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2016-03-28 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Regular Meeting townofwappinger.us Minutes — Joseph Paoloni (845)297-5771 Monday, March 28, 2016 7:30 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Lori A. Jiava Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM William Ciccarelli Town of Wappinger Councilman Present 7:30 PM John J. Fenton Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Grace Robinson Town of Wappinger Deputy Town Clerk Present 7:30 PM Albert Roberts Consultant Attorney Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM Davd Stolman Consultant Planner Present 7:30 PM II. Salute to the Flag III. Adoption of Agenda 1. Motion To: Adopt Agenda ........ ......... ........ ......... ..... .. ....... ..... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Accept Minutes 1. Motion To: Accepting Minutes of March 14, 2016 ........................................................ .. ......... ......... ......... ......... .... ......... ......... ......... ......... ...................................... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page I Printed 41612016 Regular Meeting Minutes March 28, 2016 V. Correspondence Log RESOLUTION: 2016-116 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence L g - 20,16-03-28 Ninber ToFrom Date Date Recl Re: Agevia Date 03-28-001 To�vii Board Resdeits of Tall Trees 314016 3/15i2816lCoiicpriisasaCommLjiiityiWatprSLipp1y 30016 03-28-002 Tovo Board Alfred A Cappelh Jr 3/15016 3/15016 Re nest-'deter for Sprhikler SVstem1&kh Tem 30016 03-28-003 Joseph P Paoloiii Reghia Abadsds 3118016 3121/2016 Board of Assement Trgininq Sessioiis 30016 03-28-004 Towii Board Vhicut Bptthia 3/15016 312212016 2016 TOW Bid Re ort +—IiN2016 03-28-005 Joseph P Paoloiii Barbara Roberti 30f2016 30f2016 I Performuce/Mahiteiiane Bods for Aril 2016 1 30016 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: V Vote Record-Resolution RES-2016-116 Yes/Aye No/Nay Abstain Absent ElAdopted ............... ............... ............... • Adopted as Amended Lori A.Jiava Voter El 0 0 0 ....................................... ..............I....................................... .................. ................. • Defeated William H.Beale Seconder El 0 0 0 I'll ' ..................... ................. • Tabled William Ciccarelli Voter El 0 0 ❑ • Withdrawn Fenton I I ........................ ..Voter...............El ❑..................0 ❑.................0 ❑........ ........0....... Michael'Ku;m'i'c'z'.......................M...c'v'cr...............0......... .........❑0....................❑0...................❑0......... Dated: Wappingers Falls, New York March 28, 2016 The Resolution is hereby duly declared Adopted. V1. Public Portion 1. Motion To: Open Public Portion ................................................................................................................................................................................................................................................................................................................................... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz ............. 2. Motion To: Close Public Portion Town of Wappinger Page 2 Printed 41612016 Regular Meeting Minutes March 28, 2016 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Public Hearing - Local Law No. 1 of 2016 1. Motion To: Open Public Hearing ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Hearing ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VIII. Discussions 1. Walkway Marathon The walkway marathon is in its second year. Suzanne and her co worker Gina Dominico came to explain this year's marathon. She presented a power point presentation explaining the races. The race includes a mile of our town via the rail trail system. This race allows participants to qualify for the Boston Marathon. 2. Boat House Scott Williams came to speak about the use of the old village highway garage as a boat house for the lower Wappinger Creek. He proposed an agreement with the Town of Wappinger, the Town of Poughkeepsie and the Village of Wappingers Falls to enter into an Inter-Municipal Cooperation Agreement for a Wappinger Creek Recreation Committee. Councilman Beale suggested a more detailed discussion on the details of the personnel and maintenance needs. Scott Williams pointed out that there is a small personnel commitment. He added that there is a $65,000 in kind grant match by the village over the next year or two and asked that the village recoup the revenues over time. He said there are 3 grants, a private grant from the Hudson River improvement fund, a grant from the DEC for $50,000, and $242,800 from Dutchess County. He added that the Federal Department of Environmental Protection is discussing a dredging. He added that they were recently awarded a LWRP (Local Waterfront Revitalization Project) grant from the department of State to look at all 13 municipalities in the Wappinger Creek Watershed. Town of Wappinger Page 3 Printed 41612016 Regular Meeting Minutes