm produce stand and/or greenhouse, and temporary outdoor stand of the sale and display of field & garden crops grown on the premises"; and WHEREAS, on June 1, 1992, the Planning Board of the Town of Wappinger duly adopted a resolution granting the applicant Site Plan approval of a Site Plan titled "Special Use Permit for Mark Van Kirk ... last revised May 12, 1992", a copy of said Resolution of Approval is attached hereto marked and designated Exhibit A; and WHEREAS, a Special Use Permit was issued for the Property to Defendant, Mark A. Van Kirk on July 29, 1992, a copy of said Special Use Permit is attached hereto marked and designated Exhibit B; and WHEREAS, said Special Use Permit restricted the use to a display area without sales in front of the applicant's barn, and with all retail sales to be conducted in the back of the Property; and 0AWAPPINGEITown Board\MVMLitigation\Stipulation of Settlement.DOC Page 2 of 7 Final - Dezember 4, 2002 WHEREAS, subsequent to the granting of the Special Use Permit and Site Plan approval: a. Defendants, Mark A. Van Kirk and Dianne M. Van Kirk and/or MVK Landscaping, Inc., did not complete the work required by the Resolution of Site Plan Approval and did not obtain a C.O. for the work required by the Resolution of Site Plan approval; and b. Defendant, Mark A. Van Kirk, subsequently obtained a Building Permit and C.O. for a barn in an area originally designated for storage of equipment., and c. An issue has arisen as to whether or not Defendants have used the property for a number of uses that are not.permitted by the Town of Wappinger Zoning Code, which uses may generally be described as a landscape contractor's yard, including the storage, processing and staging of landscape contracting materials, equipment and supplies, and the processing of topsoil. WHEREAS, to the extent it took place, the use of the site as a landscape contractor's yard was not authorized by the Resolution of Site Plan approval and/ or Special Use Permit approval granted to the Defendant in 1992, and such uses, to the extent occurring, were and are not now presently permitted within an R-20 District, and can not be sanctioned under the present regulations of the Town of Wappinger Zoning Code; and WHEREAS, the Defendants, Mark A. Van Kirk, Dianne M. Van Kirk and MVK Landscaping, Inc. have scaled back their operations at the property and have brought the use of the property into compliance with the terms and provisions of the Town of Wappinger Zoning Code; and WHEREAS, the growing of nursery products constitutes an agricultural use under the provisions of Article 25 -AA of the Agriculture and Markets Law and the property is now located in an Agricultural District created by the Dutchess County Legislature in 2002; and 0AWAPPINGE7own Board\MVMitigatioMStipulation of Settlement.DOC Page 3 of 7 f=inal - December 4, 2002 V*7MREAS, the parties hereto, have agreed upon a settlement in full disposition of this action as hereinafter set forth. NOW, THEREFORE, in full settlement of the above -captioned action, it is hereby stipulated, confirmed, and agreed as follows: 1. The parties confirm and agree that the above recitations are hereby incorporated by reference as if more fully set forth herein. 2. The use, operation and maintenance of a landscape contractor's business and the storage, processing or staging of landscaping contracting materials, supplies and equipment are not permitted on the Property except as specifically enumerated herein; under all circumstances it is expressly understood that the use and maintenance of a landscape contractor's yard shall not be permitted at the property except as such uses may be consistent with the use and operation of the property as a farm, nursery, sale and display of seasonal crops and products, sale of nursery products and the necessary storage of farm/ nursery machinery and equipment, including specific vehicles to be used in off-site landscape design business. 3. The Town Board hereby determines that consistent with §240-55 and the Schedule of Use Regulations of the Zoning Code of the Town of Wappinger, Defendants may grow and sell nursery and greenhouse products on the Property; it is further determined that Defendants, (as an accessory use to the sale of nursery and greenhouse products), may sell limited quantities of products used in connection with such nursery or greenhouse products, such as mulches, decorative stone, compost and topsoil, but not on a wholesale level, in such amounts and quantities as identified on the conceptual Site Plan attached hereto as Exhibit "C". 