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2000-02-28 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER FEBRUARY 28, 2000 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: Dec. 27, '99 Jan. 10, '00 Jan. 24, '00 4. REPORTS OF OFFICERS: Sup/ Compt T/ Justices Rec. of Taxes Bldg. Insp. Dept. Zng. Adm. Assessor H. Supt. Dog Control Officer K. DeLisa, Dial-A-Ridet meeting Report Year End Financial State- ment-D'Arcangelo & Co. for Pk/Wapp/LaGrange Joint Landfill Project 5. PETITIONS & COMMUNICATIONS a. Patrick DeHaven, Dir. D. Co. Classics, requesting permission to the Mid Hudson rd. Runners Club to use Robinson Lane & Rec Area 9/17/00' b. A Quartararo, Esq. Corr (2/9/00) re: sale of Water to T/W Consultants costs C. Philip Pessia, Ronsue Dr. re: Protest letter opposing Osborne Hill "Home" d. Leo McCarey Re; refusal to accept Bldg. Insp. appointment e. Mary Abruzzo, 21 Peters Rd., re: consideration of supplying her area with municipal water f. Notification of intent to apply for Liquor Lic. renewal for �- "Charlies Too" g. Emanuel Saris, Attny for Tas Reviews, Requests for direction and approval of settlements for (1) Direction Bd. wants taken on Mobile Home Tax Assessment (2) Plaza 9 Associates -Stipulation (3) Mei vs t/w- Stipulation (4) Levine & Rutta-Stipulation h. Requests for return of Escrows from: (1) Oscar & Maria Fernandes, Beth Place Bldg Permit & ZBA app-lications refunds $185.00 (2) Helen McDonald, Bldg Permit application refund $35.00 i. R. Holt, Rec. Ch. requests for (.1) P.O. for Summer Concert Series (2) Request to Solicit Bids for a Mower & Backhoe (3) P.O. request for Clay for Rec. Fields (4) P.O. request for Post Hole Digger ,j. J. Paggi, Eng to Town, Reports: (1) Evergreen Estates, Sect. II (2) Roberts Mobile Home Pk (2/10) filing of necessary easements (3) Beverly request for Traffic study at Diddell & Smith Crossing Rds. (4) Fed. Wetlands Delineation/Montfort Woods Rd. -rear Proposals (5) Recycling Center/Highway Garage Site (6) Draft EIS statement for WCSD new Bus Garage (7) Castle Point Landfill/Post Closure monitoring proposals (8) Add'l Easements/Farms End Rd. .-'''k. G. Foster, H. Supt. Memorandu-ljre; Wetland area @ Brother, Gold & Monfort woods Rd. W/Related Corr. from Eric Gardell, P.E. 1. RichardNicholas, Doroth�3' Lane, requests compensation for medical Bills due to falling on icc at mailbox m. Requests for use of Voting Machines from Village (3/21) and School Dist 3/28/00 n. Vacancy - ZBA member - G. diPierno term expired 2/1/00 o. Vacancy on Planning Board p. Robert Haimelin, Smithtown Rd. re: procedure & cost for adjustments in Property line q. Ralph Hermans corr. re: bidding on vehicles r. A. Roberts, Attny to twn. re; Neimcyk s. CAMO POLLUTION CONTROL Trempter reports: (1) Fleetwood (2) 13 Dara Lane MLD _,t. Newhall Retirement, Request by G. Foster to make position into -116 u. Request by Supervisor Smith for P.O. for File Cabinets v. GS & Associates - Fleetwood Water hookup request W. G. Foster, H. Supt.. re Deer Run Road 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zng. Adm Report 8. RESOLUTIONS a. Consider adoption of Local Law - Blackthorn Loop b. Consider adoption of Local law - Water Testing C. Introduce and set Pblic Hearing for Local Law for Kent Rd. STOP sign d. Resolution for the ease for Cellular One at T/Hall site e. Approve Callahan Easement for Phase 3A, Tri -Muni AGENDA PAGE 2 i Cont'd 8. RESOLUTIONS ff. Authorizing the filing of application for funds from Hudson River Greenway in amount not to exceed $2,000 g. Bids for Highway Aggregates, equipment, etc. h. G. Terwilliger, Compt., requests for (1) Temporary Transfer of Funds from A. to CWW Emergency Dist #1 (2) Temporary Transfer of ,j funds from B to Capital Fund -Regency Drive Culvert replacement. i. Naming Driveways, etc, for 911 and Resolution to adopt same j.Accept Deed for small parcel of land on Cedar Hill Rd. 9. UNFINISHED BUSINESS 'i 10. NEW BUSINESS ,I i 11. ADJOURNMENT 02/28/2000.RGM The Regular Town Board Meeting of the Town of Wappinger was held on February 28, 2000 at the town hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the meeting at 7:30 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman (arrived at 7:46 p.m.) Elaine H. Snowden, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Town Board Meeting of 12/27/99, Workshop Meeting of 1/10/2000 and Town Board Meeting of 1/24/2000 having previously been forwarded to the Board Members, was now placed before them for their consideration. COUNCILMAN VALDATI moved that the above stated Minutes as presented by the Town Clerk be and they are hereby approved. Seconded by Mr. Bettina Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of January were received from the Town Justices, Supervisor/Comptroller, Building Inspector, Zoning Administrator, Assessor, and Dog Control Officer report for January, Kathi DeLisa, Dial -a -Ride Meeting Report, Year End Financial Statement, D'Arcangelo & Co., for Pok/Wapp/LaGrange Joint Landfill Project. COUNCILMAN RUGGIERO moved to accept the reports and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried PETITIONS & COMMUNICATIONS Correspondence from Patrick DeHaven, Director of the Dutchess County Classic requesting permission for the Mid -Hudson Road Runners to use town roads, in particular Robinson Lane for the 22nd annual DC Classic. This year the race will be held on Sunday September 17th . If permission is granted, certificates of insurance will be provided to the town prior to the race. A separate request has been sent to Recreation for the use of Robinson Recreation area to stage the event. 1 02/28/2000.RGM COUNCILMAN RUGGIERO moved to refer request to Graham Foster, Highway Superintendent, accept and place on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from A. Quartararo, Esq., regarding the Joint Water Project Sale of Water to Town of Wappinger Consultants Costs. Mr. Quartararo has been directed by the Poughkeepsie Joint Water Project Board to advise that the Town of Wappinger deposit the sum of $15K with the Water Board to be used to defray the cost of its consultants regarding the feasibility and contract preparation costs of the sale of water to the Town of Wappinger. COUNCILMAN VALDATI moved to place this request on a workshop for further discussion. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Philip Pessia of Ronsue Drive with a protest letter opposing the proposed Community Residence planned on 131 Osborne Hill Road. COUNCILMAN BETTINA moved to accept the letter and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Leo McCarey, refusing the appointment to the position of Building Inspector. COUNCILMAN RUGGIERO moved to accept the letter and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Mary Abruzzo of 21 Peters Road, with a request to consider supplying her area with municipal water. Mr. Paggi, Engineer to the town addressed Mrs. Abruzzo and several of the residents that were in the audience. He explained that he had spoken to Mrs. Abruzzo on a number of times over the last few years regarding water for that area. It is currently not in a water district. In all likelihood water service cannot be extended to an area outside the district until the district supply is brought up today's standards. Supervisor Smith informed the residents that we are working on a water district and looking for solutions to the many water problems. COUNCILMAN BETTINA moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Notification of intent to renew their Liquor License was received from 2 02/28/2000.RGM Charles Conklin, President of "Charlie's Too", located in Hughsonville. COUNCILMAN VALDATI moved to accept the notice of intent from "Charlie's Too" to renew their Liquor License and place it on file without comment. Seconded by Mr. Bettina Motion Unanimously Carried Emanuel Saris, Attorney for Tax Reviews with several requests for direction and approval of settlements for (1) Mobile Home Tax Assessment, (2) Plaza 9 Associates v. Town of Wappinger (3) Mei v. Town of Wappinger (4) Levine & Rutta v. Town of Wappinger. COUNCILMAN RUGGIERO moved to table to the next workshop with Mr. Saris in attendance to explain. Seconded by Mr. Bettina Motion Unanimously Carried Requests for the return of Escrow were received from (1) Oscar & Marie Fernandes, Beth Place for Building Permit and Zoning Application refund $185. (2) Helen McDonald, Building Permit refund $35. COUNCILMAN RUGGIERO moved to authorize the return of Escrow to Oscar & Marie Fernandes in the amount of $185 and Helen McDonald in the amount of $35 upon the recommendation of Mark Liebermann, Zoning Administrator. Seconded by Mr. Bettina Motion Unanimously Carried Next are several requests from Recreation Chairman, Ralph Holt. The first is a request to obtain P.O.'s payable to the following for the summer concert series to be held at Schlathaus Park. Thunder Ridge $900.00 Playing 7/13/00 Switch in Time 900.00 Playing 7/27/00 COUNCILMAN VALDATI moved to authorize a P.O. payable to Thunder Ridge for $900 and a P.O. payable to Switch in Time for $900 for the summer concert series, as requested by Mr. Holt. Seconded by Mr. Paoloni Motion Unanimously Carried Mr. Holt would also like permission to solicit bids for a mower and Backhoe attachment for the Recreation Department. Discussion followed. COUNCILMAN RUGGIERO moved to table to the next workshop. Seconded by Mr. Valdati Motion Unanimously Carried 3 02/28/2000.RGM Next is a request for permission to obtain a P.O. in the amount of $2,500 payable to Southern Industrial Sand for the purchase of 75 tons of Clay for the Recreation Fields at Robinson Lane. The funds for this purchase are in account A-7110.4. The following are prices received as of the end of January for the purchase and delivery, but because fuel prices have been so unstable no one will commit to a guaranteed price. Recreation has been working with Southern Industrial Sand for several years, and feel they would be able to work with us during this difficult time. The are also responsible in making delivers. U.S. Silica/formally Unimin Corp./Morie Corp. $31.95 T Southern Industrial Sand 32.25 T Red Wing Properties Does not carry this type of clay. There was discussion among the board members, and they feel they need more information from Mr. Holt before approving this request. COUNCILMAN RUGGIERO moved to table this request until additional information is received. Seconded by Mr. Paoloni Motion Unanimously Carried The last request is permission to obtain a P.O. for $1,271 payable to Pine Plains Ford Tractor they being the lowest bid, for the purchase of a new Holland 906 Post Hole Digger which will be attached to the New Holland tractor. The funds for this purchase are in Recreation Equipment account A- 7110.2. The following are prices received for the Post Hole Digger: Chambers Ford Tractor Pine Planes Ford Tractor Westchester Ford Tractor $1,450 $1,271 No response for price. COUNCILMAN BETTINA moved to authorize a P.O. for $1,271 payable to Pine Plains Ford Tractor, they being the lowest bid. Seconded by Mr. Valdati Motion Unanimously Carried Next are several reports from Jay Paggi, Engineer to the Town. The first report concerns Evergreen Estates/Section II Lot 11. Mr. Paggi's office is in receipt of the following items regarding the above referenced project. 1. "Subdivision (Lot Line Realignment) for Lot No. 11 - Evergreen Estates, Section 11 and Humeston", as prepared by Day, Oswald & Gillespie, date last revised January 25, 2000. 2. Deed Description: Drainage Easement - Parcel "A" dated January 24, 2000. 3. Deed Description: Drainage Easement - Parcel "B" dated January 24, 2000. 