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2017-01-30Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, January 30, 2017 7:30 PM Town Hall Call to Order Attendee Name Lori A. Jiava William H. Beale William Ciccarelli John J. Fenton Michael Kuzmicz Joseph P. Paoloni Grace Robinson Albert Roberts Bob Gray Salute to the Flag Organization Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Town of Wapping Consultant Consultant Adoption of Agenda 1. Motion To: Adopt Agenda Title Supervisor Councilman Councilman Councilman Councilman Town Clerk Deputv Town Clerk Status Present Present Present Present Present Present Present Present Present Arrived 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM The agenda was amended to remove the resolution regarding the "Transfer of Highway Funds". This was because the attorney submitted a resolution that had already been adopted at the last meeting from the floor at the January 9th, 2017 meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Accept Minutes 1. Motion To: Acknowledge Minutes of January 9th RESULT: ADOPTED [UNANIMOUS] MOVER: John J. Fenton, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page I Printed 211412017 Regular Meeting Minutes January 30, 2017 V. Correspondence Log The Correspondence log was amended to include the following Liquor License Waiver from HV Hospitality Group as 2107-01-23-013. Town of Wappinger Page 2 Printed 211412017 Regular Meeting Minutes January 30, 2017 m HELBRAUN & LEVEY LLP ATTORNCYS AT LAW TOWN OF WAPPMER, ,,,rownCi,e:rk,(Liq,u,orLillccn,si,ng),.,.,-,-,,,,., 20 MIDDLE -RUSH ROAD WAPPINGEM, FALLS NY 12 5190 ToWhom It May Concem, 1/2512017 RE,:, HV HOSPITALITY GROUP LLC �1379 US, 9 WAPPENG13A,S FALLS NY 12590 I axii writing to you on beh,,df of nly client iri the sub.ject of this letter, located at the address ahoy( Thty willbe occupying space at, the above address where they operate a restam-wit/bal". Out client's intentillon is, to, apply to the New York State, Liquor authority for an, on -premise ficm As, ymi are.aware, part of the licensing, process requires that the local municipality., We ori ginall. ) been in touch withDuitchess C"ounty, confinning that they would like to receive this notice. We t notified Dot chess, and filed the application with the New York State Liquor .Author ity hen we v free to do so. We n� hear tram the 7 A that we should also be in touch, wilb, you. 'We apolo so greatly for this ovetsight. Could you kindly give Me a call when you'reavailab] ' e to discuss op Ca -n4) that the NYSLA is givirig us, in order to avoid business 'hardships ese ardships for thin appljts Inaddition', please Bomard any meeting.uotification infrown athin and/or questionnaire to x at, th� address, indicated in r.ny letterhead above, or ) dana@helbr,almlevey.co . If you need any furthe inibrm,ation, p1ease contact me at 212-219-1193. wank yo u so much in advance for your time and consideration on This m att er.. A A JAN 3 0-2017 011*041 a JR k � — , . .. . —.— — . - (6n, behalf of Joseph Lei Town of Wappinger Page 3 Printed 211412017 Regular Meeting Minutes January 30, 2017 opl&irev 01122/16 [".� �Fl� §9`&N'L:V_' r 49 _,j Originol *rded, i.)a i� An - - -------- Standardized NOTd RM for Providi:ng 3A-�Qay,A g. to a *11�"� $toite, Liquor Adhorl 1, Date Ncrrjre VVa% Serit, la,D@Wvedbv� Gerdfledrhil 2. Soalect the typeof Appriram,J�0111 that W 11 tv, filed with the Authonty or an Ort, Premise� Alcoholic 8everage Lkcense NewARP111cation ::) i [] Afterlbar) Ej corporale, change [] Ravrovall [] 01'a ss,01 a, 1.)9 e or New app ikarp, ansvoer eath �ueVi t*T0WLKJhg Aflipfairri-i kTOWn'Wd8U_ IFair Renewal ap pflcari 5e forth yr ut approved Method of Operation only. Por Alteration appikants, attar j a COMI'Atne Wr'itte,n description and diagrarm depio4ig i6hj2 proposed Far Corporate Change appilica nii a Jilt pf the current and prep o5etl �Qrpa,,rata pi Fur Removal 3 PPI icallts,attach a stater nerit of you r rurrent and prapow, d addeets�ivah the rea5011(511 for tlfw relocation. ror (la" ii appflcants, avacfi a mtemern detaihingy'agar Cvrie(nitkense itypearw Your Pfapri [icernse type, ThAs U-04yAdvafMC* Nwice is Being provided to t1i oftbe folk ming Local Munildpaillity orCom munity B"Td �3 , Nia me of W) n idpalltyor Corn,,,inuini Boarc)� ApplicanVii.ItAn&" information 4, 1 icoriie5eriai Number, If Ptppticalat: I", . i ExlArabate, ff ApN, ca,We. . . . ... ... . S. Appkant or Licensee Narne: 30cv U—C . . . . . ................. .. 6, Trade Nar-ne0arift Lni 7. Sum Ad resp of, ...... . 8. City"Fown or Wilage, [�Nappin em P41sNY 12590 AY Zip cod'e, .. ,.mm ------------------ BUSIneSSTeie, ,phone Number VfApplicam)Ucenieell E 0, Rugnest Fax Number Qf App1h.britUrenisee [NZj 11, I��rsFawessl�rnratiaimrri'ywFmpllcarttrLie:�ns�e:r�"�,ANAQJHEE'iiiiZNdEVkY.,65m, 11 typeC.S:j OfAkwhol sold aT to be sold cide'T 2 Wine, Beer & (Iij(q :IB:,, Uquor,Wir% Beer &C'idef 11 UtichAt of FQ1nd Service; Fullfood rnenu; [,,D Menu meeUleqa�,, minkilurn fuod ava4ability requiremerts� FUH Kitchen run byachef (,,g coul�. Foodprep ,aiiea &t.jmjnirrkjM Type of Estab;ishrrietit: 15. Method of Of*mtion ... .. . . .......... ... .. ........ . . A— SeawriAlEstahlish,irnerit Jii �[] Disr,Joctey Karaoke tChieckall that apply) Da Musjc(Glve:det�fils: i.e. rock handS,aCOuSUCj&affi Patron Dancing [I El"PlOyeLft ballcing [7 E: iMic Dancing Topless IErtvtertarnrTMrotnm Odm/Arcade Games Tfflrd Party IPrramarter~w pleirstunnel 16- Licensmd OutdoQr Arra, [I None Al IPatiq Or Detk FRooftop D (AxderrrGrourids L] Freestanding CG%4--r-,d WuCti.Ve (Onecka,11 L] Sidewalk Cafe 0 Otlher t5:pecify), F . . . ............ . . Town of Wappinger Page 4 Printed 211412017 Regular Meeting Minutes January 30, 2017 opla-revOII/22/16 11fINCFi50ONLt Fo (Xqh3l C�) Amended Dair, standardized NQTIQ.Ffor providing 4,9 #y:Advanceid No ilp tow a rj'Atyo!�CStatetliquer. g Auftrfty JeM,2 of 2 f Form 17. Misr the ftorirdS) is Ilracated Qm G 1UND FI.Q10H, $E001141) .......... 18, LiSt the room nwrbcf(s� the estjW'hhMv.1r)( �S located inwithip t4e, build ini'g, if dppropriav�,� N/A "M Is the premises locA4-tLyd v"hin $00'feet of three or more o�6-pqqj1isk�s ('�)W 20. WWI the kense holder rare, manager be physkally presemwithlnthe es1.Ab4shmen1du6ng &P hours of operation? oy� is , 0,0 No 21, if ffii'� Gs a tramkr applocation en existinq licertsed busine5s is the! it arne and surial nuvnber of the ke.nsee, 22, Does the applicant or, licensee aNn tKe building in which the wablishment 15 IGC'ated'? 0 Yes Of Yes SKIP 23-2c r* IlNo Owner of the RuIlding in Which the LAc@ms,@d Establishment Is Loc,ated ............. 23. lBu I& nq Qwrer'sFull Name: 24. Building Owner'sSileetAddress: 25. Oty, Town or Vi 51'ate; Ny := Zip Code, 7 ...... . . . . ......... Representative arr Ano, mey represerviting The ApplItaintin Cbnneglion with the Alpolkation for a license to trafflic in alleahol at the establishment IldentWogid in this n6tic!e . . .... . . .. .... . ..... 27, Rep re sentaflveM tturney's FuJI Name=� E�o 1�1 LEVEY .[11 . . ............. . .. I ............ .. 2& StrvetAddress:11 Q INJI-IJAM STRE ET , SUflIE 1410 ' — — - — -- -- — ------------------------- ....:p — — - - -- ------------------ -- --- ' LI;;-", 29, Lit yT'own o V11,1,1ge Ln��" Y OR K zipcode� 3E1 30. 12 =12-211 31. 1 fELSRAA.i M EVEY GGIM all, that aWirant' or hold thL& license or am a prindpal oftha kgid entity brat holds aRptying for the license. Repsesenravolls in this. forro are in conformity WAh repftsehtatkns ma&p In s4bmdtted dOCUT02VIS re'HE'd Upw by the Atithes Tity when granting the flcunsp.. I understafttl that repcesenta6ons made Nn Thisform vjilf, ilso be relied upon, and that fa&gerepresent,atiori may re5uft irl fay fr arurowaN ofthe application or revm-aiion ofrIw)icense.. By nny SjqflaVf% 11 adfirnnr Un der P"milly oflller)ury that the rePresentatiamr, Made in this fpm are tri , 31, Printed Narn JOSENA LEVFY 70e, ATTORNEY --- — - ---------- sigrWture2 X . ............................. RESOLUTION: 2017-59 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Town of Wappinger Page 5 Printed 211412017 Regular Meeting Minutes January 30, 2017 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. Town of Wappinger Page 6 Printed 211412017 Correspondence Lo - 20,17-01-23 1111mber To From Date Date Rec' I Re; A oula Date 81-23-881 Tow Board Tow Com roller 111912817 111812817 1 Claim ad' arrut for Pa m t - III 112312817 81-23-802 Tow Board Heather L- Kitcheii 11I12817 11512817 hiiinl Justice Re orf for the Year of 2818 112312817 81-23-883 Towii Board Gleii Kubsta 1212812816 11612817 1 Odyssey Dhier/State Li uor Authority 112312817 81-23-881 Towii Board Hiiiij Samaj 11612817 11612817 283 All Ail els Hill Rd/Sewer District h7cksioii 10017 81-23-885 Towii Board US 6aiikru c Court 11912817 11812817 Traiiscare Corp112312817 81-23-888 Tow Board Carl S.' olfsoii 1112817 11812817 Justice Re orf for the Muth of Nov 2816 112312817 81.23-887 Tow Board Carl S.' olfsoii 111812817 111812817 Justice Re ort for the Muth of Dec. 2816 112312817 81.23-888 Towii Board Carl S.' olfsoii 111812817 111812817 Aiiajal Justice Re ort for the Year of 2816 112312817 81-23-888 Tow Board Albert P. Roberts 111212817 111312817 Tall Trees Emergeny hitercoiv7ectiai7 Coiltract 112312817 81-23-818 Tow Board Mark Rolad 111712817 111712817 Lake Oiiiacl Ower51A vatic Cutrol Treatmei7ts 112312817 81-23-811 Towii Board Vhiceiit Detthia 111812817 111812817 284 A reemei7t to Sped Highway Fwids 112312817 81-23-812 Spephor Ava Mare Liebermaiiii 111712817 111812817 Carivarth Laiie hispectioi7Nblatins 1 312817 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. Town of Wappinger Page 6 Printed 211412017 Regular Meeting Minutes January 30, 2017 2017-01-23-001 Abstract of Claim and Warrant for Payment of Claim Audited by Town Comptroller - III The following claims have been duly audited and allowed by the Town Comptroller of the Town of Wappinger, New York (the "Town"): Claim Packet: 2016 -III Vendor A (General Town wide) B Fund (Part Town) DB Fund (Highway) AM Fund (Ambulance) T16 (Aflac) Camo 25.00 Camo 25.00 Central Hudson 387.40 Central Hudson 111.41 Central Hudson 40.39 Central Hudson 42.13 Central Hudson 7,478.76 Southern Dut News 56.19 Home Depot 392.04 Mid Hudson Fasteners 486.83 RBT CPA's 1,948.75 Bottoni Fuel 611.87 Optimum 139.83 Vehicle Tracking Sol 936.00 E-Conolight 1,264.65 Safeguard Town of Wappinger Page 7 Printed 211412017 Regular Meeting Minutes January 30, 2017 June Visconti Reimb Iriwn Roslavker Translat 140.00 Arkel Motors NY Tech Supply Thalle Ind DC Truck Parts DC Truck Parts Staples Staples 145.34 Staples 111.49 Dot Groark Reimburse 40.83 Aflac C & C Hydraulics R. Costa Electric 1,950.00 Auto Zone Mobile Life Sery Inter City Tire Joe Johnson Equip Roberts IT Consulting 1,657.50 AMI Sery 6,802.11 American Rock Salt i6102l 32.60 93.41 83.64 248.80 129.27 460.14 385.25 338.14 1,410.88 555.83 200.00 131.90 3,049.20 Total $23,264.50 $108.23 $8,177.39 $200.00 1$131.90 Town of Wappinger Page 8 Printed 211412017 Regular Meeting Minutes January 30, 2017 Vendor A (General Town wide) WU (Wapp United) Water SU (Wapp United) Sewer Paid Town Board Hold Camo 25.00 Camo 25.00 Central Hudson 387.40 Central Hudson 111.41 Central Hudson 40.39 Central Hudson 42.13 Central Hudson 7,478.76 Southern Dut News 56.19 Home Depot 392.04 Mid Hudson Fasteners 486.83 RBT CPA's 1,948.75 Bottoni Fuel 611.87 Optimum 139.83 Vehicle Tracking Sol 936.00 E-Conolight 1,264.65 Safeguard 271.13 271.14 542.27 June Visconti Reimb 19.44 Iriwn Roslavker Translat 140.00 Arkel Motors 93.41 NY Tech Supply 83.64 Thalle Ind 248.80 Town of Wappinger Page 9 Printed 211412017 Regular Meeting Minutes January 30, 2017 DC Truck Parts 129.27 DC Truck Parts 460.14 Staples 32.60 Staples 72.67 72.67 290.68 Staples $32,569.6 $32,569.63 3 The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2017-59 111.49 Dot Groark Yes/Aye No/Nay Abstain Absent Q Adopted Reimburse ❑ Adopted as Amended 40.83 Voter Aflac ❑ ❑ ❑ ❑ Defeated William H. Beale ... ............... Seconder ..... Q .... ... ❑ .................. ❑ ...................................... .. ❑ ❑ Tabled William Ciccarelli Mover 131.90 ❑ C & C Hydraulics ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ ... .. Michael Kuzmicz Voter Q ❑ 385.25 ❑ R. Costa Electric 1,950.00 Auto Zone 338.14 Mobile Life Sery 200.00 Inter City Tire 1,410.88 Joe Johnson Equip 555.83 Roberts IT Consulting 1,657.50 AMI Sery 6,802.11 American Rock Salt 3,049.20 Total $343.80 $343.81 $0.00 $32,569.63 $0.00 $32,569.6 $32,569.63 3 The foregoing was put to a vote which resulted as follows ✓ Vote Record - Resolution RES -2017-59 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale ... ............... Seconder ..... Q .... ... ❑ .................. ❑ ...................................... .. ❑ ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ ... .. Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York January 30, 2017 Town of Wappinger Page 10 Printed 211412017 Regular Meeting Minutes January 30, 2017 The Resolution is hereby duly declared Adopted. VI. Public Hearings Resolution Reintroducing A Local Law Which Amends Chapter 240, Zoning, Of The Town Code With Respect To A Variety Of Planning And Zoning Matters RESULT: CLOSED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Public Portion 1. Motion To: Open Public Portion Resident Barbara Gutzler addressed two items on the agenda, Highway Department and Carnwath. She complained that roads weren't clear over a month ago, on December 17, 2016 until late in the afternoon. She said the roads were not plowed or salted at 11:00 AM. She also referenced January 6th, 2017 where a school bus was sliding along MacFarland lane and Spook Hill road because she said the roads were not salted or plowed. She stressed the need to clear the roads for a safe transport of school children. She then addressed the Carnwath mansion. She asked about plans for demolition for either building. She asked about the Memorandum of Understanding about Carnwath. She also asked if Carnwath is up for sale. Supervisor Jiava explained that Carnwath cannot be sold due to conservation easements. She explained that a Memorandum of Understanding that the board was trying to enter into with business developers and presented to the board back in May or June could not be executed because they didn't have the money to support it. Resident Richard Thurston of Wheeler Hill Road addressed the board. He heard that a developer had offered $150,000 for the property. He asked why historical minutes are not on the website. After analysis, the Historical minutes' link was pointing to the wrong webpage. He then asked about the future of Carnwath. He researched all the minutes from 2007-2008 and pointed out that there was many meeting regarding a roof but after 2008 nothing was done. Councilman Beale pointed out that the recession of 2008 was not a favorable environment for investing. He said the buildings are unable to be inhabited based on the professional's reports. Mr. Thurston asked why the fence hasn't been put up yet. Supervisor Jiava said that if there is a good snow Town of Wappinger Page 11 Printed 211412017 Regular Meeting Minutes January 30, 2017 and ice and the walls were to fall, pedestrians would be at risk and asbestos would be released and it would create a larger problem. Mr. Thurston asked for the engineering report. Supervisor promised to provide it. Councilman Beale said that the report that is being addressed was just given to the board. He added that it is the town's responsibility that they do their best to preserve the open space. He added that they have to be realistic on the spending and he promised to "look at this from all angles to determine the best way to move forward and protect the taxpayers on both sides." Mr. Thurston asked for the master plan which is on the town's website. Supervisor said she is ambitious enough to look for grants. Mr. Thurston asked on how much money is left on the bond that was issued on the emergency repair and what the debt service is. Councilman Beale deferred to Co -Historian Cavaccini who did not know the bond amounts but provided the balance of the Friends of Carnwath account of $48,000. For historical minutes purposes and subsequent to this meeting, For historical purposes, Town Clerk Paoloni received information from Comptroller Awino stating that of the $4 million that was bonded for in 2007, $1.125 million had been drawn down with $868,650 debt outstanding and the last day to draw down additional funds within the 10 year window would be January 27, 2017. Mr. Thurston continued saying, "Shifting topics, I heard Barbara mention the highway superintendent. I'd like to take a contrary position having been involved in these things. We do have to be careful how we look at snow removal. You can't be at everyplace at one time, but I will say and I know talking with neighbors in our section of the woods with all that hilly area, Wheeler Hill and Old Troy the roads have been always sanded, ice removed and other safety interests have been taken care of. Bill also helped out. In the past we had 4 cars and trucks that had crashed into our wall. The signs that Bill and Vinne had put up have really helped overall and fortunately in the last six months I haven't had a car walk into our wall." He added, "The road that I've seen and in talking to other people there is far less employees taking longer breaks in our area and so forth. So, my say is that we've seen a significant improvement and very positive results so I hope we take a balanced approach here." Resident Rosemary Cummings from 19 Carmel Heights addressed the board and said, "The Highway Superintendent has not successfully performed his duties for the town." She said she saw the Highway Superintendent driving his town vehicle out of the town limits in July and September of 2016 and speaking on his cell phone while driving. At that time, she asked him what he was doing out of the town limits. At that time, Highway Superintendent Bettina responded that he was going to the nearby Fishkill post office. Ms. Cummings questioned why he didn't use the Village of Wappingers Falls post office. She expressed concern about liability exposure to the town. She cited December 16, 2016 where a snowstorm left her area unplowed until 7:30 PM that night. She claimed a loss of town revenue because the neighbors could not go out to shop. She said the Fishkill roads were clear right down to the blacktop. She added that 6:15 AM on January 6th, 2017 the roads were not treated, yet Fishkill's were. She added that on January 23rd, 2017 starting at 4:00 PM and continued through January 24th there was 6-8 inches of frozen rain on her street making the road completely impassable. She said, "There was no plow, no salt, no sand till 3:15 AM the following morning." She said her son and friends had to spend the night at the Dutchess Diner in Poughkeepsie. She added, "Fishkill had plowed their residents' streets before 11:30 PM." She added that on December 17th, 2016 all the neighbors driveways were plowed, but the streets were not. She asked the board for a reduction in her taxes. She said she will continue to get signatures on her petitions. She continued saying that the petition falls under the NY Public officers law 737, asking for the removal of the current Highway Superintendent from his position, sanctions or fines for failure to perform duties, for misuse of town property, for placing the town in a hazardous and liable position while driving Town of Wappinger Page 12 Printed 211412017 Regular Meeting Minutes January 30, 2017 out of the town limits during town hours in a town vehicle for personal use and driving and talking on a cell phone and not asking the town board for approval. She asked to remove the task of snow removal from the position of the Highway Superintendent and putting it under the Town Board. She asked for the reduction in salary of the Highway Superintendent. Lastly, she asked for proportional reduction in town taxes for each resident for snow removal not provided by the town Highway Superintendent. Resident Alex Reese rose to talk about Carnwath. He pointed out that the property was purchased for the enjoyment of our residents and should stay open and he agreed to help in any way. Helen Fumarello asked to have Wheeler Hill residents notified when decisions on Carnwath are made. Supervisor Jiava agreed. Vince Bettina addressed the board. He relayed his attorney's statement that the town board is in violation of the law in refusing to recognize an authorized payment to his deputy who was lawfully appointed to his position. He said, "Upon my election as Highway Superintendent, I discovered there was a substantial lapse in the enforcement of the highway department work hours, an oversight of compliance on lunch hour rules, and storage of beer in the highway department garage refrigerator, highway gym equipment." He said that he started to address the work hour rules with the use of a time clock. He said he has set rules and requirements. He said, "Certain employees and the Union to engage in a course of action complicit with the town board and town supervisor designed to thwart my authority as the elected Superintendent of Highways and allow the union and the department to act as if they were the elected superintendent." He said the town has cut his budget and refused to have his deputy have a say. He explained that his judgement call at the last snowfall was a reasonable one. He said certain highway employees do not get the opportunity to get more overtime. He also stated that driving condition vary from minute to minute and mile to mile. He explained that driving a town owned vehicle outside town limit is permissible. He added that he listens to the weatherman who is not always right and sometimes it's a judgment call and is happy to take constructive criticism. He added that he received a call from the Wappingers Central School district saying there is no problem with him regarding the snow and when asked if anyone had called to complain, the response was, no. RESULT: ADOPTED [UNANIMOUS] MOVER: John J. Fenton, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 13 Printed 211412017 Regular Meeting Minutes January 30, 2017 I, Discussions 1. Carnwath RRENSPEMOR Voyi+ Letmo,uiann Exi 127 06PUTY FIRIE INSPECYOR Ifix Poll - Ed UP, CLEMCAL ASMSTAW NkJiudil* Gule Ext 123 GODU ENfORITEMENT OFMCER Bilan Rommme -Ed H2 CODE ENPORCENEXT OF Flig:EIR sue Due EM UZ MIND MUNFIRMOR Raoxala piubeeV Ext 12F"I FARE INSPECTOR 20 MMDABWH KWAD V`OlWFXULS, NY 125W,a PR 802W 137,11 W. us 2W W9 SUP ERVISM I MIA, Ima TQWX BOARD mWim H Bwk'� VOWharin Gliocamfli "kom Man IAOM KWAZ RECEWED vaso;;CWRCE Triesidso Januan; 17, .20 N7 1 aH Jhva -Town S aq=MwFr 15wn int WsppMp!r MR 7MO4 Carenob Lam VMS lew is to sAvk4e, that � Kxxidiact,ed an brispe,clian cA, the dionjro t'Il;it1kHijg and the CNOP4 airea. The foilill vialativiniswere Il ticivximt: Inthis builaing, I.Wo running wwter. Zlft, tio1ophone Exle. 3., go, bfwd raGanal We alarms mystemm" 4, so boo, 5, no Irallet facilitica This blad.4brig also lxwws Qr Sn"s Mhwum aMVMWn Mwep 0"WaMs Purmant to the We Co(le of'Nirw''Vora State (d,9 NYCJUP, 1225) se0icrn 107. � vv1l a -Alrucl l.vre Nm ft�ocnd ti�) be mdU Mr huntim mwupancy % loran dNig sbaU W! candenined S r 1, 107 . I S�Inazal . W� h l' EUEWC/' !!,i M �1�i � ' o t 1 07 El j a ciccltr)"101�:�y "p".n ufLaW.' , u awt r"WAMU aM i cm&nned p"want to HM raWKIMM W LKS Me or Whm Fllljlqd"jy "� �r.)fe P'urwuaulf, to 19 NV,(�!RR 11 2!25!5ect%orN 107.2 sai'd structury in PDSMd and WR mot 3: mxUpkid or UWd fy WWMe UMO "M aNwe WMAIS We carrv�ted noid +,t jpl�i,tnit to perfearna cort-le'elkails is for anc] V1 07 2 tj'misAxo is t rue'll , no" I t 0"1 I CAI t G, 4"A: dangerous in ihe Ate, oya= prq;en.,,, or '"afet"' ,f pu� n" ';f Vhu L lu't jpa ., , ji"niq n'�'n'v'um wrn o"Mm"5 in he ev"! v timi or bwwme swh 5uu"=e nommns w=&, equipmr 01 is 1.