4. Defendants will submit, within 60 days of the date of this Stipulation, a revised Site Plan to the Town of Wappinger Planning Board, consistent with Town of Wappinger Code §240-82, et 0AWAPPINGEITown BoarcRMVKtLitigationMStipulation of Settlement.DOC Page 4 of 7 Final - Debember 4, 2002 seq,for approval by the Planning Board, and generally consistent with the revised Site Plan attached hereto and made part hereof, which revised Site Plan is hereby conceptually approved by the Plaintiff, Town of Wappinger, and which site plan will be subject to further review and approval by the Planning Board of the Town of Wappinger. 5. The revised Site Plan (Exhibit "C") identifies the vehicles and equipment which may be used in connection with the use of the property as a farm, nursery and greenhouse and the locations where such vehicles and equipment are to be stored. A list of the vehicles and equipment to be used pursuant to this paragraph is attached as Exhibit "D". 6. The revised Site Plan shall identify the bulk materials, with the maximum amount of their respective quantities that may be used or stored in anticipation of sale on the site as an accessory use to the primary use of the property. A list of illustrative bulk materials and their maximum respective quantities that may be used, sold, or stored in anticipation of sale as an accessory to the production and sale of farm crops and nursery products are identified on Exhibit "E", attached hereto and made part hereof. The revised Site Plan shall also designate the areas for storage of the bulk materials listed in Exhibit `B" and the location for storage of vehicles and equipment to be maintained on the site. 7. Notwithstanding the foregoing, the maximum quantities of all bulk materials that may be stored on the premises in anticipation of sale shall not exceed Five Hundred (500) cubic yards and the maximum amount of any one type of material shall not exceed Seventy Five (75) cubic yards at any one time. 8. The revised Site Plan shall provide adequate screening and fencing of areas used for outdoor storage of bulk materials, the parking of vehicles and equipment, and the storage of refuse containers to the extent and in the manner determined by the Planning Board. 0AWAPPINGSTown BoardWVK\Lltigation\Stipulation of Settlement.DOC Page 5 of 7 Final - December 4, 2002 9. Defendants agree to submit the revised Site Plan for review and approval by the Planning Board within sixty (60) days hereof and further agree to diligently pursue the finalization of approval thereof; in the event Defendants fail to submit the revised Site Plan for review and approval within sixty (60) days hereof, they shall be deemed in violation of the Town of Wappinger Zoning Code and Defendants, collectively, shall be liable for a fine of Three Hundred and Fifty Dollars ($350.00) per week for each week the revised Site Plan has not been submitted for approval. 10. In the event the Defendants fail to comply with the terms and conditions of this Stipulation, the amended Resolution of Site Plan approval or Special Use Permit approval, and after ten (10) days written notice of any alleged violations thereof and failure to cure, the Defendants shall pay a fine of Three Hundred and Fifty Dollars ($350.00) per week for each week the terms and conditions of the amended Resolutions of Site Plan approval and Special Use Permit approval remain incomplete. 11. In the event the Defendants fail to comply with the terms and conditions of this Stipulation of Settlement, the Defendants shall pay for all costs and expenses, including reasonable attorney fees, court costs and disbursements in any enforcement proceedings required to enforce the terms and conditions of this Stipulation or the Town of Wappinger Zoning Code. Albert P. Roberts, Esq. Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP Attorneys for Plaintiff 1136 Route 9 Wappingers Falls, New York 12590 0AWAPPINGSTown BoardlMVK\LitlgatlonlStipulation of Settlement.DOC Jon H. Adams, Esq. Corbally, Gartland & Rappleyea Attorneys for Defendants 35 Market Street Poughkeepsie, New York 12601 110 Main Street Poughkeepsie, New York 12601 Page 6 of 7 Final - Dezember 4, 2002 r MVK Landscaping, Inc. By: �2 , -0/ Mark A. Van Kirk, President r DUNNE M. VAN KIRK SO ORDERED: HON. JAMES D. PAGONES 0AWAPPINGEITown Board\MVMUtigation\Stipulation of Serilement.DOC Town of Wappinger is Page 7of7 Joseph Ruggiero, Supervisor