9 02/28/2000.RGM His office has reviewed all documents and finds them acceptable. COUNCILMAN RUGGIERO moved to accept the Deed for the Easements Seconded by Mr. Valdati Motion Unanimously Carried The next report concerns the Roberts Mobile Home Park Connection to Central Wappinger. Mr. Paggi is in receipt of the above referenced Engineering Report dated February 9th, 2000 and plans dated February 8th 2000 and wishes to advise the board that they are acceptable to this office at this point in time. COUNCILMAN RUGGIERO moved to accept Mr. Paggi's acknowledgment that the plans are acceptable and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried Mr. Paggi is also in receipt of a letter from Gail Beverly of Diddell Road dated January 19th 2000, regarding a request to complete a traffic study at the intersection of Diddell and Smith Crossing Road. Mr. Foster explained that she is proposing a traffic study knowing that there is a STOP sign there that is being ignored. People are speeding and ignoring the current signs that are out there. If you put another sign up, they will ignore that also. He thinks the intersection is much safer than it was before, if the people follow the rules and stop at the STOP signs. He does not know what can be done, short of putting an officer out there to write tickets. COUNCILMAN VALDATI moved to inform the Town Vandalism Patrol to patrol this intersection. Also authorize Supervisor Smith to notify Mrs. Beverly that the area will be patrolled. Seconded by Mr. Paoloni Motion Unanimously Carried Next is the Federal Wetland Delineation/Montfort Woods Road -Rear. At the Boards request, Mr. Paggi was authorized to solicit proposals from various firms to perform Federal Wetlands delineation at the above referenced site. The result of said solicitation are as follows. FIRM WETLANDS DELINEATION • Matthew D. Rudikoff • Burton Laux • Tim Miller Associates $ 900.00 1,200.00* *(if site has previously been disturbed) $1,250 It is the opinion of this office that the above work be awarded to lowest proposal, Matthew D. Rudikoff Associates for $1,200. 5 02/28/2000.RGM COUNCILMAN VALDATI moved to award the bid for the Federal Wetland Delineation/Montfort Woods Road - Rear, to Matthew D. Rudikoff, for $1,200, they being the lowest bid. Seconded by Mr. Paoloni Motion Unanimously Carried The next memo from Mr. Paggi concerns the Recycling Center/Town Highway Garage Site. Mr. Paggi sent a resolution authorizing Supervisor Smith to sign and file an application for a State Grant to construct the proposed Town of Wappinger Recycling Center. Mr. Foster, Highway Superintendent went over the measures that were taken to get the site ready. The only thing that remains to be done on the site is rough grading and fine grading. He has already made plans with Yonkers Contracting the company who has the job of milling all the blacktop off Myers Corners Road, to truck it to our site, free of charge. The total project should come in around $250K, with the $150K purchase. If we could apply to the grant for half of the $250K it would put us in a very good position. Supervisor Smith said we should compliment Mr. Foster for the excellent job he has done on this project, he has saved the Town a lot of money. COUNCILMAN RUGGIERO moved to authorize Supervisor to sign and file application. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN RUGGIERO explained that he had spoken to several of the female employees that work at the recycle center and they made a request of the town board to provide bathroom facilities. Mr. Ruggiero thinks this issue should be incorporated in the new plans for the recycling center. Discussion followed. COUNCILMAN RUGGIERO moved to authorize Jay Paggi, Engineer to the Town to prepare Specs for a Restroom at the site. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Paggi is in receipt of the Draft Environmental Impact Statement prepared by Chazen Companies for the Wappingers Central School District for the New Bus Garage and Main Transportation Facility located adjacent to the existing Wappingers Junior High School. He has reviewed it and prepared his conclusions for the boards review. Discussion followed. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Paoloni D Motion Unanimously Carried 02/28/2000.RGM At the Boards request, Mr. Paggi's office issued a request for proposals to perform Post Closure Groundwater and Gas Monitoring at the Castlepoint Landfill. The results of said solicitation are as follows: FIRM GAS MONITORING GROUND WATER MONITORING Quarterly Testing for Annual Baseline & 1 Year Period Quarterly Routine Testing (3 wells) • Conrad Geoscience $1,923.00 $6,734.00 • Leggette, Brashears & Graham $2,500.00 $6,750.00 • The Chazen Companies $10,000.00 $9,500.00 (Assumes Installation of Drive Points) It should be noted that these quotes are for yearly monitoring costs and that after a certain number of tests are performed, a reduction in the frequency of testing may be requested from the NYS Department of Environmental Conservation. This reduction would only be granted if no groundwater contravention was noted. It is the opinion of this office that, upon final approval of the Post Closure Monitoring Manual by the NYSDEC, the above work be awarded to the low bidder, Conrad Geoscience for $8,657.00. COUNCILMAN VALDATI moved to award the bid for the Castlepoint Landfill/Post Closure Monitoring to Conrad Geoscience for $8,657.00, upon the recommendation of Mr. Paggi, they being the lowest bidder. Seconded by Mr. Ruggiero Motion Unanimously Carried The last report submitted from Mr. Paggi concerns the additional easements on Farms End Road. Mr. Paggi is in receipt of a revised easement map dated January 19th 2000, and four (4) descriptions dated January 20th 2000. They appear to be satisfactory. The easements are noted as: • Drainage Easement 1A/Orchard Drive Extension • Water Valve Easement 1B/Orchard Drive Extension • Water Valve Easement 2A/Orchard Drive Extension • Drainage and Water Valve Easement 3A/Orchard Drive Extension. These descriptions should be added to the deeds already tendered to the Town in a form acceptable to the Attorney to the Town. COUNCILMAN RUGGIERO moved to accept the Easement Descriptions and place them on file. Seconded by Mr. Paoloni Motion Unanimously Carried 7 02/28/2000.RGM Correspondence from Graham Foster, with a petition from residents of Brothers, Gold and Montfort Woods Road. Many complaints have been received from this area in the past, but Mr. Foster's hands are tied, due to the fact that most of this area is in the wetland. The residents are requesting the Town to clean up, clean out, re - grade and re -shape the existing ditches. Over the years the ditches have silted in considerably, possibly as much as 2 feet in some areas. This has caused rising water elevations in the entire area. At the west end of the culvert under Brothers Road, the is 1 foot deep. The bottom line is that in the the water approximately result wet area water elevations are increasing in size, encroaching on the usable areas of the surrounding lots. Also received is related correspondence from Eric Gardell of Gardell Associates Land Surveying & Engineering, P.C. informing Mr. Foster that the wet area in question is not a "State Wetland," since it is not shown on the Official State wetland map. If it were delineated, surveyed and checked by the Army Corps of Engineers, it would likely be designated as a Federal wetland. Any work within a Federal wetland requires a permit; however, if the disturbed area is less than 1/3 of an acre, it is a formality only, and would be covered by the Nationwide permit. In any event the Corps would probably have no objections to cleaning ditches to their originally constructed grades, especially considering the recent concern about disease borne by mosquitoes. COUNCILMAN RUGGIERO moved to accept Mr. Fosters correspondence and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO moved to accept the correspondence from Gardell Associates also and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Richard Nicholas informing the board that on January 13, 1999 while attempting to retrieve his mail on Dorothy Lane, he slipped on the ice which required surgery on his knee and then therapy. Medicare is his primary insurance and IBM secondary, and the portion that remains to be paid is $676.91. Mr. Nicholas collects a small pension from IBM and Social Security and as a retiree feels the financial strain. Being he fell on the road, Mr. Nicholas wishes to know if there is some fund that will reimburse his portion of the medical expense. COUNCILMAN VALDATI moved to authorize the Supervisor to send a letter to Mr. Nicholas, explaining the Town of Wappinger has no program to pay for hospitalization. Seconded by Mr. Ruggiero Motion Unanimously Carried 02/28/2000.RGM A request from Susan Phillips, District Clerk with the Wappinger Central School District requesting the use of (7) seven voting machines for the Bond Referendum vote to be held on March 28, 2000. COUNCILMAN VALDATI moved to authorize the use of (7) seven voting machines for the upcoming Bond Referendum vote as requested by Susan Phillips, District Clerk. Seconded by Mr. Bettina Motion Unanimously Carried A request from Leo Lowney, Village Clerk, for the use of three (3) voting machines for the upcoming Village Election to be held on March 21, 2000. COUNCILMAN VALDATI moved to authorize the use of three (3) voting machines for the upcoming Village Election as requested by Mr. Lowney, Village Clerk. Seconded by Mr. Bettina Motion Unanimously Carried The term of office of Gerry diPierno as a member of the Zoning Board of Appeals has expired, February 1, 2000, therefore the matter of the vacancy was placed before the Board for their consideration. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption. RESOLVED, that Gerry diPierno be and he hereby is appointed to fill the vacancy of the Zoning Board of Appeals of the Town of Wappinger which has occurred by reason of expiration of his term of office, and IT IS FURTHER RESOLVED, that the said Gerry diPierno is hereby appointed to the said Zoning Board of Appeals for a term which shall expire on the 1st day of February, 2005. Seconded by Mr. Bettina ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Valdati Aye Councilman Bettina Aye Councilman Ruggiero Nay Councilman Paoloni Nay Motion Carried The next item for the Boards consideration is to fill the vacancy on the Town Planning Board. COUNCILMAN BETTINA offered the name of Michael Schnorr to fill the vacancy on the Town Planning Board. Seconded by Mr. Valdati 601 02/28/2000.RGM ROLL CALL VOTE VOTE Supervisor Smith Nay Councilman Valdati Aye Councilman Bettina Aye Councilman Ruggiero Nay Councilman Paoloni Nay Motion Defeated The following Resolution was offered by COUNCILMAN RUGGIERO who moved WJ its adoption. RESOLVED, that Guy Gagne be and he hereby is appointed to fill the vacancy of the Town Planning Board which has occurred by reason of the expiration of his term of office, and IT IS FURTHER RESOLVED, that the said Guy Gagne is hereby appointed to the said Town Planning Board for a term which shall expire on the 7th day of January, 2007. Seconded by Mr. Paoloni ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Valdati Nay Councilman Bettina Nay Councilman Ruggiero Aye Councilman Paoloni Aye Motion Carried Correspondence from Robert Haimelin regarding procedures for adjusting the property line between his property and his neighbors property. The procedure is the same as if he were asking for a major subdivision. It would involve surveyor fees, Town fees, Engineering fees and a $2,000 town escrow fee. After speaking with a number of people at the town hall, Mr. Haimelin was told that this kind of thing has happened before, and there were discussions about changing the procedures. It only involves a small portion of property, (1/8th of an acre) and Mr. Haimelin is requesting the Town Board to seriously consider this matter. Discussion followed. COUNCILMAN VALDATI moved to refer request to the Planning Board Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize Supervisor Smith to send a letter to Mr. Haimelin explaining that this is a private matter, but we will try to expedite it. Seconded by Mr. Paoloni Motion Unanimously Carried 02/28/2000.RGM Correspondence from Ralph C. Herman Co., Inc., thanking the board for the opportunity, but they do not wish to submit a bid at this time for 2 Spreaders. COUNCILMAN PAOLONI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Al Roberts Attorney to the Town, with an update on the enforcement proceedings brought against the Neimcyk parcel on Route 9D. Mr. Neimcyk has been operating an auto body shop in a residential zone for a number of years. A complaint was filed when Mr. Neimcyk permitted a cell tower on the property. The resulting investigation revealed that the body shop was in fact being operated on the site and a gasoline pump and tank on the site as well. Enforcement proceedings were commenced, but both Wappinger Town Justices disqualified themselves. The matter was reassigned to Judge Hancock in the Town of