&ysd, iwapicated, or vul,=10 nw,Qo �:u' is of SWh T"Ity VMWWL�n Un "Ma"bis Q=dacion tint pmryla! or cymp6ete Wn!Tapse 4,11 Manic I'le i3cr rr11`,i/.i nh1 Zre Insplemw CEC), Fire Inspector Lieberman, Buildings and Grounds Supervisor Frazier approached the Town of Wappinger Page 14 Printed 2/14/2017 Regular Meeting Minutes January 30, 2017 professionals table. Fire Inspector Lieberman said, "As far as the dormitory building which houses the walk through to the chapel, the newspaper article said that we condemned both buildings. Totally false. The building is posted un -inhabitable." He said you can't inhabit a building with no fire alarm system, no water, no heat, or toilet facilities which doesn't exist at the dormitory. He said nobody can go in there until it's corrected. He passed the microphone on to engineer Bob Gray to address the mansion. He passed out an engineering report to the board, but not to the town clerk. He said water had gotten into the building and deteriorated the floor and is unsafe to walk on. He said the framing done in 2007 as emergency work to support key points in the roof. Since then the roof has leaked had deteriorated parts of the building. He suggested two options. Option one is to expose the framing and replace or repair them. He suggested rebuilding the roof and gutters and then to restore the floors. He had no cost estimates as of yet. He said some asbestos abatement had been done in 2007, and asked to find out how much asbestos abatement had been done. The other option would be to demo the building. He agreed with the Fire inspectors actions. The board discussed the history of the repairs and the future options. Supervisor Jiava stressed addressing the underlying issues. Councilman Beale stressed the preservation of the open space and the need to develop a vision of what the buildings should be used for. He expressed concerns about the building collapsing at a future snowstorm. He supports the sports museum. He said that if the mansion is a collapse hazard then a fence would be needed. Councilman Fenton asked, "Was there ever like a schedule of maintenance, I mean why are we stuck with this mess right now?" He then asked, "Hey Bob, do you have like a rough number?" Engineer Gray responded, "The only thing I can tell you is that I never saw any of the bills, because I wasn't here, but I believe the town was pushing a million dollars for the shoring, only the shoring, so take that and think about the order of magnitude of the work I described to restore that building." Councilman Beale continued. He said he would need numbers to make the decision and the need to involve the citizens on what we should be focusing on. Helen Fumarello referenced a study done by a company in Westchester County. An unidentified resident spoke and praised the 2007 event that was held at the mansion. Sandra Vacium from the Carnwath Historical society said that 1999 to 2017 is a long time and something should have been done. Supervisor said, "We are not going to live in the past, we're going to move forward." Joe Cavaccini expressed his gratitude that the building will not be sold and that something will be done. John Fenton said that this board has gotten a lot done and we are going to tackle this. Mr. Thurston suggested pooling together the names of a committee now to get the ball rolling because we can't delay. Supervisor Jiava closed the meeting saying, "Carnwath is to be continued". 2. Motion To: Forbid Access to Carnwath Mansion and Re -Evaluate Fence at Carnwath Councilman Beale moved that "No one be permitted inside the building without the authorization of the town board and/or the engineer and also that the engineer be authorized along with the fire inspector to re-evaluate the perimeter of the fence and take whatever necessary actions that are necessary to secure the perimeter." Town of Wappinger Page 15 Printed 211412017 Regular Meeting Minutes January 30, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 3. Motion To: Let Professionals move forward on the process to add the Hindu Samj to the Sewer District Engineer Gray spoke for the Hindu Samaj applicants to ask for the adjoining house at the Hindu Samai to be added to the sewer district. The board agreed. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 4. Highway Dept & Road Preparation for Inclement Weather Supervisor Jiava relayed information about phone calls she received about different storms over the past couple of months. Highway employee Daniel Barry said that the highway employees put in 12 hours. Councilman Beale said he thought the Highway Superintendent would be in attendance. Supervisor Jiava said that the Deputy Highway Superintendent is not someone you take orders from unless the Highway Superintendent is in -capacitated. She added that there is no salary for the Deputy Highway Superintendent. She added that Dutchess County Human Resources Civil Service has never recognized a Town of Wappinger Deputy Highway Superintendent. She added that the Deputy Highway Superintendent does not get a salary gives direction only in the absence of the Highway Superintendent and the title does not exist with the county. Chris Heady from the highway department said, "the Deputy Highway Superintendent position has been in existence and for the last 35 years has only been reserved for the Highway Foreman only under the pretense that when the Superintendent was not gone had a little bit of legality as being deputized to either call us in on overtime or somebody to make the emergency purchases that we needed by the Highway Superintendent that wasn't there. We never had an outside Deputy Highway Superintendent." Councilman Ciccarelli asked if the highway superintendent is to document his road clearing process. Attorney Roberts said he did not know. Highway employee, Mr. Bohanen of 23 Win drive from Poughkeepsie, complained that we came in at 7:30 PM and were sent home at 10:30 PM in the middle of an ice storm. He said, "I went home, he called us back at 1:30 AM, I didn't feel safe coming in, so I didn't come in. I'm not going to risk my life, my vehicle to come into work when we never actually should have left. With Graham Foster we actually came in when the snow or storm would start or even before it would start go out, prep the roads get everything situated so that if there were an emergency vehicles that needed to get out, everything was safe. That is not how it's done now. They're not even safe for us to get into work or for emergency vehicles." Supervisor Jiava asked if anyone has had an adult conversation with the Highway Superintendent. Highway Employee Craig Taylor from 65 Kretch Circle approached the podium. He said they did, but he went off on a tangent and avoided the question about a schedule. They discussed the school district closing process. Mr. Taylor said that he was the driver who filmed himself driving behind the school bus on Pine Ridge. Supervisor Jiava said the town board is going to make a concerted effort sit Town of Wappinger Page 16 Printed 211412017 Regular Meeting Minutes January 30, 2017 down with the Highway Superintendent and iron out the issues and get a handle on this. Daniel Barry said that at the last ice storm, the guys wanted to stay, but were told to go home by the Highway Superintendent. Councilman Beale re -iterated that the town board has no jurisdiction over the Highway Superintendent. He added that the board needs to have a conversation and come to a happy medium. Supervisor Jiava said that maybe he's being fiscally conservative but she was going to try to have a productive conversation. 5. Motion To: Prepare Specs and Go Out to Bid for Maintence on Water Sources Bob Gray handed out correspondence to the board, but did not give a report to the Town Clerk. Supervisor Jiava addressed the sources of water. Mike Tremper explained the 3 significant water sources, the newest or Atlas which is fresh and operational, Hilltop built in the 60's and 70's which have 3 of the 4 wells needing attention, and the 2 wells at Meadowood which needs filtration. The two wells that are out of service at Hilltop can produce up to 430 gallons per minute. The two wells that at Meadowood can produce up to 300 gallons per minute for a total of 720 gallons per minute. There is $2 million in fund balance in the UWWD which was recommended to be used. Mike Tremper recommended getting the meters accurate to be able to change the billing system to encourage water savings. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz RESOLUTION: 2017-63 Town of Wappinger Municipal Resolution WHEREAS, the Town of Wappinger is applying to the Hudson River Valley Greenway for a grant under the Greenway Communities Grant Program for a project entitled Wappinger Greenway Trail Restoration to be located in Wappingers Falls, WHEREAS, the grant application requires the applicant municipality to obtain the approval/ endorsement of the governing body of the municipality or municipalities in which the project will be located; NOW, THEREFORE, be it resolved that the governing board of the Town of Wappinger hereby does approve and endorse the application for a grant under the Greenway Communities Grant Program, for a project known as Wappinger Greenway Trail and located within this community. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-63 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as AmendedLori ............... A. Jiava Voter . .. Q ....,.... ....... ❑ ...... ❑ ❑ ..❑......., ❑ Defeated WilliamH.Beale ....................... ...... Mover .... Q ❑. ❑........,... ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ o 0 Town of Wappinger Page 17 Printed 211412017 Regular Meeting Minutes January 30, 2017 Dated: Wappingers Falls, New York January 30, 2017 The Resolution is hereby duly declared Adopted. 7. Motion To: Soccer Clinic Jessica Fulton proposed a soccer -clinic and permission to hire an instructor at $25 hour from line A7140.119 in the amount of $600. January 18, 2017 T0.- LORI JI VA, SUPERVISOR WILLIAM BE LE, COUNCILMAN WILLIAM CICCARELLI, COUNCILMAN JOHN FENTON., COUNCILMAN MICHAEL KUZM[CZ, COUNCILMAN Due to the foci that our pIanned volileyballl clinic had n itegistrants, we now have a twc block of open firne at the Oak Grove Elementary ScIol'I glyr-n on Mpr),day nights from 6:,( 8:00 p.m. through March 27. We'd love to use that time for somethJng, Recreation Committee member. Brucle Lustig t' idea of the town offering a, soccer clinic. Realph Holt th<')ughf it woulid be feasible and tol, reach out tothe soc,er, league. League president Bill Chang has found an instructor an( interested familli-as who may sign juip. The dates would be Jan, 30, Feb. 6,13, 27, Mor. 6, 1 equal to eight two-hour sessions, ale would pay the instructior $215/hr,., and there would t $35/resident child ani' $50/non-res!'dent child, which is a r(-.ite structure in line with our off programming, If thie Town Board wa ai,t approve ryiovIrg lexistIng Recreation funds into a soccer climc Ii be albl,e to get fts scheduloed and advertised, hopefully filfinthe clinic and maintaining slat with the scan al in anificipation of fofl progrannming. PCTh an k. you. jess ca Fulton Donna Lenharf Recreation Director Recreation Secrefiry MEW, Town of Wappinger Page 18 Printed 211412017 Regular Meeting Minutes January 30, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IX. Resolutions RESOLUTION: 2017-11 Resolution To Authorize The Town Supervisor, Town Highway Superintendent And Town Board To Execute The Agreement For The Expenditure Of Highway Moneys WHEREAS, pursuant to Section 284 of the Highway Law, the Town Board and the Town Highway Superintendent are required to enter into a written Agreement stating the places and manner in which the Highway fund appropriation for repairs and improvements are to be expended; and NOW, THEREFORE BE IT RESOLVED, that the Town Highway Superintendent and the Town Board agree that the monies levied and collected in the Town for repair and improvement of highways, and received from New York State for State Aid for the repair and improvement of Highways shall be expended in accordance with the annexed Agreement for the Expenditure of Highway Moneys; and BE IT FURTHER RESOLVED, that the Supervisor and the Town Board are hereby authorized and directed to execute the attached AGREEMENT FOR THE EXPENDITURES OF HIGHWAY MONEYS in duplicate and file said agreement with the Town Clerk; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to forward one executed Agreement to the Dutchess County Commissioner of Public Works in his capacity as County Superintendent of Highways. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-11 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A. Jiava ........................... Voter... Q........,....... ❑...... ❑ ....... ,.......❑..... ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ Q Tabled William Ciccarelli .................. .. Voter ... Q.........,........❑ ..... ❑........,....... ❑..... ❑ Withdrawn John J. Fenton ........................Mover Q ...... ❑........,........❑ ...... ❑ .... Next: 2/13/17 7:30 PM ..................... Michael Kuzmicz ......... Seconder ................ Q ................ ❑ ................ o ........ 0 Dated: Wappingers Falls, New York January 30, 2017 The Resolution is hereby duly declared Tabled. RESOLUTION: 2017-60 Resolution Adopting Local Law 1 of 2017 Which Amends Chapter 240, Zoning, Of The Town Code With Respect To A Variety Of Planning And Zoning Matters Town of Wappinger Page 19 Printed 211412017 Regular Meeting Minutes January 30, 2017 WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to a Variety of Planning and Zoning Matters."; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on January 23, 2017 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board adopted a Negative Declaration of Significance in connection with the amendments to the Town Code adopted herein on April 27, 2015; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to a Variety of Planning and Zoning Matters", a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. 4. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-60 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ Defeated WilliamH. Beale ... Seconder ................... .............................................. Q ❑ .... ❑ ...................................... ❑ ❑ Tabled William Ciccarelli ..................... Mover.. ..... Q ......,...... ❑ ... ❑ ......,..... ❑ ... ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ .. Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York January 30, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-61 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Nature Preserve Mgt Town of Wappinger Page 20 Printed 211412017 Regular Meeting Minutes January 30, 2017 WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2015 and 2016 by Nature Preserve MGT LLC regarding real property as listed in Schedule "A" annexed hereto seeking a reduction in the 2016 tax assessment for their respective tax roll; and WHEREAS, the owners of the above mentioned parcels have agreed to withdraw the petition requesting a reduction for the 2015 said tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2016, as it pertains to real property as listed in Schedule "A" annexed hereto; and be it further RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-61 Revised Total Reduction Assessment Assessment 2015 $400,000 $250,000 $150,000 2016 $400,000 $400,000 $ -0- Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ............. ❑ ................... ❑ ❑ .. ..❑. ❑ Defeated WilliamFl.Beale ................... Voter Q ....... ......... ❑ ....... .... ❑......... ....... ....... ............ ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ .. ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York January 30, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-62 Resolution Authorizing The Settlement Of The Tax Certiorari Proceeding Regarding Widmer Construction WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari proceeding commenced in 2015 and 2016 by Widmer Construction Corp. regarding real property located at 125 Widmer Road, Wappingers Falls, Grid 4 6258.01-161-0000 seeking a reduction in the 2015 and 2016 tax assessment for their respective tax roll; and WHEREAS, the Town Assessor and Special Counsel have recommended a settlement of this tax review proceedings; now, therefore be it RESOLVED, that the Town Board of the Town of Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review proceedings for the year 2015 and 2016, as it pertains to: Grid 4 6258-01-161630-0000 Year Original Total Revised Total Reduction Assessment Assessment 2015 $400,000 $250,000 $150,000 2016 $400,000 $400,000 $ -0- Town of Wappinger Page 21 Printed 211412017 Regular Meeting Minutes January 30, 2017 RESOLVED, that the Town Supervisor, Town Assessor and Scott L. Volkman, Esq., Special Counsel to the Town of Wappinger, are hereby authorized to take all action necessary and appropriate to effectuate the terms of this Resolution. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-62 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ..Q .............. ❑ ❑ ..❑........... ❑ ..❑....... ❑ Defeated William H. Beale ................... Voter... ...... ....... ......... ❑ ... ....... .... ....... ....... ............ ❑ Tabled William Ciccarelli ......................... Voter ............. Q ................. ❑ ............... ❑ ................ ❑ ....... ❑ Withdrawn John J. Fenton Seconder Q ❑ 0 .. 0 Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York January 30, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-64 Resolution Authorizing Supervisor To Execute Proposals And Receive Compensation From Dutchess County For The Acquisition Of Temporary Easements In Connection With The Rehabilitation Of Portions Of Old Hopewell Road And All Angels Hill Road WHEREAS, Dutchess County has undertaken the rehabilitation of certain portions of Old Hopewell Road (CR 28) and All Angels Hill Road (CR 94) in an effort to improve the roadways; and WHEREAS, the proposed rehabilitation of Old Hopewell Road (CR 28) begins just east of US Route 9 and ends approximately 700 feet east of the All Angels Hill Road (CR 94) intersection (the "Old Hopewell Portion"; and WHEREAS, the proposed rehabilitation of All Angels Hill Road (CR 94) begins approximately 700 feet north of its intersection with Old Hopewell Road (CR 28) to approximately 850 feet south of the intersection (the "All Angels Portion"); and WHEREAS, not all the proposed work will be within the existing County Highway and, therefore, it is necessary for the County to acquire additional rights to properties within the project corridors in the form of temporary easements; and WHEREAS, the County is in need of acquiring two portions of Town owned property in the form of temporary easements and has offered the Town compensation to acquire these easements; and WHEREAS, by letter dated August 2, 2016 from Beckmann Appraisals, Inc., the County has offered the Town an appraisal amount of $980.00 to acquire a temporary easement for a period of three years, with an option for the County to extend the term of the temporary easement for two additional one-year terms upon payment of $327.00 for each one-year extension of term, for the All Angels Portion of Town owned property identified as Map 435, Parcel 437, Tax Map Designation 135689-6257-03-162462; and WHEREAS, by letter dated December 14, 2016 from Beckmann Appraisals, Inc., the County has offered the Town an appraisal amount of $2,705.00 to acquire a temporary easement for a period of three years, with an option for the County to extend the term of the temporary Town of Wappinger Page 22 Printed 211412017 Regular Meeting Minutes January 30, 2017 easement for two additional one-year terms upon payment of $902.00 for each one-year extension of term, for the Old Hopewell Portion of Town owned property identified as Map 454, Parcel 457, Tax Map Designation 135689-6257-01-405571; and WHEREAS, in order for the Town to authorize the above-mentioned temporary easements and to accept the compensation offered by the County, the Town Supervisor has been requested to sign two (2) proposals as prepared by Beckmann Appraisals, Inc., copies of which are affixed hereto. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board Members each have read the above-mentioned two (2) proposals from Beckmann Appraisals, Inc. and hereby understands and agrees to the terms and conditions contained therein. The Town Board hereby authorizes the Town Supervisor, Lori A. Jiava, to execute the above- mentioned two (2) proposals by and on behalf of the Town in substantially the same form as affixed hereto. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-64 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ..❑..... ❑ ❑ ..❑......., ❑ Defeated William H. Beale ...................Voter... ..... Q.........,.... ❑........,... ........ ... ...''' • ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Seconder Q❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York January 30, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-65 Resolution Approving And Authorizing The Adoption Of The Dutchess County Hazard Mitigation Plan Municipal Annex WHEREAS, the Town of Wappinger has worked cooperatively with Dutchess County, with the assistance of Tetra Tech, Inc., in gathering information and preparing the Dutchess County Multi -Jurisdictional Hazard Mitigation Plan Municipal Annex (the Plan), a copy of which is annexed hereto; and WHERAS, the Dutchess County Multi -Jurisdictional Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and WHEREAS, Dutchess County and the Town of Wappinger are units of government that have afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and WHEREAS, Dutchess County and the Town of Wappinger has reviewed the Plan and affirms the Plan will be updated no less than every five years. NOW, THEREFORE, BE IT RESOLVED, as follows: Town of Wappinger Page 23 Printed 211412017 Regular Meeting Minutes January 30, 2017 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby approves and adopts the attached Dutchess County Hazard Mitigation Plan Municipal Annex as this jurisdiction's Natural Hazard Mitigation Plan, and resolves to execute the actions of the Plan. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-65 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ❑ ❑ ❑ DefeatedWilliam .............................. H. Beale Mover .................. Q ....... ....,.... ❑ ....... ... ,.... ❑ ....... ..... ❑ ...... .. ❑ Tabled William CiccarelliVoter ..................... .Se11 11 11 Q ❑ ❑ ❑ ❑ Withdrawn J John . Fenton c onder Q o o o Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York January 30, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-66 Resolution Accepting Map, Plan & Report For United Wappinger Water District Extension To Tall Trees WHEREAS, the Tall Trees Water Improvement Area (hereinafter "TTWIA") was authorized by Resolution of the Town Board on March 12, 1973; and WHEREAS, TTWIA was formed for the purposes of acquiring the water system from a private waterworks corporation and making certain repairs to the water system; and WHEREAS, by Resolution adopted by the Town Board on September 9, 1974, the Town Board authorized the issuance of $80,000 in Serial Bonds to pay the costs of acquiring the water system and making the necessary repairs to the water system; and WHEREAS, the wells servicing the TTWIA have been unable to provide sufficient quantity of water to supply the needs of the inhabitants of the Tall Trees Subdivision; and WHEREAS, the Town, through the United Wappinger Water District (UWWD), constructed a water main along Old Hopewell Road, through New Hamburg Road, through Wheeler Hill Road, through Carnwath Farms and eventually to River Road, to supply the New York City DEP Chelsea site, as well as the inhabitants of Chelsea with water; and WHEREAS, the TTWIA was connected to the UWWD water main on a temporary basis to supply the needs of the inhabitants of the Tall Trees Subdivision; and WHEREAS, the Town Board has determined it is in the best interest of the residents of the Tall Trees Subdivision to make a permanent underground interconnection between the existing facilities of the TTWIA and the UWWD by extending the boundaries of the UWWD to include the Tall Trees Subdivision; and WHEREAS, the projected costs for the extension of the UWWD are estimated to be $621,400, less total estimated grants of $375,000; and WHEREAS, the Town Board may authorize the issuance of Serial Bonds to fund the costs of the district extension; and Town of Wappinger Page 24 Printed 211412017 Regular Meeting Minutes January 30, 2017 WHEREAS, on October 11, 2016, by Resolution 2016-264, the Town Board authorized the Engineer to the Town, Morris Associates Engineering and Surveying Consultants, PLLC, to prepare a Map, Plan and Report in connection with the construction of a permanent underground interconnection between the TTWIA facilities and the UWWD; and WHEREAS, Morris Associates Engineering and Surveying Consultants, PLLC prepared a Map, Plan and Report dated December 20, 2016, which includes an estimate of costs for the proposed permanent underground interconnection and any other expenses in connection therewith, a copy of which is on file at the Town Clerk's Office; and WHEREAS, the Town Board wishes to accept the Map, Plan and Report and authorize the preparation of the proceedings necessary to extend the UWWD to service the Tall Trees Subdivision in accordance with the provisions of Article 12-A of the Town Law; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby accepts the Map, Plan and Report dated December 20, 2016 prepared by Morris Associates Engineering and Surveying Consultants, PLLC for the extension of the UWWD, a copy of which is on file in the Town Clerk's Office. 