March 28, 2016 3. Earth Day—Fenton Councilman Fenton is trying to recruit volunteers for April 23rd, the day after Earth day, to clean up Myers Corners road from 8:00 AM on to about 2 hours. He reached out to New York State of the DOT. Councilman Kuzmicz suggested that the county DPW should be notified. Supervisor Jiava said she would put in on the town website and in the Southern Dutchess News. Attorney Roberts re-enforced the need to reach out to county DPW. 4. Town Hall Heating System Steve Frazier explained problems with the town hall boiler exhaust vent which is a 4 inch PVC pipe versus the needed 6 inch pipe. He received quotes but did not have them with him, but did send emails to the town board. No email was sent to the town clerk for publishing here. The lowest bid was from Armistead Mechanical. 5. Motion To: Summer Camp Director The town board approved Ryan Leone as the Summer Camp Director at $18 per hour. He is a teacher and is highly recommended by Ralph Holt. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IX. Resolutions RESOLUTION: 2016-117 Resolution Adopting "Local Law No. 1 Of The Year 2016, Amending Medical Uses Under The Zoning Code" WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "Local Law No. 1 of the Year 2016, Amending Medical Uses under the Zoning Code"; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on March 28, 2016 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 hereby adopts a Negative Declaration of Significance in connection with the amendments to the Town Code adopted herein; 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. Town of Wappinger Page 4 Printed 41612016 Regular Meeting Minutes March 28, 2016 NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "Local Law No. 1 of the Year 2016, Amending Medical Uses under the Zoning Code", a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. 4. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-117 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ... . . ... . . . . ...... ....... ....... .. ..... ..... ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ . .................. ....... ....... .. ........................................ ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ .................. ................. ....... ........ ................ ....... ❑ Withdrawn John J.Fenton Voter Q ❑ 0 0 .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 28, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-118 Resolution Authorizing And Establishing A Procedure For Payment To Mobile Life Support Services,Inc WHEREAS, the Town of Wappinger acting on behalf of the Wappinger Ambulance District, entered into an Ambulance Service Agreement with TC Hudson Valley, Inc. d/b/a Transcare ("TCHVI") dated the 25th day of July 2005 (the"Agreement")in which TCHVI was to provide general ambulance services for the purpose of transporting all sick or injured persons found within the boundaries of the Wappinger Ambulance District(the "District); and WHEREAS, TCHVI has ceased providing any ambulance services to the Town of Wappinger (the "Town") under the Agreement and has removed its ambulances from the Town; and WHEREAS, the Agreement with TCHVI provided that TCHVI would accept as full payment for any services rendered to District residents the amounts paid by the sick or injured's medical insurance carrier; and WHEREAS, on February 26, 2016 Mobile Life Support Services, Inc., ("Mobile Life") and the Town entered into a "Contingency Plan", as negotiated by Dutchess County 911, to provide general ambulance services for the purpose of transporting all sick or injured persons found within the District until the Town enters in to a permanent contract with a new ambulance service provider; and Town of Wappinger Page 5 Printed 41612016 Regular Meeting Minutes March 28, 2016 WHEREAS,Mobile Life agreed to bill non-residents of the District under their normal billing procedures which corresponded to TCHVI's past billing procedures under the Agreement; and WHEREAS,Mobile Life agreed to bill District residents under"insurance only" billing by which Mobile Life would send invoices only to the District residents' insurance companies for services provided and would not send any invoices to under-insured or uninsured residents within the District for the amounts not paid by the insurance provider; and WHEREAS,Mobile Life agreed to refrain from issuing any bills for the difference between the amounts paid by insurance and the actual invoice for services provided until a procedure for such billing has been put in place to cover these expenses; and WHEREAS,to remain in compliance with the Anti-Kick Back Statute, 42 USC 1320a- 7b, both the Town and Mobile Life have agreed to a billing procedure for payment of the fees representing the amounts not paid by the insurance provider for such services rendered to under insured and uninsured District residents. 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 acting on behalf of the Wappinger Ambulance District hereby agrees to pay Mobile Life the amounts not covered by insurance providers for the services rendered by Mobile Life to under-insured and uninsured District residents. 