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2017-04-24Town of Wappinger Regular Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 townofwappinger.us Joseph Paoloni (845)297-5771 Monday, April 24, 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 Ian Lindars Bob Gray Jim Horan 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 Consultant Adoption of Agenda Title Supervisor Councilman Councilman Councilman Councilman Town Clerk Deputv Town Clerk Status Present Absent Present Present Present Present Present Present Present Present Arrived 7:30 AM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 7:30 PM 1. Motion To: Adopt Agenda The agenda was amended to include Resolutions 2017-90 and 2017-91. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: John J. Fenton, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz ABSENT: William H. Beale IV. Acknowledget Minutes 1. Motion To: Acknowledge April 10th, 2017 Minutes Town of Wappinger Page I Printed 5/9/2017 Regular Meeting Minutes April 24, 2017 V. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Michael Kuzmicz, Councilman John J. Fenton, Councilman Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz William H. Beale Correspondence Log RESOLUTION: 2017-87 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspwondence Loa - 2017-04-24 Number To From mate Date IRec' Re: Agenda Date 34-24-331 Towi7 Board Towi7 Comptroller 4/23/2317 4/23/2317 'u"e/arraiits 2317 - 0 4/24/2317 34-24-332 Towi7 Clerk Towi7 of LaGrai7 e 3/23/2317 4/12/2317 Notice of Public Hearii7 4/24/2317 34-24-333 Towi7 Board Towi7 of LaGrai7 e 3/28/2317 4/12/2317 Notice of Public Hearii7 4/24/2317 34-24-334 Towi7 Board Grimiell LibrarV 4/23/2317 4/23/2317 P aiid L Statemeiit 4/24/2317 34-24-335 Towi7 Board Vii7ceiit Bettii7a 4/12/2317 4/13/2317 OFercreek SUbdidsim 4/24/2317 34-24-336 Towi7 Board Mark Liebermaiii7 4/13/2317 4/13/2317 Fire Premitim Bureau Members 4/24/2317 34-24-337 Su ernsor Jiava I Kim Vole 1 4/4/2317 4/13/2317 Muiiici al Slielter liis ectim Report 4/24/2317 34-24-336 Su ermor Jiava William P Beckmaiii7 VV2317 4/13/2317 COL111tV Pe nest / PesoILA1011 4/24/2317 34.24-333 Towi7 Board Brad Brarlle 4/13/2317 4/17/2317 Referral #17-336, Local Lava # 2 of 2317 4/24/2317 34-24-313 Towi7 Board Jessica FLIItol7 4/19/2317 4/19/2317 Pickleball 4/24/2317 34-24-311 Su ernsor Jiava Eloise Herrmai7 4/13/2317 4/23/2317 Doq Coiitrol Officer liis ectim Report 4/24/2317 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-87 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... Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Q........,........❑.......,........❑........,.......❑..... Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 24, 2017 The Resolution is hereby duly declared Adopted. VI. Public Hearings 1. Motion To: Open Public Hearing Town of Wappinger Page 2 Printed 5/9/2017 Regular Meeting Minutes April 24, 2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz ABSENT: William H. Beale Resolution Introducing Local Law No. 2 Of 2017 Which Would Repeal Chapter 117, Environmental Quality Review, Of The Town Code Jim Horan explained the rational for this Local Law. He said adopting this is merely updating the process for the 21st century. He stressed that the board has no authority to abolish environmental review in the town. What is being abolished is a list that was created in 1977 which does not correspond with the current definitions that are in the SEQRA regulations. The items that are in the town code would automatically trigger a Type 1 action (larger projects) anyway per the current SEQRA regulations and are thus redundant. Type 2 actions are also covered in current SEQRA regulations which more than apply. The new DEC SEQRA regulations can be found at <http://www.dec.ny.gov/hermits/83389.html>. The type 2 actions do not change. RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz ABSENT: William H. Beale VII. Public Portion 1. Motion To: Open Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz ABSENT: William H. Beale 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz ABSENT: William H. Beale Town of Wappinger Page 3 Printed 5/9/2017 Regular Meeting Minutes April 24, 2017 VIII. Discussions 1. Playground Equipment Joe Cavaccini addressed board with a proposal to create a small playground at the summer concert series. He cited one on sale that ends June 30th. Councilman Kuzmicz suggested scoping out an appropriate site adding that Mr. Frazier should look into this and report back at a future town board meeting. 2. Motion To: April Houston Seasonal Laborer 0 The board agreed to hire April Houston as a Seasonal Laborer for Saturdays and Sundays at the same rate of pay as last year effective April 28th. RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz ABSENT: William H. Beale Boat Ramp Concrete Wall Anchor Mr. Frazier and Councilman Ciccarelli met earlier in the day and discussed the anchor for the one dock, not the second dock that had been the topic of a prior meeting's discussion. The second dock will be addressed next season as the dock itself needs repair along with the attachment to the concrete wall which was the original main issue. The dock will be installed on April 26th in the vicinity of low tide which is at 7:05 AM and 7:15 PM that day. 4. Motion To: Field Usage Fees Town of Wappinger Page 4 Printed 5/9/2017 Regular Meeting Minutes April 24, 2017 TOWN OF WAPPINGER RECREATION FIELD/COURT R1z'QUES'1" Addetic Field/Court witliQLA lights - 3 Hours 2,15,00 ................ Athletic 'Field/Court with use of lighu - 3 Hours $250.00 ............................................... Ftel(.Is/Gwarts Avallable fcyr. Ectital NLatz Field-TeM.1is Court I Nfarly Fidd71enk'U'S', C"'C)LIE'L 2 )Iaxlz Fichl-TenruS Court. 'lai L,.- Freld I C JIRI'S C'ClUirt 5 'N'faxtz 2 J�Artz Field- Satid N,'oUe:vbAU 3 Paint. Soft all I Gu' dt Poii"k[7, 2' Flows -k7. Scxx:er 2 R(K.-kilighal"11 13wi-scweti. I R(A.n.kl' rk Lxx- (Iadki-tger Rot,)jrtsoti, I �r� nt- ffi�)4 Field* Rob!� T..ar-k(--S1,2 Robirl'sor, bru."-JU .iiv,tm I I - '........... Rlulb:w: IS(.311 1.;aw- 13,3 Rohiiisori I alae. 1t4 RobifIS011 1s-ttte- Lane-fiv, 1, Robjns('-.wCL Lnlle-Fl ft-kiliv.-iol'i I "ux-F2 RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman 11 as 1,iplits klaru Field- Nklartz ficklw Baseb,�,dl Dia: ni!ond Airport 1'ark. *A-cer I Rocki rud mrut Pm'k- Soccei- 2 —11n ....... . .. . ...................................................... R01"Iiuts'ol'] Lmle- SLI Robinson 1.,iu:i.e-R2 Roblinon 1 -mit -TI . .. ........ Robins(,wi Liuit,-In92 Rolmin,ori Liuie-El' SECONDER: Michael Kuzmicz, Councilman AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz ABSENT: William H. Beale 5. Motion To: Hire Pickelball Instructor - Marie Wildman Town of Wappinger Page 5 Printed 5/9/2017 Regular Meeting Minutes April 24, 2017 MLT OTO--, LORIPAVA,TOWN SUTERVIS(W XVILLU, M B"LE,, MILIIANI CICCARELLI, C0U'1.NC1LmLv,.1B. R JOHAN FEXI'ON, C01INCILMEMBER IMICHAEL KUZ,M1(-',Z:, C01.TN(-'11.A1,,EMBER. T 7 TOmt JESSICA FITI ITONN, RECREAO" -HDIRI"'CTOR April 19, 01 S17JAJ I' 11` "C:, Pickkball "Va T)Tior niectin g, t1i,e Toivn, Romd q)pl-ovc(l thc Start of an, pick1ebi"131 pi,"op-aria, NVe have scfwd�,de(l'the 1)ro6n,ani. to'berdi'll N,f,ty l", at t1w Ma:Rtz F`idki'Fennis cout"'t-s- PRIOR N11 I I 1 11 1 I WMf law; Mondays. May 1, SO 22, 29, June: 5,1 '., 19, 26 The courts at Pyie Lane, Town of Wappinger $50/reMdentfee, $65/nain-residjent fee Recreation 00W,. 297-0720 I wo:ukf like to 11,*,quea that, the 136,ard -aj,)Rrove tbe frlarinG 4A Marie "'t's Our in'su-r:ctor ",it Ra. cost of $400 la. r tae eat' ,Ioj.'.I[ 1)a�kld out of tile rlclv Ms, M7ikhnatiIS dle PUS011 Wl) hF(Atg K JIL pickleball to usuil dic first place., A wlaillc back, she entiul a letter su't'O."esting that. (:xne of- our tennis courts be cc),rivBerting into a picklebffl, court =.d,ojf1.-,ered Lij) h,,er expert',se to a chnic hem iri Wappinger. NVe p ugvddic inwrest irk adding j)icklQb,7,d1 to the Wapi fer Pill; Recre,auon line upand hav received, enough, o ensure dixt the1A,ograni %vill rum Therefore, we at"t vetry happ 1 p kJ N 11 y to Nfs. Mrdxhl�laxl (br ax" posifionof 'n.)Nvo �,-,)f waj)pixisrr, ic 4� I ;,jessi, C-1 F�,Jl:ou RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz ABSENT: William H. Beale Town of Wappinger Page 6 Printed 5/9/2017 Regular Meeting Minutes April 24, 2017 IX. Resolutions RESOLUTION: 2017-88 Resolution Adopting Local Law No. 2 Of 2017 Which Would Repeal Chapter 117, Environmental Quality Review, Of The Town Code WHEREAS, the Town Board is considering the adoption of Local Law No. 2 of 2017 which would repeal Chapter 117, Environmental Quality Review, of the Town Code; and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on April 24th, 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 has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Wappinger Environmental Quality Review (WEAR) Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD responded and stated that it is a matter of local concern and any list be no less protective of the environment; and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; 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, AS FOLLOWS: Town of Wappinger Page 7 Printed 5/9/2017 Regular Meeting Minutes April 24, 2017 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby adopts the attached Negative Declaration for the reasons stated therein, thereby finding that the proposed Local Law will not result in any significant adverse environmental impacts, and consequently finding that a Draft Environmental Impact Statement will not be required and that the SEQRA process is therefore complete. 3. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law, and the Town Board hereby adopts Local Law No. 2 of 2017, a copy of which is attached hereto and made a part of this Resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 4. 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 to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-88 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter Q ❑ ..❑..... ❑ ❑ ❑ Defeated William H. Beale ...................Voter... ..... ❑.........,.... ❑........,.......El ....., ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Seconder Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 24, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-89 Resolution Authorizing Execution Of Dog Control Housing Agreement With Dutchess County Spca WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law § 118; and WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town Dog Control Officer are required to be properly sheltered, fed and watered during the redemption period; and WHEREAS, the Dutchess County Society for the Prevention of Cruelty to Animals (hereinafter DCSPCA) maintains a kennel for boarding of dogs and other animals at its office located at 636 Violet Avenue, Hyde Park, New York 12538; and Town of Wappinger Page 8 Printed 5/9/2017 Regular Meeting Minutes April 24, 2017 WHEREAS, in accordance with Agriculture and Markets Law §115(2), the Town Board wishes to contract with DCSPCA to provide shelter for dogs seized by the Town Dog Control Officer; and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with DCSPCA to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town; and WHEREAS, DCSPCA has presented to the Town a Dog Control Housing Agreement, for calendar year 2017 and retroactive to January 1, 2017, a copy of which is annexed hereto; and WHEREAS, the fees to be charged by DCSPCA for calendar year 2017 are the same as contained in the Agreement for calendar year 2016; and WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as above described. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town of Wappinger hereby approves the Dog Control Housing Agreement, in effect for calendar year 2017 and retroactive to January 1, 2017, in the form annexed hereto and authorizes and directs the Supervisor to execute the Agreement by and on behalf of the Town of Wappinger. The Town Clerk is hereby directed to forward a copy of the signed Agreement to the DCSPCA for signature and to provide a copy of this Resolution with the Agreement to the Dog Control Officer. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-89 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 Seconder ........ Q❑ ............... ❑ ❑ ... ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 24, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-90 Resolution Authorizing Supervisor To Execute Dial -A -Ride Agreement WHEREAS, the Town has previously entered into Agreements with Dutchess County to provide a joint service transportation system for senior citizens and handicapped individuals; and WHEREAS, said Agreement has been amended and extended from time to time; and WHEREAS, Dutchess County has presented a proposal to the Town to provide such transportation service for calendar year 2017 as set forth in a proposed Agreement, a copy of which is attached hereto; and Town of Wappinger Page 9 Printed 5/9/2017 Regular Meeting Minutes April 24, 2017 WHEREAS, the Town desires to enter into said Agreement for the calendar year 2017, on the terms and conditions as set forth in the Agreement. 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 terms and conditions set forth and contained in the above-mentioned Agreement, a copy of which is attached hereto, to provide a transportation service system for senior citizens and handicapped individuals and agrees to pay the annual sum of Fifty -Seven Thousand Seven Hundred Thirty Dollars ($57,730.00) for such service, payable in quarter -annual payments as contained in the Dial -A -Ride Transportation 2017 Municipality Payment/Service Schedule (Exhibit B). The Town of Wappinger hereby approves the Dial -A -Ride Agreement, in effect for calendar year 2017 and retroactive to January 1, 2017, in the form annexed hereto and authorizes and directs the Supervisor Lori A. Jiava to execute the Agreement by and on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-90 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A. Jiava Voter .......... Q ❑ ................... ❑ ❑ .. ..Q. ❑ Defeated WilliamH. Beale ... Voter ................... ❑.................... ....... ......... ❑ ....... .... ❑......... ....... ....... ............ ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J. Fenton Voter Q ❑ ❑ .. ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York April 24, 2017 The Resolution is hereby duly declared Adopted. RESOLUTION: 2017-91 Resolution Authorizing Agreement With County Of Dutchess In Regards To Referral Of Applications For Certain Planning And Zoning Actions To The Dutchess County Department Of Planning & Development For Review WHEREAS, New York State General Municipal Law § 239 requires local municipalities to refer applications for certain planning and zoning actions to the Dutchess County Department of Planning & Development for review; and WHEREAS, New York State General Municipal Law § 239 further requires the County to assess all such applications as to whether the requested action would have a "county wide" or "inter -community" impact and comment on same; and WHEREAS, the current referral process results in the processing of applications each year from towns, villages and cities to the County, a portion of which have neither county -wide or inter -community impact; and WHEREAS, New York State General Municipal Law authorizes the County to enter into agreements with local municipalities in order to determine which, if any, of the local municipal actions subject to referral may be deemed strictly matters of local determination, and therefore, not subject to the referral process; and Town of Wappinger Page 10 Printed 5/9/2017 Regular Meeting Minutes April 24, 2017 WHEREAS, notwithstanding this Agreement, the Town shall be authorized to seek informal review and comment from County Planning for otherwise exempt matters; and WHEREAS, the Town desires to enter into an Agreement with the County of Dutchess as above described. 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 approves the Agreement with the County of Dutchess in regards to referral of applications for certain planning and zoning actions to the Dutchess County Department of Planning & Development for review, in substantially the same form as annexed hereto and authorizes and directs the Supervisor Lori A. Jiava to execute said Agreement by and on behalf of the Town of Wappinger. This Agreement is retroactive to January 1, 2016 and extends automatically for a successive year, for a total of five (5) years. The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2017-91 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 Mover Q❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ o 0 Dated: Wappingers Falls, New York April 24, 2017 The Resolution is hereby duly declared Adopted. X. Items for Special Consideration Ms. Helen Fumarello was appointed Grand Marshall for the annual 2018 Community Day celebration. Councilman Ciccarelli suggested'No Littering' signs be placed at locations identified at the past weekend earth clean-up day. He will make a formal list. 1. Motion To: Hire "Municipal Code Enforcement Inspector Number 126" Supervisor Jiava asked the board to appoint William Murain at $18 per hour as a property maintenance employee entitled "Municipal Code Enforcement Inspector Number 126" effective from May 4 to November 1st. Town of Wappinger Page 11 Printed 5/9/2017 Regular Meeting Minutes April 24, 2017 RESULT: MOVER: SECONDER: AYES: ABSENT: XI. Adjournment ADOPTED [UNANIMOUS] Michael Kuzmicz, Councilman John J. Fenton, Councilman Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz William H. Beale Motion To: Wappinger Adjournment & Signature The meeting adjourned at 8:11 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz ABSENT: William H. Beale Town of Wappinger Page 12 Printed 5/9/2017 Packet Pg. 13 Al (� 0 0 0 0 O O O O O O O N N N N N N N N N N N d' d' tet' tet' tet' d' It N �4 N N N � N N N N N N N C '.:3.d' d' d' d tm Q O N O Q U) O O_ p N a) n, EO a1 O O O (6 J U a) O O m L Cu L OU 0 0 w p �22 () a) J a) N E �O C v7 67 1 r O .V Q .V � m 7 (/) 0 a) L 0 0 i ti O 7 O O ® C O O J N L L (B C O 1 Cu m a� U a .� v �- o U U 0 U 0� N L O w Y V O [� �ZZd0iL�U�O_� ®i� �� ti ti ti ti ti ti ti ti N Vr 4 00 r 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 O N N O M M M M I� O O 1 r N" N� a �t "t ct 'ct d" V' lq' "P NT d 1 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 O O OO O N M (M O ('M 1 � CY) M M Co d' W O E c lCL _ I O L m ai ai C cc E O- CC (LO � C C U C tB CLO O E m A O E � a) IL N o 0 0, U o o= m N 0- S L (i5 = a�c�0EmUa) E -i -aL � N 3OC Ua) C —aS O CO O O O U_C > ---.)W Cu O > > (a (II Cu O mUmmmm 0 0 0 0 w U O mm'� O U 3333i Q-Q-3: 3:0- 0 0 0 0 0�� 0 0 f— F- cn cn I— t— U)0 i O) r N M It LO CO I— 00 M O r M 0 0 0 0 0 0 0 O O r E 0 0 0 0 0 0 0 0 R 0 0 0 O d' ";I' d' d' tet' tet' � d' NT V ;I' Z N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 Packet Pg. 13 Al 5.1.a 2017-04-24 001 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: 2017-0 Vendor A (General Town wide) B (General Part Town) DB (Highway Fund) HWN (Wappinger water main) HWF (Filtration of Atlas & Hilltop) Central Hudson 48.12 Central Hudson 107.18 Central Hudson 35.11 Central Hudson 39.51 Central Hudson 419.39 Central Hudson 172.13 Federal Express 27.50 Poughkeepsie Journal 51.98 Poughkeepsie Journal 400.40 Poughkeepsie Journal 33.55 Southern Dut News Southern Dut News 57.00 Home Depot 306.49 Home Depot 15.49 Home Depot 155.60 Home Depot 832.89 James Baisley 1,400.00 Bottoni Fuel 707.73 Spins Bowl Sum Camp 525.00 First Unum Life Ins 192.47 50.65 192.47 Coffee Systems Packet Pg. 14 Amazon 1 60.23 276.50 off-MUNITIM 5.1.a Packet Pg. 15 78.62 Frederick Clark Assoc 589.00 Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Adams Power Equip 379.50 CSEA HM Optical/Den 3,539.47 Squeo Home Improve 9,480.00 Tech Air 198.74 DC Truck Parts 202.35 Advanced Auto 114.72 Staples 43.88 Optimum 137.69 Optimum 139.78 Acorn Plbg & Htg 494.00 Chase Visa Card 216.81 Orrick 2,932.30 Allstate Suppl Ins. Cornerstone Telephone 816.60 39.84 Don Kortright Tire 315.00 Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc 5,345.10 149.00 Morris Assoc Morris Assoc 4,635.14 1,677.51 3,234.95 Morris Assoc Bounce Trampoline 300.00 HV Renegades 825.00 Amazon 1 60.23 276.50 off-MUNITIM 5.1.a Packet Pg. 15 Amazon 125.50 SM (Sewer Mid Point) SW (Wildwood Sewer SU (Wapp United Sewer WT (Tall Trees Water) Amazon 15.18 Amazon 37.15 Amazon 7.98 Inter City Tire 1,589.08 Sarjo Ind 36.84 Sarjo Ind 113.08 Campbell Freightliner 182.49 Jesco 34.83 Hyde Park Roller Majic 475.00 Quality Environ Solutions 8,553.00 121.87 IRS Totals $34,215.76 $4,873.93 $13,796.33 $276.50 $888.00 Vendor HMR (Water Meter Replacment) SM (Sewer Mid Point) SW (Wildwood Sewer SU (Wapp United Sewer WT (Tall Trees Water) Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Federal Express Poughkeepsie Journal Poughkeepsie Journal Poughkeepsie Journal Southern Dut News 121.87 Southern Dut News Home Depot Home Depot Home Depot Home Depot James Baisley Bottoni Fuel Spins Bowl Sum Camp First Unum Life Ins Coffee Systems 5.1.a Packet Pg. 16 Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Frederick Clark Assoc Adams Power Equip CSEA H/W Optical/Den Squeo Home Improve Tech Air DC Truck Parts Advanced Auto Staples Optimum Optimum Acorn Plbg & Htg Chase Visa Card Orrick Allstate Suppl Ins. Cornerstone Telephone Don Kortright Tire Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Bounce Trampoline HV Renegades Amazon Amazon Amazon Amazon Amazon Inter City Tire Sarjo Ind Sarjo Ind Campbell Freightliner Jesco Hyde Park Roller Majic 871.50 2,544.50 6,911.85 817.00 149.00 123.00 2,406.19 5.1.a Packet Pg. 