3. The Town Board hereby directs the Town Clerk to file in his office the Map, Plan and Report, above-described, in accordance with the provisions of Town Law § 209-c for extending the UWWD to serve the Tall Trees Subdivision and pursuant to Article 12-A of the Town Law. 4. The Town Board directs the Town Clerk to forward a copy of the Map, Plan and Report to Douglas Goodfriend, Esq. of Orrick, Herrington & Sutcliffe for the purposes of preparing the necessary proceedings for the extension of the UWWD and for the issuance of capital bonds to pay for the costs associated therewith as identified in the Map, Plan and Report. The Town Board further authorizes the Attorney to the Town and the Engineer to the Town to prepare and formalize bid specifications, notices to bidders, contract documents and related materials and to otherwise solicit public bids as soon as the requisite bond authorizations and proceedings are concluded. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-66 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter ... Q ❑ ..❑..... ❑ ❑ ..❑......., ❑ Defeated William H. Beale ...................Mover ..... ......Q.........,.... ❑........,... ............ ... ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ 0 0 Dated: Wappingers Falls, New York January 30, 2017 The Resolution is hereby duly declared Adopted. X. Items for Special Consideration 28 Beale Town of Wappinger Page 25 Printed 211412017 Regular Meeting Minutes January 30, 2017 Cicc Bruce Flowers Chaiman Planning Board Abstain RESOLUTION: 2017-28 Resolution Appointing Chairperson Of The Town Of Wappinger Planning Board BE IT RESOLVED, that Bruce Flowers is hereby appointed as Chairperson of the Town of Wappinger Planning Board for calendar year 2017. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-28 ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter ... Q ❑ ..❑..... ❑ ❑ ..❑......., ❑ Defeated William H. Beale ...................Mover ..... ......Q.........,.... ❑........,... ............ ... ❑ Tabled William Ciccarelli Seconder ........ Q❑ ............... ❑ ❑ ... ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Voter ❑ ❑ Q ❑ Dated: Wappingers Falls, New York January 30, 2017 The Resolution is hereby duly declared Adopted. XI. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 9:57 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 26 Printed 211412017 Packet Pg. 27 (v000000000000 O N N N N N N N N N N N N � M M M M M M M CO M M M Co N N N N N N N N N N N N Q C O O ,^ •� O ♦J o N_ W rrCD W - N ami L a C — O + C � N 6 0 O ~ LL C — LO (D C(n U '+LJ > O z a) 0 " Y O U O µL, O >, ,O . ,Cu i o o O >-_ of j- o E a) Q o d Q U) a U O n a) N a) a) 0 Com) Q Q c- .F+ Q- a I..L :fl- :5 a cL V J (!J M C a) tU= � = L L N ll� o( o C N Q a) a) 3 r �0a).00QL)E0(D � � E —1 ® �� >,Q �� a) a) a 'E NSC Cu — N— a) _ U a) m a) L O rn n3 (iS MN O F- Y C r �QoCu N�`Q��N� N V 4 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 r 0 N N N N N N N N N N N N I d d7 (n Cfl O O O O O M N O w J Tr O O r O r O T O r O r O r O r O r O r O r O N N N N N N N N N N N N O O O O O O O N O ti V r A� W 0 E V/ OC Ii a) O U rn o =c - c o = 'C c L 5. Y 'm 0 Q. uoi 4 0 uoi 4- O O E L E Mn E� o >>O o a) a) O O U L o O fn C> a O m c a) J ♦♦ V �Y �(nCdfn m= = =O Ca) " U " o Cu L L L L L L L L L L 000000W00000 w W W Co W W W Co W W Co W •moi 0 0 0 0 0 0 0 0 0 0 0 7^ L f L f� L f� L f� � � l Co L (7 r N CO L() CO I— CO O O T N .0 0 0 0 0 0 0 0 O C7 r r r 0 0 0 0 0 0 0 0 0 0 0 0 M M Co M M Co M M M M M M Z N N N N N N N N N N N N r r r r r r r r r r rO rO Packet Pg. 27 TOWN JUSTICE HEATHER L. KITCHEN January 4, 2017 TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 • (845)297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Jiava and Members of the Town Board Town Hall 20 Middlebush Rd. Wappinger Falls, N.Y. 12590 Dear Supervisor ]lava and Members of the Town Board: Olt?/ -f /o/ las TOWN JUSTICE CARL S. WOLFSON SEC EMF n JAN 0 5 2017 TOWN OF WAPPINGER TOWN CLERK The following is a report of the matters that were disposed of while 1 presided over the Justice Court during the year 2016: 2,853 Vehicle and Traffic matters resulting in $306,172.00 collected in. fines and fees. 220 Penal Law matters resulting in $6,720.00 collected in fines and fees. 193 Civil matters resulting in $2,510.25 collected in fees. 21 Town Law matters resulting in $750.00 collected in fines. 1 Bail Poundage matter resulting in $375.00 collected in fees. 1 Bail Forfeiture matter resulting in $100.00 collected in fees. 203 Termination of Suspension matters resulting in $17,445 collected in fees. Packet Pg. 28 5.1.a len F Kud ista & Associates 1"q's -00-. 242 BROADWAY • PO Box 670 PORT EWEN, NEW YORK 12466 PHONE: (845) 338-8062 FAX: (845) 338-6057 kubistagaol.com . www.szl-,ubista.com December 28, 2016 Clerk, Town of Wappinger 20 Middle Bush Road Wappinger Falls, NY 12590 RE: ODYSSEY DINER OF DUTCBESS, INC. ODYSSEY DINER 1515 ROUTE 9 WAPPINGERS FALLS NY 12590 Dear Sir/Madam This office represents the above captioned licensee and on their behalf we are contacting your municipality as required by Section110(b)of the ABC Law. At this time an Application is being filed with the State Liquor Authority for an On Premises Liquor License. This application cannot be processed for 30 days unless your municipality waives your rights to a 30 day hold and consents to the approval of the instant application. If a waiver is an option in this instance, kindly forward your letter of waiver and consent to the undersigned at the address listed above. Thank you for your anticipated assistance in this instance. Very truly yo s, Glen F. Kubista7�4 CERTIFIED MAIL RETURN RECEIPT 7015 1730 0001 6142 5IMVED JAN 0.6 2017 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 29 5.1.a I SAMPLE WAIVER Jacqueline Held — deputy Commissioner New York State Liquor Authority 80 South Swan Street Suite 900 Albany, New York 12210 RE ODYSSEY DINER OF DUTCHESS, INC. ODYSSEY DINER 1515 ROUTE 9 WAPPINGERS FALLS NY 12590 Dear Ms. Held, The Town of Wappinger acknowledges that an On Premises Liquor License Application is being filed by the above captioned licensee for the location so specified. In this instance the Town of Wappinger waives its rights to the 30 day hold on processing the above application and consents to the Authority's Approval and Issuance of said license. Please feel free to contact this office should you have any questions regarding this letter. This letter should be typed, on your letterhead, to the Liquor Authority, and sent to my office by mail kubista@aol.com or by fax 845 338-6057 JAN'O6 2017 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 30 opla-rev 01/22/16 OFFICE USE ONLY 0 Original O Amended Date 12-28-2016 Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to Local Municipality or Community Bow (Page 1 of 2 of Forr 5.1.a 4r NEWTE OFYORK STAState Liquor OPPORTUNITY. Authority 1. Date Notice Was Sent: Dec 28, 2016 1 a. Delivered by: Certified Mail Return Receip RERMYLED 2. Select the type of Application that will be filed with the Authority for an On -Premises Alcoholic Beverage License ® New Application ❑ Renewal ❑ Alteration ❑ Corporate Change ❑ Removal ❑ Class ChangJAN 0.6 2017 For New applicants, answer each question below using all information known to date. !'OWN OF WAPPINGER For Renewal applicants, set forth your approved Method of Operation only. For Alteration applicants, attach a complete written description and diagrams depicting the proposed altTOWN. CLERK For Corporate Change applicants, attach a list of the current and proposed corporate principals. For Removal applicants, attach a statement of your current and proposed addresses with the reason(s) for the relocation. For Class Change applicants, attach a statement detailing your current license type and your proposed license type. This 30 -Day Advance Notice is Being Provided to the Clerk of the following Local Municipality or Community Board 3. Name of Municipality or Community Board: TOWN OF WAPPINGERS FALLS Applicant/Licensee Information 4. License Serial Number, if Applicable: Expiration Date, if Applicable: 5. Applicant or Licensee Name: (ODYSSEY DINER OF DUTCHESS, INC. 6. Trade Name (if any): ODYSSEY DINER 7. Street Address of Establishment: 1515 ROUTE 9 8. City, Town or Village: WAPPINGERS FALLS ,NY Zip Code :12590 9. Business Telephone Number of Applicant/Licensee; 845-297-0812 10. Business Fax Number of Applicant/Licensee: 845-297-0814 11. Business E-mail of Applicant/Licensee: judyskirianos@gmail.com 12. Type(s) of Alcohol sold or to be sold: ❑ Beer & Cider ❑ Wine, Beer & Cider ® Liquor, Wine, Beer & Cider 13. Extent of Food Service: ® Full food menu; ❑ Menu meets legal minimum food availability requirements; Full Kitchen run by a chef or cook Food prep area at minimum 14. Type of Establishment: Restaurant (Full Kitchen & Full Menu required 15. Method of Operation: ❑ Seasonal Establishment [-]Juke Box ❑ Disc Jockey ® Recorded Music ❑ Karaoke (Check all that apply) ❑ Live Music (Give details: i.e. rock bands, acoustic, jazz, etc.): 1[] Patron Dancing ❑ Employee Dancing ❑ Exotic Dancing ❑ Topless Entertainment ❑ Video/Arcade Games ❑ Third Party Promoters ❑ Security Personnel ❑ Other (specify): 16. Licensed Outdoor Area: ® None ❑ Patio or Deck ❑ Rooftop ❑ Garden/Grounds ❑ Freestanding Covered Structure (Check all that apply) ❑ Sidewalk Cafe ❑ Other (specify): Page 2 Packet Pg. 31 opla-rev 01 /22/16 NEW YORK STATE OF OPPORTUNITY. OFFICE USE ONLY Q Original O Amended Date 12-28-2016 Standardized NOTICE FORM for Providing 30 -Day Advanced Notice to Local Municipality or Community Bow (Page 2 of 2 of Forr 5.1.a n0 State Liquor Authority 17. List the floor(s) of the building that the establishment is located on: 2 - MAIN & 2ND FLOOR STORAGE 18. List the room number(s) the establishment is located in within the (8 & 2ND FLOOR STORAGE building, if appropriate: 19. Is the premises located within 500 feet of three or more on -premises liquor establishments? QYes QNo 20. Will the license holder or a manager be physically present within the establishment during all hours of operation? DYes O Ni 21. If this is a transfer application (an existing licensed business is being purchased) provide the name and serial number of the license I o 22. Does the applicant or licensee own the building in which the establishment is located? 0 Yes (If Yes SKIP 23-26) Q No r� Owner of the Building in Which the Licensed Establishment is Located CL sn 23. Building Owner's Full Name: CRIMSWAL REALTY COMPANY LLC 0 24. Building Owner's Street Address: C/O RICHARD FINNERMAN 5606 ST MORITZ 25. City, Town or Village: BELLAIRE State: TEXAS Zip Code :77401 26. Business Telephone Number of Building Owner: 713-243-6938 co LLJ Representative or Attorney representing the Applicant in Connection with the M application for a license to traffic in alcohol at the establishment identified in this notice 27. Representative/Attorney's Full Name: REPRESENTATIVE: GLEN F. KUBISTA (GLEN F. KUBISTA & ASSOCIATES) 28. Street Address: 242 BROADWAY P.O. BOX 670 29. City, Town or Village: PORT EWEN State: NY Zip Code :12466 r� 30. Business Telephone Number of Representative/Attorney: REPRESENTATIVE: 845-338-8062 FAX# 845-338-6057cc 31. Business Email Address: REPRESENTATIVE: KUBISTA@AOL.COM I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. 1 understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of Perjury -thatthe representations made in this form are true. 32. Printed Name: ZAHARIAS SKIRIANOS Title PRESIDENT Signature: X Page 3 packet Pg. 32 Board of Trustees President; Dr. RavichandraReddv Vice President Dr. Rabi Sinha Treasurer Mr. Venkata Chaluvadi Secretary Mr. Kalpesh Jani Board Of Trustees Mr. Balaji Jilla Mrs. Dipti Shah Mr. Jayesh Patel Mrs. Jayshree Shah Mr. Kamlesh Patel Mrs. Madhu Verma 'Mr. Rajeswara Rao Arra Mr. .Ram Sajnani Mr. Sushunina lruvanti Mr. Vijayakurnar C hintapatla Mr. Yogesh Bhatt �,?1-4-10 / /,23 a samajo P.O, Box 1188, Wappingers Falls, NY 12590 (A Non Profit Religious, Cultural, and Charitable Organization) Tax ID # 23-7411617 Hindu Temple and Indian Cultural Center & Jain Temple 3 Brown Road, Wappingers Falls, NY 12590 Tel: 845-287-9061 email. hindusamajtemple0-g nail.con website: www.hindusamaitemple.orci To Ms. Lori 3iava, Town Supervisor, and Mr. William Beale, Councilman Town of Wappingers Falls NY 12590 Sulhject: 283 All Angels) Will Road -sewer district inclusion (parcel# 139689-6357-01- 003754) Dear Ms. 3iava, As we had discussed with you and the Town engineer, Mr. Bob Gray, we would like the property at 283 Ail Angels Iaill Road, wamed by .Hindu Sa.maj and used fur priest quarters, to be included in the sewer district. As our 3 Brown .Road property is already in the sewer .district, per Mr. Gray's suggestion, we explored combining the two contiguous Hindu Samaj properties (3 Brown Road and 283 All Angels Hill Road) to be able. to expedite getting the subject property bought into the sewer district. We learnt f.ioni .Mr. Gray that the Town attorney, Mr. Roberts, counseled that we should.pursue getting the property at 283 All Angels Hil Road independently included in the sewer district. We understand that this petition starts with discussionand decision by the Town Board. As there is an emergency with the.septic system at 283 All Angels Road; we request you to include this petition on the agenda for the upcoming Town -Board meeting so that we can vet the process of buying into the sewer district started soon.. Thank you for your understanding and timcly consideration. Sincerely, Ravi. Reddy., M.D Ram Sajnani President,11i.n.du Samaj Trustee in -charge of construction JAN 0 6 2017 TOWN OF WAPF::. TOWN CLERK Packet Pg. 33 5.1.a 16-10407-smb Doc 357 Filed 01/09/17 Entered 01/09/17 08:40:25 Main Document Pg 1 of 4 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------x In re: Chapter 7 TRANSCARE CORPORATION, et al., Case No.: 16-10407 (SMB) Jointly Administered Debtors. --------------------------------------------------------------x STIPULATION AND ORDER AUTHORIZING THE CHAPTER 7 TRUSTEE ON BEHALF OF THE DEBTORS' JOINTLY ADMINISTERED BANKRUPTCY ESTATES TO SURRENDER THE REAL PROPERTY LOCATED AT AND KNOWN AS 16 MIDDLEBUSH ROAD, WAPPINGERS FALLS, NEW YORK 12590 This Stipulation and Order (this "Stipulation") is made by and among Salvatore LaMonica, as Chapter 7 Trustee (the "Trustee") of the jointly -administered estates of TransCare Corporation, TransCare New York, Inc., TransCare ML, Inc., TC Ambulance Group, Inc., TransCare Management Services, Inc., TCBA Ambulance, Inc., TC Billing and Services Corporation, TransCare Westchester, Inc., TransCare Maryland, Inc., TC Ambulance North, Inc. and TransCare Harford County, Inc. (collectively, the "Initial Debtors") and the Trustee of the estates of TransCare Pennsylvania, Inc., TC Ambulance Corporation and TC Hudson Valley Ambulance Corp. ("TC Hudson Valla') (collectively, the "Subsequent Debtors", along with the Initial Debtors are collectively referred to herein as the "Debtors"), on behalf of the TC Hudson Valley estate, and the Town of Wappinger, a municipal corporation (herein, the "Landlord", together with the Trustee, the "Parties"), acting by and through their undersigned counsel. RECITALS A. On February 24, 2016, the Initial Debtors each filed voluntary petitions for relief under Chapter 7 of title 11 of the United States Code (the `Bankruptcy Code") in the United States Bankruptcy Court for the Southern District of New York (the `Bankruptcy Court") AN 0 9 2017 TOWN OF Wi Packet Pg. 34 16-10407-smb Doc 357 Filed 01/09/17 Entered 01/09/17 08:40:25 Main Document Pg 2 of 4 B. On February 25, 2016, Salvatore LaMonica was appointed as the interim Chapter 7 Trustee of the Initial Debtors' cases, has since duly qualified and is the permanent Trustee administering the Initial Debtors' cases. C. Pursuant to Orders dated March 1, 2016, the Initial Debtors' cases are being jointly administered under case no. 16-10407 (TransCare Corporation). D. On April 25, 2016 (the "Petition Date"), each of the Subsequent Debtors, including TransCare Hudson Valley, filed voluntary petitions for relief under chapter 7 of the Bankruptcy Code in the Court. E. Also on April 25, 2016, Salvatore LaMonica was appointed as the interim Chapter 7 Trustee in each of Subsequent Debtors' cases, has since duly qualified and is the permanent Trustee administering the Subsequent Debtors' cases. F. Prior to the Petition Date, on or about July 28, 2006, TransCare Hudson Valley entered into a lease with the Landlord whereby TransCare Hudson Valley agreed to occupy the real property located at 16 Middlebush Road, Wappingers Falls, New York 12590 (the "Premises") through the expiration date December 31, 2009, which was extended through a month to month holdover (the "Lease"). G. Under the terms of the Lease, TransCare Hudson Valley paid a monthly based rent of $7,000 to occupy the Premises. H. There is currently approximately $28,000 in pre-petition arrears owed to the Landlord by TransCare Hudson Valley under the terns of the Lease (the "Pre -Petition Arrears"). I. On April 25, 2016 (the Petition Date), the Trustee has surrendered the Premises to the Landlord under the terns and conditions set forth herein. J. Good cause has been shown for the entry of this Stipulation and Order and the relief granted herein. 5.1.a Packet Pg. 35 16-10407-smb Doc 357 Filed 01/09/17 Entered 01/09/17 08:40:25 Main Document Pg3of4 TERMS AND CONDITIONS 1. This Stipulation is subject to approval of the Court and shall become effective on the date the Court so -orders this Stipulation (the "Effective Date"). Nothing herein shall constitute an admission, waiver of rights or any other undertaking by the Parties unless and until this Stipulation becomes effective. 2. Upon the Effective Date, the Lease shall be deemed rejected and the Premises shall be deemed surrendered as of April 25, 2016 (the Petition Date) with all remaining items of the Debtors' personal property being deemed abandonment. 3. Within thirty (30) days of the Effective Date, the Landlord must file a proof of claim for the Pre -Petition Arrears in the TC Hudson Valley estate, and that such claim, if filed timely, shall be deemed an allowed general unsecured claim in the TC Hudson Valley estate (the "Allowed Unsecured Claim"). 4. Upon the execution of this Stipulation, the Landlord hereby waives any and all claims the Landlord may have, had, assert or claim against the estates, of whatever kind or nature, including but not limited to, any administrative claims or any other general unsecured claims, notwithstanding the Allowed Unsecured Claim. 5. Nothing contained in this Stipulation shall be construed as creating a leasehold interest in favor of the Trustee or the Debtors' estates. 6. Each individual executing this Stipulation represents that he or she is duly authorized to execute and deliver this consent on behalf of his or her respective Party. 7. This Stipulation constitutes the entire agreement and understanding between the Trustee and the Landlord, is the final expression of that agreement, and supersedes all previous or contemporaneous oral or written representations, understandings or agreements. 5.1.a Packet Pg. 36 16-10407-smb Doc 357 Filed 01/09/17 Entered 01/09/17 08:40:25 Main Document Pg4of4 8. This Stipulation may not be modified, superseded, terminated or amended and no provision hereto may be waived except by a writing making specific reference to this Stipulation, which is signed by the parties to be bound and approved by the Bankruptcy Court. 9. The Stipulation is binding upon the parties, their successors, assigns. 10. This Stipulation shall have no force and effect unless it is approved by the Bankruptcy Court. Should the Bankruptcy Court fail to approve this Stipulation, none of the provisions herein shall be deemed to be admissions or be prejudicial or impair any of the rights or remedies of the parties. 11. The Bankruptcy Court shall retain jurisdiction to enforce the terms and conditions of this Stipulation. Dated: January 6, 2017 Wantagh, New York LaMONICA HERBST & MANISCALCO, LLP Counsel to Salvatore LaMonica, as Trustee By: s/Jacgulvn S. Loft Gary F. Herbst, Esq. Jacqulyn S. Loftin, Esq. 3305 Jerusalem Avenue, Suite 201 Wantagh, New York 11793 Telephone: 516.826.6500 Dated: January 6, 2017 Wappingers Falls, New York STENGER, ROBERTS, DAVIS & DIAMOND, LLP Counsel to the Landlord IT IS SO ORDERED: New York, New York January 6", 2017 By: s/Ian Lindars Ian Lindars, Esq. 1136 Route 9 Wappingers Falls; New York 12590 Telephone: 845.298.2000 /s/ STUART M. BERNSTEIN United States Bankruptcy Judge 5.1.a Packet Pg. 37 TOWN JUSTICE HEATHER L. KITCHEN TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 • (845)297-0145 FAX: (845) 297-0145 COURT HOURS: January 9, 2017, Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Jiava and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 5.1.a 71-1 a 0/ 0 1 /,Az) Re: Carl S. Wolfson, Town Justice Report for the month of November, 2016: Dear Supervisor Jiava and Members of the Town Board; TOWN JUSTICE CARL S. WOLFSON The following is a report of the cases disposed of during the month of November, co Uj 2016; W 27 Penal Law matters resulting in $810.00 collected in fines and fees. 266 Vehicle and Traffic Law matters resulting in $27,392.00 collected in fines and cm fees. ° 26 Civil matters resulting in $375.00 collected in fees. cm 33 Termination of Suspension fees resulting in $2,310.00 collected. 1 DNA fee collected in the amount of $50.00. 2 Town Ordinance matters resulting in $75.00 collected. 1 Bail forfeiture in the amount of $150.00 1 Bail poundage collected in the amount of $150.00. I have forwarded a check in the amount of $31,312.00.00 to the Town of Wappiriger Comptroller. Additionally, I am holding $12,342.50 in pending bail. Respectfully sub ifled, - Carl S. Wolfson, �- Town Justice cc: Joseph Paoloni, Town Clerk JAN 0 9 2017 TOWN OF WAPPINGER T OWN CLERK Packet Pg. 38 TOWN JUSTICE HEATHER L. KITCHEN January 10, 2017 5.1.a On TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-6070 - )0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Jiava and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers, NY 12590 Re: Carl S. Wolfson, Town Justice Report for the month of December, 2016: TOWN JUSTICE CARL S. WOLFSON Dear Supervisor Jiava and Members of the Town Board; The following is a report of the cases disposed of during the month of December, 2016; 28 Penal Law matters resulting in $1,205.00 collected in fines and fees. 307 Vehicle and Traffic Law matters resulting in $30,110.00 collected in fines and fees. 27 Civil matters resulting in $278.00 collected in fees. 18 Termination of Suspension fees resulting in $1,260.00 collected. 1 DNA fee collected in the amount of $50.00. 1 Transportation Law matter resulting in no money collected. I have forwarded a check in the amount of $32,903.00 to the Town of Wappinger Comptroller. Additionally, I am holding $11,842.50 in pending bail. Zeeotfi�lly su it ed,-' Carl S. Wolfson, Town Justice cc: Joseph Paoloni, Town Clerk JAN 10 2017 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 39 TOWN JUSTICE HEATHER L. KITCHEN January 10, 2017 �Ol l TOWN OF WAPPINGER JUSTICE COURT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6070 • (845) 297-0145 FAX: (845) 297-0145 COURT HOURS: Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. Supervisor Jiava and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers Falls, NY 12590 Re: 2016 Annual Report, Carl S. Wolfson, Town Justice Dear Supervisor Jiava and Members of the Town Board: TOWN JUSTICE CARL S. WOLFSON JAN 10 2017 TOWN OF WAPPINGER TOWN CLERK The Following cases were disposed of while I presided over the Justice Court during the year of 2016; 303 Penal Law matters resulting in $9,355.00 collected in fines and fees. 3,876 Vehicle and Traffic Law matters resulting in $362,554.00 collected in fines and fees. 26 Town Ordinance matters resulting in $1,540.00 collected in fines. 197 Civil matters resulting in $2,319.25 collected in fees. 4 ENCON Law matters resulting in $200.00 collected in fines. 4 NYCRR matters resulting in $200.00 collected in fines. 1 Public Health Law matter resulting in no money collected. 1 Alcohol and Beverage Law matter resulting in no money collected. 1 Transportation Law matter resulting in no money collected. Packet Pg. 40 I Tax Law matter resulting in no money collected. 16 DNA collection fees in the amount of $800.00. 8 Bail Poundages resulting in $798.60 collected. 2 Bail Forfeitures resulting in $350.00 collected. 306 Termination of suspension fees resulting in $20,510.00 collected. I have forwarded to the Town of Wappinger a total of $398,626.85 during the year of 2016. Respectfully submitt& ~- Carl S. Wolfson �...