3. The Town will assist in any manner to assist Mobile Life in providing verification of resident status. 4. Mobile Life agrees to submit all necessary documentation to the Town evidencing the services provided to all District residents, and indicating the difference, if any, between the amounts paid by insurance and the actual invoices for service. The documents shall, at a minimum, include: the number of calls to all District residents, including insured, under-insured or uninsured; the invoices for each call; the explanation of benefits indicating amounts paid by insurance companies; and the invoices for the difference in the amounts due for each call. 5. Mobile Life agrees to provide the above documentation to the Town Supervisor on a monthly basis until such time that the Contingency Plan is replaced with a permanent contract. The documentation will be audited by the Town Supervisor in consultation with the Town Accountant. 6. All documentation will be released in accordance with the provisions of the Health Insurance Portability and Accountability Act (HIPAA). 7. Upon receipt of the necessary documentation The Town of Wappinger through the Wappinger Ambulance District will issue payment to Mobile Life for said services within thirty (30) days. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-118 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ 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 Town of Wappinger Page 6 Printed 41612016 Regular Meeting Minutes March 28, 2016 March 28, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-119 Resolution Authorizing Attorney To The Town To Commence Proceedings To Terminate Holdover Tenancy WHEREAS, the Town of Wappinger entered into a lease agreement with TC Hudson Valley, Inc. d/b/a Transcare ("TCHVI") dated the 28th day of July 2006 (the "Lease") which granted to TCHVI a leasehold interest in a certain portion of the Emergency Services Building; and WHEREAS, the Lease expired on December 31, 2014 and has not been renewed; and under the terms of the Lease TCHVI has continued as a holdover tenant in the premises; and WHEREAS, TCHVI has ceased providing Ambulance Services to the Town of Wappinger under the original agreement dated January 25, 2005 and has moved its ambulances out of the premises; and WHEREAS, TCHVI, has not paid rent; and WHEREAS,the Town seeks to recover possession of the premises; and WHEREAS, the Town Board of the Town of Wappinger authorized the transmission of a 30 day notice to TCHVI evidencing the Town's desire to terminate the month to month holdover tenancy at the end of March 2016, and such notice was duly served. 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 of the Town of Wappinger hereby authorizes the Attorney to the Town to proceed with all necessary legal actions and proceedings to recover possession of the property, in either Justice Court or Supreme Court having jurisdiction of the premises. 3. The Town Board of the Town of Wappinger hereby authorizes the Town Supervisor to sign all necessary documentation, including but not limited to, any required legal notices, the Notice of Petition and Petition, to recover possession of the premises in any legal proceedings, as prepared by the Attorney to the Town. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-119 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava VoterQ ❑ ❑ ❑ ❑ Defeated William H.Beale ............... Mover ... .......Q.........,.... ..❑..... ❑........,... ..❑......., ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q 0 0 0 ... ........ Michael Kuzmicz Seconder Q 0 0 ❑ Dated: Wappingers Falls, New York March 28, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-122 Town of Wappinger Page 7 Printed 41612016 Regular Meeting Minutes March 28, 2016 Resolution Authorizing The Execution Of The Agreement Between The Town Of Wappinger And The Town Of Wappinger Little League Association, Inc. WHEREAS, the Town Board finds that it is in the best interests of the Town to have the Town of Wappinger Little League Association, Inc. provide a program of softball and baseball activities for the boys and girls of the community; and WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation Committee and the Director of Recreation, has negotiated the terms of a proposed Service Agreement with the Town of Wappinger Little League Association, Inc., a copy of which is attached hereto; and WHEREAS, the Town Board, in accordance with the Town's Procurement Policy, has determined that the nature of services to be provided by the Town of Wappinger Little League Association, Inc. are classified as a"sole source"; and WHEREAS, the Town Board acknowledges the very successful program the Town of Wappinger Little League Association, Inc. has administered for the last 40 years or so and wishes to continue having the Town of Wappinger Little League Association, Inc. provide softball and baseball activities for the boys and girls of the Town of Wappinger. 