17 Quality Environ Solutions IRS Totals 1 $871.50 1 $2,666.37 1 $123.00 1 $10,135.04 1 $149.00 Vendor WU (Wapp United Water) T92 (Planning & Zoning Escrows) T14 (Allstate) Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Federal Express Poughkeepsie Journal Poughkeepsie Journal Poughkeepsie Journal Southern Dut News Southern Dut News Home Depot Home Depot Home Depot Home Depot James Baisley Bottoni Fuel Spins Bowl Sum Camp First Unum Life Ins Coffee Systems Frederick Clark Assoc Frederick Clark Assoc 4,142.50 Frederick Clark Assoc 713.00 Frederick Clark Assoc 187.50 Adams Power Equip CSEA H/W Optical/Den Squeo Home Improve Tech Air DC Truck Parts Advanced Auto Staples Optimum Optimum 5.1.a Packet Pg. 18 A-1 Acorn Plbg & Htg Chase Visa Card Orrick Allstate Suppl Ins. Cornerstone Telephone Don Kortright Tire Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Bounce Trampoline HV Renegades Amazon Amazon Amazon Amazon Amazon Inter City Tire Sarjo Ind Sarjo Ind Campbell Freightliner Jesco Hyde Park Roller Majic Quality Environ Solutions IRS Totals Vendor Central Hudson Central Hudson Central Hudson 11,100.85 1,858.71 1 819.50 149.00 283.50 894.00 379.50 2,742.00 34.20 521.50 $12,959.56 1 $10,866.20 1 $848.68 Town Board 48.12 107.18 35.11 $92,669.87 Hold 5.1.a Packet Pg. 19 Central Hudson 39.51 Central Hudson 419.39 Central Hudson 172.13 Federal Express 27.50 Poughkeepsie Journal 51.98 Poughkeepsie Journal 400.40 Poughkeepsie Journal 33.55 Southern Dut News 121.87 Southern Dut News 57.00 Home Depot 306.49 Home Depot 15.49 Home Depot 155.60 Home Depot 832.89 James Baisley 1,400.00 Bottoni Fuel 707.73 Spins Bowl Sum Camp 525.00 First Unum Life Ins 435.59 Coffee Systems 78.62 Frederick Clark Assoc 589.00 Frederick Clark Assoc 4,142.50 Frederick Clark Assoc Frederick Clark Assoc Adams Power Equip 379.50 CSEA HM Optical/Den 3,539.47 Squeo Home Improve 9,480.00 Tech Air 198.74 DC Truck Parts 713.00 187.50 5.1.a Packet Pg. 20 Advanced Auto Staples Optimum Optimum Acorn Plbg & Htg Chase Visa Card Orrick Allstate Suppl Ins. Cornerstone Telephone Don Kortright Tire Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Bounce Trampoline HV Renegades Amazon Amazon Amazon Amazon Amazon Inter City Tire 202.35 114.72 43.88 137.69 139.78 494.00 216.81 20,945.00 848.68 856.44 315.00 276.50 11,746.60 34.20 14,457.00 1,759.50 300.00 825.00 60.23 125.50 15.18 37.15 7.98 819.50 149.00 283.50 894.00 379.50 5.1.a Packet Pg. 21 $92,669.87 5.1.a Packet Pg. 22 1,589.08 Sarjo Ind 36.84 Sarjo Ind 113.08 Campbell Freightliner 182.49 Jesco 34.83 Hyde Park Roller Majic 475.00 Quality Environ Solutions 8,553.00 IRS - Totals $89,243.87 $92,669.87 5.1.a Packet Pg. 22 5.1.a Abstract of Claim and Warrant for Payment of Claim Audited by Town Comptroller — III - P The following claims have been duly audited and allowed by the Town Comptroller of the Town of Wappinger, New York (the "Town"): Claim Packet: 2017-P Vendor A (General Town wide) B (General Part Town) DB (Highway Fund T92 (Planning & Zoning Escrows Assoc of Towns 160.00 Camo Camo Central Hudson 761.85 Central Hudson 7,149.06 Marshall & Sterling 42,382.00 Scott Volkman 3,384.00 N & S Supply 213.80 Al Roberts 10,029.00 4,536.00 Al Roberts Al Roberts 1,800.00 Al Roberts 3,492.00 Al Roberts Al Roberts 54.00 Al Roberts 414.00 Al Roberts Al Roberts 630.00 2,772.00 Al Roberts 126.00 Al Roberts 432.00 Al Roberts 2,412.00 Chemung Supply 3,150.00 Wap Cen School 720.00 Ben Funk Inc 756.37 General Code 1,195.00 DC Truck Parts 284.00 Hillman Signs 47.95 Advanced Auto 77.88 Town Clerk Account Bus Auto Sery 500.00 MVP Select Care 166.50 Custom Security 3,990.00 Dave Varco Reimb 450.00 Wells Fargo 336.76 Packet Pg. 23 Brandl's Auto Aflac Chase Visa Card D&D Doors WB Mason Big Top Porta Johns Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Auto Zone Auto Zone Fredrick Awino Reim ITC Phone System Inter City Tire Inter City Tire Sarjo Ind CB Merill Office Pro Healey Chevrolet Roberts IT Consult JK Power Equip Totals 129.98 283.92 110.00 514.25 1 88.44 290.25 299.90 47.23 2,890.00 225.00 421.41 75.481.941 $11.572.41 600.00 HWN (Wapp Water Main) 250.00 T96 (Road Inspection) WF (Fleetwood Water 650.00 Assoc of Towns 675.00 175.00 375.00 Camo 650.00 315.30 129.99 1,708.33 628.92 807.00 12.97 145.00 7,655.38 $8.267.00 Vendor HWN (Wapp Water Main) T16 (Aflac T96 (Road Inspection) WF (Fleetwood Water WH (Watch Hill Water Assoc of Towns Camo 2,820.83 1,708.33 Camo Central Hudson Central Hudson Marshall & Sterling Scott Volkman N & S Supply AI Roberts AI Roberts 108.00 5.1.a Packet Pg. 24 Al Roberts Al Roberts AI Roberts AI Roberts Al Roberts Al Roberts AI Roberts Al Roberts Al Roberts Al Roberts Chemung Supply Wap Cen School Ben Funk Inc General Code DC Truck Parts Hillman Signs Advanced Auto Town Clerk Account Bus Auto Sery MVP Select Care Custom Security Dave Varco Reimb Wells Fargo Brandl's Auto Aflac Chase Visa Card D&D Doors WB Mason Big Top Porta Johns Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Auto Zone Auto Zone Fredrick Awino Reim ITC Phone System Inter City Tire Inter City Tire 110.60 5.1.a Packet Pg. 25 Sarjo Ind CB Merill Office Pro Healey Chevrolet Roberts IT Consult JK Power Equip Totals $108.00 1 $110.60 $600.00 1 $2,820.83 1 $1,708.33 Vendor WT (Tall Trees Water) WU (United Wappinger Water) SF (Fleetwood Sewer) SNI (Midpoint Sewer) SU (United Wapp Sewer Assoc of Towns Camo 2,541.67 88,750.00 Camo 8,516.67 10,166.67 58,166.67 Central Hudson Central Hudson Marshall & Sterling Scott Volkman N & S Supply Al Roberts 189.00 3,132.00 189.00 Al Roberts Al Roberts AI Roberts Al Roberts 36.00 Al Roberts AI Roberts Al Roberts 720.00 Al Roberts AI Roberts Al Roberts Al Roberts Chemung Supply Wap Cen School Ben Funk Inc General Code DC Truck Parts Hillman Signs Advanced Auto Town Clerk 130.00 5.1.a Packet Pg. 26 Account Bus Auto Sery MVP Select Care Custom Security Dave Varco Reimb Wells Fargo Brandl's Auto Aflac Chase Visa Card D&D Doors WB Mason Big Top Porta Johns Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Auto Zone Auto Zone Fredrick Awino Reim ITC Phone System Inter City Tire Inter City Tire Sarjo Ind CB Merill Office Pro Healey Chevrolet Roberts IT Consult JK Power Equip Totals $2,541.67 $88,975.00 $8,516.67 $13,428.67 $59,075.67 Vendor Assoc of Towns Camo Camo SW (Wildwood Sewer) Town Board Hold 160.00 95,820.83 14,541.67 91,391.68 5.1.a Packet Pg. 27 Central Hudson Central Hudson Marshall & Sterling Scott Volkman N & S Supply Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts AI Roberts AI Roberts Al Roberts Al Roberts Al Roberts Chemung Supply Wap Cen School Ben Funk Inc General Code DC Truck Parts Hillman Signs Advanced Auto Town Clerk Account Bus Auto Sery MVP Select Care Custom Security Dave Varco Reimb Wells Fargo Brandl's Auto Aflac Chase Visa Card D&D Doors WB Mason Big Top Porta Johns Stormwater Stormwater Stormwater Stormwater Stormwater Stormwater 210.00 761.85 7,149.06 42,382.00 3,384.00 213.80 18,285.00 108.00 1,800.00 3,492.00 36.00 54.00 414.00 720.00 3,402.00 3,150.00 720.00 756.37 1,195.00 284.00 47.95 77.88 130.00 500.00 166.50 3,990.00 450.00 336.76 600.00 110.60 129.98 250.00 283.92 110.00 600.00 650.00 675.00 225.00 126.00 432.00 2,412.00 175.00 5.1.a Packet Pg. 28 375.00 Stormwater 650.00 Verizon Wireless 935.66 Auto Zone 315.30 Auto Zone 129.99 Fredrick Awino Reim 88.44 ITC Phone System 290.25 Inter City Tire 628.92 Inter City Tire 807.00 Sarjo Ind 12.97 CB Merill Office Pro 299.90 Healey Chevrolet 47.23 Roberts IT Consult 2,890.00 JK Power Equip 145.00 Totals $14,751.67 $291,443.84 $4,170.00 $295,613.84 $295,613.84 5.1.a Packet Pg. 29 March 28, 2017 a 0/ 1 1pqr 194 - TOWN OF LAGRANGE CHRISTINE O'REILLY-RAO TOWN CLERK 120 STRINGHAM ROAD LAGRANGEVILLE, NY 12540 845-452-1830 845-452-2289 FAX Town Clerk, Town of Beekman Town Clerk, Town of East Fishkill Town Clerk, Town of Pleasant Valley Town Clerk, Town of Poughkeepsie Town Clerk, Town of Union Vale Town Clerk, Town of Wappinger Town Clerk, Town of Washington Clerk of Dutchess County Legislature Dutchess County Dept. of Planning Dutchess County Dept. of Public Works LaGrange Planning Board NYS Department of Transportation — Region 8 NYS DEC — Region 3 Office of Parks, Recreation & Historic Preservation — State Historic Preservation Office Taconic Region NOTICE IS HEARBY GIVEN, that a Public Hearing will be held by the Town Board of the Town of LaGrange on May 10, 2017 at 7:00 p.m. regarding the following: A LOCAL LAW OF THE TOWN OF LAGRANGE, DUTCHESS COUNTY, NEW YORK TO AMEND THE ZONING MAP ESTABLISHED BY SECTION 240-22 OF CHAPTER 240, "ZONING," OF THE TOWN CODE TO CHANGE THE ZONING DISTRICT DESIGNATION OF THREE (3) PARCELS FROM GENERAL BUSINESS ("GB," FORMERLY "C-2") ZONING DISTRICT TO THE COMMERCIAL ("C") ZONING DISTRICT. Enclosed is a copy of the Notice of Public Hearing. Please provide your comments to the Town Board, if possible, by the time of the scheduled public hearing. Sincerely, Christine O'Reilly -Rao Town Clerk Enclosure (1) U-11IEE3CE0 APR 12 2017 110WN OF WAPPI ` ..' 1; ,, TOWN CLERK Packet Pg. 30 5.1.a A 01 -I-Ioq laq - 00, ' NOTICE OF PUBLIC HEARING TAKE NOTICE that the Town Board of the Town of LaGrange will hold a public hearing at the Town Hall, 120 Stringham Road, LaGrangeville, New York on May 10, 2017, at 7:00 o'clock p.m. prevailing time, on Local Law No. _ of 2017, a local law of the Town of LaGrange, Dutchess County, New York, amending the Zoning Map established by Section 240- 22 of Chapter 240, "Zoning", of the LaGrange Town Code to change the zoning district designation of the following three (3) parcels located in the Noxon-Titusville Area of the Town of LaGrange from the General Business ("GB", formerly "C-2") zoning district to the Commercial ("C") zoning district: LaGrange Tax Parcel 133400-6360-03-259493 at 349 Noxon Road LaGrange Tax Parcel 133400-6360-03-241471 at 298 Titusville Road LaGrange Tax Parcel 133400-6360-03-279450 at 369 Noxon Road TAKE FURTHER NOTICE, that copies of the aforesaid proposed local law will be available for examination at the office of the Clerk of the Town of LaGrange, at the Town Hall, 120 Stringham Road, LaGrangeville, New York between the hours of 8:30 a.m. and 4:00 p.m. on all business days between the date of this notice and the date of the public hearing. TAKE FURTHER NOTICE, that all persons interested and citizens shall have an opportunity to be heard on said proposal at the time and place aforesaid. DATED: LaGrangeville, New York March 29, 2017 Effi-lff 'ACI Packet Pg. 31 avIlloq lgql- O.:O Ci:0 O '`.OHO CD CD :o C> o c c 0caLr) Lno c:Ln N Kzp Ln a-. i M M e -I Y X N Co m O U U qi O UO N U U C = Ln u u O ~ O O O O O C O 0 a 'Ccc v 00 O O O cH M C O ri O M C L m a Ll) 00 Ln O U L N (O O to = m O O E r-4 ri N CL H co Li p- O Ln Cu O N Ln Q Cu Ln a U \ .