� Town Justice CSW/ch cc: Joseph Paoloni, Town. Clerk 5.1.a Packet Pg. 41 - - - --- - - -- - - . . ........ .. . .. . ............ STENGER ROBERTS �w 1136 Route 9 Wappingers Falls, New York 12590 (845)298-2000 FAX (845) 298-2842 www.srddiew.com e-mail: info@srddlaw.com January 12, 2017 Town Board Kenneth M. Stenger Town of Wappinger 2p Middlebush Road Albert P. Roberts Wappingers Falls, New York .12590 Thomas R. Davis Attenti.on:.Hon. Lori A. 3iava, Supervisor aol 7f Jo. 5.1.a a3-cx� Stephen E. Diamond' Re: Tall Trees Emergency Interconnection couNSEL Contract -w- Thomas Gleason, Inc. Joan F. Garrett"^' Dear Lori and Board Members: James P. Horan` and .automobile liabili ty), Ace American. Insurance Co. as to Insurer B Ian C. Lindars In connection with the above referenced matter in which Thomas Gleason, Inc. was the successful bidder, please be advised I have reviewed the Darren H. Fairlie following documents which were submitted in accordance udth the Fred Clarke Request for Proposal (RFP):. jjj777 r �. ALSO ADMITTED IN FL Z MA ALSO AOMI?TED IN CT ALSO ADMITTED IN NJ JAN 13 2017 TOWN OF WAPP1%�:J,tI � TOWN CLERK Packet Pg. 42 Acord Certificate of Liability Insurance dated November 16, 2016, a copy couNSEL of which is attached, issued through Marshall & Sterling, Inc. on behalf of Sc S Scott L. Volkman Wesco Insurance Company as to Insurer A (commercial general liability Karen MacNish and .automobile liabili ty), Ace American. Insurance Co. as to Insurer B Jessica J. Glass (umbrella liability) and AmTrust Insurance Company of Kansas as to Insurer C (workers compensation and employers' liability) identifying PARALEGALS Thomas Gleason, Inc. as the insured and the Town of Wappinger as Sandra A. Oakley certificate holder and have determined .that the proof of insurance mimed Dawn M. Paino therein is consistent with the insurance requirements set forth in the RFP Dorothy A. Purtill and the requirements of the Town of Wappirzger. Please note that the Christine M. Schnittert Town of Wappinger is an additional insured and that coverage will be Rita M. Worthington "primary and non-contributory" with a waiver of subrogation as required by the contract documents. Since this was circulated on an emergency CLOSING COORDINATOR basis, there are no Performance or Payment Bonds being required.. Maria L. Jones jjj777 r �. ALSO ADMITTED IN FL Z MA ALSO AOMI?TED IN CT ALSO ADMITTED IN NJ JAN 13 2017 TOWN OF WAPP1%�:J,tI � TOWN CLERK Packet Pg. 42 The. above documents are satisfactory to form and accordingly this matter should be scheduled for contract signing as soon as possible. Very truly yours STENGER, ROBERTS, DAVIS & DIAMOND, LLP 0�� Z�- F - eta/nzo ALBERT P. ROBERTS APR/so Enc. cc: T -Ion. Joseph P. Paoloni, Town Clerk Robert J. Gray,. P.E. Mark Long, P.E. Thomas Gleason, Inc. 5.1.a Packet Pg. 43 5.1.a fooLoI a3 -� Q ! �} Limnology Information and Freshwater Ecology Inc WE D 19 Sandy Pines Blvd NopeweCC]unction, ,New Tork12533 JAN 17 2017 845-227-8805 office www. Cfeincponds, com TOWN OF WAPPINGER l feinc@optonline, net TOWN CLERK Dear Property Owner; I represent Lake Oniad Lot Owners Association with address 40 Kent Drive, Wappingers Falls, NY 12524. This letter is to inform you that Lake Oniad Lot Owners Association has hired LIFE Inc to perform aquatic control treatments for the control of invasive Curly Leaf Pond weed in their 15 -acre pond located within their community. This treatment is performed in May or June, 2017. The water that leaves the pond flows into a stream that eventually flows into Green Pond and then into Wappingers Creek. NYSDEC regulations state that if the owners cannot hold the water for the regulated time period then all property owners downstream from the water bodies outflow for a specific distance must be informed of the treatments. Your property has been identified via the Dutchess County GIS Website as a downstream owner, which means that either the stream from the outflow flows along your property line or you are an owner of Green Pond or your property abuts the outflow of Green Pond where its outflow tributary flows into Wappingers Creek. Boards will be placed in the dam area to stop the flow of water, but inevitably, some water may leave the water body even with this precaution. The water use restrictions following the use of Nautigue is as follows: (2.16 Miles) Water Use Restrictions Restriction Days: Swimming & Bathing NO Restrictions Animal Livestock Watering: NO Restrictions Fishing Consumption NO Restrictions Irrigation or spraying of agricultural crops NO Restrictions Use of water for domestic purposes is prohibited for NO Restrictions Use of potable water is prohibited until the water bodies MCL is 200 PPB or Under *** The water use restrictions following the use of AgEathol K is as follows: (3.1 Miles) Water Use Restrictions Restriction Days Swimming & Bathing 24 HOURS: 1 DAY Animal Livestock Watering: NO Restrictions Fishing Consumption NO Restrictions Irrigation or spraying of agricultural crops NO Restrictions Use of water for domestic purposes is prohibited for NO Restrictions Use of potable water is prohibited until the water bodies MCL is 50 PPB or Under *** Page 1 Packet Pg. 44 You as a downstream owner have the right to object to this application of chemicals. You have 21 days from the date of this letter (1/23/17) to state your objection. If you wish to object to this treatment, NYSDEC Region 3 requests that all correspondence must be in writing and addressed to the contact information below. Department of Environmental Conservation Bureau of Pesticides 21 South Putt Corners Road New Paltz, New York 12561 Your lack of response will be considered consent for the proposed application and the resultant water use restrictions specified in this document. '"Potable Water Information The Water Use Restriction on page 1 states "Use of potable water is prohibited until the concentration of the chemical is at the NYS Water Quality Standards MCL (Maximum Contaminant Level) of 50 PPB and 200 ppb". This water use restriction refers to the use of the treated water body as your primary and sole use of water for drinking and culinary purposes. If you would like to have your area of the outflow stream tested at your expense to determine when the concentration is at or below 200 PPB or 50 PPB and is safe for potable purposes, LIFE Inc, can provide that service for you. Potable water use as stated above refers to the use of the water body as the primary and sole source of drinking water and culinary purposes, Potable water use may be defined when a person is consuming large quantities of water from the waterbody every day for a long period of time, Incidental contact with the water body such as swallowing a mouth full of water while swimming is not the same as potable water use. You may view a copy of the Pesticide Label at; http;Ulifeincponds.com ; please click on the Labels Tab and scroll down for a list of all Pesticide Labels in PDF format. You may also email or call LIFE Inc at the email or phone number above and we will be happy to email or mail you a copy of the product label. If you have any questions or concerns about the treatment, you may also email or call our office and we will be happy to answer any questions that you may have, If you would like LIFE Inc to notify you via email or phone when we plan on treating the water body so that you can adhere to the restrictions if needed, we would be happy to do so, LIFE Inc is a registered business with NYSDEC; we have been providing aquatic management control in NY and CT for over 30 years. Thank you for your time in this matter. Sincerely, rWaykRo[and Mark Roland President Page 12 5.1.a Packet Pg. 45 HIGHWAY SUPERINTENDENT Vincent Bettina 101-1IGi3WAY DRIVE WAPPINGERS FALLS, NY 12590 Email: Vberiiva:WdownoR appinger.us DEPUTY SUPERINTENDENT Frank M. Greggo (845) 297-9451 Olc (845) 298-0524 Fax SECRETARY Karol Kelly Office of The Superintendent of Highways January 18, 2017 TO: TOWN BOARD FROM: VINCENT BETTI SUBJECT: 284 AGREEMENT TO SPEND HIGHWAY FUNDS SUPERVISOR Lori A. Jiava 845-297-4158 Main TOWN BOARD William H. Beale William Ciccarelli John Fenton Michael Kuzmiez TOWN CLERK Joseph Paoloni Please find the revised 284 Agreement To Spend Highway Funds for your review and approval. The attached town roads are approximately 20 years plus and- in need of paving. These roads also vary in width and surface conditions. I am recommending the resurfacing of Brothers Road, as it would be cost effective to complete 1.38 miles and would save on cost by not having to continually move the machinery. The comptroller established the road cost profile of 1.47 miles based on 2016 costs. Be advised, we do not have asphalt pricing or rental rates as of yet, for 2017. JAN 18 2017 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 46 AGREEMENT FOR THE EXPENDITURE OF HIGHWAYS MONEYS AGREEMENT between the Town Supem teWent Qf the Tov_�u>; of Wa�inaer Dutchess County, New York, and the undersigned members of the Town Board. Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of Highways, shall be expended as foftows: 1. GENERAL REPAIRS. The sum of $ 1,119,265 shall be set aside to be expended for primary work and general repairs upon _100 miles of town highway, including sluices, culverts and -bridges having a span. -of less then. five feet and. -boardwalks or the renewals thereof. 2. PERMANENT IMPROVEMENTS. The following sums shall be set aside to be expended for the permanent improvement of Town Highways: (a) On the road commencing at and leading to , a distance of 1.47 miles, there shall be expended not over the sum of $ 220,000 Type 6 Width of traveled surface ftickness Subbase subject to surface conditions and various widths ** see attached list of roads (b) On the road commencing at and leading to , a distance of miles, there shall be expended not over the sum of $ Type Width of traveled surface Thickness Subbase (c) On the road commencing at and leading to a distance of miles, there shall be expended not over the sum of $ We Wdth of traveted surface Thickness Subbase Executed in duplicate this —23rd—day of January , 2017 Sumvisnr- Councilman Councilman Councilman County Superintendent of Highways . Count an Councilman Councilman Councilman Town Superintendent NOTE: This Agreement should be signed in duplicate by a majority of the members of the Town Board and By the Town Superintendent. Both copies must be approved by the County Superintendent. One copy must be filed in the Town Clerk's office and one in the County Superintendent's office. COPIES DO NOTHAVE TO BE FILED IN ALBANY 5.1.a Packet Pg. 47 PROPOSED 284 ROAD PROFILE 2017 YEAR MILEAGE PAVED AIRPORT DR 0.90 1991 BETH PLACE 0.04 1990 BROTHERS RD 1.38 1993 -CAM:ELI.-0RI:1[E 0-30. 199.3 CURRY ROAD 0.21 1993 DANA PLACE 0.10 1992 DOROTHY HEIGHTS 0.42 1991 E SALEM ROAD 0.28 1990 HILLTOP DRIVE 0.49 1992 LESKOW CIRCLE 0.12 1992 LITTLE ROAD 0.08 1993 LORMAR COURT 0.35 1990 MAGURA ROAD 0.08 1992 MONTFORT WOODS RD 0.17 1993 fltO- KETC4#AMTOWN 110 -0:.15. 1993. OLD ROUTE 9S 0.43 1990 PATTIE PLACE 0.19 1991 PIPPIN LANE 0.31 1991 PLEASANT LANE 0.10 1993 RED HAWK HOLLOW 0.39 1993 ROBERTS ROAD 0.35 1993 RUSSELL ROAD 0.22 1993 WOODLAND COURT 0.43 1993 BROOKH.OLLOW COURT 11...13 1992 CENTRAL AVENUE 0.40 3.991 FRONT STREET 0.09 1990 NAMOTH ROAD 0.29 1992 NEW ROAD 0.10 1991 NORMAN COURT 0.06 1992 PINE HILLS DRIVE 0.24 1991 RUSSETT LANE 0.08 1991 5.1.a Packet Pg. 48 FIRE INSPECTOR Mark Liebermann - Ext. 127 DEPUTY FIRE INSPECTOR Tyler Pettit - Ext 1.28 CLERICAL ASSISTANT Michelle Gale - Ext. 123 CODE ENFORCEMENT OFFICER Brian Rexhouse - Ext. 142 5.1.a s PERVIS R Lori A. Jiava TOWN BOARD William H. Beale William Ciccarelli John Fenton Michael Kuzmicz CODE ENFORCEMENT OFFICER FIRE INSPECTOR Sue Dao -Ext 126 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 ZONING ADMINISTRATOR P1+ 845-297-1373 Barbara Roberti - Ext, 128 Fax: 845-.297-0579 MLiebermannCu townofwaobinaer. us. Tpett t c@townofrappinger.us RECEIVED 17E 'SO 0 >; Tuesday, Januarys 17, 20.17 Lon Java - Town Supervisor Town of WapPinger R& 70m94 Carrnwath Lane This letter is to advise that: I conducted an inspection of the dorm bu Chapel area. (ddtthe The following violations were found to exist in this building. i..No running water. JAN 18 2017 2.No telephone line. 3. No operational fixe alarm system. TOWN VUAPN t��-:�; 4. no heat®F TOWN 5.. no toilet facilities. CLERK This building also houses the Sports Museum and Town storage of records Pursuant to the Fire Code of New York State (191NYCRR. 1225) section. 107.1 when a structure is .found to be unfit for human. occupancy the building shall be condemned. SF'IG7.1 General. When a Structure or €xuipment. Is found t.'o be unsafe, or when a structure is found to 11 €— unfit for human occupancy or t.s found. unlawful, such structure shall be condenmed pursuant to the provisions of this code or the Bu.ild%ng Code of New York State. Pursuant to 19 VYCRR .11225 Section 107.2 said structure is hereby= condemned and posted and shall not be occupied or used by anyone until the above violations are corrected and a permit to perform corrections is applied for and issued. F'1.07.2 Unsafe structures. An unsafe structure is rine that is found to be dangerous to the life, 'health, property or safety of she publ=.c or to the occupants of the structure by not providing minimum safeguards to protect or wars: occupants in the event of fire; or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, or structurally unsafe: or is of such faulty construction or unstable foundation that partial or complete collapse is oossibl.e- Y Mark Liebermari ire Inspector / CEO Packet Pg. 49 FIRE INSPECTOR Mark Liebermann - Ext. 127 DEPUTY FIRE INSPECTOR Tyler Pettit — Ext 129 CLERICAL ASSISTANT Michelle Gale - Ext, 123 CODE ENFORCEMENT OFFICER Brian Rexhouse - Ext. 142 SUPERVISOR Lori A. Jiava TOWN BOARD William H. Beale William Ciccarelli John Fenton Michael Kuzmicz The permit was issued for removal of the 15,000 underground heating, oil tank and to install an above ground heating oil tank. Pursuant to the note on the permit this office never was called for any inspections, Enviro Clean was the contractor who performed the removal of the underground tank- Enviro Clean was instructed to certify to this office that the tank was removed pursuant to code, that the closure report was filed and that the new tank was installed properly. To my knowledge this was never done. This permit was only applied for and issued after I questioned why the work was permitted to be done without the benefit of a required permits. Yours truly, Mark Liebermann — Fire Inspector CEO#0189-7193B I Packet Pg. 50 1 FIRE INSPECTOR CODE ENFORCEMENT OFFICER Sue Dao — Ext 126 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 ZONING ADMINISTRATOR PH: W-297-1373 Barbara Roberti -Ext. 128 Fax: 845-297-0579 MLiebermannO,townofwapoincter.us Tpettjt@townofwappinger.us RECF-IV90 -Affl Tuesday, January 17, 2017 SUPEKVI's OR OFFICS Lori jiava — Town Supervisor RE: Carnwath Permit# 2012-0474EXPIRED The above permit was issued in 2012 and has expired. The permit was issued for removal of the 15,000 underground heating, oil tank and to install an above ground heating oil tank. Pursuant to the note on the permit this office never was called for any inspections, Enviro Clean was the contractor who performed the removal of the underground tank- Enviro Clean was instructed to certify to this office that the tank was removed pursuant to code, that the closure report was filed and that the new tank was installed properly. To my knowledge this was never done. This permit was only applied for and issued after I questioned why the work was permitted to be done without the benefit of a required permits. Yours truly, Mark Liebermann — Fire Inspector CEO#0189-7193B I Packet Pg. 50 1 Town of Wappinger 20 Middlebush Rd. Wappingers Falls, NY 12590 5.1.a Page I Ul I BUILDING PERMIT SUPERVIIISOROMM THIS PERMIT MUST BE DISPLAYED AT THE JOB SITE This is to certify that permission is hereby granted for: Removal of 15.000 gallon UST heating oil. Install 1000 gallon AST heating oil Approved by Town Board resoloution2011-370 Above tanks completed by contractor Enviro Clean without the benefit of a permit when work was performed. NO INSPECTIONS by this office ENVIRO CLEAN shall certify in writing that the above tanks were removed and installed puruant to all applicable codes,rules and regulations prior to C/C being issued. Closure report required for UST removal MJ Liebermann Fire ljnspector Owner: Town Of Wappinger SSL M 6057-03-487186 Located At: 70-94 Carnwath Farms Ln 0A ilding Permit #: 2012-0474 Applicant Information Permit Type: TANK Town Of Wappinger Date: 6/20/2012 20 Middlebush Rd Expiration Date: 6/20/2012 Wappinger Falls NY Cost of Construction: $ M All work shall be executed in strict compliance with the permit applilcation, the provisions of the Town of Wappinger Building C14 Code and Zoning Ordinance., any and all Ordinances of the Town of Wappinger, approved plans, the NYS Uniform Fire Prevention and Building Codes, and all other laws, rules and regulations which apply. The building permit does not constitute authority to build in violation of any federal, state, or local law other rule or regulation. CM E Fees: Check # Amount ....... ... . ........ . ....... . ..... ... . . . .... Permission hereby granted to proceed with the work as set forth in the specification, plans or statements now on file in this Department. Any amendments made to the original plans or specifications must be submitted for approval. Building Inspector: . . . . . . . . . . . . -- — - - ------ - - - ---- - -------- I Packet Pg. 51 1 HIGHWAY SUPERINTENDENT Vincent Bettina 10 HIGHWAY DRIVE WAPPINOERS FALLS, NY 12590 Enwil: Vbetfina,&town(.& L-1A–N4r4-)Ln1S-ML1S DEPUTY SUPERINTENDENT Frank M. Greggo (845) 297-9451 Ofe (845) 298-0524 Fax SECRETARY Karol Kelly 111111301111 Office of The Superintendent of Highways January 18, 2017 TO: TOWN BOARD FROM: VINCENT BETTIN� SUPERVISOR Lori A. Jiava 845-297-4158 Main TOWN BOARD William H. Beale William Ciccarelli John Fenton Michael Kuzmicz TOWN CLERK Joseph Paolorti SUBJECT: 284 AGREEMENT TO SPEND HIGHWAY FUNDS Please find the revised 284 Agreement To Spend Highway Funds for your review and approval The attached town roads are approximately 20 years plus and in need of paving. These roads also vary in width and surface conditions. I am recommending the resurfacing of Brothers Road, as it would be cost effective to complete 1.38 miles and would save on cost by not having to continually move the machinery. The comptroller established the road cost profile of 1.47 miles based on 2016 costs. Be advised, we do not have asphalt pricing or rental rates as of yet, for 2017. I I Packet Pg. 52 1 AGREEMENT between the Town Superintendent of the Town of yVappiriger I Dutchess County, New York, and the undersigned members of the Town Board. T-ursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of Highways, shall be expended as follows: 1. GENERAL REPAIRS. The sum of $ 1,119,265 shall be set aside to be expended for primary work and general repairs upon _100 miles of town highway, including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewals thereof. 2. PERMANENT IMPROVEMENTS. The following sums shall be set aside to be expended for the permanent improvement of Town Highways: (a) On the road commencing at and leading to a distance of 1.47—miles, there shall be expended not over the sum of $_220,000 Type 6 Width of traveled surface Thickness — -Subbase subject to surface conditions and various widths ** see attached list of roads (b) On the road commencing at and leading to a distance of.--- miles, there shall be expended not over the sum of $ Type Width of traveled surface Thickness Subbase (c) On the road commencing at and leading to a distance of miles, there shall be expended not over the sum of Type Width a traveled surface Thickness Subbase Executed in duplicate this _23rd—day of Supervisor Councilman Councilman Councilman County Superintendent of Highways January_, 2017 Councilman Councilman Councilman Councilman Town Superintendent NOTE: This Agreement should be signed in duplicate by a majority of the members of the Town Board and By the Town Superintendent. Both copies must be approved by the County Superintendent. One copy must be filed in the Town Clerk's office and one in the County Superintendent's office. COPIES DO NOT HAVE TO BE FILED IN ALBANY I I Packet Pg. 53 1 PROPOSED 284ROAD PROFILE 2O17 Y 1�� A Il MILEAGE ;)AVEI) AIRPORT DR 0.90 1991 x BETH PLACE 0.04 1990 0 BROTHERS RD 1.38 1993 [AM.BJ0RIVE 0,30 1993 0 CURRY ROAD 0.21 1893 w� DANA PLACE 0.10 1992 DOROTHY HEIGHTS 0.42 1991 ESALEM ROAD 0.28 1990 HILLTOP DRIVE 0.49 1892 LESKOVVCIRCLE 0.12 1992 Co LITTLE ROAD 0.08 1991 LORK4AR[OURT 0.35 1990 MAGURARC]AD 0.08 1992 Lm � yWONTFORTWOODS RD 0.17 1993 - OLD KETCHAMT()VVNRD 0,15 1993 OLD ROUTE 9S 0.43 1990 PATT|EPLACE 0.19 1991 CL 0 PIPPIN LANE 0.31 1991 C0 PLEASANT LANE 0.10 1993 ' RED HAWK HOLLOW 0.39 1993 ROBERTS ROAD 0.35 1993 .. RUSSELL ROAD 0.22 1993 � WOODLAND COURT 0.43 1993 r~ 04 Co BROQKHQLLOVVCOURT 0i13 1992 CENTR4LAVENUE 0.40 1991 FRONT STREET 0.09 1990 � NAMOTH ROAD 0.29 1992 U. NEW ROAD 0.10 1991 NORMAN COURT 0.06 1992 Lm PINE HILLS DRIVE 0.24 1891 � RUSSETT LANE 0.08 1991 Co0 00� 04 � = I Packet Pg. 54 1 9.2.a NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 1 of the year 2017 A local law entitled "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to a Variety of Planning and Zoning Matters." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) Packet Pg. 55 LOCAL LAW # 1 OF THE YEAR 2017 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "A Local Law for the purpose of amending Chapter 240, Zoning, of the Town Code with respect to a variety of planning and zoning matters." Section 2: Legislative Intent The Town Board believes that it is reasonable and appropriate to update and amend Chapter 240, Zoning, of the Town Code with respect to a variety of planning and zoning matters. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3: Amendments to the Text of Chapter 240, Zoning 1. The following definitions in Section 240-5 shall be revised to read as follows: BUILDING, ACCESSORY — A building which is subordinate to the principal building on the lot and used for purposes customarily incidental to that of the principal building. Accessory buildings shall include but not be limited to barns, garages, sheds, huts, garage- or shed -like tents, fabric shelters, etc. Where an accessory building is attached to the principal building in a substantial manner, as by a common wall or roof, such accessory building shall be considered part of the principal building. An accessory building connected to the principal building by an open or enclosed breezeway shall not be considered part of the principal building. STAND-ALONE, FRANCHISE, FAST-FOOD ESTABLISHMENT — A business enterprise having the three following characteristics: A. The business occupies the total floor area of the building in which it is located. B. The business is a franchise. C. The business is primarily engaged in the sale of pre -prepared or quickly prepared food and beverages in disposable containers or wrappers, selected by patrons from a limited line of specialized items such as hamburgers, chicken, pizza, tacos, hot dogs, ice cream, yogurt, etc. for consumption P) 9.2.a Packet Pg. 56 either on or off the premises, in a facility in which at least a major portion of the sales to patrons is at a stand-up counter or drive-through window. For the purposes of this chapter, the conduct of a bakery, a delicatessen, convenience store or other store selling food and beverages whether or not at a gasoline filling station shall not be deemed to be a stand-alone, franchise, fast-food establishment but shall be considered to be the retail sale of food and beverages. STORY, HALF — A story immediately under a sloping roof where less than 50% of the story's floor area has a height of seven feet or more between the surface of the floor and bottom of the roof beams. 