Fishkill. Written motions were submitted to Judge Hancock, but before the motions were decided, Judge Hancock was involved in an automobile accident and hospitalized. Judge Hancock has returned to the bench, however, no decision to date has been made. While his office has written to Judge Hancock, asking when we might anticipate a decision, no correspondence has been received. The only meaningful way to stop this improper activity is by an application to Supreme Court seeking an injunction. In order to do so my office will need specific authority from the Town Board to proceed. An application will have to be made to the local Court for a search warrant to permit current Zoning Administrator Liebermann to conduct an investigation. COUNCILMAN VALDATI moved to authorize Mr. Roberts to proceed to Supreme Court for an Injunction. Seconded by Mr. Ruggiero Motion Unanimously Carried Next are several reports from CAMO Pollution Control. The first report concerns the Fleetwood Water Usage. Part of the daily routine for CAMO in the operation of the Fleetwood Water District is to read the meter which measures flows from the Village of Fishkill to the Fleetwood Water District. By contract, the meter is owned by the Village. In June of 1999 it became obvious that the readings were significantly lower than what the Fleetwood Water District typically uses. As a result, we sent a memo dated July 6, 1999 to the Village of Fishkill informing them of possible problems with the water meter. On July 8, 1999, we received a response from the Village of Fishkill notifying us that the meter had been repaired and that there were no further problems. Since that time it has been the opinion of CAMO Pollution Control, Inc., that the flows remain significantly lower than typical for the Fleetwood Water District. On several occasions we have advised Village of Fishkill 11 02/28/2000.RGM officials that we believe the meter is continuing to read low. They have informed us that they believe the meter has been repaired. CAMO has reviewed the consumption reports from the Fleetwood Water District for the last quarter of 1999. These consumption reports are based on individual meter readings from each home in the district. The total consumption for the period from 10/01/99 thru 12/31/99 is 505,157 cu. ft. When converted in gallons, it equates to approximately 42,000 gallons per day for the quarter. If you review the flows from the master meter on the Monthly Reports during that same period, the average is approximately 19,300 gallons per day. As you can see, the consumption reports indicate approximately double the water usage from what the master meter indicates. Keep in mind that the consumption reports can vary slightly due to the various read dates, but certainly not a significant difference of 50%. COUNCILMAN RUGGIERO moved to accept the report from CAMO Pollution and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried The second report form CAMO Pollution Control concerns Sewer Lateral problems at 13 Dara Lane. Recently the town indicated that a phone call was received from the homeowner at 13 Dara Lane regarding a sewer backup. A plumber was contacted by the homeowner and the problem was resolved. The homeowner is now seeking compensation from the Town. It should be noted that research of the CAMO service log indicates that we did not receive a complaint from the resident at 13 Dara Lane. After contacting Schnorr Plumbing & Heating the plumber involved in clearing the blocked lateral, CAMO was informed that a TV camera was placed through the homeowner's lateral and it did not indicate a broken pipe in the street. As your are aware, the Town Code states that the homeowner is responsible for blockages from the home to the sewer line. The Town is responsible for the broken pipes under the paved portion of the road. COUNCILMAN VALDATI moved to accept the report from CAMO Pollution and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Highway Superintendent Graham Foster, informing the board that he received a letter from Robert Newhall, a laborer with the Highway Department since April 1, 1967 of his intention to retire on March 26, 2000. Since this will create an opening at the Highway Department, Mr. Foster would like to upgrade that position from laborer to M.E.O. The laborer position is very limited as to allowed duties. During periods of sever winter weather, it limits the flexibility of our workforce to drive our trucks, due to the fact that a laborer does not need a CDL Ivi 02/28/2000.RGM license. Bob's current rate of pay is $17.78 per hour. Starting salary for and M.E.O. is $16.73 per hour, so we have the ability to upgrade the position without impacting our budget. COUNCILMAN VALDATI moved to upgrade the position from laborer to M.E.O. at a starting salary of $16.73 per hour, as requested by Mr. Foster. Seconded by Mr. Paoloni Motion Unanimously Carried Next is a request from Supervisor Smith to purchase (4) four filing cabinets. Three proposals were received. Hudson Valley Furniture @ $450 per cabinet, Staples @ $657 per cabinet and Office Depot @ $659. Supervisor Smith would like a P.O. payable to Hudson Valley Furniture in the amount of $1,800 for the purchase of (4) four filing cabinets, they being the lowest proposal. COUNCILMAN BETTINA moved to authorize a P.O. payable to Hudson Valley Furniture in the amount of $1,800 for the purchase of (4) filing cabinets, they being the lowest proposal. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Alvin Silbert, of GS & Associates in regard to 151 Osborne Hill Road. They have been informed that a water line has been place on Osborne Hill Road, and if that is the case wish to be hooked up to the town water supply. Because of the shortage of rainfall, the well is no longer able to supply the three families who reside in the building. The tenants have been conserving water, but are desperate to hook into the town water supply. COUNCILMAN PAOLONI moved to table the request to a future workshop. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Highway Superintendent for clarification of "Deer Run". Highway received a call from Lorraine Murman of #10 Deer Run, inquiring as to the proper name of the road. The Highway Department uses "Deer Run", and our town map shows it as "Deer Run Road, and some of our residents use "Deer Run Drive". We should decide on an official name for all to use. SUPERVISOR SMITH announced it is called "Deer Run Road ". NO ACTION TAKEN. COMMITTEE REPORTS COUNCILMAN PAOLONI had no reports at this time COUNCILMAN RUGGIERO gave a short report on the Tri -Municipal Sewer Commission meeting he attended on February 17th. One of the items discussed was solid sludge handling. They propose to inject bugs to the solid waste, which would reduce the amount of solid waste produced by 50%. Also, 13 02/28/2000.RGM the Village of Wappinger is also contesting the distribution of money that should be received by the Town of Wappinger and Town of Poughkeepsie. COUNCILMAN VALDATI had no reports at this time COUNCILMAN BETTINA had no reports at this time. SUPERVISOR SMITH on the rail trail, which is CR# 11. They are planning to put in a bike trail, but they cannot maintain it. They want the towns that the trail goes through, to maintain it. They will come through once a year with a brush hog and clean the edges off. She needs more information. BONDS & LETTERS OF CREDIT The Town Clerk, Elaine Snowden informed the board that she did not receive a report from the Zoning Department on the Bonds and Letters of Credit. RESOLUTIONS A Public Hearing having been held on a Local Law Prohibiting Right Hand Turns onto Blackthorn Loop at its westerly intersection with Myers Corners Road, the matter of its adoption was now placed before the Town Board for their adoption. COUNCILMAN RUGGIERO moved to adopt Local Law #_ of the year 2000 as follows: A Local Law entitled "Local Law Prohibiting Right Hand Turns onto Blackthorn Loop at it's westerly intersection with Myers Corners Road". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger Local Law #_ of 2000, and entitled "Local Law Prohibiting Right Hand Turns onto Blackthorn Loop at it's westerly intersection with Myers Corners Road" Section II: Legislative Background: It is the determinations of the Town Board of the Town of Wappinger that right hand turns be prohibited on Myers Corners Road at its westerly intersection with Blackthorn Loop between the hours of 6:00 AM to 8:00 AM Monday through Friday. The Town Board has received numerous complaints from residents of Blackthorn Loop that many motorists use Blackthorn Loop to advance the traffic buildup that occurs on Myers Corners Road at the traffic light at the entrance to Roy C. Ketcham High School during the early morning hours when school is in session. Blackthorn Loop is a horseshoe shaped road that that two intersections with Myers Corners Road; the easterly intersection is located near the entrance to Roy C. Ketcham High School and the other entrance is approximately 800 feet westerly, closer to the intersection of Myers Corners Road and Spookhill Road. When school is in session, traffic tends to back up 14 02/28/2000.RGM in the early morning hours at the traffic light at the entrance to the Roy C. Ketcham High School. In an effort to beat the traffic congestion, many motorists use Blackthorn Loop to advance in line by entering Blackthorn Loop at its westerly intersection with Myers Corners Road and exiting at its easterly intersection with Myers Corners Road. This causes further traffic congestion at the easterly intersection of Blackthorn Loop and Myers Corners Road, as well as a buildup of traffic on Blackthorn Loop. The backup of traffic on Blackthorn Loop also makes it difficult for the residents of Blackthorn Loop to exit their driveways onto Blackthorn Loop. To alleviate this congestion on Blackthorn Loop during this time, it is the express determination of the Town Board that right hand turns onto the westerly intersection of Blackthorn Loop be prohibited on Mondays through Fridays from 6:00 AM to 8:00 AM, each calendar year from January 1St to June 30th and September lst to December 31St of each calendar year except legal holidays and that appropriate traffic control signs be erected accordingly. Section III: Prohibited Turns at Intersections: Section 230-40 of the code of the Town of Wappinger entitled "Schedule VI: Prohibited Turns At Intersections" is hereby amended by including Myers Corners Road at the westerly intersection of Blackthorn Loop in said schedule as follows: Name of Direction Prohibited Hours At Intersection Street of Travel Turn of Myers Corners East Right Hand 6AM-8AM Westerly Road Mon -Fri Intersection 1/1 to 6/30 wBlackthorn and Loop 9/1 to 12/31 except legal holidays Section IV: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, work or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not effect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted it such illegal invalid or unconstitutional provision, clause, sentence, subsection, work or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable, had been specifically exempt therefrom. 15 02/28/2000.RGM Section V: Ratification: Except as amended by these additions to Section 230-40, the Code of the Town of Wappinger is hereby ratified and re- confirmed. Section VI: Effective Date: This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as. provided by the Municipal Home Rule Law. Seconded by Mr. Valdati Motion Unanimously Carried A Public Hearing having been held on a Local Law entitled "Testing Requirements and Protocol for Town Owned Water Systems and Facilities, that matter of its adoption was now placed before the Town Board for their consideration. COUNCILMAN RUGGIERO moved to adopt Local Law #_ of the year 2000 as follows: A Local Law entitled "Testing Requirements and Protocol for Town Owned Water Systems and Facilities". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger Local Law #_ of 2000, and entitled "Testing Requirements and Protocol for Town Owned Water Systems and Facilities". Section II: Legislative Intent: In the past several months there have been outbreaks of Giardia contamination in wells providing public supplies of water. One such outbreak was located in the water supply system serving the Roberts Running Creek Trailer Park, located off Pye Lane in the Town of Wappinger, and another such outbreak was located in the so-called Rockingham Wells owned by the Town of Wappinger. Current public health requirements do not require that these municipally owned or maintained water supply systems and facilities be tested for Giardia. Testing for another contaminant, Cryptosporidium, is also not mandated. In order to insure the safe quality of the water provided to the users of Town owned or maintained water facilities, it hereby is the express determination of the Town Board and in the interests of the public health, safety and welfare of the residents of the Town of Wappinger, to require additional testing above and beyond the minimum testing requirements of the New York State Health Department by requiring that all public water supply systems owned, operated and/or maintained by the Town of Wappinger, be tested every six months for Giardia and Cryptosporidium. 01 02/28/2000.RGM Section III: Water Tests: Chapter 234 is hereby amended by creating a new Article XI entitled "Mandatory Water Testing" and by the adoption of additional Code Section as follows: Section 234-61, Statement of Purpose. This Article is enacted for the purpose of requiring additional testing of Town of Wappinger owned or maintained water supply systems to insure that the quality of water supplied by the Town to its residents is of the highest quality and caliber. Section 234-62, Mandatory Testing: In March and September of each calendar year hereafter, all public supply water systems owned, operated and/or maintained by the town of Wappinger shall be tested for Giardia and Cryptosporidium. Section 234-63, Test Results: Upon completion of the tests, all such test results shall be filed with the Town Clerk of the Town of Wappinger. Section IV: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, work or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not effect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted it such illegal invalid or unconstitutional provision, clause, sentence, subsection, work or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable, had been specifically exempt therefrom. Section V: Ratification: Except as amended by these additions to Section 234, the Code of the Town of Wappinger is hereby ratified and re- confirmed. Section VI: Effective Date: This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Seconded by Mr. Valdati Motion Unanimously Carried Next is to introduce and set a Public Hearing for a Local Law for a Kent Road STOP sign. RESOLUTION TO INTRODUCE LL KENT ROAD STOP SIGNS The following Resolution was moved by COUNCILMAN RUGGIERO and seconded by Mr. Paoloni. 17 02/28/2000.RGM WHEREAS, the Town Board has received numerous request to make Northbound Kent Road at its intersection with Central Avenue a full stop intersection; and WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent and Joseph E. Paggi, Jr., Engineer to the Town, have previously stated they do not recommend using stop signs as a means to control speed; and WHEREAS, the Town Board, in response to numerous requests from residents of the Kent Road area, and in the absence of professional recommendations, has previously made the southbound intersection of Kent Road and Central Avenue as well as the eastbound intersection of Central Avenue with Kent Road full stop intersections; and WHEREAS, since the Town Board has previously made southbound Kent Road at Central Avenue and eastbound Central Avenue at Kent Road full stop intersections, Graham Foster, Highway Superintendent and Joseph E. Paggi, Jr., Engineer to the Town, to be consistent, now concur that northbound Kent Road at its intersection with Central Avenue also be made a full intersection. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The recitations above set forth are hereby incorporated as if fully set forth herein. 2. The Town Board hereby introduces for adoption Local Law #_ of the Year 2000 in the form annexed hereto. 3. The Town Board determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR and Section 117-5 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law #_ of 2000 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 27th day of March, 2000 at 7:20 p m, and that the Town Clerk is directed to post and publish notice of the Public Hearing in the form annexed hereto. The question of adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Ruggiero, Councilman Voting Aye In 02/28/2000.RGM Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. Next is to adopt the Resolution for Cellular One to lease Town Hall Site. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mr. Bettina RESOLUTION TOWN OF WAPPINGER TOWN BOARD RE: AUTHORIZATION TO LEASE TOWN PROPERTY TO DUTCHESS COUNTY CELLULAR TELEPHONE CORP., d/b/a CELLULAR ONE SUBJECT TO A PERMISSIVE REFERENDUM. WHEREAS, the Town Board presently owns property located at 20 Middlebush Road, Wappingers Falls, New York which is partly described on a certain map attaches as Exhibit "A" and upon which is located Town Hall as well as a separate building occupied by the New York State Police and Sloper-Willen Community Ambulance Service; and WHEREAS, Dutchess County Cellular Telephone Corp., d/b/a CellularOne, (hereinafter referred to as "CellularOne") desires to lease a portion of the aforedescribed premises as identified on Exhibit "A", to install, construct, operate, maintain, repair, alter, inspect and remove a communications facility which may include, but shall not be limited to a transmission tower, radio and microwave communications equipment and equipment building and if necessary a portable emergency generator with a self-contained gasoline or diesel powered fuel tank to be located on the leased premises adjacent to the equipment building; and WHEREAS, CellularOne will pay rent in the amount of Eighteen Thousand Dollars ($18,000.00) per year payable in monthly installments of $1,500.00, on the first of each month, to be increased by three percent (3%) annually, plus twenty five percent (25%) of all sublease revenue directly or indirectly received by CellularOne or $1,500.00 quarter annually per sub tenant, whichever amount is greater; and WHEREAS, the Town Board has determined that the use of the premises as proposed by CellularOne will not be inconsistent with the present uses of the premises by the Town of Wappinger, the State Police, and Sloper-Willen Community Ambulance Services and the lease would be a source of additional revenue to the Town; and WHEREAS, the proposed Lease, a copy of which is attached as Exhibit "B" is subject to CellularOne obtaining all necessary governmental approvals, building permits, site plan approval, zoning changes and/or approvals, variances, use permits and other governmental permits and approvals 19 02/28/2000.RGM necessary for the construction, operation and maintenance of the communications facility, and in particular, the proposed lease is subject to compliance with 240-81 of the Town of Wappinger Zoning Code entitled "Telecommunication Towers, Antennas and Personal Wireless Service Facilities"; and WHEREAS, the Town Board is desirous of leasing the subject premises in accordance with the terms stated in the proposed lease (attached as Exhibit "B"); and WHEREAS, the Town Board has determined that the proposed action, that is the leasing of the subject premises to CellularOne is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Title 6, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town of Wappinger Code; and WHEREAS, the Town Board has determined that the leasing of the subject premises is an action for which there are no other involved agencies and that the Town Board is therefore the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby declares that it is in the public interest to lease a portion of the premises, as identified in Exhibit "A" attached hereto, to CellularOne, in accordance with the conditions and provisions contained in the proposed Lease attached as Exhibit "B". 2. The Town Board of the Town of Wappinger has reviews the intended Action with respect to the Criteria set forth in Article 8 of the Environmental Conservation Law, Title 6, Part 617 NYCRR and with respect to the provisions of Chapter 117 of the Town of Wappinger Code, and hereby determines that the intended action is an Unlisted Action pursuant to Title 6, Part 617 NYCRR. 3. The Town Board of the Town of Wappinger hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency pursuant to Article 8 ECL and the related Title 6, Part 617 NYCRR. 4. The Town Board of the Town of Wappinger has caused to be completed Part 1 and Part 2 of the long -form Environmental Assessment Form (EAF) for this project in the form annexed hereto. 5. The Town Board of the Town of Wappinger has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR and hereby determines that the intended action, to wit, the leasing of the subject premises to CellularOne will not create any significant adverse 20 02/28/2000.RGM impacts on the environment and hereby issues a Negative Declaration of Significance for this action subject to CellularOne's compliance with 240-81 of the Town of Wappinger Zoning Code entitled "Telecommunications Towers, Antennas and Personal Wireless Services Facilities". 6. The Town Board of the Town of Wappinger hereby directs and authorizes the Supervisor of the Town of Wappinger to execute the Lease in substantially the same form as annexed in Exhibit "B", subject to a Permissive Referendum as permitted by law. The question of adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: CONSTANCE O. SMITH, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye JOSEPH RUGGIERO, Councilman Voting Aye VINCENT BETTINA, Councilman Voting Aye JOSEPH PAOLONI, Councilman Voting Aye The Resolution is hereby duly adopted. Next is to approve the Callahan Easement for Phase 3A, Tri -Muni. COUNCILMAN VALDATI moved to approve the Callahan Easement for $350. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN RUGGIERO moved to accept the Sciamatore Easement for $750, contingent upon conditions agreed upon. Seconded by Mr. Paoloni Motion Unanimously Carried Next is to authorize the filing of an application for the funds from Hudson River Greenway in the amount not to exceed $2,000. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption. RESOLVED, that Constance O. Smith, Supervisor of the town of Wappinger, Wappingers Falls, New York is hereby authorized and directed to file an application for funds from the Hudson River Greenway in accordance with the provisions of Title 3 of Clean Water/Clean Air Bond Act and/or the Hudson River Valley Greenway Act ( Article 44, Environmental Conservation Law) in an amount not to exceed the designated grant amount of $2000, and upon approval of said request to enter into and execute a project agreement with the Hudson River Valley Greenway for such financial assistance to this municipality of the Wappinger Greenway Trail. Seconded by Mr. Ruggiero 21 02/28/2000.RGM Motion Unanimously Carried Mr. Bettina was asked by some residents who live near Castle Point, why Castle Point Recreation was always locked up. Joe Ennesser explained that they are working on getting someone to open the parks on a daily basis. Supervisor Smith explained that one of the reasons, is, we had an insurance claim down there, and the other reason is we have had a terrible time with vandalism. Discussion followed. COUNCILMAN RUGGIERO moved to assign the opening and closing of the Town Parks to the Town Vandalism Patrol, and authorize Supervisor Smith to send a letter to Sergeant Corbett of Town Boards decision. Seconded by Mr. Bettina Motion Unanimously Carried Upon the recommendation of Graham Foster, Superintendent of Highways, the Wappinger Bid Report for 2000 was presented to the Town Board for their consideration. GASOLINE AGWAY BOTTINI Per Gallon, Unleaded 87 Octane RFG +.05 +.15 Per Gallon, Unleaded Plus 89 Octane RFG +.045 +.15 The Superintendent recommends the bid for Gasoline be awarded to Agway Petroleum Corp. FUEL OIL AGWAY BOTTINI WILSON Per Gallon #2 +.100 +.114 +.119 Diesel Fuel +.100 +.114 +.119 The Superintendent recommends the bid for Fuel Oil and Diesel Fuel be awarded to Agway Energy Products. (Prices above is based on and will fluctuate with the Journal of Commerce New York Harbor Reseller Tank Car Average posed on the day of delivery) SANDERS - 2 Units ESP $7576.00 each $15,152.00 CHEMUNG $7309.00 each $14,618.00 (Includes $320 each options) DUTCHESS DIESEL $7495.00 ea. $14,990.00 AMTHOR WELDING $7638.00 ea. $15,276.00 The Superintendent recommends the bid for Sanders be awarded to Chemung Supply. 