� L6 Cu a) Ln Ln Ln N O u LPI N LL LCu n O u "O (n a u u_ > Ln O O ++ n. CLOE \ f6 N C7 m C i nn +� Co U N fB c f9 \ Ln p a) p- v y \ Co a) G = v v Cu o Cu -Cu-E a) Ln m O U ,0 o :++ O E O C u .0 o a) N Z3 ' fn p_ O_ Ia co L `- r6 '6 o O C C '� L L OL C bn fQ L a) a) O O ..0 Cu O '7 L a) +.i u Q1 L 7 N u a) a a) L a) +� C O C U 7 o a) a co 'L o d ate- v t +� v O I� > Li Q Q a w w O w - u f- P- U m a m I a I m O w O O ci N M ri N r -i N M S N M O O O O O 0 0 0 0 O O C) 0 0 O O O O O O O O O O O 0 0 0 O O O O O 0 0 0 0 O O N N N Ln Ln Ln Lf) Lf) Ln Ln Ln Ln Ln Ln L.f1 L1') Ln Y u O O O O O O O 0 0 0 00 O O O cH M Ln O ri O M :Zr 3 e -I Ll) 00 O O O O r-4 ri N N N N Ln En Ln Ln Ln Ln Ln LPI LPI N N = L Packet Pg. 32 5.1.a Packet Pg. 33 0 0 0 0 0 0 0 '0 o O,`0 .... 0 0 0' 0 0 `o 0 0 0 0 0 0 0 0000:0000000 �0-00000:LnCD o a 0..'Ln Ln LM 0 0:0 O O".O O M C) 00 ;:00 O O O iN Ln tD N 0:-.1. a-1 d' Ln Lf1 ee4 _, M N : ^ ^ m �-i ,LSC M {\ N J N = u. N N fu CL `m E Q - Ca O V) J D1 C7 E v-- O.. U N N U L Ln \ Q- U C In d O yO. LN Cu �..� Cu CU Oa) x X O d +.' N U 0 LL > Ln m X C L i Cz U Q C d Cu H C N U L +�' N O m E U ''O O (�6 t0 v L Cy N N On Y O -Q O O E m w O `� N - i 7 '� �' m Tp Ju Cl C2 a J W 0_ = 3i O S cc� G d F- Q d d Co am d e-iN -+Nm1%T Ln Nm1%tui�.or,ooa) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1O 00 I, I, LnLnLnLnLn o0o00 00000000 00000000 N N Ln Ln Ln Ln Ln LO tD L.0 LO w LO to LO lO Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln W r -I O Z O O O O Ln O LJJ 0_ Ln r, 0 0 0 0 N N m Ln Ln Lo W N Ln Ln Ln Ln Ln LnCu H J f0 C 5.1.a Packet Pg. 33 HIGHWAY SUPERINTENDENT Vincent Bettina A.pfii 12, 2017 HIGHWAY DEPARTMENT 10 HIGHWAY DRIVE WAPPINGERS FALLS, NY 12590 (845)297-9451 ww w:towmoN,appinger.us Supervisor Lori J.iava and Town Board Members 20 Middlebush Road Wappinger Falls, NY 12590 RE: Obercreek Subdivision Dear Supervisor Jiava and Town Board Members, O SUPERVISOR Lori Jiava TOWN BOARD William H. Beale William Ciccarelli John -Fenton Michael Kuzmicz This is to advise that the suer main in I+;�Iarlorille Road that is proposed to be construcied as part of the Obercreek Subdivision has been reviewed by the Town Engineer and the Town Planning Board. Pursuant to condition 3(g) (d) ii of the Obercreek Subdivision of approval, I hereby recommend the Town Board accept the private sewer line within the town right-of-way once it is constructed and offered for dedication. .Sincerely, Vincent Bettina Superintendent of Highways Cc: Mr. Robert Gray, Engineer to the Town Mr. Al Roberts, Attorney to the Town Mrs. Barbara Roberti, Zoning Administrator Mr. Richard Cantor Packet Pg. 34 FIRE INSPECTOR Mark 3. Liebermann DEPUTY FIRE INSPECTOR Tyler Pettit 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPP1NGER,US OA= -)n*7 111,211" k i - (845),297-297-0579 - Fax Office of the fire Inspector /oq W I U VV N U t- VV/_kt_' V I N U t= N SUPERVISOR Lori A, Nava In = � TOWN BOARD William H. Beale William Ciccarell! John Fenton Michael Kuzmicz Tpettit@townofwappinger.us A I MEMORANDUM 0 Date. 4/13/2017 8:21 AM From. Mark Liebermann - Fire Inspector To: Town -Board. Members 0 Copy; 0 Subject FIRE PREVENTION BUREAU MEMBERS 00 Attached please find letters from theTown's three fire district appointing members to the Fire Prevention Bure co for 2017. UJ These appointments require Town Board approval. C14 Thank You for your attention to this matter. CHELSEA FIRE DISTRICT: YVONNE TOMPKINS AND JAMES TOMPKINS C14 HUGHSONVILLE FIRE DISTRICT. BRUCE FLOWER AND ROBERT SCOTT BOSTWICK E NEW HACKENSACK FIRE DISTRICT: ROGER MUNOZ AND CHRIS HEADY I E DO APR 13 2017 TOWN OF WAPPINGER TOWN CLERK I Packet Pg. 35 1 Packet Pg. 36 fe Tire Distn-ct T. 0. Box 545 — Town of Wappinger 5fughso irvifre, Asim Tork 1253 7 www.HFD45.org Tek (84S)297-4194 ifsetssocoxdW-du AY4.id T&r (845) 2.97-4560 VfT"fi x$004; Board of Fire Commissioners Ronald P. Andrews — Chairman Timothy N. Laffin — Chief of Department William Spinelli — Deputy Chairman Edward J. D'Anna — I" Assistant Chief Erin Beale —John Lorenzini, Tyler J. Pettit 2"8 Assistant Chief Mark Liebermann April 1.2, 2017 rowN IvSP-C7-,, Ap To mark Liebermann, The Hughsonville Fire District would like to recommend Robert Scott Bostwick and Bruce Flower to the Fire Prevention.IBure 0,,Tepresent. the fire distnet..: Cbief Tim Laffin U--� C ii, - IEP APR 13 2017 Tom . _"_T. 'VVAPPINGER TO�VN CLERK I Packet Pg. 37 1 5.1.a New Hackensack Fire District 217 Myers Comers Road, Wappinc�er Falls NY 12590 Anthony Marquez Acting Chid Ff� APR 13 2017 'OWN OF WAPPINGER TOWN CLERK 217 Myers Corners Road * 'Wappingers .Falls, NY 12-590 * (845) 297-3897 * fax (845) 297-2122 Packet Pg. 38 Lori hava Town SuperV.1sor - Town of Wappinger 20 Middlebush Rd Wappinggers Falls, NY 12-590 ao1�-� f 9q - A R Op April 4, 2017 Municipal Shelter Inspection Report completed on 03/3012017. This Enclosed is the Mu C inspection relates to Agriculture and. Markets Laws and Regulations wbich may be x,iewed on C the website below. 0 as y As the. report indicates., do"Satisfactory"'. Please makenote of an g shelter services were rated 0 U comments listed on the report, CO Municipal. dog shelters are subject to inspection by this agency on a regular basis. Cm CO Please notit, this office within, 30 days of any changes in municipal shelter services. If you have any questions regarding this inspection, please call me. Cm Kim Volpe Cm Animal Health Inspector C (845) 325-30.764 E APR 13 2017 Division, e. Animal industry 'j IOBAirlinp- Dr. Albany. N,Y- 127351 (518) 45i-35021v.Nv,,�-,agr:culture,nv.gov - I Packet Pg. 39 5.1.a I -90 NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS ge I OT Z DIVISION OF ANIMAL INDUSTRY 10B AIRLINE DRIVE, ALBANY, NY 12235 MUNICIPAL SHELTER INSPECTION REPORT - DL -90 Rating: Satisfactory365 Purpose: Inspection DATEITOA: 3/30117 11;30 am blJT HESS COUNTY SPCA Inspector: Kiln Volpe Inspector* 6 636 VIOLET AVENUE HYDE PARK NY 12538 aregs of an inspection of your facility on the date(s) indicated These findings ...... _ �.......� _ ... w _ _ .0 - as 1. Shelter is structurally sound Yes 2. Housing area and equipment is sanitized regularly Yes 3. Repairs are done when necessary Yes The runs numbered 3, 4, 8, 17, and 18,continue to be unused. They cannot be property disinfected to preve spread of disease. 4. Dogs are handled safely Yes S. Adequate space is available for all dogs Yes 00 S. Light is sufficient for observation Yes 7. Ventilation is adequate Yes s 8. Drainage is adequate Yes �. 9. Temperature extremes are avoided Yes 10. Clears food and water is available and in ample amount Yes 11. Veterinary care is provided when necessary Yes 12..Dogs are euthanized humanely, by authorized personnel Yes 13. Complete intake and disposition records are maintained for all seized dogs Yes 14. Dogs transferred for purposes of adoption in compliance with Article.Z Yes Alkdogs are transferred to the DCSPCA after the redemption period for.adoption purposes, � 15. Redemption period is observed before adoption, euthanasia or transfer Yes 16. Owners of identified dogs are properly notified Yes 17. Redeemed dogs are licensed before release Yes The licenses are issued in the municipal towns. 18. Proper impoundment fees paid before dogs are released Yes All impoundment fees are paid directly at the municipality. 19. Written contract or lease with municipality Yes Packet Pg. 40 Packet Pg. 41 Town - CitY - Village Information for Inspection: TCV CODE TCV NAME Town of Beekman 1304 Town of Hover 1305 Town of East Fishkill 1306 Town of Fishkill 1307 Town of Hyde Park 1311 Town of Pawling 1313 Town of Pleasant Valley 1315 Town of RedlHook 1318 Town of Union Male 1319 Town Of Wappinger 1320 Town of Washington '132 1 City of Sewn 1322 City of Poughkeepsie REIViAfKS. 0 REPRESENTATIVE PRESENT POFD INSPECTION: TITLE: Intake and clinic Melanie Fatsers g REVIEWED BY, E101se Herrman REVIEWED DATE.", o CL sL o 00e CD LLJ ,, CD CD.. .....rw ,m..::rl.... Packet Pg. 41 5.1.a dol1f)q Ig q -cam -jut.A.FECKNIANN APPRAISALS, s 67 MAIN STREET TAPPAN, NEW YORK 10983 .REAL PROPERTY APPRAJSER.S, ANALYSTS AND C ONSULTANTS William R. Beckmann, MAI, CRE, FRICS, Certified General Real Estate Appraiser Mona Parker, Certified General Real Estate Appraiser (845) 359-0470 fax (845) 359-3652 Ann Marie Mulholland, Certified General Real Estate. Appraiser Poh Sian Lim Png, Certified Gen Real Esta Ee Appraiser wwr�.beckmannapprAisals.com CF -t April 4, 2117 NAZ •i ✓ L gni }3 .M.. Lon Jima, Supervisor,� Town of Wappinger l Plsop. OFFICE 13 20 Middlebush Road 0 wappingers Falls, NY 12590 Re: Property owned by: Town ofWappinger .. k Identified as a portion of Parcel ID #135689-6257-t13-16246 (the "Property") PI'S # 8755.44:Rehabilitation of Old Hopewell Read (CR 28},00 US Route,,9 to All Angels Hill Road (CR 94), County ofDutc .ess, NY Map # 35 Parcel #37 co Dear. Supervisor Jiava: e The Countrequests that you y �1 y provide a Town Board Resolution specifically authorizing the Town Supervisor to execute, acl nowledge .anl deliver t e contracts of sale, easements and other documents required to effect the transfer of the easements including ancillary documents required for , recordin '`fiery truly youxs;.: w..: VE [D wilharn R. Becker MAI, CRE v+ t APR 13 2017 TOWN OF if APPINGER TOWN CLERK Packet Pg. 42 5.1.a ��CKAMANN APPRAISALS, Inc. 671lIADi STREET TAPP_AN, NEW YORK 10983 REAL PROPERTY AI'PRA S.JEI S, ANALYSTS AND CONSULTANTS William R. Beckmann;, MAI, CRE, FRICS, Certified General Real Estate Appraiser Mona Parker, Certified General. Real Estate Appraiser (845) 359-0070 Ann Marie. Mulholland, Certified General Real. Estate Appraiser fax (845).359-3652 Poh Sim Lim Pm, Certified General Real Estate Appraiser ww w-heckznannappraisais,eom April 4, 2017 RECEIVED R Lori Jia a Supervisor, Town of NTappinger SUPERVISOR OFFICI 20 N ddlebush Road Wappingers Falls, Z 12590 Re: Property owned by: Town of WaPP � ire er 0 Identified as a portion of Parcel ID #135689-6257-01-405571-0000 (the 'Troperty") PIN # 8755.44: Rehabilitation of told Hopewell Road (Cid. 28), 00 US Route 9 to..All Angels Hill Road {CR 94), County of Dutchess, NY Map # 54 Parcel #57 co ui Dear Supervisor Jima: �. e e The County requests that you provide a Town Board Resolution specifically authorizing the Town Supervisor to execute, aeekz o 1ed,ge and deliver the contracts of sale, easements and other documnts required to effect the transfer of theeasements including ancillary documents required for recording. Very truly yours, William R. Beckmann, MAI, CRE WRBI Packet Pg. 43 MARCUS J. MOLINARO COUNTY EXECUTIVE a , w L' COUNTY OF DUTCHESS DEPARTMENT OF PLANNING AND DEVELOPMENT April 13, 2017 To: Town Board, Town of Wappinger Re: Referral # 17-096, Local Law #2 of 2017 5.1.a EEOIN WRAFTER, AICP COMMISSIONER The Dutchess County Department of Planning and Development has reviewed the submitted referral for countywide and intermunicipal impacts as outlined in General Municipal Law (Article 12B, §239-1/m). ACTION The Town Board is considering passage of Local Law #2 of 2017, which