2. The following new definitions shall be added to Section 240-5 in their proper alphabetical order: AS -BUILT SURVEY — A land survey that shows the final horizontal and vertical field location of constructed improvements on a lot including any approved design changes and field changes. This type of survey depicts the location of all improvements on a site including above -ground and below -ground structures such as buildings, parking areas, utilities, storm drainage systems, sewer disposal systems, water supply systems and any other constructed features. COMMERCIAL OR INDUSTRIAL LAUNDRY — An establishment engaged in laundering and/or supplying laundered items, such as uniforms, gowns and coats, table linens, bed linens and clean room apparel on a rental or contract basis to entities such as industrial plants, institutions, retail establishments and hospitality industries. FIELD CHANGE — A change to an approved plan made during the course of site development work or construction work required by unforeseen site constraints and/or technical or engineering considerations where the change does not match the plan that was originally approved but is generally consistent with the approved plan. PERSONAL SERVICE BUSINESS — A business enterprise engaged in providing services involving the care of a person or his or her personal goods or apparel, including but not limited to beauty and barber shops, dressmakers, tailor shops, watch repair, clothing and shoe repair, laundromats, laundry and dry cleaners (not including commercial or industrial laundries), nail salons and tanning salons, and excluding tattoo parlors. TRANSPORTATION TERMINAL — A facility where ambulances, taxis, limousines, armored cars, tow trucks, buses and similar commercial vehicles are 91 9.2.a Packet Pg. 57 stored, and/or from where they are dispatched. A transportation terminal does not include the storage of impounded or towed vehicles. 3. Section 240-161)(2)(a) shall be revised to read as follows: (a) Notwithstanding any contrary provisions in § 240-21F of this chapter, the Junkyard shall be entirely surrounded by a fence or screening at least seven feet high, but not higher than 10 feet and evergreen landscaping, both of which shall be approved by the Planning Board as adequate to provide reasonable protection to the value of the adjoining property. 4. Section 240-21 shall be revised to read as follows: § 240-21 Yards and setbacks. A. Yard for every building. No part of a yard or other open space provided about any building or on any lot for the purpose of complying with the provisions of this chapter shall be included as any part of the yard or open space for any other building or any other lot. B. Obstructions in yards. Buildings or structures or any projection from buildings or structures shall not be permitted in a required yard, except as follows: (1) Paved open terraces and patios. (2) Architectural features such as windowsills, door frames, chimneys, eaves or cantilevered roofs may project up to three feet into any required yard. (3) The installation of handicap ramps for residential development. C. Yard requirements on multiple frontage lots. A front yard shall be provided on each street. On a corner lot, there shall be provided a front yard on each street. A rear yard shall be provided on each corner lot and the property owner shall elect which yard, other than a front yard, is the rear yard. D. Exception for existing alignment of buildings. If, on one side of the street within 150 feet of any lot, there is pronounced uniformity of alignments of the depths of front yards greater or less than the required minimum depths specified in the Schedule of Dimensional Regulations for Residential Districts,111 a front yard shall be required in connection with any new C! 9.2.a Packet Pg. 58 building which shall conform as nearly as practicable with those existing on adjacent lots. [I]: Editor's Note: Said schedule is included at the end of this chapter. E. Swimming pools. A swimming pool, including accessory equipment, shall be considered a structure and shall have the same set back requirements from lot lines as required for accessory buildings in the subject zoning district. A swimming pool, including accessory equipment, must be surrounded by a fence or constructed in accordance with the New York State Uniform Code. Associated electrical facilities for pool filters, and electrical outlets must comply with the New York State Uniform Code. F. Fences and walls. (1) The yard requirements of this chapter shall not be deemed to prohibit any accessory retaining wall, nor to prohibit any fence or wall, provided that walls or fences in required yard areas shall not exceed six feet in height. (2) Notwithstanding subsection (1) immediately above, in the zoning districts enumerated in the Schedule of Use Regulations for Nonresidential Districts,111 the Planning Board may allow a fence of any kind to a height not exceeding 12 feet above adjoining grade, provided the Board deems such fence necessary and appropriate for safety and/or security purposes, and provided further that the fence has been designed by a licensed professional engineer. A building permit shall be required for the construction of such fence and upon completion thereof the issuance of a certificate of compliance shall be required. (3) All walls which are four feet in height or higher shall be designed by a licensed professional engineer. A building permit shall be required for the construction of such walls and upon completion thereof the issuance of a certificate of compliance shall be required. [I]: Editor's Note: Said schedule is included at the end of this chapter. 5. In the Schedule of Use Regulations — Nonresidential Districts referenced in Section 240-37: a. Under the heading Public and Quasi -Public, the following use shall be revised to read as follows: 61 9.2.a Packet Pg. 59 9.2.a Places of worship, including rectories, parish houses and religious schools with minimum setbacks from adjacent residential properties equal to twice those otherwise required in the district in which the property is located Further, in addition to where it is already permitted, this use shall also be a Permitted Principal Use (PP) in the COP Conservation Office Park zoning district. b. In addition to where it is already permitted, under the heading Public and Quasi -Public, the use "Private schools and colleges (§ 240-58)" shall also be a Permitted Principal Use (PP) in the NB Neighborhood Business, SC Shopping Center, and Al Airport Industry zoning districts. C. Under the heading Public and Quasi -Public, the following use shall be revised to read as follows: Libraries, museums and art galleries on lots with frontage on a state or county road and provided the use derives its primary access from such road d. In addition to where it is already permitted, under the heading Office, the use "Scientific research, engineering or design laboratories, provided that no hazardous wastes are produced" shall also be a Special Permit Use (SPU) in the GB General Business zoning district. e. In addition to where it is already permitted, under the heading Retail, the use "Stores and shops for the conduct of retail business" shall also be a Permitted Accessory Use (PA) in the Al Airport Industry zoning district. f. In addition to where it is already permitted, under the heading Retail, the use "Craft and artisan studios and shops" shall also be a Permitted Principal Use (PP) in the SC Shopping Center zoning district. g. In addition to where it is already permitted, under the heading Retail, the use "Catalog showrooms for retail sales of off-site inventory (§ 240-81.1)" shall also be a Special Permit Use (SPU) in the HB Highway Business, GB General Business, CC Conservation Commercial, SC Shopping Center, and COP Conservation Office Park zoning districts. h. Under the heading Restaurant, the following two uses shall respectively be revised to read as follows: Packet Pg. 60 Restaurants; and on lots of at least 2 acres: stand-alone, franchise, fast-food establishments Restaurants excluding stand-alone, franchise, fast-food establishments i. Under the heading Service, the following use shall be revised to read as follows: Personal service businesses J_ Under the heading Service, the use "Laundry or dry-cleaning establishments serving commercial businesses" shall be deleted. k. Under the heading Service, the new use "Commercial or industrial laundry' shall be added as a Permitted Principal Use (PP) in the Al Airport Industry zoning district. 1. Under the heading Service, the new use "Landscaping business" shall be added as a Permitted Principal Use (PP) in the GB General Business, COP Conservation Office Park and Al Airport Industry zoning districts. in. In addition to where it is already permitted, under the heading Service, the use "Pet grooming" shall also be a Permitted Principal Use (PP) in the HM Hamlet Mixed Use, NB Neighborhood Business and SC Shopping Center zoning districts. n. In addition to where it is already permitted, under the heading Medical, the use "Nursing homes and alternative care facilities (§ 240-64)" shall also be a Special Permit Use (SPU) in the GB General Business and CC Conservation Commercial zoning districts. o. In addition to where it is already permitted, under the heading Medical, the use "Veterinarian offices, pet daycare and commercial kennels, without any outdoor runs (§ 240-71)" shall also be a Permitted Principal Use (PP) in the Al Airport Industry zoning district. p. In addition to where it is already permitted, under the heading Medical, the use "Veterinarian offices, pet daycare and commercial kennels, with outdoor runs (§ 240-71)" shall also be a Special Permit Use (SPU) in the Al Airport Industry zoning district. VA 9.2.a Packet Pg. 61 q. Under the heading Manufacturing, the use "Manufacturing, fabricating, assembling, finishing or repair of goods (§ 240-78)" shall be deleted. r. Under the heading Manufacturing, the following use shall be revised to read as follows: Manufacturing, fabricating, finishing, assembling or repair of products including the retail sale of such products on the premises (§ 240-78) This use shall be eliminated as a Special Permit Use (SPU) in the HB Highway Business zoning district. This use shall be a Permitted Principal Use (PP) in the COP Conservation Office Park and Al Airport Industry zoning districts. S. Under the heading Manufacturing, the following new use shall be added immediately following the use in Item r above and shall read as follows: Assembling, finishing or repair of products including the retail sale of such products on the premises (§ 240-78) This new use shall be a Permitted Principal Use (PP) in the HB Highway Business, GB General Business, HD Highway Design, COP Conservation Office Park and Al Airport Industry zoning districts. t. The heading Manufacturing shall be revised to read: "Manufacturing, Fabricating, Assembling, Finishing and Repair" U. In addition to where it is already permitted, under the heading Warehouse and Storage, the use "Contractor's lumber supply yard and wholesale lumber sales (§ 240-68)" shall also be a Permitted Principal Use (PP) in the Al Airport Industry zoning district. V. Under the heading Warehouse and Storage, the use "Contractor's office, storage and sale of construction materials, supplies and equipment, including plumbing, electrical and similar contractor's establishments, provided that any outdoor storage is suitably screened in accordance with § 240-25D and meets all other applicable provisions of this chapter" shall be eliminated from the HB Highway Business zoning district. W. Under the heading Automotive, the use "Motor vehicle towing, repair and service (§ 240-70)" shall be eliminated from the CC Conservation 0 9.2.a Packet Pg. 62 Commercial zoning district. This use shall be added as a Special Permit Use (SPU) in the Al Airport Industry zoning district. X. Under the heading Automotive, the use "Gasoline filling stations (§ 240- 52)" shall be eliminated from the CC Conservation Commercial zoning district. Y_ Under the heading Automotive, the use "Transportation terminals on a minimum lot of 2 acres" shall be eliminated from the HB Highway Business zoning district. Z. Under the heading Automotive, the following use shall be revised to read as follows: Vehicle rental businesses In addition to where it is already permitted, this use shall also be a Permitted Principal Use (PP) in the HB Highway Business zoning district. aa. Under the heading Residential, the use "Hotels and motels (§ 240-69)" shall be eliminated from the HM Hamlet Mixed Use, GB General Business, CC Conservation Commercial and Al Airport Industry zoning districts. In the HB Highway Business and HD Highway Design districts, this use shall be changed from a Special Permit Use (SPU) to a Permitted Principal Use (PP). bb. Under the heading Residential, the use "Bed -and -breakfast establishments (§ 240-73)" shall be eliminated from the HB Highway Business, GB General Business, HD Highway Design and Al Airport Industry zoning districts. CC. Under the heading Residential, the use "Conversion of certain existing large residential structures to two-family or multifamily dwellings (§ 240- 56)" shall be eliminated from the HB Highway Business, GB General Business and CC Conservation Commercial zoning districts. In the HM Hamlet Mixed Use district, this use shall be changed from a Permitted Principal Use (PP) to a Special Permit Use (SPU). 6. In the Schedule of Use Regulations — Residential Districts referenced in Section 240-37, the text of footnote 1 shall be relocated to under the word "Use" in the box where footnote 1 is now referenced, so that there will be no need for the footnote. 31 9.2.a Packet Pg. 63 7. In the Schedule of Use Regulations — Nonresidential Districts referenced in Section 240-37, the text of footnote 1 shall be relocated to under the word "Use" in the box where footnote 1 is now referenced, so that there will be no need for the footnote. 8. In Section 240-6 and in the Schedule of Use Regulations — Nonresidential Districts referenced in Section 240-37, and on the Zoning Map, all references to the MU Mixed Use zoning district shall be deleted. 9. In the Schedule of Dimensional Regulations — Nonresidential Districts referenced in Section 240-37, all references to the MU Mixed Use zoning district shall be deleted, including Footnote 1. Footnote 1 shall either be reserved for future use or the remaining footnotes shall be renumbered accordingly. 10. Section 240-7B(4) shall be deleted. 11. Section 240-7B(5) shall be revised to read as follows: (5) HD - Highway Design District. Intent: The uses are designed to discourage automotive uses; stand-alone, franchise, fast food establishments and certain other uses, and to encourage the development of office uses, scientific research, engineering or design laboratories, and other uses that can help diversify the Town's economic base. 12. Section 240-7B(5) shall be renumbered to 240-7B(4). 13. Section 240-54E regarding Professional office and professional studio uses in a residence, shall be revised to read as follows: E. The use shall not utilize an area exceeding 300 square feet which can be increased to 500 square feet if the lot has frontage on a state or county road and if the use derives its primary access from such road. In no case shall the use occupy an area exceeding 25% of the gross floor area of the residence. 14. Section 240-57 regarding Places of worship, including parish houses and religious schools, shall be revised to read as follows: § 240-57 Reserved. 15. Section 240-58 shall be revised to read as follows: § 240-58 Private schools including religious schools and colleges. In 9.2.a Packet Pg. 64 A. The lot shall have frontage on a state or county road and the use shall derive its primary access from such road. B. The minimum setback from adjacent residential properties shall be twice that otherwise required in the district in which the property is located. C. The Planning Board may impose such conditions as it deems necessary to avoid or minimize traffic impacts and the impairment of the use, enjoyment and value of property in the area. 16. Sections 240-59D and H regarding Temporary outdoor use and structures in all districts, and, in residential districts, temporary outdoor stands for the sale and display of field and garden crops, shall respectively be revised to read as follows: D. Such uses shall only be permitted on lots with frontage on a state or county road and only where the use derives its primary access from such road. H. The Zoning Administrator may issue a permit for a temporary outdoor sales or promotions use and temporary signage not exceeding 50 square feet in area without Planning Board approval for a period not to exceed 25 days in length nor more than three times per year per principal use, provided the temporary use: (1) Is accessory and incidental to an existing permitted principal use on the site; (2) Does not require any improvements to the site; (3) Is located on a lot with frontage on a state or county road and where the use derives its primary access from such road; (4) Conforms to all required setbacks for the district in which it is located; and (5) Does not pose any safety concerns as determined by the Zoning Administrator. 17. Section 240-62F regarding Private, community or fraternal recreation clubs, shall be revised to read as follows: 11 9.2.a Packet Pg. 65 F. The lot shall have frontage on a state or county road and the use shall derive its primary access from such road. 18. Section 240-63A regarding Private camps for seasonal residents, shall be revised to read as follows: A. To qualify for use as a camp, a lot must have a minimum lot area of 20 acres and must have frontage on a state or county road and the use must derive its primary access from such road. 19. Section 240-64C regarding Nursing and convalescent homes, not including institutions for the mentally ill or facilities for the treatment of drug or alcohol addiction, shall be revised to read as follows: C. The lot shall have frontage on a state or county road and the use shall derive its primary access from such road. 20. Section 240-65C regarding Funeral homes, shall be revised to read as follows: C. The lot shall have frontage on a state or county road and the use shall derive its primary access from such road. 21. Section 240-66B regarding Day-care centers, shall be revised to read as follows: B. The lot shall have frontage on a state or county road and the use shall derive its primary access from such road. 22. Section 240-73A regarding Bed -and -breakfast establishments, shall be revised to read as follows: A. The minimum lot area shall be 40,000 square feet and all structures must conform to the dimensional requirements of the zoning district in which the property is located. 23. Section 240-73H regarding Bed -and -breakfast establishments, shall be deleted. 24. Sections 240-73I through Q shall be respectively relettered to H through P. 25. Section 240-81.30 regarding Historic house tours, receptions and similar events, shall be revised to read as follows: IV) 9.2.a Packet Pg. 66 O. The lot shall have frontage on a state or county road and the use shall derive its primary access from such road. 26. Section 240-29F(2) shall be revised to read as follows: (2) Permanently mounted freestanding signs. (a) Not more than one freestanding sign, mounted in such manner as to constitute a permanent fixed installation, no taller than 10 feet, composed of no more than two back-to-back faces, along each street on which the lot abuts, shall be allowed, provided that the aggregate area of each such sign shall not exceed two square feet for each linear foot of building length facing the street or 25 square feet, whichever is smaller. A freestanding sign shall be located on private property and shall not be located closer than 25 feet from any side or rear lot line, and not closer than 15 feet from the edge of pavement of any roadway. Notwithstanding the above, the Planning Board may allow a freestanding sign in the right-of-way of a state or county road with the permission of the owner of the road, but in no case closer than 15 feet from the edge of pavement of the roadway. In no case shall a freestanding sign be located in a manner which adversely affects sight distance for vehicles. (b) One additional sign, of an equal or lesser dimension, shall be allowed in the case of commercial development consisting of two or more structures separated by at least 25 feet and located more than 125 feet from the front lot line. Said signs shall be coordinated with respect to construction and appearance to function as a single sign. 27. Sections 240-97A and B shall be revised to read as follows: A. Except where otherwise modified by other provisions of this chapter, off- street parking spaces shall be provided as follows. Off-street parking spaces in excess of the minimum numbers specified below shall not be permitted. Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed below or within the special standards of Article VIII shall be determined by the Planning Board. The Planning Board shall consider all factors entering into the parking needs of each such use or reuse of land or buildings and may, in the course of site plan or special permit review, reduce or increase the parking and loading requirements for such uses in an amount which it considers appropriate and in the best interest of the Town. In all cases, the Planning 191 9.2.a Packet Pg. 67 Board shall require appropriate safeguards for the provision of the required parking and loading facilities for uses for which standards exist. B. Notwithstanding Subsection A above, the Planning Board, at its sole discretion, may reduce the cumulative parking requirement in a mixed-use development, where it has been demonstrated to the Board that the proposed amount of parking will be adequate to serve the peak parking requirements of the development. In order to demonstrate this, the applicant shall provide a shared parking study prepared by an appropriate professional in accordance with accepted industry standards, such as that described in the latest edition of the Urban Land Institute's Shared Parking report, the Institute of Transportation Engineers' Shared Parking guidelines, or other approved procedures, which may be supplemented as appropriate by actual experience and studies of, or known to, the professional preparing the report. The study shall consider parking demand variations due to factors such as time of day, weekday versus weekend demand, monthly variations in parking demand, captive markets within the site and modal split, all of which affect when the peak accumulated parking demand would occur. [The remainder of subsection B shall remain intact.] 28. In the Schedule of Use Regulations — Residential Districts referenced in Section 240-37, under the heading Public and Quasi -Public, the following use shall be revised to read as follows: Libraries, museums and art galleries on lots with frontage on a state or county road and provided the use derives its primary access from such road 29. Section 240-18B shall be revised to read as follows: B. Subdivision of a lot. (1) Where a lot is formed hereafter from part of a lot already occupied by a building or structure, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith. (2) Except as provided in § 240-56 of this chapter, in the case of a legally non -conforming two-family or multifamily dwelling on a lot in a one -family residence zoning district, no land shall be subdivided from said lot unless the area of the lot on which the non -conforming IE! 9.2.a Packet Pg. 68 dwelling remains has an area of at least the number of dwelling units in the building times the minimum lot size of the zoning district in which the property is located. 30. Section 240-96G shall be revised to read as follows: G. Commercial vehicles. Not more than one commercially registered vehicle and one trailer may be parked or stored outdoors on any residentially used or residentially zoned lot at any time. For the purposes of this section, a "commercial vehicle" shall be a vehicle which exceeds 12,000 pounds in gross vehicle weight; examples include tractors, tractor -trailers, semi- trailers, rollers, tractor and truck cranes, power shovels, road -building machines, snowplows, road sweepers, sand spreaders, trailers, excavators, tank trailers and buses, and any other similar vehicle. 31. Section 240-43A(1)(e) regarding Special Permit application requirements shall be revised to read as follows: (e) Full environmental assessment form, except that in the case of a special permit accessory use the approval authority may allow the use of a short environmental assessment form. 32. Section 240-29F(6) shall be revised to read as follows: (6) Illumination. One permitted freestanding sign and one permitted building - mounted sign may be illuminated, during business hours only, provided that such illumination shall not be twinkling, flashing, intermittent or of changing degrees of intensity, except for time/temperature signs, and provided that the source of such illumination shall not be visible beyond the boundaries of the lot on which it is located. 