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 Members acknowledge they have reviewed the terms and conditions of the proposed "Service Agreement" attached hereto, and they find the terms contained therein reasonable and consistent with the relationship the Town has had with the Town of Wappinger Little League Association, Inc. over the last 40 years or so. 3. The Town Board hereby authorizes the Town Supervisor to execute said Service Agreement with the Town of Wappinger Little League Association, Inc. in accordance with the terms and conditions contained therein, which Agreement, among other provisions, authorizes the Town to pay the sum of Six Thousand Dollars ($6,000.00) to the Town of Wappinger Little League Association, Inc. to provide softball and baseball activities for the boys and girls of the community for the 2016 baseball/softball season. Supervisor Lori A. Jiava is hereby authorized and directed to execute the Service Agreement between the Town of Wappinger and Town of Wappinger Little League Association, Inc. in substantially the same form as attached hereto, a copy of which is affixed hereto. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-122 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ...... ❑ Defeated William H.Beale Seconder....... ....... .....Q ❑ ❑ ❑ . .................. ❑ Tabled William Ciccarelli Voter CSI ❑ ❑ ❑ .................. ................. ....... ........ ................ ....... ❑ Withdrawn John J.Fenton Voter Q ❑ 0 0 .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 28, 2016 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 8 Printed 41612016 Regular Meeting Minutes March 28, 2016 RESOLUTION: 2016-123 Resolution Authorizing The Execution Of An Intermunicipal Agreement Between The Town Of Lagrange And The Town Of Wappinger For Dog Control Officer WHEREAS, the Town of Wappinger and the Town of LaGrange wish to enter into an Intermunicipal Agreement for Dog Control Officer to offer each other back up coverage in the event of illness, vacation or interruption in services; and WHEREAS, the Town of Wappinger and the Town of LaGrange hereby agree to the terms and conditions as contained in the Intermunicipal Agreement for Dog Control Officer in substantially the same form as attached hereto; and WHEREAS, the Town Board hereby authorizes the Town Supervisor to execute the Intermunicipal 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 Members individually confirm that they have each read the Intermunicipal Agreement attached hereto, and understand the terms, conditions and obligations therein. 3. The Town Board hereby authorizes Supervisor Lori A. Jiava to execute the Intermunicipal Agreement by and on behalf of the Town of Wappinger, evidencing the Town's agreement to the terms, conditions and obligations contained therein. 4. The Town Board further authorizes the Supervisor and the Attorney to the Town to negotiate and modify the wording of any of the terms, conditions or obligations contained in the Intermunicipal Agreement after consultation with the Town's Dog Control Officer and provided that such modifications are substantially consistent with the terms and conditions as stated therein. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-123 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as AmendedLori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated am H.Beale Voter Q,,,,,,,,,,,,,, ❑ ❑ ❑ Willi ................... ....... ......... ....... .. .. ....... ....... ....... ..... ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 28, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-124 Resolution Authorizing The Execution Of An Inter-Municipal Cooperative Agreement Between The Town Wappinger, The Town Of Poughkeepsie And The Village Of Wappingers Falls For A Wappinger Creek Recreation Committee Town of Wappinger Page 9 Printed 41612016 Regular Meeting Minutes March 28, 2016 WHEREAS, the Town of Wappinger, the Town of Poughkeepsie and the Village of Wappingers Falls wish to enter into an Inter-Municipal Cooperation Agreement for a Wappinger Creek Recreation Committee; and WHEREAS, the Town of Wappinger, the Town of Poughkeepsie and the Village of Wappingers Falls share the Lower Wappinger Creek and it is recreationally utilized; and WHEREAS, through a CDBG grant, a Hudson River Improvement Fund grant, and a Department of Environmental Conservation Hudson River Estuary Access grant, which were obtained by the VILLAGE, the creation of a Lower Wappinger Creek Community Boathouse and Park will commence in the near future; and WHEREAS, the VILLAGE relies solely on volunteers for its recreational programming; and WHEREAS, the Town of Wappinger and the Town of Poughkeepsie have paid Recreation Departments with higher programming capabilities; and WHEREAS, the location of the proposed boathouse and parkland are located within the Village of Wappingers Falls; and WHEREAS, the three partnered municipalities desire to establish an agreement for managing these shared resources; and WHEREAS, the Town of Wappinger, Town of Poughkeepsie and the Village of Wappingers Falls hereby agree to the terms and conditions as contained in the Inter-Municipal Cooperation Agreement for a Wappinger Creek Recreation Committee; and WHEREAS, the Town Board hereby authorizes the Town Supervisor to execute the Inter-Municipal Cooperation Agreement for a Wappinger Creek Recreation Committee. 