would repeal Chapter 117 (Environmental Quality Review) of the Town code. COMMENTS When considering the adoption of this Local Law, the Town Board should take into account that the SEQRA does allow municipalities to adopt their own lists of Type I and Type II actions, as long as the municipalities lists of these actions is no less protective of the environment than those provided in the SEQR regulations. RECOMMENDATION The Department recommends that the Board rely upon its own study of the facts in the case with due consideration of the above comments. Eoin Wrafter, AICP Commissioner By Brad Barclay Senior Planner 1151 0111 9FP`/IE10 APR 17 2017 TOWN OF WA,PPINGER TOWN GI....ERK 27 High Street, Poughkeepsie, New York 12601 • (845) 486-3600 • Fax (845) 486-3610 Packet Pg. 44 www.dutchessny.gov 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPPINGER.US (845)297 -4158 -Main (845)297 -0720 -Direct (845)592 -7433 -Fax ! TOWN OF WAPPINGEFP9d:f/6y9*- 5.1.a• RECREATION DIRECTOR Recreation Department Jessica Fulton RECREATION COMMITTEE CHAIR Ralph Holt MEMO TO: LORI JIAVA, TOWN SUPERVISOR WILLIAM BEALE, COUNCILMEMBER WILLIAM CICCARELLI, COUNCILMEMBER JOHN FENTON, COUNCILMEMBER MICHAEL KU%MIC%, COUNCILMEMBER FROM: JESSICA FULTON, RECREATION DIRECTOR DATE: April 19, 2017 SUBJECT: Pickleball RECREATION SECRETARY Donna Lenhart At a prior meeting, the Town Board approved the start of an outdoor pickleball program. We have scheduled the program to begin May I", at the Martz Field Tennis courts. Mondays: May 1, 8, 22, 29, June 5, 12, 19, 26 9:00 a.m. - 11:00 a.m. The courts at Pye Lane, Town of Wappinger $50/resident fee, $65/non-resident fee Recreation Dept: 297-0720 7-0 I would like to request that the Board approve lie luring of Marie Wildman as our instructor at a cost of $200 for the entire session paid out of the new line A7140.102. Ms. Wildman is the person who brought pickleball to us in the first place. Awhile back, she sent in a letter suggesting that one of our tennis courts be converting into a pickleball court and offered up her expertise to teach a clinic liere in Wappinger. We gauged the interest in adding pickleball to the Wappinger Recreation line up, and have received enough to ensure that the prograin will run. Therefore, we are very happy to reconunend Ms. Wildman for the position of Town of Wappinger pickleball instructor. [ 00"EVED Jessica Futon APR 19 2017 Recreation Director TOWN ®F WA'GER TOWN CLERK Packet Pg. 45 010/ � 1014 lay - 0 AID iRk 17 201 � -' pril 13, 2017 Lori hava Town. Supervisor - Town of Wappinger Z¢siculture Markets 010/ � 1014 lay - 0 AID iRk 17 201 � -' pril 13, 2017 Lori hava Town. Supervisor - Town of Wappinger 20,Middle-bush Rd: Wappingers Falls; NY 12590 Enclosed is the Dog Control Officer Inspection Report completed on 04/05/2017. This inspection relates to Agriculture and Markets Laws and, Regulations'Which, may be viewed on the website below. As the report indicates, DCO services were rated "Satisfactory"'. Please make note of any comments listed on the report. co Dog control officer services are subject to inspection by this agency on a regular basis cm Please notify this office NNrithin 30 days of any changes in DCO services. co If you have any questions regthis inspection, p lease calline. cm Eloise Herm-lan cm Supervisor Animal Health Inspector (845) �) 325-21621 E .... . ....... .... M MID APR 2 0 2017 TOWN OF WAPPINC-,-Z TOWN CLERK Division of Animal Industry 1106 Airline Dr. Albany, MY_ 17235 8, 457-3502 agricuftwe,nv gov I Packet Pg. 46 DL -59 NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS DIVISION OF ANIMAL INDUSTRY 1013 AIRLINE DRIVE, ALBANY, NY 12235 DOG CONTROL OFFICER INSPECTION REPORT - DL -89 Rating: Satisfactory3as Purpose: Inspection DATEITOA: 415117 11:00 am Page 1 ot 1 JERALP ESUS20 MIDDH ROAD Inspector: Eloise Herrman Inspector#, 11 WAPPINGERS FALLS NY 12590 These are the findings of an inspection of your faci[4 on the date(s) indicated above: 0 1. Equipment is available for proper capture and holding 2. Dogs are held and transported safety Yes Yes 0 3. Equipment maintained in clean and sanitary condition Yes 4. Veterinary care is provided when necessary Yes ,6. Dogs are euthanized humanely Not Applicable 0 U Shelter Handles I- 6. Complete seizure and, disposition records.are maintained for all seized dogs Yes 00 7. Dogs transferred for purposes of adoption in compliance with Article 7 Yes C4 S. Redemption period is observed before adoption, euthanasia or transfer Yes 9. Owners of identified dogs.are property notified Yes UJI 10. Redeemed dogs are licensed before release Yes C4 11. Proper impoundment, fees: paid before dogs are released Yes C14 Town - City : Village Information for Inspe6fion: E TCVCODE TCVNAME Town OfyvqpPin , ger Additional Information for Inspection: Number of Dogs Seized: Number of dogs seized since previous inspection: 8 Associated Municipal Shelter(s): Name of Shelter(s): DCSPCA REMARKS: Crate is starting to rust, a new one will be needed shortly. REPRESENTATIVE PRESENT FOR INSPECTION: Gerald Owen REVIEWED BY: David Chico TITLE: DCO, REVIEWED DATE: 041071rPa,,. 9.1.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.2 of the year 2017 A local law entitled "Local Law No. 2 of 2017, for the Purpose of Repealing Chapter 117, Environmental Qualitv Review. of the Town Code." 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. 48 LOCAL LAW No. 2 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 "Local Law No. 2 of 2017, for the Purpose of Repealing Chapter 117, Environmental Quality Review, of the Town Code." Section 2: Legislative Intent The Town Board believes that it is reasonable and appropriate to repeal Chapter 117, Environmental Quality Review, of the Town Code. 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: Repeal of Chapter 117, Environmental Quality Review, of the Town Code Chapter 117, Environmental Quality Review, of the Town Code is hereby repealed. Section 4: 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 5: 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 6: 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 4 9.1.a Packet Pg. 49 legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such 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 7: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. J:\DOCS2\500\Wappinger\Code Amend mts20l7\wegr repeal LL.dhs.doc 3 9.1.a Packet Pg. 50 Ap r. 13. 2017 3:17PM M PLUS J, MOONAR0 C e'0U 7-Y ZXE,,C:Lrf1VF April 13, 2017 COUNTY OF D UTGHESS DLI;ARTMENT r:= PLANNNG AND DFV2[,0PMENT To: Town board, Town of Wappinger Re: Referral # 17-096, Local Lew #2 of 2017 No. 0103 P. 2 9.1.b EOIN WRAFTER, AIC P C ON4MISS10m-7R The Dutchess County Department of Planning and Development has reviewed the submitted referral for countywide and intermunicipal Impacts as outlined in General Municipal Law (Article 1213, §239-Ijm). ACTION The Town Board is considering passage of Local Law #2 of 2017, which would repeal Chapter 117 (Environmental Quality Review) of the Town code, COMMENTS When considering the adoption of this Decal Law, the Town Board should take into account that the SEQRA does allow municipalities to adopt their own lists of Type I and Type 11 actions, as long as the municipalities lists of these actions is no less protective of the environment than those provided in the SEAR regulations. RECOMMENDATION The Department recommends that the Board rely upon its own study of the facts in the case with due consideration of the above comments. t=- Eoin Wrafter, AICP Commissioner by Brad Barclay Senior Planner 2017 F^ TOWN OF yVAPPIN E 0VV '`.. Packet Pg. 51 2 r+ 7 Hlvh Srrar. FniivhkPPrcla Ynrk 72601 * (6451 186-^600+ Fax (845) 486-3610 9.1.c State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Sianificance Date of Adoption: April 24, 2017 Name of Action: Local Law Which Would Repeal Chapter 117, Environmental Quality Review, of the Town Code Implementing Regulations: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. Determination: The Wappinger Town Board, as Lead Agency, has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. SEAR Status: Unlisted Action Conditioned Negative Declaration: No Description of Action: The Proposed Action is a Local Law which would repeal Chapter 117, Environmental Quality Review, of the Town Code. Location: Town of Wappinger, Dutchess County Reasons Supporting This Determination: The New York State Environmental Quality Review Act (SEQRA) regulations implementing Article 8 of the Environmental Conservation Law originally became effective in the late 1970s. Back in that era it was relatively common for communities to enact their own local regulations and in March of 1977 the Wappinger Town Board adopted Local Law No. 2 of 1977 to enact Chapter 117, Environmental Quality Review, of the Wappinger Town Code. Also quite common in recent years is for communities to repeal their local regulations in favor of using Part 617 of the New York Code of Rules and Regulations, which are the State regulations implementing Article 8 of the Environmental Conservation Law. Communities which do not have their own local regulations simply use the State regulations, which is what the Town of Wappinger would do upon repeal of Chapter 117 of the Town Code. Part 617 has been amended over the last 40 years and all local regulations implementing SEQRA must be at least as environmentally protective as the State regulations. Communities have abandoned their local regulations in favor of using the State regulations to ensure consistency Packet Pg. 52 State Environmental Quality Review, Negative Declaration, Notice of Determination of Non -Significance between the local and State regulations as the State regulations are amended, in order to avoid inadvertent inconsistency with the State regulations and for other reasons. Therefore, the repeal of Chapter of 117 will not result in the Town of Wappinger being less environmentally protective as required by Article 8 of the State Environmental Conservation Law. The Proposed Action is not expected to result in any significant adverse impacts on the environment. More specifically: 1. The Proposed Action does not directly involve construction on, or physical alteration of, any properties. 2. The Proposed Action will not have a significant adverse environmental impact with respect to any unique or unusual land forms. I The Proposed Action will not have a significant adverse environmental impact on any wetlands or other surface water bodies. 4. The Proposed Action will not have a significant adverse environmental impact with respect to new or additional use of ground water, and will not have a significant adverse environmental impact with respect to the introduction of contaminants to ground water or an aquifer. 5. The Proposed Action will not have a significant adverse environmental impact with respect to the development of lands subject to flooding. 