33. In the Schedule of Use Regulations — Residential Districts referenced in Section 240-37, under the heading Public and Quasi -Public, the following use shall be revised to read as follows: Places of worship, including rectories, parish houses and religious schools with minimum setbacks from adjacent residential properties equal to twice those otherwise required in the district in which the property is located Further, this use shall be changed from a Special Permit Use (SPU) to a Permitted Principal Use (PP) in all of the residential zoning districts. 34. In the Schedule of Dimensional Regulations — Nonresidential Districts referenced in Section 240-37, all of the dimensions of the Highway Design f[.7 9.2.a Packet Pg. 69 (HD) District shall be revised so as to be the same as those of the Highway Business (HB) District. 35. In Section 240-6, in the Schedule of Use Regulations — Nonresidential Districts referenced in Section 240-37, in the Schedule of Dimensional Regulations — Nonresidential Districts referenced in Section 240-37, and on the Zoning Map, all references to the PI Planned Industry district shall be deleted. Section 3. Changing of Zoning District Designations of Parcels The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: 10 9.2.a Packet Pg. 70 Existing New Tax Parcel Subject Property Owner's Name Zoning Zoning Number(s) Address and Address District District 1376 Route 9 1369 Route 9 Associates, Inc. HD HB 6157-02-626677 Wappinger, NY 12590 1376 Route 9 Highway Highway Wappinger Falls, NY 12590 Design Business Route 9 1369 Route 9 Associates, Inc. HD HB 6157-02-631659 Wappinger, NY 12590 1376 Route 9 Highway Highway Wappingers Falls, NY 12590 Design Business Part of 6157-02- 1404 Route 9 Alpine Improvements LLC HD Highway HB Highway 707773 Wappinger, NY 12590 580 White Plains Rd Design Business Tarrytown, NY 10591 Old Hopewell Rd Lois, Eugene HD HB 6157-02-627612 Wappinger, NY 12590 680 Old Route 9 Highway Highway Wappinger Falls, NY 12590 Design Business I New Road DiLullo, Floria C LT (primary) HD HB 6156-02-781774 Wappinger, NY PO Box 275 Highway Highway 12524 Fishkill, NY 12524 Design Business 196 Old Route 9 Taconic Ed & Federal HD HB 6156-02-793743 Wappinger, NY Government Credit Union Highway Highway 12524 196 Old Route 9 Design Business Wappinger, NY Part of 6156-02- PI HB 848675 182 Old Route 9 Global Satellite LLC Planned Highway 10 9.2.a Packet Pg. 70 Section 4. Amendments to the Zoning Map of Chapter 240, Zoning The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on Exhibits A and B attached hereto. Section 5: Application of Local Law The zoning amendments herein shall not apply to any property for which an application for site plan or sub -division approval has been properly filed with the Town of Wappinger as of the effective date of this local law. Section 6: Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 7: Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 8: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word 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 affect 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 of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such rrA 9.2.a Packet Pg. 71 Wappinger, NY 12524 25 Corporate Park Dr Industry Business Hopewell Junction, NY 12533 Section 4. Amendments to the Zoning Map of Chapter 240, Zoning The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 3 above, as shown on Exhibits A and B attached hereto. Section 5: Application of Local Law The zoning amendments herein shall not apply to any property for which an application for site plan or sub -division approval has been properly filed with the Town of Wappinger as of the effective date of this local law. Section 6: Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 7: Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 8: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word 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 affect 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 of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such rrA 9.2.a Packet Pg. 71 illegal, invalid or unconstitutional provision, clause, sentence, subsection, word 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 9: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. Section 10. Re -adoption of Local Law 1 of 2015. This Local Law is being readopted to cure an alleged defect in the adoption process of Local Law 1 of 2015, said defect being that the referral submission to Dutchess County Planning pursuant to General Municipal Law § 239-m did not include the completed Environmental Assessment Form. This defect was cured by resubmitting the Local Law to Dutchess County Department of Planning with the completed Environmental Assessment Form dated November 5, 2014 and the Negative Declaration that was issued on April 27, 2015. This Local Law is identical to Local Law 1 of 2015 except for this Section 10 and the deletion of the last sentence of Section 3, Paragraph 5, Subparagraph x from the law which added gasoline filling stations as a special permit use in the SC Zoning District. This Local Law is remedial in nature and any approvals issued under Local Law 1, 2015 after its effective date of May 18, 2015 shall be considered valid notwithstanding the re - adoption of this law. No approvals have been granted for gasoline filling stations that would be affected by the amendment noted above. Attachments: Exhibits A and B IE:� 9.2.a Packet Pg. 72 Wappingers Falis, New York 12590 S1131MMME9 FAX (845).298-2842 January 13, 2017 www.si,ddlaw.coni e-mail: info@srddlaw.com Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Kenneth M. Stenger Attn: Hon. Lori A. Jiava, Supervisor Albert P. Roberts Re: Nature Preserve MGT LLC v. Town of Wappinger Thomas R. Davis Index Nos.: 2015-2741 & 2016-51860 SRDD File No.: 30374.0134 Stephen E. Diamond* Dear Supervisor Jiava & Town Board Members: Joan F. Garrett— Please be advised that the above referenced proceeding is a tax certiorari James P. Horan*** matter for the assessment years 2015 and 2016. This proceeding involves 38 ]an C. Lindars parcels located on Berry Lane currently known as the Nature Preserve. The petitioner has agreed to withdraw the 2015 matter, We have negotiated a Darren H. Fairlie settlement for the 2016 proceeding by reducing the total assessed value by Fred Clarke $385,8000 from $9,735,800 to $9,350,000 to be divided amongst the parcels. With the current equalization rate at 100% this settlement reflects fair market OF COUNSEL value and reflects the recent sales price of the now completed project. Scott L. Volkman Enclosed is a resolution for your consideration. The Assessor will provide you Karen MacNish with his recommendation and refund analysis for your review and Jessica J. Glass consideration. In addition, the refund will be payable without interest if paid within 60 days after service of the copy of the executed order and demand for PARALEGALS refund. I would appreciate your concurrence on this matter at the next Sandra A. Oakley available Town Board meeting. If you have any questions in the meantime, Dawn M. Paine please do not hesitate to contact me. Dorothy A. P u rtil I Christine M. Schnittert Yours very,truly, Rita M. Worthington /I STEN "A' ROB't"RTS/l 1. )��A_ DIAMOND, LLP _71"" CLOSING COORDINATOR 4, "A Maria L. Jones Sco L AN S,LV/dap ALSO ADMITTED IN FIE & MA -ALSO Enclosure ADMITTED IN OT ... AI_$O ADMITTED IN NIJ cc: Christian Harkins, Assessor Joseph P. Paolonijown Clerk Daniel Petigrow, Esq. I Packet Pg. 73 1 STENGER ROBERTS 1WEL-DAV'IS & DIAMONDLIP 11:18 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 January 13, 2017 FAX (845)298-2842 www,srddlaw.comrw Town Board e-mail: info@srddlaw.com Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Attn: Hon. Dori A. Jiava, Supervisor Kenneth I',+t. Stenger Re: Widmer Construction Corp. vs. Town of Wappinger Albert P. Roberts Index Nos.: 2015-2679 & 201.6-51752 Thomas R. Davis ,SRDD File No.: 30374.0133 Stephen E. Diamond* bear Supervisor Jiava & Town Board Members: STEN , ROBS S, AV, S I�AMOND, UP CLOSING COORDINATOR CLpS Maria L. Jones SCOTT L. VOLKMAN ALSO ADMITTED IN FL & NW SLV/dap7,; ALSO ADMITTED IN OT Enclosure "" ALSO ADMITTED IN NJ cc: Christian Harkins, Assessor Joseph P. Paoloni, Town Clerk Daniel Petigrow, Esq. 9.4.0 Packet Pg. 74 Please be advised that the above referenced proceeding is a tax certiorari Joan F. Garrett" matter for the assessment years 2015 and 2016. This proceeding involves a James P. Horan"** parcel located at 125 Widmer Road. We negotiated a settlement of the above referenced proceeding reducing the assessment for the 2015 roll from $400,000 Ian C. Cinders to $250,000 on the strength of a. December 2015 sale of the property for Darren H. Fairlie $200,000. The Courts consider an arms -length sale the best evidence of value. Fred Clarke The 2016 proceeding will be discontinued without a reduction so that assessment will remain at $400,000. With the current equalization rate at 100°% this settlement for 2015 reflects fair market value. OF COUNSEL Scott L. Volkman Enclosed is a resolution for your consideration. The Assessor will provide you Karen MacNish with his recommendation and refund analysis for your review and Jessica J. Class consideration. In addition, the refund will be payable without interest if paid within 60 days after service of the copy of the executed order and demand for PARALEGALS refund. I would appreciate your concurrence on this matter at the next Sandra A. Oakley available Town Board meeting. If you have any questions in the meantime, Dawn M. Paino please do not hesitate to contact me. Dorothy A. Purtill Christine M. Schnittert Yours verrrul11 , Rita M, Worthington STEN , ROBS S, AV, S I�AMOND, UP CLOSING COORDINATOR CLpS Maria L. Jones SCOTT L. VOLKMAN ALSO ADMITTED IN FL & NW SLV/dap7,; ALSO ADMITTED IN OT Enclosure "" ALSO ADMITTED IN NJ cc: Christian Harkins, Assessor Joseph P. Paoloni, Town Clerk Daniel Petigrow, Esq. 9.4.0 Packet Pg. 74 9I o8 ol. iosimadnS 6uiziioq1nV: V9-Ll,0Z-S3N) 9ZN3 9l,0Z 6nV tui tuasee dwal uetu)1399 :Ju9wq3eJJV BEC ANN APPRAISALS, Inc. 67 MAIN STREET TAPPAN, NEW YORK 10983 REAL PROPERTY APPRAISERS, ANALYSTS AND CONSULTANTS William R. Beckmann, MAI, CRE, FRICS, Certified General Real Estate Appraiser (845) 359-0070 Mona Parker, Certified General Real Estate Appraiser fax (845) 359-3652 Ann Marie Mulholland, Certified General Real Estate Appraiser www.beckmannappraisals.com Poh Sim Lim Pug Certified General Real Estate Appraiser W August 2, 2016 RECEZVED Barbara Guzler, Supervisor, Town of Wappinger 2 20 Middlebush Road Wappingers Falls, NY 12590 SUPERVISop, 0F1r1C15 Re: Property owned by: Town of Wappinger Identified as: Town of Wappinger Parcel ID# 135689-6257-03-162462 Project: 87551.44 Rehabilitation of Old Hopewell Road (CR 28), US Route 9 to All Angels Hill Road (CR 94) Map 435 Parcel #37 Dear Property Owner: As you have previously been made aware, the County of Dutchess is in need of acquiring a portion of your property as further described below in order to complete a public project involving rehabilitation of Old Hopewell Road (CR 28), US Route 9 to All Angels Hill Road (CR 94), within the Town of Wappinger, Dutchess County, NY. The interest to be acquired is more fully described in the enclosed copy of the acquisition map. This letter constitutes the County's written offer to purchase. The County of Dutchess must offer the property owner, as just compensation, the highest approved appraisal of the property to be acquired. The real property interest(s) that the County of Dutchess seeks to acquire from you have been appraised by a New York State Certified General Real Estate Appraiser whose appraisal report has been reviewed by a qualified appraiser and representatives of the County of Dutchess. The County of Dutchess must acquire from you certain interests in your property to the extent as set forth below, Temporary Easement: 6538.40+ sf (0.1501+ acres) Town of Wappinger The amount of the highest approved appraisal of the just compensation for the property interest to be acquired by the County of Dutchess (plus interest) is offered as follows: The temporary easement will be for a period of three (3) years commencing nine months after the date of the temporary easement, along with the option of the Buyer to extend the term of the temporary easement for two additional one-year terms upon payment of Three Hundred Twenty Seven Dollars ($327) for each one year extension of the term. All expenses with respect to the transfer of the Temporary Easement interest, other than an attorney or other advisor that you may retain if you so desire, will be paid by County of Dutchess. The cash payment, as described above, will be forwarded directly to you provided there are no liens on the property. If liens are found, same must be released unless otherwise waived. If you wish to accept this offer, as payment in fide, please sign the enclosed agreement and return it to us so that we may proceed with the transaction. Upon the acceptance of the agreement, the County of Dutchess will initiate the closing process with you, the property owner, providing for payment pursuant to the agreement. You also have the option of rejecting this offer as payment in full and instead elect to accept this offer as an advance payment, and preserve your right to institute a court action to seek additional compensation. If you wish to accept this offer as an advance payment, please sign the enclosed agreement and return it to us within 90 days of the date of this offer, so that we may proceed with the transaction. If you fail to accept this offer in writing within ninety (90) days, the offer shall be deemed rejected. This is a matter of importance and requires your prompt attention. If you have any questions regarding the above, please contact our real estate representative, Joseph Hamerman, at (845) 359-0070 extension 302 or Mr. Mohd Azher-Uddin at the Department of Public Works, (845) 486- 2934. We look forward to completing our agreement on an amicable basis, and your continued commitment to this important public project. Enclosures cc: Robert H. Balkind, P.E. John I Csanadi, P.E. Very truly yours, William R. Beckmann, MAI, CRE March 31, 2016 temporary easement $ 980 Consequential & Severance Damages $ - Site Improvement Compensation $ - 17 TOTAL: $ 980 The temporary easement will be for a period of three (3) years commencing nine months after the date of the temporary easement, along with the option of the Buyer to extend the term of the temporary easement for two additional one-year terms upon payment of Three Hundred Twenty Seven Dollars ($327) for each one year extension of the term. All expenses with respect to the transfer of the Temporary Easement interest, other than an attorney or other advisor that you may retain if you so desire, will be paid by County of Dutchess. The cash payment, as described above, will be forwarded directly to you provided there are no liens on the property. If liens are found, same must be released unless otherwise waived. If you wish to accept this offer, as payment in fide, please sign the enclosed agreement and return it to us so that we may proceed with the transaction. Upon the acceptance of the agreement, the County of Dutchess will initiate the closing process with you, the property owner, providing for payment pursuant to the agreement. You also have the option of rejecting this offer as payment in full and instead elect to accept this offer as an advance payment, and preserve your right to institute a court action to seek additional compensation. If you wish to accept this offer as an advance payment, please sign the enclosed agreement and return it to us within 90 days of the date of this offer, so that we may proceed with the transaction. If you fail to accept this offer in writing within ninety (90) days, the offer shall be deemed rejected. This is a matter of importance and requires your prompt attention. If you have any questions regarding the above, please contact our real estate representative, Joseph Hamerman, at (845) 359-0070 extension 302 or Mr. Mohd Azher-Uddin at the Department of Public Works, (845) 486- 2934. We look forward to completing our agreement on an amicable basis, and your continued commitment to this important public project. Enclosures cc: Robert H. Balkind, P.E. John I Csanadi, P.E. Very truly yours, William R. Beckmann, MAI, CRE 9t o8 ol. iosimadnS 6uiziioqInV: V9-LWZ-S3N) 9ZN3 9LO Z BnV tui rise at uew31399 :Ju9wq3eJJV Town of Wappinger Old Hopewell Road Wappingers Falls, NY 12590 Town of Wappingers 135689-6257-03-162462 Map # 35 Parcel(s) #37 I (we) accept the proposed offer of $980 as payment in full with respect to the temporary easement acquisition interest(s) in conjunction with the project identified as rehabilitation of Old Hopewell Road (CR 28), US Route 9 to All Angels Hill Road (CR 94), as well as consequential and severance damages and/or site improvement compensation, if applicable. Agreed: Property Owner(s) , 2016 I (we) do not accept the proposed offer of $980 as payment in full with respect to the temporary easement acquisition interest(s) in conjunction with the project identified as rehabilitation of Old Hopewell Road (CR 28), US Route 9 to All Angels Hill Road (CR 94), as well as consequential and severance damages and/or site improvement compensation, if applicable. However, we do accept the above offer as an advance payment and understand that such election shall in no way prejudice my (our) right to claim additional compensation. Agreed: 52016 Property Owner(s) 91x3 ol. josimadnS BuizijoqlnV: V9-LWZ-S3N) 9ZN3 9LO Z BnV jug rise dwal um3loas :ju9wq3e11V SCHEDULE A (Description and Map of Acquisition Area(s) TOWN OF WAPPINGER MAP #35, PARCEL #37 TAX MAP DESIGNATION: 135689-6257-03-162462 Go I,. COUNTY ROUTE 28 (OLD HOPIA1111 R11111 / COUNTY ROUTE 94 (ALL ANGELS WILL ROAD) CAPACITY IMPROVEMENTS OrCglndsaf tubs mcpNI.71 I ll,1711 31 or 9 on flle at the of fTcqS of the Out o ho . C a or�, y Department of PuNic Aorks, AcQuISITION OESCHWTIONt rypv: TEMPORARY EASEMENT Porrdon of Root Property Tax Porcgl IC No, l31160q-625j-O:j-jS2462-0000 MAP REFERENCE: Parcel 'A" on map ontltied "Sub4ivislnn Plot Woo&;resf" and filed Tn Dutch,as Count Clarke Office or 31211196� as map. 7183. 'EXHIBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS PIN 0755.44 rH[ TOWN OF WAPPINGER (REPUTED ONNEFD CCD L. 1838 P. 670 Z I , MAP NO, 35 PARCEL NO., 37 SHEET I OF 3 Town of Via piinqs County of Ou�Vcho 55 Sioto of Now York REPuIED OWNEN THE SOWN OF WAN'INCER N/A RD HOPEWELL ROAD Woopincer Fdln, NY 12590 THE TOWN OF WAPPINGER (REPUTED OWNER) TE N/A OLD HOPEWELL ROAD .3. 607.44 SQ. METER! 31 6,538.40 SQ, FT.- czw /20 NO, DrFOPAY A. DIRECTION '1kPVrfD ctO KNICWEL�. R010, : 15 t m(I 6 7. 8 t') N10- I 3'29"W �i 4 L3 43J9!inII43-T!1 N78'I9'II'W 12X4tm 6) 2k6trM6.8 �Fl S N 11002'04" W to MAP NO, 35 PARCEL NO., 37 SHEET I OF 3 Town of Via piinqs County of Ou�Vcho 55 Sioto of Now York REPuIED OWNEN THE SOWN OF WAN'INCER N/A RD HOPEWELL ROAD Woopincer Fdln, NY 12590 THE TOWN OF WAPPINGER (REPUTED OWNER) TE N/A OLD HOPEWELL ROAD .3. 607.44 SQ. METER! 31 6,538.40 SQ, FT.- czw /20 NO, DISTANCE DIRECTION I.2 : 15 t m(I 6 7. 8 t') N10- I 3'29"W 4 L3 43J9!inII43-T!1 N78'I9'II'W L4 2C661mlO0.9!'I M70 -28'51"W q MAP RLWOES REVISED DATE DATE PREPARED 20 30 dir A,,F? CAP. SCAP, E 1600 N: 'MATLTVV, Wl'lffq EWAI"S L. LKaP^dMi ON. COUNTY ROUTE 28 TOLD HOPEWELL ROAD) I COUNTY ROUTE 94 ALL ANGELS HILL ROAD) CAPACITY IMPROVEMENTS 8r9g�nols of thTs mops W10616 l through 31 are on file of the officas of tha outepess cowty Department of Public work r, AccallsirION DE501primh Type: TEMPORARY EASEMENT Portion of Roal Property Tax Porcto 10 No. 056894251i -01-f624,62-0000 MAP REFERENCE, Parcel "A' an mop entimed *Subdivision Plot Woodc,"'Ost and filed! in DutcheS Cnurlly clerk's offico an 3/"21/1985 ars Mop- 7183, THE TOWN OF WAPPINGER (REPUTED OWNER) N/A OLD HOPEWELL ROAD 607.44 SQ. METER_' 6,538,40 SQ, FTt A(T)M,, vas 76 'EXHlBIT A' COUNTY OF DUTCHESS DEPARTMENT OF PUBLIC WORKS PIN $755.44 THE ]OWN 01' WAPPINGER !REPUTED OWNER) CCD L. 1638 P, &TO ci S 78009'30" E STA. 11+928.450 16,04 tin 42.53 -1 ot(l 3%5 "_FT) N 76054'53" F cs PIZ) 00f 139,184 WOODS' t/1 4, N, CONC. 51,AB 8 C-1,R.eitrn i4 r;+ — 5TA, 11+952.911 0 iv(�l, N-. 304649.4075 E: 201055.2970 91".6 mW0 V,K 10"t 00 530b MAP NO. 35 PARCEL NO. 31 SHEET 2 OF 3 Town of NcppPorger COLntY Of OUICheSS Siote of New Wit REPUTED OWNERI TWE..i0N OF WAPPIN(AR NAA OLD HOPEWELL ROAD wepplogar Forts. NY 12590 STA. 11+969.270 122tm I9.91!rn(G5,3!FT) STA. 11+971.26, 4.41 t m e&') CfllV a e2,}V lbtw I �( r`r1 ,,, 08 UPRO"---- v EAIEA(r -Uvb SURVEY -7 8ASet, Nrr 63 NE iS TA. -6Zr, TA. 11+948.522 #qcq W, 4mn OODS Ce2UNlYDO '6tm (F0 7 R& V?41), ny '111AX-.C/1rI011 NO, DISTANCE CIRE—CTION Ll 21A5tmf1OA!'1 147713016"W L2 51.15!mQG7.8--') N78'13'29"W MAP NUMBER REVISED DATE DATE PREPARED wE 'wRimm w004 2YAt's 10d0fm,00b ajnOOxEl el. iosimadnS 6uiziioq1nV: V9-LI,0Z-S3N) qZN3 91,0Z BnV jug ;see dwal Liew31399 :Ju9wq3eJJV T- eo iv 'EXHIBIT A' cauNTY ROUTE 28 4OLD COUNTY OF DUTCHESS ,OHDPEWELL ROAD) COUNTY R / ROUTE 94 BALL DEPARTMENT OF PUBLIC WORKS MAP NO. 35 ANGELS HILL ROAD) PARCEL NO. 37 CAPACITY IMPROVEMENTS PIN RTSS.44 SHEET 3 OF 3 Mop of properly which the Commissioner of Public Works deems nocossary to be aMired In the name of the People of the County Of OUtChass In temporary easement acquislition, for purposes connected With the highway SySt8M Of the County of Dutchess, pursuant to Section 113 of the Highway tow and Eminent Domain Procedure Low, PARCEL NOTEMPORARY EASEMENT TO ElE EXERCISED FOR TPE PURPOSE, 0 A WORK AREA IN CONNECTION W114 THE REHABIWATION OF COUNTY ROUTE 20 TOLD HOPEWELL ROAGN TO GRADE THE SIDE SLOPES TO MEET THE ExisrINC GROUND, SEEDING TO FIE,ESrA8LISH A GRASS SURFACE, AND PLACEMENT OF TEMPORARY EROSION AND SEDIMENT CONTROL MEASURES FOR THE DURATION OF T1415 PROJECT; DESCRIBED AS FOLLOWS,t BEGINNING AT A POINT ON THE NORHiERLY BOUNDARY OF COUNTY ROUTE ZO TOLD HOPEWELL ROAD), AT THE INIERSECI[ON OF SAID BOUNDARY WITH THE DIVISION LINE BETWEEN TRIC PROPERTY OF KAORY M. ABOUCLUAKAREM AND DEBORAH A, ABOUELMAKkAEM MEPUTED OWNERS) ON THE WEST AND THE PROPERTY OF THE TOWN OF WAPPONCER IREPUIED OWNER) ON THE EAS% SAID POINT BEING ILITtm DISTANT NORTHERLY MEASURED AT R4CRT ANGLES FROM STATION 1I*629,031! OF THE HEREINAFTER DESCRIBED SURVEY BASELINE FOR THE COUNTY ROUTE 28 (OLD HOPEWELL ROAD) I COUNTY ROUTE 94 (ALL ANGELS HILL ROAD) CAPACITY flvtf`ROVEMENTSu THENCE NORTH 04" WEST ALONG SAID DIVIMON LINE 2.0G!aNG,8!FT.I, TO A POINT 12.041m DISTANT NORTHERLY MEASURED AT RIGA] ANGLES FROM STATION 11-828.161- OF SAID BASELINES [HENCE THROUGH THE PROPERTY Of THE TOWN Of wkPPINGER (REPUTED OWNER) THE FOLLOWING TWO CH COURSE$ AND DISTANCES:III SOUTH 18-09'-30" EAST IOO.3?!qH329,JtI`l`J TO A P0114T 16,04Cm DISTANT NORIHERLY MEASURED AT RIGHT ANGLES FROM STATION 11 +928.450"_ Of SAID BASELINE; 12) NORTH T6-54'-51' EAST 42,53!m,1139.5!FTJ 'CO A POINT ON THE WESTERLY BOUNDARY OF SPOOK HILL ROAD, THE LAST MENTIONED POINT BEING 3422:m D51 ANT NORIHEPLY MEASURED AT PICOT ANGLES FR04J STATION T1,969,210* OF SAID BASELINE: THENCE SOUTH 03-27'-39" WEST ALONG THE LAST MENTIONED WESTERLY BOUNDARY OF SPOOK HILL ROAD 19A1!m(65.3!FTJ TO ITS INTERSECTION WITH THE FIRST MENTIONED NORTHERLY BOUNDARY OF COUNTY ROUTE 28 TOLD HOPEWELL ROAD), THE LAST MrNTJONEG POINT BEING 14,41!m DISTANT NORTHERLY MEASURED AT NIGHT ANGLES FROM STATION 11-97I,264 Of SAID BASELINEl THENCE ALONG THE LAST MENTIONED NORTHERLY BOUNDARY OF COUNTY ROUTE 20 TOLD HOPEWELL ROAD) THE FOLLOWING FOUR 141 COURSES AND DISTANCES., ll) NORTH 71-38'16' WEST 2I.45!m1?O.4!FTJ TO A POINT 15.26!m DISTANT NORTHERLY MEASURED At PONT ANGLES FROM STATION 11'+948.522! OF SATO BASELINE: 0 NORTH 70-13'-29' WEST S1.I$tml15T.8!FT.I TO A POINT 13.16.1m DISTANT NOHIHLHLT MEASURED AT RIGHT ANGLES FROM STATION 11-097,4162 OF SAID BASELINES ID NORTH WEST 4LT9!NI43.l.'FTJ TO A POINT 11,30.-ol DISTANT NORTHERLY WrASURFO At RIGHT ANGLES FROM STATION 11 '853.66.1^ OF SAID BASELINE„; AND HIT NORTH 78* -28°-61" WEST 24.66!m1BO.9!FT.I TO THE POINT OF BFUNNINC, SAID PARCEL BEING 607,44! SQUARE METERS (6,538.40! SQUARE FEET) MORE OR LESS. RESERVING„ HOWEVER" TO THE OWNER OF ANY RIGHT. TITLE, 09 INTEREST IN AND TO THE PROPERTY ABOVE DELINEATED, AND SUCH OWNER'S SUCCESSORS OR ASSIGNS, THE RIGHT Of ACCESS AND THE RIGHT OF USING SAN) PROPERTY AND SUCH USE SHALL NOT BE FURTHER LIMITED OR RESTRICTED UNDER THIS EASEMENT BEYOND THAT WHICH IS NECESSARY To EFFECTUATE ITS PURPOSES FOR, AND ESTABLISHED Of, THE CONSTRUCTION OR RECONSTRUCTION AND AS SO CONSTRUCTED OR RECONSTRUCTED. THE MAINTENANCE, OF T14E HEREIN IDENTIFIED PROJECT, THE ABOVE MENTIONED SURVEY BASELINE IS A PORTION OF THE 2005 SURVEY BASELINE FOR THE RE-CONSTPUCTION OF COUNTY ROUTE 28 GILD HOPEWELL ROADI / COUNTY ROUTE 94 TALL ANGELS HILL ROAD) CAPACITY IMPROVEMENTS, AND 15 DESCRIBED AS FOLLOWS: BEGINNING AT STATION 114TOO463; THENCE SOUTH 75-52'-22" EAST TO STATION ll.952,971s SOUTH 80--47'- 32" EAST TO STATION 12-180.498. ALL BEARINGS REFERRED TO TRUE NOVI4 AT THE T41-30' MERIDIAN OF WEST LONGITUDE. I hereby certify that the property mappers above Is nocessurfpr r this project, and the acquisition "Groof Is recommended, Defies....