3 TRUCK CABS & CHASSIS HEALY INTERNATIONAL TRUCKS $121,600.00 (w/trade) ARKEL MOTORS $117,398.00 (w/trade) W, Pup Site: Wappinger Falls LAND LEASE AGREEMENT THIS LAND LEASE AGREEMENT (this "Lease") is made and entered into as of the day of , 2000, by and between the Town of Wappinger, a municpal subdivision, with offices at Town Hall, 20 Middlebush Road, Wappinger Falls, New York 12590("Landlord") and Dutchess County Cellular Telephone Corp., d/b/a CellularOne, 1351 Route 55, Lagrangeville, New York 12540, a Delaware corporation, ("Tenant"). WITNESSETH: 1. Premises: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord that certain real property (the "Leased Premises") situated in the Town of Wappinger, County of Dutchess, State of New York, as more particularly described on Exhibit "A" attached hereto. Landlord also grants Tenant a non-exclusive access for ingress and egress, parking, utilities, construction, maintenance, operation and removal relating to Tenant's use of the Leased Premises on, over, under and upon the adjacent land of Landlord. Tenant's use of the Leased Premises is subject to the approval of the Town's other tenants (the New York State Police and Sioper-Willen Community Ambulance Services) who have leases for space in the vicinity of the Leased Premises. Landlord will make its best efforts to obtain such approvals from these other tenants within thirty (30) days of the full execution of this Lease. 2. Use: The Leased Premises shall be used to install, construct, operate, maintain, repair, alter, inspect, and remove a communications facility, which may include, but shall not be limited to, a transmission tower, radio and microwave communications equipment, an equipment building and, if necessary, a portable emergency generator with a self-contained gasoline- or diesel- powered fuel tank to be located on the Leased Premises adjacent to the equipment building. For the purposes of this Lease, the transmission tower and all of Tenant's equipment, building, generator, cables, wires, antennas, switches, microwave dishes, and accessories shall hereinafter collectively be referred to as the "Communications Facility." The Communications Facility may be installed by Tenant or by any of Tenant's agents or contractors. The Communications Facility is subject to the approval of the Planning Board, which shall approve Tenant's plans upon the advice and consent of the Town Board. This Planning Board approval is a prerequisite to the permitting and approval process detailed in Paragraph 19. 3. Term: (a) Primary Term. The Primary Term of this Lease shall be for five (5) years, and shall commence the day after Tenant's receipt of all necessary approvals to C&F&W ZVIV 0+ construct and operate the Communications Facility and shall terminate at 11:59 p.m. on the fifth anniversary of such date, unless sooner terminated as provided herein. (b) Extended Terms. Tenant is granted the option to extend the Primary Term of this Lease for four (4) additional periods of five (5) years each ("Extended Term") provided Tenant is not then in default hereunder. Each of Tenant's options to extend will be deemed automatically exercised without any action by either party unless Tenant gives written notice of its decision not to exercise any option(s) to Landlord at least six (6) months before expiration of the then current term. 4. Rent: (a) Tenant agrees to pay Landlord, as Base Rent, the annual sum of Eighteen Thousand ($18,000.00) Dollars payable in monthly installments of One Thousand Five Hundred ($1,500.00) Dollars, in advance on or before the first business day of each and every month during the Primary Term and each Extended Term to Landlord at its address designated in Section 8. (b) Rent Adjustment. The amount of Base Rent payable hereunder shall be adjusted and increased by three percent (3%) annually commencing with the first anniversary of the Commencement Date and thereafter on each and every anniversary of the Commencement Date during the Primary Term and Extended Term as provided in paragraph 3(a) and (b) above. (c) Prorated Rent. Rent for any period during the term hereof which is less than one (1) month shall be prorated based on a thirty-one (31) day month. 5. Access and Utilities: Landlord hereby grants to Tenant, for use by Tenant, its employees, agents, contractors, and by utility companies easements and licenses over, under, upon, and across adjoining lands of the Landlord, the property and rights-of-way or easements owned or leased by Landlord, on a twenty-four (24) hour daily basis for (a) ingress and egress to and from the Leased Premises (the "Access Easement"), and (b) the installation, operation, and maintenance of necessary utilities for the Leased Premises (the "Utility Easement"). If reasonable in Tenant's opinion, such Access Easement and Utility Easement shall be over and lie within existing roads, parking lots, and/or roads established by Tenant hereafter. Tenant shall have the right, but not the obligation to improve the Access Easement, by grading, graveling, or paving it. The Access Easement and the Utility Easement are more particularly described on Exhibit "A" attached hereto and made a part hereof. Tenant shall request approval from Landlord prior to any change in the particular location of any Access Easement or Utility Easement, if such shall differ from the descriptions on Exhibits "A" hereto. CI F&W :sa7:1 04 6, Utilities at Tenant's Cost: Tenant shall be solely responsible for and promptly pay all charges for gas, electricity, telephone service, or any other utility used or consumed by Tenant on the Leased Premises. If necessary, Tenant shall have an 4w electrical current meter installed at the Leased Premises for Tenant's electrical usage, and the cost of such meter and of installation, maintenance, and repair thereof shall be paid for by Tenant. 7. Holding Over: Should Tenant hold possession of the Leased Premises or any portion thereof after the date upon which the Leased Premises are to be surrendered, Tenant will become a tenant on a month-to-month basis upon all the terms, covenants, and conditions of this Lease except those pertaining to Lease term and, during any such month-to-month tenancy, Tenant shall pay monthly rent in the amount which is equal to the then -current Base Rent. Tenant will continue occupancy from month-to-month until terminated by Landlord or Tenant by the giving of thirty (30) days' written notice to the other. 8. Notice: All notices or demands are deemed to have been given or made when delivered in person or mailed by certified, registered, return receipt requested or express mail, postage prepaid, United States mail, and addressed to the applicable party as follows: Tenant: Dutchess County Cellular Telephone Co d/b/a CellularOne �Aw 1351 Route 55 Lagrangeville, New York 12540 Attention: Property Manager Phone; (914) 483-8108 With a copy to. American Cellular Wireless LLC 1375 Woodfield Rd., Suite 700 Schaumburg, Illinois 60173 Phone: (847) 995-8770 Landlord: Supervisor Town Board of the Town of Wappinger 20 Middlebush Road Wappinger Falls, New York 12590 Phone: (914) 297-2744 Town Clerk Town of Wappinger 20 Middlebush Road Wappinger Falls, New York 12590 Phone; (914) 297-5771 A party may change its address to which any notice or demand may be given by written notice thereof to the other party. 9. Liability and Indemnity: Tenant agrees to indemnify and save the Landlord harmless from all claims (including costs and expenses of defending against C&Ftw 251329 64 such claims) arising or alleged to arise from any breach of this Lease by Tenant, or any negligent act, negligent omission, or intentional tort of Tenant or Tenant's agents, employees, or contractors, invitees or licensees occurring during the term of this Lease in or about the Leased Premises. Landlord agrees to indemnify and save Tenant harmless from all claims (including cost and expenses of defending against such claims) arising or alleged to arise from any breach of this Lease by Landlord, or any negligent act, negligent omission or intentional tort of Landlord or Landlord's agents, employees, or contractors, occurring during the term of this Lease. The provisions of this Section 9 shall survive the termination of this Lease. 10. Termination: (a) Tenant has the right to terminate this Lease at any time upon any of the following events: (i) Upon providing Landlord six (6) months written notice; or, (ii) If the approval of any agency, board, court, or other governmental authority necessary for the construction and/or operation of the Communications Facility cannot be obtained, or is revoked, or If Tenant determines the cost of obtaining such approval is prohibitive; or, (iii) If Tenant determines that the Leased Premises is not appropriate for locating the Communications Facility for technological reasons, vow including, but not limited to, signal interference; or, (iv) If upon inspection of the Leased Premises Tenant identifies any environmental contamination or other geotechnical condition unacceptable in Tenant's sole discretion. (b) Tenant will give Landlord thirty (30) days written notice of termination of this Lease under the terms of this Section 10(a) (ii), and (iii). Tenant may terminate immediately upon written notice under the terms of this Section 10(a) (iv). Upon termination, neither party will owe any further obligation under this Lease except as otherwise provided in Section 11 and except for the indemnities and hold harmless provisions in this Lease, the provisions of Section 21, Section 23, the prompt reimbursement of pro -rata prepaid rent, and Tenant's responsibility of removing all of the Communications Facility from the Leased Premises and restoring the Leased Premises to its condition as of the commencement date of this Lease, as near as practicable, save and except utilities installed, access areas improved, removal of vegetation for construction purposes, items constructed or changed by any person(s) or entity(ies) other than Tenant, normal wear and tear, and matters beyond Tenant's control. C MW 25-1329 M 11. Default: (a) Notwithstanding anything in the Lease to the contrary, Tenant shall not be in default under this Lease until thirty (30) days after receipt of written notice from Landlord specifying Tenant's failure to comply with any material provision of this Lease, which failure is not cured within said thirty (30) days; provided, however, where such default cannot reasonably be cured within thirty (30) days, Tenant shall not be deemed to be in default under this Lease if Tenant commences to cure such default within said thirty (30) days and thereafter diligently pursues such cure to completion. For monetary defaults the applicable period of time above shall be changed from thirty (30) days to ten (10) days with regard to notice and cure. (b) In the event of Tenant's default in the payment of rentals or compliance with any other material provision of this Lease, Landlord may, at its option, terminate this Lease without affecting its right to sue for all past due rentals and any other damages to which the Landlord may be entitled. Should Landlord be entitled to collect rentals or damages and be forced to do so through its attorney or by some other legal procedures, Landlord shall be entitled to its reasonable costs and attorney fees thereby incurred. (c) In the event of Landlord's failure to comply with any material provision of this Lease, which failure is not cured within thirty (30) days after receipt of written notice thereof from Tenant (provided, however, where any such default cannot reasonably be cured within thirty (30) days, Landlord shall not be deemed to be in default under this Lease if Landlord commences to cure such default within said thirty (30) days and thereafter diligently pursues such cure to completion), Tenant may, at its option, cure the failure at Landlord's expense or terminate this Lease without affecting its right to demand, sue for, and collect all of its damages arising out of Landlord's said failure to comply (including consequential damages). If Tenant is entitled to collect or otherwise remedy said damages, and if Tenant should seek enforcement of its rights through an attorney or