6. The Proposed Action will not have a significant adverse environmental impact on any State regulated air emission source. 7. The Proposed Action will not have a significant adverse environmental impact with respect to the loss of flora or fauna. 8. The Proposed Action will not have a significant adverse environmental impact on agricultural resources. 9. The Proposed Action will not have a significant adverse environmental impact on any scenic or aesthetic resources. 10. The Proposed Action will not have a significant adverse environmental impact on any historic or archaeological resources. 11. The Proposed Action will not have a significant adverse environmental impact with respect to the loss of recreational opportunities or with respect to a reduction of an open space resource as designated in any adopted municipal open space plan. 2 9.1.c Packet Pg. 53 State Environmental Quality Review, Negative Declaration, Notice of Determination of Non -Significance 12. The Proposed Action will not have a significant adverse environmental impact on a Critical Environmental Area (CEA). 13. The Proposed Action will not have a significant adverse environmental impact on existing transportation systems. 14. The Proposed Action will not have a significant adverse environmental impact as a result of an increase in the use of any form of energy. 15. The Proposed Action will not have a significant adverse environmental impact as a result of an increase in noise, odors or outdoor lighting. 16. The Proposed Action will not have a significant adverse environmental impact on human health from exposure to new or existing sources of contaminants. 17. The Proposed Action will not have a significant adverse environmental impact as a result of being inconsistent with adopted land use plans. 18. The Proposed Action will not have a significant adverse environmental impact as a result of being inconsistent with the existing community character. 19. The Proposed Action will not have a significant adverse environmental impact on the supply of housing in the Town. Conclusion: Based upon this information and the information in the Full Environmental Assessment Form, the Town Board finds that the adoption of the proposed Local Law will not have any significant adverse impacts upon the environment. This Negative Declaration indicates that no environmental impact statement need be prepared and that the SEQRA process is complete. Lead Agency: Wappinger Town Board Wappinger Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 For Further Information Contact: Supervisor Lori A. Jiava Wappinger Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 (845) 297-2744 J:\DOCS2\500\Wappinger\Code Amendmts2017\wegr repeal neg dec.dhs.doc 3 9.1.c Packet Pg. 54 9.2.a DOG CONTROL HOUSING AGREEMENT THIS AGREEMENT, made this day of 2017,.by and between DUTCHESS COUNTY SPCA, a New York Not -For- Profit Corporation having an address of 636 Violet Avenue, Hyde Park, New York 12538 Hereinafter referred to as "DCSPCA" and TOWN OF WAPPINGER, a municipal corporation Hereinafter referred to as the "TOWN" WHEREAS, the TOWN OF WAPPINGER Dog Control Officer, hereinafter referred to the "DCO", is empowered to seize dogs pursuant to the provisions of Agriculture and Markets Law Article 7, § 1.1.7; and. WHEREAS, this Agreement applies only to dog(s) seized by the DCO that are running at large; and WHERES, pursuant to Agriculture and Markets Law Article 7, § 117, dogs seized by a DCO are required to be properly fed and watered during the applicable redemption period; and WHEREAS, DCSPCA maintains a kennel for boarding dogs and other animals at its office located at 636 Violet Avenue, Hyde Park., New York, 12538; and WHEREAS, the TOWN wishes to contract with DCSPCA to provide shelter for dogs seized by the DCO upon terms and conditions hereinafter set forth. NOW, THE,RFORE, it is hereby agreed by and between DCSPCA and the TOWN as follows: 1) RECITATION INCORPORATED: These recitations above set forth are incorporated in �- this Agreement as if fully set forth and recited herein. 2) TERM OF AGREEMENT: This agreement shall be become effective January 1, 2017 and shall continue until December 31, 2017. 1 Packet Pg. 55 9.2.a 3) BOARDING: DCSPCA hereby agrees to provide boarding, which included shelter, food and water, as required by the Law for the following dogs: a) Any/all dogs running at large (stray) seized by the DCO as outlined by the Agriculture and Markets Law Article 7, § 1.17(1) & (2); and b) Any/all dogs who have been seized by a court order pending a "dangerous dog" hearing, as outlined by the Agriculture and Markets Law Article 7, §1.23(2). All dogs seized by the DCO shall be delivered to the offices of DCSPCA at 636 Violet Avenue, Hyde Park, New York 12.538, 4) HOLDING PERIOD: In order to provide the owners a reasonable time period in which to reclaim their seized dog, the DCSPCA and the TOWN agree to the following: a) For dogs running at large (strays): i) Dogs that are not appropriately identified, as outlined by the Agriculture and Markets Law Article 7, § 117(4), will be held for seven (7) days from the date they enter the shelter; ii) Dogs that are appropriately identified, as outlined by the Agriculture and Markets Law Article 7, §1.1.7(6), will be held for eleven (1.1) days from the date they enter the shelter. The TOWN is responsible for notifying the owner of the seizure, as per the Agriculture and Markets Law Article 7,§ 117(6).. iii) Upon expiration of the above stated holding periods, any and all dogs that have not been reclaimed by their owner, will become the property of the DCSPCA, as outlined by the Agriculture and Markets Law Article 7,§117 (7- a). b) For dogs seized under a court order pending a "dangerous dog hearing" as outlined by the Agriculture and Markets Law Article 7, § i 23(2)as per Dogs will be held until final disposition by the court DR a maximum of fourteen (14) days, whichever comes first. If the final hearing has not been held by the end of the fourteenth day, the T owN will be responsible to make alternate arrangements housing of such dogs. The DCSPCA may consider continued housing on a case by case basis to be negotiated with the TOWN. c) Unclaimed dogs will be evaluated by the DCSPCA staff to determine if a dog's disposition and temperament will enable it to be adopted. If the dog is determined to be adoptable, it will be placed for adoption by the DCSPCA. if the dog is determined to not be adoptable, the DCSPCA will determine the best options for the dog. The DCSPCA reserves the right to handle the final disposition of dogs determined to be unadaptable within the Mission Statement of the DCSPCA. Cm C 4) Packet Pg. 56 9.2.a 5) RABIES VACCINATION: As outlined by the Agriculture and Markets Law Article 7, §109(1)(a), for all dogs that are to be reclaimed, the owner rnust provide proof of town license, including proof of rabies vaccination. As such, the DCSPCA will not release any dog to its owner without proof of current town license and rabies vaccination. In the event that the dog is not up-to-date on its rabies vaccine and/or the owner is unable to provide proof of such vaccine to the TOWN, the DCSPCA will administer a rabies vaccine to the dog prior to redemption and will charge the owner for the cost of this service. 6) EMERGENCY VETERINARY CARE: In the event that a dog that is boarded is determined, by best judgment of the DCSPCA medical staff, to be in need of ernergency veterinary care, the DCSPCA will arrange medical care for the dog. The TOWN will be charged for the veterinary fees as incurred by the DCSPCA only in the event the dog is not redeemed by the owner. The TOWN shall have the right to recoup the fees from the owner. 7) FEES: a) Boarding: i) The DCSPCA boarding fee is $40.00 per day. The first day is charged upon. admission to the shelter and each subsequent day is calculated upon the dog being on the DCSPCA property at 12:00 am each day. ii) For dogs that are reclaimed by their owner, the owner will be required to pay the boarding fee directly to the DCSPCA. If an owner is unable or unwilling to pay this fee within the holding period, the dog will not be released to the owner and the dog will become the property of the DCSPCA upon expiration of the holding period. iii) For dogs that are not reclaimed by the owner, the DCSPCA will invoice the TOWN for the boarding fee. iv) For dogs that have been seized due to running at large and have been previous deemed a "dangerous dog„ by order from a Court of competent jurisdiction AND dogs that have been seized by court order pending a dangerous dog hearing, there will be fee of $150.00 in addition to any and all daily boarding fees. b) Rabies Vaccination: i) The fee for a rabies vaccine is $25.00 co ii) For dogs that are reclaimed by their owner, the owner will be required to pay the vaccine fee directly to the DCSPCA. If an owner is unable or unwilling to pay this fee within the holding period, the dog will not be released to the owner and the dog will become the property of the DCSPCA upon expiration of the holding period. iii) For dogs that are not reclaimed by the owner, the TOWN will not be billed for the rabies vaccine. U isis 3 Packet Pg. 57 c) Emergency Veterinary Care i) For services provided by the DCSPCA medial team, the DCSPCA usual and custornary fees will be applied. ii) For care that requires services from a community-based veterinarian, the actual fee frorn the veterinarian will be applied. The DCSPCA will make the determination of which community-based veterinarian will be utilized. iii) For dogs that are reclaimed by their owner, the owner will be required to pay the medical care fees directly to the DCSPCA. If an owner is unable or unwilling to pay these fees within the holding period, the dog will not be released to the owner and the dog will become the property of the DCSPCA upon expiration of the holding period. iv) For dogs that are not reclaimed by the owner, the TOWN will be billed for the medical care fees. The TOWN shall have the right to recoup the fees from the owner. 