- _2095 Nan H. S, knitht AIA. 4554 Commissioner of Public Works Recommended byS —2015 RObe,- tH Falk, , P.E. Deputy Commissioner Uncuthorizod Wtoration of a survey map bearing a licensed land surveyor's sacro is a vlolatQoo of the Now York State Education Low. 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'uoijusuadwoo JU*LU3Aoidu-u all$ Jo/pUL, S-I&ILUVP ODUBJOAOS PUU I-Clluonbosuoz) su Ilam su'(t,6 -U) PVO-d TH slOiW IIV 016 olno-H sfl,(8z,%dD) p,eo,d [pmodOH plojo uoijrjjpq-eq3,d st, p3gjjwpt pofoid oqj qjjmi uoijounfuw ui (S)ISO.13JUT UOTI!Sinbov juowosL,o kituodwal aqj of loodsw tpm llnj ui juaw,ud sic gOL'Z$ joigjjo posodoid oqj jdaoov (am,) I L9 #tDOlud tg # &W 0000-IL�SOt,-IO-LSZ9-689M :ja'3utdduAkjoumoj 069Zt AN 'silul sjo'i?ufddvM aAUG otOMN 8Z ,jatuiddujo umoL AX I* co W) Go mwwm�� MORRIS ASSOCIATES P ENGINEERING & SURVEYING CONSULTAwrs, PLLC VW T 9 Elks Lane, Poughkeepsie, New York 12601 TO:(845)4543411 Fax: (845)473-1962 rMOMMOMMMMMM 64 -,n eStmet, Suite 1, Hudson, NewYorl(12534 GI: (°4) 828- 8),2300 F'@x:(518)828-,3963 G r( JarlUary 17, 2017 Town of Wappinger teal =1111111!01 I Wappingers Falls, New York 12590 ATTIC: Lod Alava, Supervisor M United Wappinger Water District - Addendum Information Map, Plan and Report -for UWWD Extension to 'rail Trees Subdivision MA# W21215.20 Dear Supervisor Jia a, With respect to the December 20, 2016 Map, Plan and Report for the UVVVVD Extension to Tall Trees Subdivision, the threshold required for NYS Audit and Control approval of a Town Water District has increased from $902 for the year 2016 to $966 for the year 2017. The total annual costs for 'the district extension will rernain below the threshold required for NYS Audit and Control approval of a Town Water District. Should you have questions, or concerns, or require additional information, please do not hesitate -to contact me at (845) 454-3411 extension 30. Very truly our, MORRIS ASSOCIATES Engineering & Surveying Consultants, PLLC Robrt J. Gray, PE, Engineer to the'Town William Beale, DeputySupeneisCor Joe Paoloni, Town Clerk Al Roberts, Esq. MENTS\T WAPPINGER\A W2012\W21215 NYCDEP EXTENSION\TALL TREES EMERGENCY KrE RCC) N NEC-rION\M PR\M P R-ADDEN DUMLTR-0 I - 17-17. DOC 9.7.b DECEMBER 20, 2016 MA #`U21215.20 PREPARED BY: TABLE OF CONTENTS 1 SUMMARY........................................................................................................................1 1.1 Purpose of Report.............................................................................................................................1 1.2 District Parcels and the Benefit Formula......................................................................................1 1.3 Cost to Extend District....................................................................................................................1 2 INTRODUCTION............................................................................................................2 2.1 Background........................................................................................................................................2 3 DESCRIPTION OF SERVICE AREA AND PROPOSED IMPROVEMENTS ......................... 3 3.1 Boundary of District Extension & Parcels Benefitted.................................................................3 3.2 Transfer of Existing TTWIA Water Distribution System to UWWD......................................4 3.3 Proposed Improvements..................................................................................................................4 3.4 Water System Requirements for Proposed Extension Area.......................................................5 4 BENEFIT ASSESSMENT................................................................................................5 4.1 Benefit Assessment Formula...........................................................................................................5 5 COST EVALUATION......................................................................................................6 5.1 Construction Costs...........................................................................................................................6 5.2 Capital Buy -In Fees...........................................................................................................................6 5.3 Grants Received by Town...............................................................................................................7 5.4 Capital Cost Financing.....................................................................................................................7 5.5 O&M Costs........................................................................................................................................7 5.6 Costs for Typical User......................................................................................................................8 APPENDIX A- Town Resolution............................................................................................ A APPENDIX B - Legal Description and Parcel List................................................................. B APPENDIX C — Map of District Extension Area.................................................................... C APPENDIX D- UWWD Benefit Assessment Formula.......................................................... D APPENDIX E — Construction Cost Detail..............................................................................E APPENDIX F — Debt Service Calculations ...................................Error! Bookmark not defined. Back Pocket — United Wappinger Water District Map 9.7.b Packet Pg. 87 Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger December 20, 2016 1 SUMMARY 1.1 Purpose of Report 1.1.1 This report outlines the background, procedures and costs associated with the extension of the United Wappinger Water District (UWWD) to provide water service to the Tall Trees Subdivision. (the "District Extension") This Map, Plan and Report is prepared in accordance with the provisions of Town Law §209-c for extending the UWWD to serve the Tall Trees Subdivision pursuant to Article 12-A of the Town Law. 1.2 District Parcels and the Benefit Formula 1.2.1 There are 87 separate parcels in the District Extension. There are 82 parcels with single family residences, two parcels are vacant, one parcel contains the existing well field and there are two recreation parcels that have been dedicated to the Town of Wappinger. There are a total of 83.6 benefit units assigned collectively to the 87 parcels in the District Extension. 1.3 Cost to Extend District 1.3.1 The proposed improvements for the District Extension include the permanent connection to the existing UWWD water main, sealing of TTWIA wells, permanent disconnection of the existing TTWIA water treatment and storage facilities, removal of existing water treatment and storage equipment and the installation of individual flow meters in the properties serviced. The total estimated capital costs for the proposed improvements, including contingencies, professional fees and administrative costs will be approximately $352,600. 1.3.2 In addition, to the capital costs, customers in the District Extension are obliged to pay buy in fees for existing capital improvements in UWWD that will be used by the District Extension. The buy in fees for the 84 parcels in the District Extension that are not owned by the Town is $268,800. 1.3.3 The Town of Wappinger has received two grants totaling $375,000 for construction of the project. Dutchess County awarded the Town of Wappinger a Municipal Consolidation and Shared Services Grant of $225,000 to connect Tall Trees to the UWWD. New York State awarded the Town of Wappinger a State and Municipal Facilities (SAM) Grant of $150,000 for the project. The grants would cover all the construction costs of $352,600 and a portion of the buy in fees. Capital Cost Estimate for Tall Trees District Extension Item Cost Construction and Planning Costs $ 352,600 UWWD Buy in Costs $ 268,800 Total Estimated Capital Costs Including Buy -In: $ 621,400 LESS Total Grants Received: $ (375,000) 1 9.7.b Packet Pg. 88 Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger Net Capital Costs after Grant: $ 246,400 December 20, 2016 1.3.4 Current O&M charges for the T'IWIA are $490.60 per annum and there are currently no capital costs for the T'IWIA, however, there is an immediate need for this capital improvement. For a typical, single-family residential home with an estimated consumption of 250 gallons per day, the annual O&M charge from UWWD would be approximately $291.19 which is approximately $200 less than the current TTWIA O&M charges. 1.3.5 Once the District Extension is established, users will be obligated to pay the UWWD capital charges as well as the capital charges of the District Extension as well as charges for water used as set by the UWWD. The estimated annual cost for a typical user in the District Extension are discussed in Section 5 and are shown below: Annual Cost for Typical Tall Trees User with Grants (1 Family Dwelling 1 B.U.) Annual Capital Costs UWWD Capital Assessment $151.44 Tall Trees District Extension Capital Assessment $150.37 Estimated Annual Capital Cost per B.U. $301.81 PLUS Annual UWWD O&M Cost for Typical User (250 gal/day): $291.19 Total Annual Cost for Typical Tall Trees User (with grants): $593.00 1.3.6 In a worst-case scenario if the grants are not received, the Town would issue 30 -year serial bonds to finance the cost of construction and the buy in fees. Assuming an interest rate of 3.0%, the annual debt service for $621,400 of indebtedness would be $31,703 per annum or $379.23 per benefit unit. If grants were not available, the annual cost for the typical user would increase to $821.86. 2 INTRODUCTION 2.1 Background 2.1.1 In the early 1960's the Tall Trees Subdivision was approved with water for the homes supplied by Harry Raker, Inc., a private waterworks corporation organized under Article 4 of the Transportation Corporation Law. In November of 1972, residents of the Tall Trees Subdivision requested that the Town of Wappinger acquire the water system owned by Harry Raker, Inc. On February 8, 1973, the Town Engineer issued a Map, Plan and Report regarding the acquisition of the water system. The Map, Plan & Report listed the cost of acquiring the system at $55,000, the cost of meters was $4,000 and new pumps were estimated to cost $3,000. The Map, Plan and Report estimated that all the costs of acquiring the district would be $80,000. 2.1.2 The Town of Wappinger Town Board adopted a resolution creating the TWIA on March 12, 1973. On September 9, 1974, Town Board adopted a resolution authorizing the issuance of $80,000 in Serial Bonds to pay the costs of acquiring the district and making certain repairs. 2 9.7.b Packet Pg. 89 Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger December 20, 2016 Harry Raker, Inc. conveyed the water system to the Town of Wappinger by deed dated February 6, 1975. All the bonds for the TWWIA have been satisfied and there are no remaining bond obligations. 2.1.3 In the late 1980s, the wells servicing the system struggled to provide the daily demands of the residents of TTWIA. The water quantity issues have remained for several decades and were exacerbated during the summer and in drought conditions. At times water had to be trucked in to supplement the water supply. 2.1.4 In 2012, an extension of the United Wappinger Water District (UWWD) was approved to provide service to the NYC DEP Shaft 6 site located on River Road. This extension included the installation of a water main along Wheeler Hill Road adjacent to the TWWIA. In the summer of 2016, the TWWIA wells failed and an emergency above grade interconnection was made between the UWWD main and TWWIA to temporarily provide water from UWWD. Since the TWWIA water supply is not sufficient, a permanent connection to the UWWD is the most economical way to provide water to the TWWIA system. 2.1.5 A Resolution was subsequently adopted by the Town of Wappinger in October 2016 (RES - 2016 -264) which authorized construction of a permanent underground interconnection between the water systems and for the completion of the Map, Plan and Report in contemplation of a formal extension of the UWWD to permanently serve Tall Trees with water. A copy of this Resolution in included in Appendix A of this report. 2.1.6 While TTWIA was formed as an Improvement Area pursuant to Article 12-C of the Town Law, the Town has treated it as if it was a Special Improvement District created pursuant to Article 12-A of the Town Law. 2.1.7 All costs associated with the extension of UWWD to provide water to Tall Trees residents will be paid by the residents of Tall Trees. 3 DESCRIPTION OF SERVICE AREAAND PROPOSED IMPROVEMENTS 3.1 Boundary of District Extension & Parcels Benefitted 3.1.1 The boundaries of the District Extension are coterminous with the boundaries of the TTWIA. A total of eighty-seven (87) parcels are included in the Existing District: eight -two (82) single family residences, two (2) vacant parcels, two (2) recreation parcels owned by the Town of Wappinger and one (1) parcel owned by the Town upon which the TTWIA wells and pump house are located. 3.1.2 A legal description and list of parcels for the proposed extension area have been included in Appendix B of this report. Included in Appendix C of this report is a service area map for the proposed extension. The service area is also indicated on the overall Town Water District Map included in the back pocket of this report. 3 9.7.b Packet Pg. 90 Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger December 20, 2016 3.2 Transfer of Existing TTWIA Water Distribution System to UWWD 3.2.1 The real property and easements transferred to the Town of Wappinger upon creation of the TTWIA which are described in the deed from Harry Raker, Inc. to the Town of Wappinger dated February 6, 1975. will be transferred to the District Extension. 3.2.2 All existing water mains, hydrants, valves, equipment and appurtenances owned by the TTWIA will be transferred to and become the property of UWWD upon formation of the District Extension. Ownership of the water services located on private property that connect the customers to the water main will with the private property owner. 3.2.3 As part of the second phase of the improvements, the TTWIA wells will be sealed and the water treatment equipment in the pump house will be removed. When the water system improvements are removed from this parcel it may be possible to declare the property as surplus and sell it for the benefit of the District Extension. 3.3 Proposed Improvements 3.3.1 As indicated above, the TTWIA wells failed over this past summer and an emergency above- ground interconnection was made between TTWIA and the UWWD. The Dutchess County Department of Health directed the Town to provide a permanent interconnection between UWWD and TTWIA. The first phase of the permanent interconnection consists of the installation of an 8" water main connection between the systems with a pressure reducing valve vault included to reduce the water pressure delivered from UWWD to the system pressure within the existing Tall Trees distribution system. A hydrant and two valves are also part of the interconnection. The design for the interconnection has already been approved by the Dutchess County Department of Health. On November 14, 2016, the Town Board accepted a low bid of $134,000 for the first phase of the interconnection and contracts are being prepared. This first phase of work will be undertaken as soon as possible so that the existing aboveground temporary connection can be replaced before the freezing weather sets in. Before work will commence, the Town has to review that the conditions of the grants are complied with. 3.3.2 In order to provide a permanent interconnection between the systems associated with the proposed District Extension, the Dutchess County Department of Health has ordered the disconnection and sealing of the two existing TTWIA wells. The existing TTWIA water treatment equipment will be removed from the wellhead property. There is an easement over the Town recreation parcels to permit the location of a water storage tank and the water mains. The tank is over fifty (50) years old which is past its useful life. The storage tank will be disconnected and decommissioned, either by removal or some other method. The cost of disconnecting the well and storage tank, sealing the wells and removing the water treatment equipment is estimated to cost $50,000. The cost of removing the storage tank is estimated at $30,000. 3.3.3 Eighty-two individual water meters will be installed in the properties connected to the water system. The meters are of the standard type used by the UWWD and the installation is estimated to cost $500 each or $41,000 for eighty-two (82) of them. 4 9.7.b Packet Pg. 91 Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger December 20, 2016 3.4 Water System Requirements for Proposed Extension Area 3.4.1 The current estimated average day demand for the Tall Trees Water Improvement Area is approximately 20,000 gallons per day (GPD). 3.4.2 The current estimated demands for the UWWD are as follows: From AWQR Average Day Demand Max Day Demand Ratio Max/Ave 2014 Demands 0.964 MGD 1.6 MGD 1.66 2015 Demands 0.907 MGD 1.8 MGD 1.98 2 Year Average: 0.936 MGD 1.7 MGD 1.82 3.4.3 Using a projected 16% increase in future demands as developed from previous engineering studies, the estimated future average day demand would be 1.086 MGD and the estimated future maximum day demand for the UWWD would be 1.972 MGD. The additional demands from other pending water system extensions and Tall Trees are as follows using the 1.82 ratio of average to maximum day demand: Development Average Day Demand Max Day Demand Chelsea Hamlet 0.053 MGD 0.096 MGD Hilltop Village 0.063 MGD 0.114 MGD The Ridges 0.003 MGD 0.005 MGD Tall Trees 0.020 MGD 0.036 MGD Totals: 0.139 MGD 0.251 MGD 3.4.4 The estimated future average day demands with pending extensions and Tall Trees would be approximately 1.225 MGD and estimated future maximum day demands with pending extensions and Tall Trees would be approximately 2.223 MGD. 3.4.5 The safe yield source capacity of the UWWD was listed in the previous report as 2.40 MGD, which was based upon the safe yield of the Atlas well field of 1500 GPM and the drought safe yield of 350 GPM at Hilltop, which is a conservative estimate of total yield. The combined value is approximately 1850 GPM, with a 10% reserve reducing this value to 1665 GPM or 2.40 MGD. Based upon this analysis, there is an existing maximum day excess capacity of (2.40-2.22) approximately 0.18 MGD, which would equate to an estimated average day excess capacity of approximately 0.10 MGD or 100,000 GPD. 3.4.6 Based upon the above analysis, the existing capacity of the UWWD is sufficient to supply the demand of the proposed District Extension. 4 BENEFIT ASSESSMENT 4.1 Benefit Assessment Formula 4.1.1 All parcels within the proposed District Extension are obligated to pay the costs of the District Extension as well as the capital charges for the UWWD as well as the applicable rate for water provided. The current benefit unit formula for the UWWD is included in 5 9.7.b Packet Pg. 92 Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger December 20, 2016 Appendix D. Based upon the UWWD benefit formula, there are a total of 83.6 benefit units in the proposed District Extension, consisting of eighty-two (82) benefits unit for the eighty- two (82) single family residences and 1.6 benefit units for the two (2) vacant parcels. The three (3) existing Town parcels used for water supply and storage will be assessed 0 benefit units. 5 COST EVALUATION 5.1 Construction Costs 5.1.1 The proposed improvements for the District Extension include the permanent connection to the existing UWWD water main located in Wheeler Hill Road, sealing of TTWIA wells, permanent disconnection of the existing T WIA water treatment and storage facilities, removal of existing water treatment equipment and the installation of individual flow meters in the properties serviced. The total estimated costs for the proposed improvements, including contingencies, professional fees and administrative costs will be approximately $352,600 as shown below: Capital Cost Estimate for Tall Trees District Extension 5.2 Capital Buy -In Fees 5.2.1 Pursuant to Town Code § 236-6, each parcel joining the District Extension is obligated to pay a buy in fee associated with the connection to the UWWD. The buy -in fee is a proportion of the cost of the capital infrastructure of the parent UWWD District as permitted pursuant to Town Law § 202(5). The buy -in fee for an individual lot zoned for single family use is $3,200. The buy in fee for eight -four (84) parcels is $268,800. 5.2.2 In addition, to the capital costs, customers in the District Extension are obliged to pay buy in fees for existing capital improvements in UWWD that will be used by the District Extension. The buy in fees for the 84 parcels in the District Extension that are not owned by the Town is $268,800. The total of capital costs and buy in fees is $621,400. 6 9.7.b Packet Pg. 93 Unit Construction Item Cost Qty Total Cost Tall Trees Emergency Interconnection Contract $134,000 1 $ 134,000 Individual Meter Installation $500 82 $ 41,000 Seal TTWIA Wells, Remove Water Treatment Equipment $50,000 1 $ 50,000 TTWIA Storage Tank Removal $30,000 1 $ 30,000 10% Contingency for Uncontracted Work $ 12,100 Total Estimated Construction Costs: $ 267,100 Legal, Administration & Engineering $ 70,500 Map, Plan and Report $ 15,000 Total of Construction and Planning Costs: $ 352,600 5.2 Capital Buy -In Fees 5.2.1 Pursuant to Town Code § 236-6, each parcel joining the District Extension is obligated to pay a buy in fee associated with the connection to the UWWD. The buy -in fee is a proportion of the cost of the capital infrastructure of the parent UWWD District as permitted pursuant to Town Law § 202(5). The buy -in fee for an individual lot zoned for single family use is $3,200. The buy in fee for eight -four (84) parcels is $268,800. 5.2.2 In addition, to the capital costs, customers in the District Extension are obliged to pay buy in fees for existing capital improvements in UWWD that will be used by the District Extension. The buy in fees for the 84 parcels in the District Extension that are not owned by the Town is $268,800. The total of capital costs and buy in fees is $621,400. 6 9.7.b Packet Pg. 93 Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger December 20, 2016 5.3 Grants Received by Town 5.3.1 The Town of Wappinger has received two grants totaling $375,000 for construction of the project. Dutchess County awarded the Town of Wappinger a Municipal Consolidation and Shared Services Grant of $225,000 to connect Tall Trees to the UWWD. New York State awarded the Town of Wappinger a State and Municipal Facilities (SAM) Grant of $150,000 for the project. Capital Cost Estimate for Tall Trees District Extension Construction Item Unit Cost Qyt Construction and Design Costs UWWD Buy in Costs $3,200 84 Total Estimated Capital Costs Including Buy -In: LESS: Municipal Consolidation and Shared Services Grant State and Municipal Facilities (SAM) Grant Total Grants Received: Net Capital Costs after Grant: 5.4 Capital Cost Financing Total Cost $ 352,600 $ 268,800 $ 621,400 $ (225,000) $ (150,000) $ (375,000) $ 246,400 5.4.1 In a worst-case scenario if the grants are not received, the Town would issue 30 -year serial bonds with level debt service to finance the capital cost of $621,400 for the District Extension. Assuming an interest rate of 3.0%, the annual debt service for $621,400 of indebtedness would be $31,703 per annum or $379.23 per benefit unit. 5.4.2 Assuming that the grant money will be received and applied, the grants would cover all the construction costs of $352,600 and a portion of the buy in fees. Serial Bonds could be issued for the remaining buy in fees of $246,400 or some other method of financing could be established. Assuming an interest rate of 3.0% and a bond term of 30 years, the annual debt service for $246,400 of indebtedness would be $12,571 per annum or $150.37 per benefit unit. 5.4.3 Upon approval of the District Extension, the parcels will be obligated to pay the capital assessments for the UWWD in addition to the capital assessment for the District Extension. For fiscal year 2017, the Town has proposed an annual capital charge of $151.44 per benefit unit for the UV/WD. 5.5 O&M Costs 5.5.1 Users in the District Extension will be charged the current UWWD rates for water consumption. These rates consist of a quarterly flat rate of $66.20 per quarter. This flat fee covers the first 18,700 gallons per quarter used. An additional $1.20 per 748 gallons used is added to any parcel that exceeds 18,700 gallons. For a typical, single family residence with an estimated consumption of 250 gallons per day, this would equate to an annual O&M cost of $291.19. II 9.7.b Packet Pg. 94 9.7.b Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger December 20, 2016 5.5.2 The 2016 Adopted Operation and Maintenance (O&M) Budget for Tall Trees Water Improvement Area was $39,738.00. Currently each parcel is billed at a flat rate of $122.65 per quarter. This would equate to an existing annual O&M cost of approximately $490.60. The annual O&M cost for a user in the District Extension will decrease by $199.41. 