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 Members individually confirm that they have each read the Inter-Municipal Cooperation Agreement attached hereto, and understand the terms, conditions and obligations therein. 3. The Town Board hereby authorizes Supervisor Lori A. Jiava to execute the Inter- Municipal Cooperation Agreement by and on behalf of the Town of Wappinger, evidencing the Town's agreement to the terms, conditions and obligations contained therein, copy of which is attached hereto. 4. The Town Board further authorizes the Supervisor and the Attorney to the Town to negotiate and modify the wording of any of the terms, conditions or obligations contained in the Inter-Municipal Cooperation Agreement provided that such modifications are substantially consistent with the terms and conditions as stated therein. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-124 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended LoriA.Jiava...........................Voter... Q........,.......❑...... ❑.......,.......❑..... ❑ Defeated , William H.Beale Mover Q ❑ ❑ ❑ Q Tabled William Ciccarelli....................Voter... Q.........,........❑..... ❑........,.......❑..... ❑ Withdrawn John J.Fenton............ Seconder Q...... ❑.................❑...... ❑.... Next:4/11/16 7:30 PM .................. ............ ..... .... ............ ............ ...... Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 28, 2016 Town of Wappinger Page 10 Printed 41612016 Regular Meeting Minutes March 28, 2016 The Resolution is hereby duly declared Tabled. RESOLUTION: 2016-125 Resolution Granting License Agreement And Authorizing Acceptance Of Performance Agreement Secured By Letter Of Credit In Connection With The Ridges Subdivision WHEREAS, Town of Wappinger Planning Board had received application for subdivision approval from LMD Property Holdings, LLC as applicant, and Irma and Ronald Farfaro, as owners, for Preliminary and Final Subdivision Plat approval for the subdivision of a parcel of land totaling 15.95 acres into 9 lots, with the existing home remaining on Lot 9, (herein after referred to"THE PROJECT"); and WHEREAS, the subject property is known as Tax Lot No. 6257-04-616448 on the Town of Wappinger Tax Assessment Maps as located at 383 Old Hopewell Road, within an R40 one family residence district, (hereinafter referred to"THE SUBJECT PROPERTY"); and WHEREAS, the applicant and the owner received preliminary and final subdivision plat approval by Resolution of the Planning Board dated June 15th, 2015, subject to and conditioned upon completion of the conditions and various required improvements set forth in the aforementioned Resolution and as further set forth in the subdivision map and related construction drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, and Highway Specifications; and WHEREAS, Lawrence J. Paggi, PE, PC, Engineer for the Town Planning Board for this project, by letter dated February 1st, 2016, (a copy is attached), has determined that the estimated construction costs for the proposed improvements to be Four Hundred Three Thousand Five Hundred Sixty-Seven Dollars and 20/100 ($403,567.20), and is the amount of security to be posted to guarantee the completion of the improvements required in connection with the aforementioned Ridges Subdivision; and WHEREAS, Town Law Section 277 requires that a developer of a subdivision guarantee the construction, installation, and dedication of the improvements required by the Resolution of Subdivision Approval,prior to issuance of any building permits; and WHEREAS, LMD Property Holdings, LLC, has agreed to sell the eight (8) vacant lots within the subdivision to Mid-Hudson Holdings, LLC, with an address at 5 Willard Court, Poughquag, New York 12570; and WHEREAS, Mid-Hudson Holdings, LLC has agreed to assume all of the obligations to complete the improvements set forth above and to post a Performance Agreement executed by John Goetz, a Member of Mid-Hudson Holdings, LLC, which Performance Agreement is to be secured by a Letter of Credit issued by Rhinebeck Bank in the principal sum of Four Hundred Three Thousand Five Hundred Sixty-Seven Dollars and 20/100 ($403,567.20) in favor of the Town of Wappinger as security to guarantee the obligations set forth in the Performance Agreement; and WHEREAS, the Letter of Credit has not been issued by Rhinebeck Bank, and will not be issued until Mid-Hudson Holdings, LLC, acquires title to the property, which will occur as soon as practicable after all the conditions of subdivision approval have been obtained by the original applicant and subdivider, LMD Property Holdings, LLC; and WHEREAS,the Attorney to the Town has approved the Performance Agreement and the Letter of Credit as to form and the Town Board is willing to accept the above referenced Performance Agreement secured by the Letter of Credit, provided the Letter of Credit, upon receipt, will be further reviewed by Attorney to the Town and the Attorney approves the document as to form and proper execution. Town of Wappinger Page 11 Printed 41612016 Regular Meeting Minutes March 28, 2016 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 Performance Agreement duly executed by Mid-Hudson Holdings, LLC, and personally guaranteed by John Goetz, individually, a copy of which is affixed hereto, is hereby accepted as a Performance Agreement for the completion of the construction, installation, and dedication of the improvements required by the above referenced Resolution of Subdivision Law,pursuant to Town Law Section 277. 