8) RECLAIM/REDEMPTION OF DOGS: In an effort to simply the billing process for both the DCSPCA and the TOWN, both parties agree that for those cases in which the owner wants to reclaim their dog, the owner must pay any and all TOWN fees/fines directly to the TOWN and directly pay any and all DCSPCA fees directly to the DCSPCA. As such, the following process will be employed: 5 a) All owners will be informed by the TOWN and/or the DCSPCA of the necessary X Ui documentation and fees to be paid in order to reclaim their dog as well as the process to accomplish this task, b) Upon payment of the town fee, the 1"OWN will issue a copy of the Agriculture and 0 Markets Department Form DL, -l8 (or comparable form) to the dog owner or designee, which will evidence that the TOWN has received all TOWN reclaim/redemption fees. The owner will be instructed to present this documentation to the DCSPCA to reclairn 0 their dog. Additionally, they will be informed of the need to pay the boarding and other applicable fees directly to the DCSPCA upon reclaiming their dog. c) The DCSPCA shall be available to process reclaims of dogs at its office oil the following 00 days: i) Monday thru Friday: 8:00 am to 4:00 pm. C4 co ii) Saturday and Sunday: 12:0�O pan to 4:00 pm iii) Dogs may not be reclaimed on observed holidays E 9) KENNEL SPACE- At all times, the DCSPCA will provide kennel space for all dogs that are seized; the Dog Conti -of DCO will have twenty-four (24) hour access to DCSPCA kennels for the delivery of dogs. The DCO will be required to complete DCSPCA paperwork and ensure that the dog has food, water and bedding in its kennel. C4 E U 4 I Packet Pg. 58 1 9.2.a Iii) INCiENINIFICATION: The DCSPCA shall defend, indemnify and hold the TOWN, its officials, officers and employees harmless from and against all actions, proceedings, claims, damages, liabilities, lasses and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful actions of the DCSPCA. The TOWN shall defend and indemnify and hold the DCSPCA, its officials, officers and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful acts or admissions of the TOWN. 11) APPLICABLE LAW: This Agreement shall be governed by, construed and enforced in accordance with the laws of New fork with regard to conflicts of laws and principles of law.. 12) WAIVER: No waiver of any breach of any condition of this Agreement shall be binding unless in writing and .signed by the party waiving such breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for repetition of such or any other breach unless the waiver shall specifically include the same. 13) MODIFICATION: This agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. 14) NOTICES: All notices, demands, requests, consents, approvals or other communications (for the purpose of this paragraph collectively called "Notices") required or permitted to be given hereunder to any party to this Agreement shall be in writing and shall be sent overnight delivery service or registered or certified mail, return receipt requested, postage prepaid. 1.5) SUCCESSORS and ASSIGNS: This Agreement shall apply to bind the successors and heirs, administrators and executor of the parties hereto. 16) ENTIRE AGREEMENT: This written Agreement, when signed by all paries, forms the entire Agreement between the parties and replaces and supersedes all prior Agreements or undertakings between the parties, if any. 17) BINDING EFFECT: This Agreement shall be binding on the heirs, executors, ams administrators, successors and assigns of the parties hereto. 18) AUTHORIZATION: This Agreement was authorized by resolution of the Town Board of the TOWN OF WAPPIuNGEr duly adopted at a regular meeting of the Town. Board held on the day of s Packet Pg. 59 I9) TERMS: This contract can be cancelled at any time from either party with sixty (60) days written notice. 20)PAYMENT: All bills submitted to the TOWN will be paid within sixty (60) days. If no payment is made to the DCSPCA within sixty (60) days the DCSPCA reserves the right to charge a $50.00 per month surcharge, IN WITNESS WHEREOF, the parties have executed this Agreement in two (2) counter parts, each of which shall constitute an original, the day and year first above written. DUTCHESS COUNTY SPCA By: Wayne Mabey, President, Board of Directors TOWN OF WAPPINGER By: E. Lori Jlava, Supervisor 5. I Packet Pg. 60 1 AGREEMEN'r THIS AGREENIENT, bearing the date set, forth on the signature page, by and between the COUNTY OF DUTCHESS, a InUniCipal corporation with offices at 22 Market Street, Poughkeepsie, New York, 12601 (hereinafter refierred to as "COUNTY") and TOWN OF WA.PPINGER, a municipal corporation, whose address is 20 Middlebush Road, Wappingers Falls,, NY 12590, (hereinafter referred to as the "MUNICI,PALITY") WITNESSE'll'I'll: WHEREAS, Article 5G of the General Municipal Law provides joint services to participating municipal corporations and permits contribUtory funding by the respective i I municpal corporations, according to the amount of services received, and WHEREAS, a joint service transportation system pro ran? is being provided fbr the general public in some municipalities in the Count� of DUtchess', and WHEREAS, the: Town Board ofthe Town of Wappinger has agreed to support the prograrn in an attrourit not to exceed FIFTY SEVEN THOUSAND SEVEN HUNDRED THIRTY and 00/ 100 ($57,730,00) 1>01,,111ARS anflUally, payable on a quarterly basis (April, July, October and January) for the prior ClUarter WHEREAS, the County of Dutchess will provide a, Dial -A -Ride public transportation system in the participating municipalities, now, therefore, it is mutually agreed by and between the parties hereto as, follows: I SCOPE OF SERVICES. The County will provide a Dial- -Ride trap spon,ation system in the participating municipalities, in accordance with the Exhibit "A" annexed hereto and made a part of this Agreement. If any term of the Scope of Set -vices contradicts or creates and ambiguity Withany term of the Agreenient, the Agreement shall govern, 1 TERM OF AGREEMENT, This Agreement shall be: elfective January 1, 2017 and shall terminate on December 31, 2017, unless otherwise terminated as set forth herein 3. TRANS,DOOR ION AI.)VISORY BOARD. The Supervisor or Mayor of each I '....- . .......... participating municipality shall appoint a representative of the Municipality as a mcinber of the Transportation Advisory Board, which Board will review the operation of the systern to ensure its responsiveness to the needs, of the general Public of the municipalities being served. 4, PAYMENT, The Municipality will pay to the Count, PLUSuant to a signed y Voucher submitted, to the Municipality, payments according to the schedule of collections I Packet Pg. 61 1 attached hereto, made a pai-t hereof and marked Exhibit "B", Payments by the Municipality will not exceed $57',730.00 during the term of this Agreement. 5. TE.RMINATION (a) its tztuse, The County may terminate this Agreement upon ten (10), days' prior written notice to the Municipality of its intent to terminate without cause. (b) With cause, The County may terminate this Agreement effective immediately, with subsequent written notice to be given to the Municipality ol'ternii nation with cause (c) The Municipality niay terminate this agreement by providing written notice: to the COLIIII)r no less than thirty (30) days prior to the expiration of each quarter. 6. NOTICE `Except as otherwise provided in this Agreement, 110tiCe required to be given pursuant to this, Agreement shall be made in writing, by certified nrail or registered mail, postage pre -paid, addressed to the following or such other person as the parties may designate and also by email as shown below� FOR,r[iE COLJNJY� Robert, Balkirid, Cornnussioner Dutchess County Crept. ofPublic Works 626 Dutchess Turnpike Poughkeepsie, NY 12601 (email: rbalkindigdUtchessny.gov) FOR,rtiE muNICIPALI'm Lori A Jiava, Town Supervisor. Town of"" appin er 20 MiddlebUsh Road Wappingers Falls, NY 1,2590 (email: Iiiam, townofwappinger,us) Carol A, Bogle, Esq Chief Assistant County Attorney Dutchess CoL,trity Attorney's Of 22 Market Street, 51h Floor 11'oughkeepsie, NY 12601 (email: cbogle@lduteliessny.gov) T NON-DISCRIMINATION, No services to be rendered pursuant to, or in connection with, this Agreement may be refiused to any person because of age, race, color, creed, sex, national origin, disability or marital status, Municipality shall take all affirmative Steps necessary, to ensure equal employment opportunities without discrimination because of age, race, color, creed, sex, national origin, disability or marital status and to comply with all federal state, and local civil rights laws including, but not limited to, the Americans with. Disabilities Act. '.',A.,R,G-E,rj.N " G. T'he Cu onty will provide: service to the general public, The Municipality, along with the.Dutchess Count), Office for Aging, will engage in various activities, including outreach, referral, and publicity in order to serve thegeneral public. The Municipality will, to the maximurn extent feasible, work to serve elderly people, minorities, and people with disabilities in at least the same proportion as they are represented in the entire population of the File #: 12298 2 I Packet Pg. 62 1 municipality. The Municipality will inforin the Division of Public'Fransit of its targeting activities, in its Monthly Report provided to the 1'ransit. Administrator, 9� EXTENSION This contract may be extended for additional periods of one year . . . . ......... cach, not exceeding in total five f5) years, upon such terms and conditions as may be agreed upon between parties 10. IN-I)EMNIFIC."A'FION'. The County agrees to indernnify and hold the Municipality harmless firom and against all liability, loss, damage or experise, including reasonable counsel fees, which the Municipality may incur as a result of the County's operation ofthe Dial A Ride bus systern pursuant 'to this Agreement, 'ro SCCLffe this obligation, the County shall name the Municipality as "additional insured" under its bustautorriobile liability inSUrance policy and provide proof of such coverage to the Municipality, IL EN'T."I"RE AGREEMENT. The terms ofthis Agreement, HICIUding its attachments ........ ........... . . and exhibits, represent the final intent of the parties, Any modification, rescission or waiver of the terms of the Agreement must be in writing and executed and acknowledged by the parties Nvith the same formalities accorded this basic Agreement, IN WITNESSWIIEH�EOF., the parties hereto have executed this Agreement. APPROVED AS TO FORM:ACCEPTED� COI. N'ry OF DUTCHESS BY: County Attorney's Office Marcus J, Molinaro, County ExeCLAIVe APPROVED AS TO CONTENT: TOWN OF WAPPFNGER BY: . ....... . . .. . ....................... . .......... ............. . ------- Department of Public Works Lori A. Jjava, ToNVrjj Supervisor Public Transit I Packet Pg. 63 1 Dilutchess County Public Transit Dial-A-Ridie and Flex Service Policy and Procedures VWTUMr-- Dial -A -Ride is a CUrb-to-curb transit service open to the geneiraI public that operates between the hours of 8:00am and 4:30 pm Monday thriough Friday. In order to serve the special transit need'is of the public, the service is offered oMy to those who live outside of fixed routes. If a portion of your trip can be accommodated by the fixed route, that portion is not eligible to be book,ed on Diial-A-Ride, Onie must be a resident of and have a trip origin in one of the following communities I Towns of East Fishkil�l, Fishkil�l, Hyde Park, Poughkeepsie, Wappilnger, or the City of Poughkeepsie. in M M. r? M rol M ffmg a M = Dial -A -Ride service operates in the Towns of East Fish ill„ Fish ill, Hyde Park, Poughkeepsie, Wappinger, the City of Poughkeepsie, and other locations according to schedule (please see page 5 for each town's schedule), What is Flex Service? i -ex iis a curb -to -curb transportation service opein to the generail puli that operates between the )ours of 900 am and 1:45prn Monday through Friday. mmmm". OE3181K= TI w;,, I Dial -A -Ride and Flex Revised 8/12/20,116 Paige 1 I Packet Pg. 64 1 In order to access Dial-A-Ricle aind/or Flex, an individuaPublic Transit prior to riding. To register, it is, required that an individual fill out a regiistration form and return it to the address bielow via United States maii, or submit the registration form online at ht�tp:�Lwwwddarapplication,a!sp, Once the lnformat�oni is verified as complete, each jindMclual will be notified by mail as to his/'heir registration status. Dial -A -Ride 14 Commerce Street Poughkeepsie NY 1,26013 Information provided on the registration form helps estabifish resident efi&Hity for the Djal-A-R�de service and compliance with manclated reporifing requirements. What are the Fares? Dial -fin, -Ride Senior Citizen (60 or older) - $1.00 one way Veteran - $1.00i one way General Fare - $3.66 one way Flex Trip originating and ending within the same town - $5.00 oine way Trip originating and ending in different towns - $6.00 one way When schedule all buis operators, wHI make scheduled additional stops and/or trips wilthin a mun�cipahty, however each additional stop wHi constitute a new fare. Passengers must call for reservations at (8 45) 473-8424 as eady as possible when in need of transit services, Dispatchers will accept reservations up to 30 days in advance aind no ater than 3 days before the r date of service between the hours of 8:00 iam and 4:iOO pm, Monday through Friday. (You must have an approved registration on file before making a reservation.) i To cancel a reservation, please call (845) 473-8424 at least 24 hours before the scheduled trip. Late cancellationis will require payment for the missed trip anid will be tracked for sanction (see "Late Cancellation Sanction policy" below). Me and Flex Revised 8/12/2016 Page 2 I Packet Pg. 65 1 When a ride is scheduled, passengers, must tell the dispatcher exactly where they are going, including additional stops. The bus operator muist adhere to the schedule from dispatch which cannot Ibe changed on the day of service, Passengers are limited to, a maximum four (4) s,hoppig bags or parcels, with a maximum, weight of 25 Ibs. per blag. Bags must be stored under the passenger seat or on the floor In front of the passenger seat. No packages may be on the seat or in the aisle at! any t!ime during the trip. Bus operators may assist passengers in carrying packages on and off the bus at the destination up•r. reqIuest, but the bus operator may not leave the bus unattended. In inclement weaither, passengers may wait inside their, homes until 10 minutes before the scheduI w time so that the dispatcher may call if there will be a delay. I Passengers should allow a 15 minute leeway in scheduled pick-up time. Be ready 15 minutes early, but be; prepared to wait 15 minutes longer than the schedulled pick-up time., Passengers must place fares in 'the faire box on their own. Those who are unable to, do so may receive ass,istanice from bus operators uipon request. Passengers must pay with exact fare. Bus operators are not permitted to make change or accept tips oirgifts of any kind. Passengers who wish to express a concern may ask to speak to a supervisor at (845) 473-8424, or thie County Transit Administrator at (845) 473-8521. Suggestions are welcome and may also be directed'to a supervisor, or the County Transit Administrator. Unresolved concerns may be referred to an appropriate Advisory Board representative from the passenger's municipality or agency by the County Transit Administrator or by the passenger. MM 1. Any passenger whose pattern of cancellations exceeds five (5) cancellations in one month will Ibe. sanctioned for one month following the fifth cancellation,. Any pre -arranged trips will be canceled until the following month. Any passenger whose pattern of canceilations exceeds fifteen (15) canceilationis in three months will be sanct�onecl for three months folloellation, No further trip requests wilIl be taken uintil two months and twenty-seven days after the sanction period is expired. Dial) -A -Ride ancl Flex IRevised 8/12/2016 Page 3 I Packet Pg. 66 1 3, All patterns will be determined on a concurrent basis, A passenger whose pattern of canciellations exceeds any oif the preceding guideIlines, must have twelve consecutive weeks of less than five (5) cancellations per month before his or her clock starts again, All major holidays will be observed, The Dial- -Ride Advisory Board will have the option of declaring additional holidays, V?M Cancellations due to poor driving conditions will be announced on all local radjo stations and on the Dutchesis County Public Transit website (wwwidutchessny.go under Public Transit) ails ear,ly as possible in the morning. ifthe weather changes during the day, announcements wfll bie ongoing. I I III I � I I IF I I !ii 1 11 If road conditions do not improve by 11:00 am, service will be canceled for the remainder of the day. Local radio stations will announce the cancellations throughout the day. The website will be updated throughout the day, The Dial -A -Ride Advisory Board, consisting of Dutchess County Public Transit and communi representatives, discusses poHcy and addresses challenges and concerns eixpressed by the program passengers, dispatchers, and bus operators. The Advisory Board is chaired by the Dutchess Coun Transit Administrator, I Participating Town Supervisors, the �M�ayor of Poughkeepsie, Human Service agencies, the Office Aging, the Poughkeepsie Dutchess County Transportation Council, and Taconic Resources Independence may appoint a representative to the Advisory Board�. I All operation policy decisions will be the soiie responsibility of Dutchess, County Public Transit, The Dial - A -Ride Advisory Committee will be consulted with, as aippropriat�e, before any policy or service community. . ....... . I -- -------- ------------------- --- - ... ............. Dial -A -Ride and Flex Revised 8/12/2016 Page 4 I Packet Pg. 67 1 EXHIBIT B DIAL -A -RIDE TRANSPORTAMN 10" M=RC1� Dial-A-R,ide scheduling m oy implement a cooperative scheidulefor all Diat-A -Ride trips, This cooperative scheduling will not affect increase the numbler of trips per day ovailable to each participont, Tho's " cooperative schedule will not incur any additional costs to I Packet Pg. 68 1 AGREEMENT IIIIS AGREEMENT, made this day of 20 , by and between the COUNTY 01DUIVIAESS, a municipal corporation with offices at 22- Market Street, POughkceps ie, York 12601 (hereinafter referred to as the "'COUNI'Y") and TOWN OF WAPPINGER, a municlp<ijjty N�qtliin Dutchess County, whose address is 20 Middlebush Road, Wappingers FAs, New York 12590, (hereinafter referred to as the "MUINICIPAL11'Y"). TV I TN E S S E TIL, WHEREAS, New York State General 'IMunicipal Law Section 219 requires, local M Unicipal i ties to refer apphcations for certain planning and zoning actions to the Dutchess County Depar-tinent of Phtrinilig ck, Devc1opi-rient for review, arid %VHERI-.:'AS, the New York Gelleral Nfullicipal L,aw Section 239 further requires the County to asscss all such applications as to whether the requested action would have a -county w,ide"ear "I irripact wid comment on same, and t,VIJEREAS, the Current referral process results in the proQessingy of applications each vear froni towns, villages, and cities to the Courity, C, a port of which have neither county-wido Or impaa:t, and WHI,'REAS. New York State Gelleral 'N'l Lill icipal Law authorizes the County to enter into agreelywilts w'ilh local municipalities in order to deternilne which, if any, ()j'jjle local inunicipal actions subject to rtFcrral nary be deen-Led strictly matters oHocal determinati(,,)n, and therefore, not subi ect to the tetbrra] process, and WHI'I-'Rf,AS, the County liereby proposes to climillate t[le necessity of the Countv,s revie%k' tInd �Onllnerit on such local actions, arid yVFIERI.],-,XS, it is hereby aiLitually agreed by and bei\veen the parties hereto asfollows: ((-'S C) " I lal"R.N4 OF' AGREENMENT� This Agre<:rnent shall be effectivcl�anill ry 1, 2016, and shall terminate oil December 31, 201 (i, L.jtjj(-,,ss otherwise terminated as set forth herein. The terill of this, Agreimient shall be extended ZILA011-latiCaUy tl)r a successive year, for a total of five (5) yearn Ifeidler party deoides to tertninate this Agreement, cither par-ty shall send a written 6-1648 .1 Ti M I Packet Pg. 69 1 nctice of'tennin at iota to the other panty at I east thirt 00) days before the end ofany term, This -"greerncnt shall ternainate upon thirty (30) ChlYs Wl'ittcn notice by either party to the other, PAYMEN'T. None. 3, CSI --TFRRAL TO B EL M "nie fonovving actions miati be eliminated fi-0111 the ret`erral and review process: administrativo a,n'erid me nts (zoning aTTICIldmenN regarding fees,, pjoccdurcs, penalties. etc,).' 1',), SPCCial USC PCrR1itS,, Wsevaviances and aami variancestsarresidential uses atic], c- OfSile Plans or special permits that have no changos fon previous approvals, 4, RRAL S O'F 'Q BE EL LMI ED,' 'I"he following actions shall not bc NA I eh)llitlafic;d from the reft-ral and review proce,�s: a. plans - b, zoniffil aIrMI( Iment's, (standards, Usel,,-, clef initions, district MI'LlIations, etc,); c, rezonings, d other propoje(l J(gcaj 1aiw,,, andor other authodzations adopted ,p ursuant to zoriing (wellands. <,tor' IiiIC preservation, afl"Ord,'ible housing, architectural review-, etcj, e, site plans. (,all); an(l sj")eckal Permits, use varlaaccs, and area variances for all nont resjdential uses, 5,1 L- SEx�C-ept. as otherNvise provided bl this Ageement, notice required to be given purst.1,111t to this Agreement sh'cdl be made in writing and addrc,-,sed to the, fiollowing or "UVI'l other person as the parties rnay chslgnaie: COII I]II Issionef ol'I'lanning & Development II. -Ir & Dutchess Cc)unty Dept, of'I'lannin, Developill ent 2"' 1-figh Street Nw-glikeepsic, VY 12601 TOW11 Of Wappingel- tett: Supervisor 20 MIdclICbUSh Road VZappingers Fails, NY 12590 G -164N 2 Ti M I Packet Pg. 70 1 6, EN"I"IRT AGR EENMENT, The temi Of' this Agreement, including any, attachillents, represent tile final intent ol'the parties, Any modifications, resclsslon or waiver of the tc,"I's of'ibis Agreeilwnt rnu�t be in wrifing and executed and icknowledged by the patties with I.he sans e f6raldifies accorded in this Agreement, AP["ROVED AS TO FORM: ACCEPTED: COUNTY OF 131-,JFFCHFS, M, s 0 NfilrcuS J.1\401kwro, County Executive APPROVED AS T() MUNICIPAI.TFY: .... ....... . M. 6,11111i;t 4�� . .. ........... V� )h Ji3va" Eoin C'Onimissioncr of L Ph nrling & D(:velopnen .1 , t Ti M I Packet Pg. 71 1