5.6 Costs for Typical User 5.6.1 The typical user in the District Extension is a single-family residence which is assessed one benefit unit. The total costs for the District Extension will be the sum of the UWWD Capital Assessment, Tall Trees District Extension Capital Assessment and the annual O &M. The annual costs with and without grants are shown below. Annual Cost for Typical Tall Trees User with Grants (1 Family Dwelling with 1 B.U.) Annual Capital Costs UWWD Capital Assessment $151.44 Tall Trees District Extension Capital Assessment $150.37 Estimated Annual Capital Cost per B.U. $301.81 Plus Annual UWWD O&M Cost for Typical User (250 gal/day): $291.19 Total Annual Cost for Typical Tall Trees User (with grants): $593.00 Annual Cost for Typical Tall Trees User without Grants (1 Family Dwelling with 1 B.U.) Annual Capital Costs UWWD Capital Assessment $151.44 Tall Trees District Extension Capital Assessment $379.23 Estimated Annual Capital Cost per B.U. $530.67 Plus Annual UWWD O&M Cost for Typical User (250 gal/day): $291.19 Total Annual Cost for Typical Tall Trees User (without grants): $821.86 5.6.2 The total annual cost of $593.00 for the District Extension is $102.40 above the current annual costs of $490.60 for TTWIA. This value is below the 2016 threshold of $902 required for NYS Audit and Control approval of a Town Water District. 5.6.3 By way of comparison, the annual cost for a UWWD user assigned one benefit unit with a typical usage outside of the District Extension is $442.63. 5.6.4 The total costs shown above are for the average daily water demand. Water usage less than average will result in lower payments and water usage more than average will result in higher payments. It should be noted that O&M costs only apply to parcels that are connected to the water system, while capital charges will apply regardless of whether or not a parcel is connected to the water system. Packet Pg. 95 Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger December 20, 2016 APPENDIX A- Town Resolution 9.7.b Packet Pg. 96 12/20/2016 RES -2016-264 Resolution Authorizing Professional Services In Connection With An Extension Of The United Wappinger Water District (UW 9 7 b Town of Wappinger New York Op e Resolution 0 RES -2016-264 Resolution Authorizing Professional Services In Connection With An Extension Of The United Wappinger Water District (UWWD) To The Tall Trees Subdivision 1Ire -fo Irina a It 11 o in Department: Town Clerk Sponsors: Category: Special Districts Functions: None Attachments i.0. -1.:i -1.6 IMorris Il...etteir l Cd WHEREAS, the Tall Trees Subdivision, located off of Wheeler Hill Road in the Town of Wappinger is provided water through the Tall Trees Water Improvement Area; and WHEREAS, the wells servicing the Tall Trees Water Improvement Area have been unable to provide sufficient quantity of water to supply the needs of the inhabitants of the Tall Trees Subdivision; and WHEREAS, the Town, through the United Wappinger Water District (UWWD), constructed a water main along Old Hopewell Road, through New Hamburg Road, through Wheeler Hill Road, through Carnwath Farms and eventually to River Road, to supply the New York City DEP Chelsea site, as well as the inhabitants of Chelsea with water; and WHEREAS, the Town had received permission to construct an emergency interconnection between the water facility at the Tall Trees Water Improvement Area and the water main constructed along Wheeler Hill Road; and WHEREAS, the emergency interconnection was constructed above -ground and the Dutchess County Health Department has directed the Town to construct a permanent underground interconnection from the water main on Wheeler Hill Road and the Tall Trees water facilities on an emergency basis; and WHEREAS, the Town Board has determined it is in the best interest of the residents of the Tall Trees Subdivision to make a permanent underground interconnection between the Tall Trees Water Improvement Area facilities and the UWWD waterline along Wheeler Hill Road on an expedited basis, in contemplation of a formal extension of UWWD to serve the residents of the Tall Trees Subdivision. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board has determined that the above -ground interim water connection between the Tall Trees Water Improvement Area and the UWWD water main is in danger of freezing as winter months' approach, and declares that an emergency exists for the purposes of installing a permanent underground water connection as authorized by the Dutchess County Health Department. 3. The Town Board further authorizes the Engineer to the Town, the Attorney to the Town, and the Town's Bond Counsel, to undertake all necessary work needed to construct an underground emergency permanent water connection from the UWWD waterline on Wheeler Hill Road to the Tall Trees Water Improvement Area facilities as approved by the Dutchess County Health Department and in accordance with the Dutchess County Health Department's rules and regulations and the rules and regulations of the New York State Department of Environmental Conservation. http://wappingertownny.igm2.com/Citizens/Detail_LegiFile.aspx?ID=4640&highlightTerms=tall%20trees&Print=Yes Packet Pg. 97 12/20/2016 RES -2016-264 Resolution Authorizing Professional Services In Connection With An Extension Of The United Wappinger Water District (UW g 7 b 4. 1 he lown hoard authorizes the construction of this underground waterline to done on an emergency and expedited basis and that the funds necessary therefore shall be paid from the fund balance presently existing in UWWD, with the intention that the same shall be reimbursed to _ UWWD at such time as Town Serial Bonds are issued to pay for the costs of the formal extension of UWWD to the Tall Trees Subdivision. D 5. The Town Board, because of the emergency situation, suspends the Town's Procurement Policy and the provisions of General Municipal Law § 103.4 for the construction work necessary to complete the permanent underground interconnection and directs the Engineer to the Town to solicit at least three bids from qualified contractors to undertake the construction work Uj required for the underground emergency interconnection upon plans prepared by the Engineer to the Town and approved by the Dutchess County Health Department. 6. The Town Board directs the Engineer to the Town to prepare a Map, Plan and Report in contemplation of an extension of UWWD to the Tall Trees Subdivision. 7. The Town Board further directs that the Town's Bond Counsel, Douglas Goodfriend of Orrick, prepare the necessary Resolutions indicating the Town's intent to Bond the funds necessary to pay for the construction costs of the emergency interconnection to Tall Trees Water Improvement facilities, indicating the Town's intent to reimburse the costs back to UWWD for any borrowings from the UWWD fund balance. 8. The Town Board also directs that a public informational meeting be scheduled for the residents of the Tall Trees Subdivision to apprise them of the steps being taken to connect them tc UWWD. The Town Supervisor is further authorized and directed to execute any documents, contracts or other U. instruments necessary to implement the provisions of this Resolution. Meeting IHii ory Oct ,11, 2016 730 IIPIM Video Town Regular Meeting Board RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Lori A. Jiava, William H. Beale, William Ciccarelli, John J. Fenton, Michael Kuzmicz Public Discussion ,,) Add Coirnirneirnt Powered by Accela - Legislative Management r http://Wappingertownny.igm2.com/Citizens/Detail_LegiFile.aspx?ID=4640&highlightTerms=tall%20trees&Print=Yes Packet Pg. 98 Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger December 20, 2016 APPENDIX B - Legal Description and Parcel List 9.7.b Packet Pg. 99 9.7.b SCHEDULE"A" ALLthat certain tract orparcel ofland situate inthe Town ofWappinger, Countyof Dutchess andState ofNewYork, more particularly bounded anddescribed asfollows: BEGINNING ata point on the southerly line ofWheeler Hill Road, said point also being the northwesterly corner ofthelands nowor formerly of Town of Wappinger, said point also being the northwest corner of a map entitled," Property realignment between Dr. Mahoud Kablaoui and the Town of Wappinger" said map filed in the Dutchess County Clerk's Office on August 19, 2003 as Map No. 3354A , thence in an easterly direction along the southerly line of Wheeler Hill Road, along the above referenced map and Amherst Lane, lots 36-40, Bowdoin Lane and lot 2, all as shown on a map entitled," Section One Subdivision Map of Tall Trees," filed in the Dutchess County Clerk's Office as Map No. 3250 on Oct. 30, 1964, the following bearings anddistances: North 43° 02'0(Y' East 433.00feet, North 42'2 1'00" East 347.97 feet, and North 43° 41'50"East 355.00 feet to a point, said point being the northeast corner of the lot 1 as shown on a Map No. 3250, thence turning and leaving the southerly side of Wheeler Hill Road and running, easterly along the division line between lots 1-15 inclusive as shown on Map No. 3250 and lands of Church of the Sacred Mirrors, the following bearings and distances: South 44°02'50" East 460.85 feet, South 44 °34'00" East 603.46 feet, South 42°41'40" East 53.55 feet, and South 44°17'20" East 478.00 feet to a point that is the northeast corner of lot 64, as shown on a certain map entitled," Map of Tall Trees Sect 2"; Said map filed in the Dutchess County Clerk's Office as Map No. 3354 on Oct. 11, 1965; thence continuing easterly along the division line of said map and the lands of Church of Sacred Mirrors, and partially along lands of Obercreek, the following bearings and distances: South 44°17'20" East 212.99 feet, South 42°31'20" East 120.34 feet, and South 45°59'20" East 141.04 feet, to a pointthat is the northeasterly corner of lot 63; thence turning and running Southerly along the Easterly boundary of said subdivision along lots 59-63 inclusive and the recreation area lots, the following bearing and distance: South 41°02'20" West 1212.86 feet Packet Pg. 100 9.7.b toa point, saidpoint being the corner ofsaid filed; thence turning and running westerly along the southerly boundary of said map and lots 45-58 inclusive, also being the division line between said map and lands now or formerly of CH G & E, Conn, Dohrenwend and Wayne,the following bearings and distances: North 34°23'30" West433.78 feet, North44°09'50" West750.14feet, North44°25'40"West492.33 feet, and North 44°23'10: West 445.99 feet to a point, said point being the point orplace of beginning. Packet Pg. 101 9.7.b Tall Trees Water District Parcel List Status print prop_class owner owner last_ name total_av _key 6057-02-688546-0000 822 -first -name -last - Town of Wappinger $ 376,500 W 6057-02-700531-0000 210 Robert Kunkel $ 275,000 W 6057-02-700568-0000 210 Danny Leone $ 245,800 W 6057-02-705522-0000 210 Patrick Chadwick $ 214,500 W 6057-02-707575-0000 210 Leona Mininni $ 202,400 W 6057-02-710514-0000 210 John Holmes $ 229,600 W 6057-02-711557-0000 210 Michael Murphy $ 195,800 W 6057-02-714583-0000 210 Peter laccarino $ 219,700 W 6057-02-715505-0000 210 Andrew Bessinger $ 264,700 W 6057-02-719564-0000 210 Richard Garcia $ 232,400 W 6057-02-722533-0000 210 Charles Kimble $ 235,600 W 6057-02-722591-0000 210 William Bedford $ 205,000 W 6057-02-726571-0000 210 John King $ 208,600 W 6057-02-729599-0000 210 Franklin Mc Kinney $ 206,600 W 6057-02-730524-0000 210 Caroline Velazquez $ 236,700 W 6057-02-730540-0000 210 Louis Pappas $ 231,600 W 6057-02-734579-0000 210 Bohdan Darnobid $ 223,700 W 6057-02-736516-0000 210 Gerald Di Pierno $ 230,300 W 6057-02-737547-0000 210 John Cassellius $ 241,300 W 6057-02-739612-0000 210 Thomas Nicoletti $ 218,300 W 6057-02-741587-0000 210 Daniel Lazenka $ 253,300 W 6057-02-744554-0000 210 William H Ma $ 240,700 W 6057-02-746502-0000 210 George Tsoukaris $ 262,600 W 6057-02-746619-0000 380 C H G& E Corp $ 41,000 W 6057-02-747532-0000 210 Thomas Lake $ 273,400 W 6057-02-752570-0000 210 Igor Jilinski $ 192,000 W 6057-02-752604-0000 210 Adam Carlson $ 208,000 W 6057-02-756511-0000 210 Katherine Gallagher $ 246,500 W 6057-02-757540-0000 210 Claudia Castro $ 259,400 W 6057-02-759563-0000 210 Armando Correa $ 215,200 W 6057-02-760597-0000 210 Gina Nadeau $ 230,200 W 6057-02-766555-0000 210 Arthur Platt $ 243,500 W 6057-02-766589-0000 210 Shannon Alpert $ 233,800 W 6057-02-770512-0000 210 Richard Casmir Jansen $ 235,100 W 6057-02-771526-0000 210 Frank Baker $ 256,600 W 6057-02-772582-0000 210 Martin Novick $ 333,500 W 6057-02-773548-0000 210 Michael Coviello $ 212,700 W 6057-02-780542-0000 210 Alice Weston $ 211,000 W 6057-02-781575-0000 210 Alexander Ciesluk $ 243,800 W 6057-02-786533-0000 210 Christopher Berger $ 217,000 W 6057-02-788568-0000 210 Carmine Mirtuono $ 226,000 W 6057-02-789504-0000 210 Ronald Hill $ 210,100 W 6057-02-792527-0000 210 Geoff Ringler $ 225,700 W 6057-02-794561-0000 210 Tuan Aniff $ 250,000 W 6057-02-800506-0000 210 Bruce Hamilton $ 209,600 W 6057-02-800520-0000 210 George Roche $ 220,800 W 6057-02-801553-0000 210 Michael Riley $ 223,000 W 6057-02-808546-0000 210 Alfred Hart $ 218,100 W 6057-02-810513-0000 210 Kevin Buckiewicz $ 193,100 W 6057-02-814539-0000 210 Carlo Cantarella $ 253,100 W 6057-02-822532-0000 210 Thomas Shields $ 209,200 W 6057-02-832523-0000 210 Thomas Ernst Hayden $ 215,300 W 6057-02-838510-0000 210 Frank Ferreira $ 209,900 W 6057-04-722499-0000 210 Ian Knapp $ 243,000 W 6057-04-729492-0000 210 Eduardo Faustino Mendoza $ 257,500 W 6057-04-737484-0000 210 Janina Rogan $ 231,300 W 6057-04-744477-0000 210 Donald Thew $ 193,000 W 6057-04-752470-0000 210 Richard Lowry $ 213,000 acres Benefit Units 1.96 0.65 0.44 0.49 0.44 0.39 0.45 0.44 0.37 0.45 0.45 0.44 0.44 0.43 0.46 0.46 0.41 0.53 0.45 0.41 0.42 0.46 0.48 0.41 0.52 0.49 0.45 0.53 0.55 0.46 0.45 0.46 0.45 0.5 0.54 0.45 0.46 0.46 0.45 0.5 0.45 0.6 0.47 0.45 0.45 0.5 0.46 0.45 0.44 0.45 0.52 0.66 1.1 0.35 0.37 0.37 0.4 0.42 1 1 1 1 1 1 1 1 1 1 0.8 Tall Trees Parcel List revised nov2916 12/20/2016 Packet Pg. 102 Tall Trees Water District Parcel List 9.7.b W 6057-04-759463-0000 210 Joseph Giuseppe Reale $ 299,800 0.45 1 W 6057-04-759489-0000 210 Denis Mitchell $ 214,400 0.53 1 W 6057-04-766457-0000 210 Alfred Marasco $ 244,900 0.48 1 W 6057-04-767497-0000 210 Richard Miller $ 217,300 0.54 1 W 6057-04-774450-0000 210 Michael Caruso $ 216,400 0.47 1 W 6057-04-778500-0000 210 Brian Gelb $ 236,000 0.45 1 W 6057-04-779479-0000 210 Karen Laub $ 212,500 0.64 1 W 6057-04-785445-0000 210 Andrea Drusik $ 197,800 0.38 1 W 6057-04-786421-0000 210 Dean Di Pietro $ 235,000 0.86 1 W 6057-04-786470-0000 311 Steven Laub $ 64,900 0.4 0.8 W 6057-04-795481-0000 210 Heather Hallenback $ 200,000 0.41 1 W 6057-04-797465-0000 210 Michael Earp $ 215,500 0.52 1 W 6057-04-802456-0000 210 Stephen Maurer $ 275,500 0.44 1 W 6057-04-808482-0000 210 Lisa DiMarzo $ 209,800 0.57 1 W 6057-04-810450-0000 210 Eric Bentsen $ 193,100 0.35 1 6057-04-815420-0000 311 Town of Wa pp� 9 in er $ 86,000 1.1 0 6057-04-802420-0000 311 Town of Wappinger $ 124,800 1.6 0 W 6057-04-817460-0000 210 Eleanor Dubetsky $ 230,800 0.52 1 W 6057-04-818489-0000 210 James Lynch $ 205,100 0.59 1 W 6057-04-824467-0000 210 Brian Mardorf $ 252,200 0.51 1 W 6057-04-825428-0000 210 Jennifer Colon $ 227,300 0.73 1 W 6057-04-828497-0000 210 Armando Nava $ 241,100 0.64 1 W 6057-04-832473-0000 210 Sharon Bodolosky $ 242,600 0.51 1 W 6057-04-835438-0000 210 Michael Credo $ 240,300 0.79 1 W 6057-04-840480-0000 210 Douglas Jenks $ 216,300 0.55 1 W 6057-04-845448-0000 210 Christina Conners $ 303,600 0.74 1 W 6057-04-848493-0000 210 Lynn Wilkinson $ 223,400 0.84 1 W 6057-04-857461-0000 210 Kevin Seaman $ 237,000 1.09 1 W 6057-04-868483-0000 210 Church of Sacred Mirrors $ 186,200 1.78 1 87 Total Parcels 84 =TOTAL RESIDENTIAL/VACANT PARCELS 3 = TOTAL TOWN WATER PARCELS Tall Trees Parcel List revised nov2916 Totals: $ 19,554,700 48.4 83.6 12/20/2016 Packet Pg. 103 Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger December 20, 2016 APPENDIX C — Map of District Extension Area 9.7.b Packet Pg. 104 WA TER SUPPL Y PARCEL F1//IV Q TOWN RECREA TION PARCELS 50, 000 GAL STORAGE TANK NOTE. EXISTING FA CIL ITYL OCA TIONS ARE BASED UPON FILED MAP NO. 3250, 3354, AND 3354A. 9.7.b Packet Pg. 105 1 REVISED BOUNDARY 11/30/2016 RAM LEGEND /w—Ph—`N-.p(8-1s)N ASSOCIATES, NGINEERING & SURVEYING CONSULTANTS. PLLC ro,t 1— uaaa�� NolsV ea—o �:No.leas V3-1962 N. (518) 8283963TOWN REV No. DESCRIPTION DATE BY TO g., �* TALL TREESMORRIS WATER D/STRICT MUN/CIPAL WELL STORAGE TANK WATER MAIN/FIRE HYDRANTRAM WAppINGER WATER DISTRICT OF WAPPINGER DUTCHESS COUNTY, NY TALL TREES DISTRICT MAP DWG 1-1 DATE 10/27/16 SCALE 1 1"=300' ar. JFL FILE No. W21215.200 ICHEC—Be RG Packet Pg. 105 Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger December 20, 2016 APPENDIX D- UWWD Benefit Assessment Formula 9.7.b Packet Pg. 106 N Alternate financing is expected through the New York State Water Pollution control revolving fund (SRF). The Town has been advised, through its Engineers, that it qualifies for funding through this program and has been included on the Long Range Intended Use Plan (1 P), as prepared by the New York State Department of Health, which administers the RF for this type of project. The Town's Engineers have been advised that the Town is eligible for a 331/3% interest . subsidy for any loans made pursuant to this program. A copy of a letter dated October 10, 2000 from Paggi, Martin & DelBene (Charles DelBene) to the Town Board confirming that the Town is eligible for this funding, with an attached copy of the 1UP showing that the Town has been included therein is attached hereto marked and designated Exhibit "E". 7. An estimate of the cost of operating and maintaining the proposed improvements, including the basis and source of such estimate is detailed on pages, 5 and 7 in the Engineer's Amended Map, Plan and Report dated September 15, 2000 (Exhibit "C"). 8, The assessments for the proposed Improvement will be made on a benefit basis. The formula is as follows: A. parcels benefited by the Improvement will be assigned Benefit Units; 3 I Packet Pg. 107 1 B. benefited parcels will be categorized into one of two classes — 0 Residential or 6 Industrial, Institutional or Commercial Parcels; C. Residential Parcels will be assigned Benefit Units as follows: (1) - a single family dwelling and lot not to exceed 2 acres 1.0 Benefit Unit. condominium, apartment • multi -family dwelling unit (2) vacant residential land not to exceed 2 acres (3) additional vacant resi- dential acreage over 2 acres within one parcel 1.0 Benefit Unit. 1.0 Benefit Unit. 0.8 Benefit Unit. 0.2 Benefit Unit per additional acre thereof:*' 2 *(e.g, a house on a 3 -acre parcel would be assigned 1.2 Benefit Units; a house on a, 5 -,acre parcel would be assigned 1.6 Benefit Units), CL 0 D Industrial, Institutional or Commercial Parcels will be assigned Benefit Units as follows: 0 (1) Each year the proportionate ratio of Industrial, Institutional or Commercial assessments to the total assessment within the Improvement Area shall first be determined, This C14 M ratio will then determine the percentage of the total capital costs of the Improvement to be paid by co Uj W those parcels categorized as Industrial, Institutional or Commercial parcels. (E.g. If the total Q C%A C%A assessed valuation of all properties within the Improvement Area is One Billion Dollars 4 I Packet Pg. 108 1 (SI,000,000,000), comprised of Seven Hundred Million Dollars ($700,000,000) in Residential 0 assessments and Three Hundred Million Dollars (5300,000,000) in Industrial, Institutional or x Commercial assessments, then the ratio is 3/10; therefore, 30% of the capital costs for that year LLJ would be paid by the Industrial, Institutional or Commercial parcels located within the Improvement Area.) (2) Once the percentage/ratio is determined, then the number of Benefit Units allocated to the Industrial, Institutional or Commercial class is calculated by interpolating from the known number of Residential Benefit Units, calculated pursuant to subparagraph "C" above, as follows (assume the known number of Residential Benefit Units equals 1,000): 0 U. t� • Residential units = 1,000, or 70% of total (Divide percentage ratio (70%) into 0 known number of residential units (1000) 70 1000 = 1000 X = Total 100 x 1428 Benefit Units • The resulting number (1428) is the total number of Benefit Units throughout the entire benefited area. • Subtract the known Residential units from total (1428 - 1000 = 428 Industrial, Institutional or Conuriercial Benefit Units). 0 0 (3) The total number of Benefit Units assigned to the Industrial, Institutional and Commercial class would then be prorated among the various parcels within that category based on their respective assessed valuations, Assessed value of parcel 'Total Industrial, Institutional and Commercial assessed valuations 9 C14 co Total number of Benefit Units assigned to Industrial, C4 M x Institutional and C4 Commercial class C4 5 E Packet Pg. 109 Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger APPENDIX E — Construction Cost Detail Capital Cost Estimate for Tall Trees District Extension Construction Item Unit Cost Qt Tall Trees Emergency Interconnection Contract $134,000 1 Individual Meter Installation $500 82 Seal TTWIA Wells, Remove Water Treatment Equipment $50,000 1 TTWIA Storage Tank Removal $30,000 1 10% Contingency for Uncontracted Work Total Estimated Construction Costs: Legal, Administration & Engineering Map, Plan and Report Total of Construction and Planning Costs: UWWD Buy in Costs (84 Parcels): Total Estimated Capital Costs Including Buy -In: LESS: Municipal Consolidation and Shared Services Grant State and Municipal Facilities (SAM) Grant Total Grants Received: Net Capital Costs after Grant: 9.7.b December 20, 2016 Total Cost $ 134,000 $ 41,000 $ 50,000 $ 30,000 $ 12,100 $ 267,100 $ 70,500 $ 15,000 $ 352,600 $3,200 84 $ 268,800 $ 621,400 $ (225,000) $ (150,000) $ (375,000) $ 246,400 Packet Pg. 110 Map, Plan and Report for Extension of UWWD to Tall Trees Subdivision Town of Wappinger Appendix F - Debt Service Calculations LEVEL DEBT PAYMENT METHOD JOB TITLE: Tall Trees Water to UWWD JOB NUMBER: W21215.2 DATE: 11/29/2016 BOND TERM: 30 PRINCIPAL: $246,400 INTEREST: 3.0% December 20, 2016 YEAR PRINCIPAL INTEREST TOTAL REMAINING 1 $5,179 $7,392 $12,571 $241,221 2 $5,335 $7,237 $12,571 $235,886 3 $5,495 $7,077 $12,571 $230,392 4 $5,659 $6,912 $12,571 $224,732 5 $5,829 $6,742 $12,571 $218,903 6 $6,004 $6,567 $12,571 $212,899 7 $6,184 $6,387 $12,571 $206,715 8 $6,370 $6,201 $12,571 $200,345 9 $6,561 $6,010 $12,571 $193,785 10 $6,758 $5,814 $12,571 $187,027 11 $6,960 $5,611 $12,571 $180,067 12 $7,169 $5,402 $12,571 $172,897 13 $7,384 $5,187 $12,571 $165,513 14 $7,606 $4,965 $12,571 $157,907 15 $7,834 $4,737 $12,571 $150,074 16 $8,069 $4,502 $12,571 $142,005 17 $8,311 $4,260 $12,571 $133,694 18 $8,560 $4,011 $12,571 $125,133 19 $8,817 $3,754 $12,571 $116,316 20 $9,082 $3,489 $12,571 $107,234 21 $9,354 $3,217 $12,571 $97,880 22 $9,635 $2,936 $12,571 $88,246 23 $9,924 $2,647 $12,571 $78,322 24 $10,221 $2,350 $12,571 $68,100 25 $10,528 $2,043 $12,571 $57,572 26 $10,844 $1,727 $12,571 $46,728 27 $11,169 $1,402 $12,571 $35,559 28 $11,504 $1,067 $12,571 $24,055 29 $11,850 $722 $12,571 $12,205 30 $12,205 $366 $12,571 ($0) TOTAL 5246,400 5130,734 5377,134 JOB SUMMARY AVERAGE END OF YEAR PAYMENT= NUMBER OF ASSESSED BENEFIT UNITS: AVE ANNUAL PAYMENT PER BENEFIT UNIT= $12,571 83.6 $150.37 9.7.b Packet Pg. 111 9.7.b Map, Plan and Report for Extension of tA"VD to TO Trees Subdivision Town of Wappinger December 20, 2016 Packet Pg. 112 0 — W w w w a r J o $ Q 2 a� _ e w 0 5 oti t °o z o 2 p � W O r ti � m h .........../ "h" n . 3 F Y i may„ f t i yc 1 ` xs z / S d� 4 w } - 'i ............ a Y < r lo w M, 4 r Jz S It e/ r r r � i M i i I�w I x , .. ✓ x , . ...� „mow fl s-