other legal procedures, Tenant is entitled to collect in addition to any other amounts owed, its reasonable costs and attorneys' fees thereby incurred. (d) The rights and remedies stated in this Lease are not exclusive and the parties, in the event of a breach hereof or a dispute, are entitled to pursue any of the remedies provided herein, by law, or by equity. (e) No course of dealing between the parties or any delay on the part of a party to exercise any right it may have under this Lease shall operate as a waiver of any of the rights hereunder or by law or equity provided, nor shall any waiver of any prior default operate as the waiver of any subsequent default, and no express waiver shall affect any term or condition other than the one specified in such waiver, for the time and manner specifically stated. CArAW 25-1117 oa 12. Taxes: Tenant shall pay to Landlord Tenant's share of any of taxes that would be due by Tenant, if Landlord were not exempt for taxes for the Leased Premises. This Payment in Lieu of Taxes (PILOT) shall be paid by Tenant within sixty i%w (60) days of receipt of sufficient documentation indicating calculation of Tenant's said share.ln January of each year, the assessor for Landlord shall provide Tenant with a bill seeking PILOT fees. Such fees shall be based on the assessed value of the Tower, multiplied by the applicable tax rate per thousand in the jurisdiction of which the Leased Premises are a part. 13. Insurance: Tenant, at its expense, shall maintain in force during the term of this Lease a combined single limit policy of bodily injury and property damage insurance, with a limit of not less than Three Million ( $3,000,000.00) Dollars insuring Landlord and Tenant against all liability arising out of Tenant's use, occupancy, or maintenance of the Leased Premises, which policy shall be endorsed to Landlord as additional insured. 14. Tests: Tenant is hereby given the right to survey, soil test, radio coverage test, and to conduct any other investigations needed to determine if the surface and location of the Leased Premises is suitable for Tenant's use as intended by this Lease. 15. Right of First Refusal: Intentionally omitted. 16. Fixtures: Landlord covenants and agrees that all personal property and improvements of every kind and nature constructed, erected, or placed by Tenant on the Leased Premises, or other real property owned by Landlord, shall be and remain the property of Tenant despite any default or termination of this Lease and may be removed by Tenant anytime in Tenant's discretion provided that Tenant at its expense shall restore the Leased Premises pursuant to Section 10(b). At the expiration or termination of this Agreement, Landlord shall have the option to either have Tenant's transmission tower removed by Tenant, or to have it remain upon the Leased Premises, and become the sole property of Landlord. Landlord shall give notice of its desire to have the tower remain on the Leased Premises at least sixty (60) days prior to the end of any term or renewal term. In the absence of such notice, Tenant shall remove the tower at the termination of the Lease. At the beginning of the Primary Term, tenant shall procure a removal bond for the removal of the transmission tower to be installed by Tenant. 17. Memorandum of Agreement: After preparation of the legal descriptions of the Leased Premises, Access Easement, and Utility Easement, each party, at the request of the other, shall sign a Memorandum of Lease and Right of First Refusal substantially in the form attached hereto as Exhibit "R"; and Tenant, at its sole expense, may record the Memorandum of Lease and Right of First Refusal in the land records recording office(s) reasonable for notice purposes. ceriw 2541:7, OJ 18, Assignment and Subletting by Tenant: Tenant may, upon Landlord's consent, which shall not be unreasonably delayed, conditioned, or denied, assign or sublet any or all of Tenant's interest in this Lease, the Access Easement, the Utility Easement, any part of the foregoing, the leaseholder's interest of Tenant created hereby, and/or any or all of Tenant's right, title, and interest in and to any or all of the Communications Facility, except that Tenant may, with prior written notice to Landlord, assign or transfer its rights and obligations under this Lease to any of its affiliates or to any successor to its FCC license, Landlord's failure to either approve or reject Tenant's request for assignment or subletting within forty-five (45) days of receipt of Tenant's request shall be deemed an approval. Tenant shall remit to Landlord, on a quarterly annual basis, twen five Percent 225°/ of all sublease revenue ,direct or indirect, received by Tenant or Fifteen Hundred ($1500.00) Dollars per subtenant /per quarter, whichever formula produces the greater revenue to Lessor. 19. Permits: Landlord acknowledges that following the execution of this Lease, Tenant will be contacting the appropriate local governmental agencies for the purpose of obtaining all building permits and approvals, zoning changes and/or approvals, variances, use permits, and other governmental permits and approvals, including Federal Aviation Administration approval, (collectively, "Permits") necessary for the construction, operation, and maintenance of the Communications Facility. Landlord agrees to fully cooperate with Tenant in obtaining the Permits and to execute any applications, maps, certificates, or other documents that may be required in connection with the Permits. 20. Consent: Whenever under the Lease the consent or approval of either party is required or a determination must be made by either party, no such consent or approval shall be unreasonably withheld, conditioned, or delayed, and all such determinations shall be made on a reasonable basis and in a reasonable manner. 21. Environmental Matters: (a) Landlord represents to the best of its knowledge that there are no Environmental Pollutants on or in the Leased Premises and the property is not in violation of any Applicable Environmental Law. Landlord has provided Tenant with all environmental reports for the Leased Premises in its possession. (b) Landlord agrees to indemnify and hold Tenant, and Tenant's agents, employees, successors and assigns, harmless from any and all claims, damages, fines, penalties, judgments, costs and liabilities ("Losses") arising out of or related to any breach or inaccuracy of Landlord's representations made in the first sentence of paragraph 21(a) above, regarding the presence of Environmental Pollutants on or in the Leased Premises except Losses caused solely by Tenant's own C&F&%V :541V 04 use, spill discharge, release or deposit of Environmental Pollutants on the Leased Premises, Such Losses shall include, without limitation: attorney, consultant and laboratory fees and costs; investigation and assessment expenses; cleanup and remediation expenses; expenses associated with discharging any liens; business interruption expenses; and, all expenses associated with the preparation submittal of any plans, reports or other submissions to any governmental entity. (c) Unless caused by Tenant or Tenant's agents, licensees or invitees, Landlord shall at Landlord's own expense, promptly take all steps necessary to contain, investigate and remedy the release of any Environmental Pollutants on or in the Leased Premises or which effects or threatens to effect the Leased Premises, Landlord shall report such release and coordinate its remedy with all appropriate governmental entities and shall remediate all resulting damage to any person or property. Should Landlord fail to respond to a remedy, Tenant may undertake such response or remedial action and all Tenant's costs and fees associated therewith shall be included as indemnified Losses. For any release of Environmental Pollutants caused by Tenant or Tenant's agents, licensees or invitees, Tenant shall at Tenant's own expense, promptly take all steps necessary to contain, investigate and remedy the release of any Environmental Pollutants on or in the Leased Premises or which effects or threatens to effect the Leased Premises. Tenant shall report such release and coordinate its remedy with all appropriate governmental entities and shall remediate all resulting damage to any person or property. Tenant agrees to indemnify and hold Landlord, and Landlord's a9.ents, employees, successors and assigns harmless from any and all claims, damages, fines, penalties, judgments, costs and liabilities ("Losses") arising out of or related to the release of any Environmental Pollutants caused by Tenant Should Tenant fail to respond to a remedy, Landlord may undertake such response or remedial action and all Landlord's costs and fees associated therewith shall be included as indemnified Losses. (d) "Environmental Pollutants" means all hazardous or toxic substances so listed in Applicable Environmental Law, including without limitation, hazardous materials, petroleum, asbestos and nuclear waste. (e) "Applicable Environmental Law" means federal, state, or local laws and regulations pertaining to hazardous, toxic or polluting substances, including but not limited to CERCLA and RCRA. (f) Landlord shall promptly and fully cooperate with any environmental consultant retained by Tenant to inspect the Leased Premises and shall promptly provide all additional information which may be reasonably requested by Tenant in connection with such investigations by an environmental consultant. CSF&W 2541:7 N Lease. (g) The provisions of this Section 21 shall survive termination of this �4w 22. Fences: During the term of the Lease, as it may be extended, Tenant may fence in that portion of the Leased Premises as Tenant determines is reasonable for protection of the Communications Facility. In most cases, Tenant will only fence areas around the tower, equipment building and/or guy anchor points, if any. Landlord shall not prohibit Tenant's access to the Leased Premises, or be entitled to use such portion so fenced for any purpose. 23. Title: Landlord represents and warrants to Tenant that Landlord has good and marketable title to the Leased Premises, Access Easement, and Utility Easement, free and clear of all liens, encumbrances, and exceptions. Landlord shall warrant and defend the same to Tenant against the claims and demands of all persons and entities. If Landlord is a corporation, partnership or other legal entity, the individual(s) who execute(s) this Lease on behalf of Landlord represent(s) and warrant(s) that he or she is duly authorized to do so. 24. Condemnation of Leased Premises: In the event that any government, public body, or other condemning authority shall take, or if Landlord shall transfer in lieu of such taking, all or such part of the Leased Premises, Access Easement, or Utility Easement thereby making it physically or financially infeasible, at Tenant's reasonable discretion, for the Leased Premises to be used in the manner intended by this Lease, Tenant shall have the right to terminate this Lease effective as of the date of the taking W by the condemning party and the rental shall be prorated appropriately. However, if only a portion of the Leased Premises, Access Easement, or Utility Easement is taken, and Tenant does not elect to terminate this Lease under this provision, then the Lease shall continue but rental payments provided under this Lease shall abate proportionally as to the portion taken which is not then usable by Tenant, and Landlord shall make all necessary repairs and alterations to restore the portion of the Leased Premises, Access Easement, and Utility Easement remaining to as near their former condition as circumstances will permit (at a cost not to exceed Landlord's proceeds from said condemnation or transfer). 25. Quiet Enjoyment: Landlord covenants that Tenant, upon paying the rent and observing the other covenants and conditions herein upon its part to be observed, shall peaceably and quietly hold and enjoy the right to use the Leased Premises, Access Easement, and Utility Easement on the terms and conditions and for the purposes stated herein during the term of this Lease, as it may be extended, without hindrance, ejection, or molestation by Landlord or any person(s) or entity(ies) claiming under the Landlord. C&FCW :747:9 04 26. Entire_ Agreement and Binding Effect: This Lease and any attached exhibits constitute the entire agreement between Landlord and Tenant; no prior written promises, or prior, contemporaneous, or subsequent oral promises or representations, I.► shall be binding. This Lease shall not be amended or changed except by written instrument signed by the parties hereto. Section captions herein are for convenience of reference only and neither limit nor amplify the provisions of this Lease. The invalidity of any portion of this Lease shall not have any effect on the balance thereof. The provisions of this Lease shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of said Landlord and Tenant. 27. _Governing Law: This Lease shall be governed by the laws of the State of New York. 28. Duplicate: This Lease may be prepared for execution by duplicate originals, each of which shall constitute one in the same instrument. [Signatures appear on the following pages.] csrm.w 2543:7. a IN WITNESS WHEREOF, Landlord and Tenant have signed and sealed this Lease as of the date and year first above written. TENANT: Dutchess County Cellular Telephone Co. d/bla CellularOne M Print Name: Jim McKethan Title: General Manager Tax I. D.# or S.S.#: UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT STATE OF ) ) ss. COUNTY OF ) On the day of in the year before me, the undersigned personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and Office of individual taking acknowledgement Cd &W 3747:7 04 LANDLORD: Town of Wappinger By: Print Name: Title: UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT STATE OF ) ss. COUNTY OF ) On the day of in the year before me, the undersigned personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and Office of individual taking acknowledgement C&F&W 254121 04 EXHIBIT "A" Page 1 of 2. Exhibit "A" attached to and made a part of that certain Land Lease Agreement entered into by and between Town of Wappinger Falls as Landlord, and Dutchess County Cellular Telephone Co._ as Tenant, and dated Legal Description LEASED PREMISES A parcel of real property, together with the improvements thereupon, if any, briefly described as located on 20 Middlebush Road, and containing approximately acres/square feettmeasurements , located in the Town of Wappinger Falls , County of Dutchess , State of New York and as depicted by the sketch or drawing attached hereto and incorporated herein. Lat: 41, 35, 6.46 Long: 73, 55, 13.08 ACCESS EASEMENT and UTILITY EASEMENT As defined in Section 5 of this Lease and as depicted by the sketch or drawing attached hereto and incorporated herein. Said descriptions and drawing and/or sketch are intended as temporary identification of the Leased Premises and Access and Utility Easement, and the parties hereto agree that, upon completion, Tenant's legal description and surveyor's plat shall be substituted for the temporary descriptions and drawing and/or sketch of the Leased Premises and Access and Utility Easement by an addendum to this Lease. In the event Tenant's survey/legal description differs materially from the temporary identification of the Leased Premises and Access and Utility Easement provided herein, Tenant may terminate this Lease without further obligation to Landlord. C&AW 1..027 01 EXHIBIT "A" Page 2 of 2. C&Ftw :54327 a EXHIBIT "B" Prepared By: Dutchess County Cellular Telephone Co. D/b/a CellularOne 1351 Route 55 Lagrangeville, New York 12540 Property Manager Mail Recorded Original to: Attn: Property Manager Dutchess County Cellular Telephone Co. D/b/a CellularOne 1351 Route 55 Lagrangeville, New York 12540 FOR RECORDER'S USE ONLY MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is made and entered into as of the day of �, 2000, by and between Town of Wappinger Falls of 20 Middlebush Road, Wappinger Falls, New York 12590 r ("Landlord"), and Dutchess County Cellular Telephone Co. _ a Delaware corporation, with an address at 1351 Route 55, Lagrangeville, New York 12540 ("Tenant"). WITNESSETH: For good and valuable consideration, Landlord leases to Tenant and Tenant leases from Landlord, that certain real property, hereinafter referred to as "Leased Premises," situated in the Town of Wappinger Falls I County of Dutchess , State of New York and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. The term of said lease is for five(5) g _ 1.00 ( )years, commencing on 2000 and terminating on— , 2005 subject to Tenant's option to extend the term for CAFd•W :54)S1 Od four (4) additional periods of five (5) years each, upon the consideration, terms, covenants, conditions, limitations, and restrictions set forth in that certain Land Lease Agreement of even date herewith between the parties hereto covering the land hereinabove described, including the right of Tenant to remove any fixtures installed or improvements made by Tenant as permitted by said Lease, and said Lease is hereby incorporated herein with the same force and effect as though herein set forth at length, and a copy of the provisions of said Lease material to this Memorandum is available from either party hereto at their above -stated respective addresses. 0 C&FSW .547:7 a IN WITNESS WHEREOF, Landlord and Tenant have signed and sealed this Memorandum of Lease and Right of First Refusal as of the date and year first above written. �4w LANDLORD: By: Print Name: Title: Tax I.D.# or S.S.#: UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT STATE OF ) %W )Ss. COUNTY OF On the day of in the year before me, the undersigned personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and Office of individual taking acknowledgement M r caws :54127 ai TENANT: Dutchess County Cellular Telephone Co. By: Print Name: Jim McKethan Title: General Manager UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT STATE OF ------------- COUNTY OF ss.) On the day of in the year before me, the undersigned personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and Office of individual taking acknowledgement IR CAFAW :34727 W EXHIBIT "A" Page 1 of 2. Exhibit "A" attached to and made a part of that certain Memorandum of Lease and Right of First Refusal entered into by and between Town of Wappinger Falls as Landlord, and Dutchess County Cellular Telephone Co. as Tenant, and dated , 2000. Legal Description LEASED PREMISES A parcel of real property, together with the improvements thereupon, if any, briefly described as located on [Lot No./Address]20 Middlebush Road and containing approximately (acres/square feettmeasurements] 10,000 ft , plus/minus , located in the Town of Wappinger Falls County of Dutchess , State of New York and as depicted by the sketch or drawing attached hereto and incorporated herein. Lat: 41, 35, 6.45 Long: 73, 55, 13.08 ACCESS EASEMENT and UTILITY EASEMENT As defined in Section 5 of this Lease and as depicted by the sketch or drawing attached hereto and incorporated herein. Said descriptions and drawing and/or sketch are intended as temporary identification of the Leased Premises and Access and Utility Easement, and the parties hereto agree that, upon completion, Tenant's legal description and surveyor's plat shall be substituted for the temporary descriptions and drawing and/or sketch of the Leased Prernises and Access and Utility Easement by an addendum to this Lease, In the event Tenant's survey/legal description differs materially from the temporary identification of the Leased Premises and Access and Utility Easement provided herein, Tenant may terminate this Lease without further obligation to Landlord. n C&F&W 2547:7 CW q EXHIBIT "A" Page 2 of 2. F IR IR 02/28/2000.RGM The Superintendents recommends the bid for 3 Truck Cabs be awarded to Arkel Motors. STRIPING OF TOWN ROADS M&S STRIPING $240.00 per mile double yellow ATLANTIC PAVEMENT MARKING, INC. $209.00 per mile double yellow Bid statements were unsigned by Atlantic Pavement, thereby disqualifying the bid. The Superintendent recommends awarding the bid to M&S Striping. Discussion followed. COUNCILMAN VALDATI moved to disqualify the two bidders and rebid for Striping of Town Roads. Seconded by Mr. Ruggiero Motion Unanimously Carried PICK-UP TRUCK POUGHKEEPSIE CHEVROLET $22,529.00 (w/trade) HYDE PARK DODGE $26,233.00 (w/trade) The Superintendent recommends the bid for the pick-up truck to Poughkeepsie Chevrolet. 2000 TOWN RECYCLING BULK PICKUP ROYAL CARTING SERVICE PROPOSAL We the undersigned propose to furnish the Town of Wappinger a Town Clean- up bid as follows: 1. Metal - 98.75/Pull - $0.00 Disposal Tires - $122.50/Ton -$107.50/Pull (Passenger Car Tires Only) 2. Truck & Driver - $82.60/Hr. - Helper - $27.25 Hr. 3. $68.50/Ton - Disposal - $107.50 Pull 4. Tires - $122.50/Ton - $107.50 Pull (Passenger Car Tires Only) MISC. CHARGES - - N/A BIDDER: ROYAL CARTING ADDRESS: ROUTE 82 Box 1209 HOPEWELL JUNCTION, NY 12533-1209 The Superintendent recommends the bid for Town Bulk Clean -Up be awarded to Royal Carting, they being the only bid. SIGNS & SIGN POSTS ITEM CHEMUNG ESP HILLMAN STOP SIGNS 23 02/28/2000.RGM 30" 17.95 25.00 23.00 24" 14.95 22.00 17.90 EXTRUDED ALUMINUM STREET SIGNS 6 x 24 - 16.75 15.75 (4" letters) 6 x 30 - 16.75 17.95 6 x 36 - 16.75 19.95 SQUARE DIAMOND REGULAR 12 x 18 - 6.50 7.75 18 x 24 - 12.50 14.50 24 x 24 - 16.00 18.50 24 x 30 - 23.50 21.25 12 x 36 - 12.50 14.50 24 x 36 - 22.90 26.95 30 x 30 - 22.50 26.00 36 x 36 - 35.00 39.00 48 x 48 - 58.00 52.00 SIGN POSTS 8'U Channel Post 21b. 5.04 5.24 TU Channel Starter 2.59 2.68 - U Channel Post Caps 4.74 4.10 3.95 Extruded Cross PL 4.89 4.20 3.95 6' Delineators 1.21b. 2.89 2.90 - The Superintendent recommends the following bid awards: STOP SIGNS - 30" & 24" Chemung EXTRUDED ALUMINUM STREET SIGNS: 6x24 Hillman 6x30, 6x36 ESP SQUARE DIAMOND REGULATION: 24x30 & 48x48 Hillman all other dimensions ESP SIGN POSTS: 8'& 4" U Channel 21b.& 6' Delineators Chemung U Channel Post Caps & Extruded Cross PL Hillman CULVERT PIPE CORRUGATED METAL VELLANO CHEMUNG ESP SCHMIDT'S 12" - 16 ga. 4.29 4.54 4.29 4.39 15" - 16 ga. 5.53 5.83 5.51 5.66 18" - 16 ga. 6.89 7.03 6.71 7.05 24" - 14 ga 10.46 10.72 10.55 10.71 30" - 14 ga. 12.92 13.18 12.78 13.23 36" - 12 ga. 20.82 20.87 20.10 21.32 48" - 12 ga. 27.47 27.54 27.10 28.13 60" - 10 ga. 42.86 42.08 42.00 43.89 6" perf. 2.15 1.78 2.00 2.19 8" per£ 2.72 2.38 2.43 2.78 VIA Wj F� 02/28/2000.RGM 25 10" perf. 3.57 3.64 3.67 3.66 Bands 1' of pipe 1' of pipe 1' of pipe 1' of pipe A.D.S. REG 12" 2.53 - - 2.59 15" 3.48 - - 3.56 18' 5.42 - - 5.55 24" 8.59 - - 8.80 A.D.S. N12 12" 2.93 - 2.84 3.00 15" 3.79 - 3.87 3.88 18" 5.79 - 5.91 5.95 24" 9.05 - 8.90 9.27 30" 14.81 - 14.05 15.16 36" 18.90 - 18.45 19.55 The Superintendent recommend the following bid awards: CORRUGATED METAL 12", 15", 18", 30", 36", 48", 60", ESP 24" Vellano 6" and 8" per£ Chemung 10" per£ Vellano A.D.S. Regular 12", 15", 18", 24" Vellano A.D.S. N12: 12", 24", 30", 36" ESP 151), 18" Vellano CATCH BASINS, GRATES, FRAMES, MANHOLE RISERS BASINS E.S.P. VELLANO CHEMUNG SCHMIDT"S 24 x 24 x 24 140.00 - 185.25 193.05 24x 24 x 36 175.00 - 185.25 263.25 30 x 48 x 24 - - 269.00 - 30 x 48 x 30 195.00 - 269.00 257.40 MANHOLE LIDS E.S.P. VELLANO CHEMUNG SCHMIDT'S 2" x 24 60.00 40.90 - 85.80 2 x 25 - 3/8 70.00 60.00 - 95.70 2 x 25 - 34 70.00 57.84 - 102.30 WATER RISERS 6 x 1 3.65 2.75 - - 6x2 5.25 4.00 - - 6 x 3 6.60 6.00 - - 7 1/2 x 1 4.00 - - 3.60 71/2 x 2 6.50 - - 5.40 71/2 x 3 8.25 - - 7.80 25 02/28/2000.RGM GRATES & FRAMES 24 x 24 74.00 69.80 102.50 90.00 30 x 48 197.00 199.00 259.00 236.25 30 x 30 96.00 96.00 141.50 106.25 CATCH BASIN RISERS (2" Rise) A-36 Steel up to 551 sq. in. 102.00 - 127.49 - 551-625 sq. in. 109.00 - 132.99 ej - 626-73- sq. in. 117.00 - 141.24 - 731-1133 sq. in. 131.00 - 147.99 - Over 1134 139.00 - 176.94 - MANHOLE RISERS E.S.P. VELLANO CHEMUNG SCHMIDT'S 2" x 24" 32.00 29.00 - 130.90 2" x 25 3/8 47.00 42.00 - 185.90 2" x 25 3/ 47.00 36.00 - 185.90 The Superintendent recommends the following bids awarded: BASINS 24x24x24 ESP 24x24x36 ESP 30x48x3O ESP 30x48x24 Chemung MANHOLE LIDS 2x24, 2x25-3/8, 2x25-3/4 Vellano rrl� WATER RISERS 6x1, 6x2, 6x3 Vellano 7-1/2x1, 7-1/2x2, 7-1/2x3 Schmidt's GRATES/FRAMES 24x24,30x30 Vellano 30x38 ESP CATCH BASIN RISERS (2" rise) Mfg. From A-36 steel The Superintendent recommend the bid for Catch Basin Risers be awarded to ESP. MANHOLE RISERS The Superintendent recommends the bid for Manhole Risers be awarded to Vellano. ROAD AGGREGATES (see attached analysis) BIDS FOR BITUMINOUS CONCRETE Mr. Foster explained, that due to some confusion over their forms concerning disclosures and non -collusion, one of the bidders did not sign the form. The form in question was the low bidder. Their geographic location also provided us with a lower trucking cost for hauling our blacktop. Mr. Foster 26 02/28/2000.RGM recommends we reject both bids and purchase our blacktop on the New York State O.G.S. contract. COUNCILMAN VALDATI moved to out to rebid for Bituminous Concrete. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is to award the Bid for the Multipurpose Body w/Plow. The following bids were received. 1. Dutchess Diesel for Frink and B.W.S. equipment as spec'd by us - 3 Units: $85,446.00 2. Amthor Welding Service (as bid) which does not meet our specs. $85,425.00 The difference in the two bids is $21.00 or $7.00 per unit. Mr. Foster recommends we disqualify the low bidder, as not meeting our specs and award the bid to Dutchess Diesel for $85,446.00. Mr. Foster explained that he will continue to work with Amthor to improve the performance of the two units purchased in 1999, until it reaches an acceptable level. COUNCILMAN VALDATI moved to award the bid for the Multi Purpose Body w/Plow to Dutchess Diesel, for Frink and B.W.S equipment as specified - 3 units for $85,446.00 upon the recommendation of Mr. Foster. Seconded by Mr. Ruggiero Motion Unanimously Carried CRUSHED STONE The Highway Superintendent recommends the bid for crushed stone be awarded to Blacktop Maintenance Corp. for 1/2, 5/8, 1/2 and Item 4. The Highway Superintendent recommends the bid for crushed stone be awarded to Clove for 1/ , 3/8, and 3/ . RUN OF BANK GRAVEL The Highway Superintendent recommends the bid for run of bank gravel be awarded to Route 82 Sand and Gravel. WASHED GRAVEL The Highway Superintendent recommends the bid for washed gravel be awarded to Route 82 Sand & Gravel. SNOW/ICE AGGREGATE The Highway Superintendent recommends the bid for snow/ice aggregate be awarded to Clove. COUNCILMAN VALDATI moved to award the Bids to the low bidders, as recommended by the Highway Superintendent, Graham Foster. 27 Seconded by Mr. Paoloni 02/28/2000.RGM Motion Unanimously Carried Several requests from Gerry Terwilliger for temporary transfer of funds. The first is a request to transfer an additional $20K from the A Fund to Central Wappinger Water Emergency District #1 on a temporary basis until new District's funding is in place. This will enable the town to pay bills it has incurred in the drilling of the two new wells at the Atlas Well site. COUNCILMAN RUGGIERO moved to authorize the transfer of 20K from 0J C $ the A Fund to Central Wappinger Water Emergency District #1 on a temporary basis as requested by Mr. Terwilliger. Seconded by Mr. Valdati Motion Unanimously Carried The second request from Mr. Terwilliger is the temporary transfer of $75K from B Fund to the Capital Fund -Regency Drive Culvert Replacement on a temporary basis to pay bills incurred to date on project. This project is to be funded through the New York State Multi -Modal Transportation Program. The funds will be returned to the B Fund when New York State makes payment on the project to the Town. COUNCILMAN RUGGIERO moved to authorize the transfer of $75K from the B Fund to the Capital Fund -Regency Drive Culvert Replacement on a temporary basis to pay bills incurred to date on project as requested by Mr. Terwilliger. Seconded by Mr. Valdati Motion Unanimously Carried The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption, and seconded by Mr. Paoloni WHEREAS, Dutchess County is preparing to implement E-911 services through out the County; and WHEREAS, in order to enable appropriate responses from emergency personnel, E-911 Project Coordinators have requested each municipality to name private roads in each Town; and WHEREAS, the names of private roads will enable E-911 to input appropriate information into their response system; and WHEREAS, the Town has conceptually agreed with E-911 for the names of private roads, which are annexed hereto as Schedule "A"; NOW THEREFORE, BE IT RESOLVED, that the Town of Wappinger hereby adopts the names on the attached Schedule as private road names in said Town; and be it further M-91 02/28/2000.RGM RESOLVED, that the adoption of the private road names shall in no way be construed to impose any liability or maintenance obligations on the Town with respect to these private roads; and be it further RESOLVED, that the Town Board specifically states that these roads are not being named and are not being accepted for dedication as public roads in and for the Town of Wappinger, but only to provide a means of identifying private roads for emergency response purposes; and be if further RESOLVED, that the Town Clerk forward a copy of this Resolution to E-911 Coordinator. SCHEDULE "A" ANTHONY DRIVE -------------------------- Macfarlane Road BILL PARSONS WAY ----------------------- Fairchild BRIDLE WAY ---------------------------------- VonHagen off Brown Road CAUDA LANE --------------------------------- off Ketchamtown Road CORBIN LANE -------------------------------- Diddell Road FOUR FIELDS COURT -------------------- off Myers Corners Road FOUR WHEEL DRIVE --------------------- Wheeler Hill GREYSTONE ROAD ------------------------ off River Rd. No. & Wheeler Hill Rd. GRIFFITH WAY ------------------------------ Dutchess County Airport HIS WAY ---------------------------------------- 16 Lake Oniad Drive (Sparacino) JULFRAN FARM ROAD ------------------- off Smith Crossing Road O'NEIL FARM LANE ----------------------- Myers Corners Road PEACOCK LANE ----------------------------- Stonykill Road QUACKER ROAD ----------------------------- Myers Corners Road (Buckley) REYNOLDS WAY ----------------------------- Glen Eagles RHYMNEY ROAD ----------------------------- Smithtown Road SCHNORR LANE ------------------------------ Myers Corners Road SOCCERFIELD DRIVE ---Rockingham Sewer, field trailer off Regency Drive TREETOP LANE ------------------------------- Macfarlane Road Motion Unanimously Carried COUNCILMAN BETTINA moved to authorize green on white for the new road signs. Seconded by Mr. Paoloni Motion Unanimously Carried. Next is to accept the deed for the Nurzia Subdivision. The deed transfers a small parcel of road frontage along Cedar Hill Road to the Town Of Wappinger. COUNCILMAN RUGGIERO moved to accept the deed from Nurzia. Seconded by Mr. Paoloni 6601 02/28/2000.RGM Motion Unanimously Carried Next is to accept the deed for Spookhill (Buyakowski). This is for part of a road widening on Spookhill Road. COUNCILMAN RUGGIERO moved to accept the deed from Buyakowski. Seconded by Mr. Valdati Motion Unanimously Carried UNFINISHED BUSINESS Back in 1997 the Town Board authorized the removal of several trees at the Tall Trees Water Plant. Three proposals were received. 1. James Baisley Tree Service $985 2. Red Cedar Tree Service $1,800 3. Lees Tree Service $1,000 COUNCILMAN VALDATI moved to award the bid for the removal of trees at the Tall Trees Water Plant to James Baisley, as the lowest bidder at $985. Seconded by Mr. Bettina Motion Unanimously Carried Next is to fill the Civil Service Position of Deputy Building Inspector. COUNCILMAN RUGGIERO offered the following Resolution and moved its adoption: RESOLVED, that Salvatore Morello be and he hereby is appointed provisionally to the Civil Service Position of Deputy Building Inspector for the Town of Wappinger and, BE IT FURTHER RESOLVED, that the annual salary for this classified Civil Service position in the Town be and the same hereby is fixed and established at the following annual rate of $29,600, prorated, to be paid every Friday throughout the year. Seconded by Mr. Valdati Motion Unanimously Carried Next is to fill the Civil Service position of Fire Inspector. SUPERVISOR SMITH informed the Board that John Ricci, who is a 28 year paid experienced Fireman has applied for the position. The position would pay $25,000 per year. She would like a motion to appoint him. At this time Pete Muro was recognized by the Board. Mr. Muro informed the Board that he has been a volunteer Fireman since 1966. He had submitted an application for the Building Inspector job and also the Fire Inspector job. He was never called for an interview. Supervisor Smith informed Mr. Muro that Dutchess County Personnel informed her that he was not qualified for the position of Fire Inspector. Mr. Muro wished to know who at Civil Service told her he was not qualified, because he has all of his certificates and would 30 02/28/2000.RGM like to be considered for the Fire Inspector position. Supervisor Smith said she would get that information and give him a copy of the letter that was written. Mr. Muro would like the board to hold off on this appointment. Mr. Ruggiero explained, that in fairness, because we did advertise for applicants, is to table the appointment at this time. Discussion followed. COUNCILMAN RUGGIERO moved to table the appointment of the Fire Inspector at this time. Seconded by Mr. Paoloni Roll Call Vote Vote Supervisor Smith Nay Councilman Valdati Aye Councilman Bettina Aye Councilman Ruggiero Aye Councilman Paoloni Aye Motion Carried The Civil Service position of Building Inspector having been vacated by reason of resignation of Paul Foody was now placed before the Board. COUNCILMAN VALDATI offered the following Resolution and moved its adoption: RESOLVED that Michael Kowalsky be and hereby is appointed provisionally to the Civil Service position of Building Inspector for the Town of Wappinger and, BE IT FURTHER RESOLVED, that the annual salary for this classified Civil Service position in the town be and the same hereby is fixed and established at the following annual rate of $33,736, prorated, to be paid every Friday throughout the year. Seconded by Mr. Ruggiero Motion Unanimously Carried Mr. Foster announced that the Zoning Administrators car will not pass inspection and has been taken off the road. COUNCILMAN RUGGIERO moved to authorize the Comptroller to look into State bids for the purchase of a vehicle for the Zoning Administrator. Seconded by Mr. Bettina Motion Unanimously Carried Supervisor Smith informed the Board that Mr. Foster is requesting a P.O. in the amount of $1,150 for a rebuilt transmission on one the Pickup trucks at the Highway Department.. 31 02/28/2000.RGM COUNCILMAN VALDATI moved to authorize a P. O. in the amount of $1,150 to have a transmission rebuilt on Pickup Truck #3, as requested by Mr. Foster. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN VALDATI would like to revisit the Greystone purchase, and after all reviews are completed by Rudikoff and Associates, he would like to schedule a public informational meeting. At that time he wishes to inform the public of all the grants we will receive and the actual cost. He would like it broken down so the taxpayer would know what kind of tax dollar that would effect them. COUNCILMAN VALDATI on the letter that was received from Vincent Francese. A request was made to the Comptroller to see if there were any out of line pocket expenses for Mr. Francese. As it turns out, there is a substantial reduction in what his monthly costs are. However this has been going on since 1996. This represents a substantial out of pocket costs to Mr. Francese. Discussion followed. COUNCILMAN VALDATI moved to authorize the Comptroller look into back records for possible reimbursements of some medical benefits to Mr. Francese and authorize Attorney to the Town to give a written opinion on legal limitations. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN VALDATI moved to authorize Mr. Francese to submit a letter to the Comptroller requesting possible reimbursement. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN BETTINA moved to authorize Supervisor Smith to send a letter to RSS requesting they remove two of the properties (the River Road Sites) as possible sites that were submitted for the Adult Group Home, and consider only, the Route 9D property, as a possible site for the Home. It was recently brought to his attention that there is a Group Home in Chelsea. Discussion followed. Seconded by Mr. Ruggiero Roll Call Vote Vote Supervisor Smith Nay Councilman Bettina Aye Councilman Valdati Aye Councilman Ruggiero Aye 40 02/28/2000.RGM Councilman Paoloni Aye Motion Carried There was no other Business to come before the Board. COUNCILMAN BETTINA moved to close the meeting, seconded by Mr. Paoloni and unanimously carried. The meeting adjourned at 9:40 p.m. Elaine H. Snowden Town Clerk 33