3. The Letter of Credit, to be issued by Rhinebeck Bank in favor of the Town of Wappinger in the principal sum of Four Hundred Three Thousand Five Hundred Sixty-Seven Dollars and 20/100 ($403,567.20) will be posted as security for the obligations set forth in the Performance Agreement and will be accepted as appropriate security for the obligations set forth in the Performance Agreement, provided the same is reviewed and approved as to form and execution by the Attorney to the Town, when delivered. The original Performance Agreement executed on April 7th, 2008 together with the Letter of Credit, were issued, reviewed and approved as to form, and are directed to be placed on file with the Office of the Town Clerk. 4. Town Board acknowledges that an Offer of Cession and Dedication has previously been executed which offer of cession and dedication obligated Mid-Hudson Holdings, LLC to dedicate to the Town a new road, to be constructed in accordance with the Town's prevailing Highway Specifications, a Snow Easement within the subdivision for the deposit of snow and ice during inclement weather, a Stormwater Drainage Easement to be dedicated to the Town on behalf of The Ridges Drainage District, previously formed by the Town, together with an Access Easement through proposed Lots 6, 7, and 8 to the aforementioned Stormwater Drainage Easement. 5. The Town Board further grants a license to Mid-Hudson Holdings, LLC to construct a portion of the road to the subdivision, said road being formerly known as Road "C" as shown on the "Shamrock Hill Subdivision Plat" heretofore filed as Subdivision Map 11963, a copy of the proposed License Agreement is attached hereto and made hereof. 6. The Town Board further directs the Supervisor of the Town to execute the License Agreement by and on behalf of the Town of Wappinger. Town Board further acknowledges that in consideration of granting the License to construct an extension of the road to the Ridges Subdivision, Mid-Hudson Holdings, LLC has also provided a Certificate of Liability insurance naming the Town as a certificate holder. Also, Mid-Hudson Holdings, LLC agrees to hold the Town of Wappinger harmless and indemnify the Town for any claims arising out of the acts or omissions of Mid-Hudson Holdings, LLC for entering upon said Road "C" and carrying out the construction activities provided for in the License Agreement. The original License Agreement, after executed by the Town Supervisor, and the original Performance Agreement secured by Letter of Credit are to be placed on file with the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-125 Q Adopted Yes/Aye No/Nay Abstain Absent .',, • .❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Mover .... Q ❑..... ❑..... .. ❑.. . ................... ....... ....... .. .. ....... ....... ....... ..... ❑ Tabled William CiccarelliSeconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ .. Michael Kuzmicz Voter Q ❑ ❑ ❑ Town of Wappinger Page 12 Printed 41612016 Regular Meeting Minutes March 28, 2016 Dated: Wappingers Falls, New York March 28, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-126 Resolution Authorizing Supervisor To Enter Into A Memorandum Of Understanding In Connection With The War Memorial Located In Schlathaus Park WHEREAS, the Town of Wappinger owns the Town of Wappinger War Memorial Statue (hereinafter the "Statue") located in Schlathaus Park at the intersection of Myers Corners Road and All Angels Hill Road; and WHEREAS, the Statue was donated by the Parsons family in conjunction with numerous donations made by others; and WHEREAS, the Statue requires annual maintenance and treatment to protect it from the elements and to keep it in proper form and order; and WHEREAS, the Rotary Club previously caused the formation of the Town of Wappinger War Memorial Trust Fund (hereinafter"Trust Fund"), a 501 (c) Charitable Trust; and WHEREAS, the Rotary Club solicited donations to the Trust Fund for the purposes of providing the perpetual maintenance to the Statue; and WHEREAS, the Trust Funds are to be used for the perpetual maintenance, care, improvement and repair of the Statue, including its base; and WHEREAS, the Rotary Club agrees to utilize the funds generated from the Trust Fund for the continuous maintenance, repair and improvement of the Statue, including its base and surrounding paved patio; and WHEREAS, the Rotary Club will coordinate with the Town the annual maintenance needs required for the Statue as well as any other required and necessary expenses for the ordinary maintenance and upkeep of the Statue, including its base and paved patio, except for capital improvements, which will be undertaken by the Town; and WHEREAS, the Town will provide routine inspections of the Statue at least twice a year and will notify the Rotary Club of any maintenance needs and will promptly notify the Rotary Club if there are any dangerous or other conditions requiring immediate corrective work. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board Members each have read the Memorandum of Understanding and hereby understands and agrees to the terms and conditions contained therein. 3. The Town Board hereby authorizes the Town Supervisor, Lori A. Jiava, to execute the Memorandum of Understanding by and on behalf of the Town in substantially the form attached hereto. The Town Board further authorizes the Attorney to the Town to negotiate any further amendments to the Memorandum of Understanding as deemed appropriate and necessary. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-126 Q Adopted Yes/Aye No/Nay Abstain Absent Town of Wappinger Page 13 Printed 41612016 Regular Meeting Minutes March 28, 2016 ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ .............................................. ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli....................Voter..............Q...... .....❑.................❑...... .....❑.... ❑ Withdrawn John J.Fent . Voter Q ❑ ❑ ❑...................... . ....,......... ...... ........,........ ...... .... on . Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 28, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-127 Resolution Awarding Contracts For Highway Department Supplies WHEREAS, the Town of Wappinger Highway Superintendent, Vincent Bettina, solicited bids for the supply of various Highway Department materials; and WHEREAS, bids were received and reviewed by Town of Wappinger Highway Superintendent, Vincent Bettina; and WHEREAS, Town of Wappinger Highway Superintendent, Vincent Bettina, has provided an award recommendation for the various bids to the Town Board dated March 15, 2016, a copy of which is affixed hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby awards the bids for the following Highway Department supplies and materials: A. The Contract for 89 octane gasoline is awarded to Bottini Fuel in the amount of$.2990 over the New York Harbor Tank Car reseller's price as posted in the Journal of Commerce Daily Petroleum Prices of the New York Journal of Commerce; B. The Contract for diesel fuel is awarded to Bottini Fuel in the amount of$.1500 over the New York Harbor Tank Car reseller's price as posted in the Journal of Commerce Daily Petroleum Prices of the New York Journal of Commerce; C. The Contract for striping of Town roads is awarded to Hi-Way Safety Systems, in the amount of$340.00 per mile for double yellow centerline and $180.00 per mile for single white edgeline. D. The Contract for the following road aggregates delivered is awarded as follows: Red Wing Properties • Washed tailings - $22.00 per ton delivered; and • Washed gravel 1/4" - $22.00 per ton delivered. Thalle Industries, Inc. • Crushed tailings - $19.00 per ton delivered. Westhook Sand & Gravel, Inc. • Crushed stone 3/8" - $21.00 per ton delivered; • Crushed stone 1 1/z" - $21.00 per ton delivered; • Crushed stone 2 1/z" - $21.00 per ton delivered; Town of Wappinger Page 14 Printed 41612016 Regular Meeting Minutes March 28, 2016 • Item 4 - $13.50 per ton delivered; • Run of bank- $19.50 per ton delivered; • Washed gravel 3/8" - $21.50 per ton delivered; • Washed gravel 3/4" - $21.50 per ton delivered; and • Washed gravel 1 1/2" - $21.50 per ton delivered. Tilcon New York, Inc. • Crushed stone 1/4" - $22.25 per ton delivered; • Crushed stone 1/2" - $22.25 per ton delivered; • Crushed stone 5/8" - $20.75 per ton delivered; • Crushed stone 3/4" - $20.75 per ton delivered; • Crushed stone 1 1/2" - $21.00 per ton delivered; • Crushed stone 2 1/2" - $21.00 per ton delivered; and • Snow/ice grits - $15.45 per ton delivered. E. Town of Wappinger Highway Superintendent, Vincent Bettina, recommends that salt,pipe, blacktop and trash removal from Town Recycle Center should be purchased from NYS Office of General Services,pursuant to NYS Bid. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-127 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ... ....... .. ..... ❑ Defeated William H.Beale Voter Q ❑ ❑ ❑ .... ....... ......... .. ..... .. .. ... .... ... .... ..... ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Mover Q ❑ ❑ ❑ .. .. Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 28, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-128 Resolution Introducing Local Law No. 2 Of The Year 2016, "Adoption Of Zoning Provisions For Solar Energy Systems For The Town Of Wappinger." WHEREAS,in recent years there has been a substantial increase in the installation of Solar Energy Systems in the Town of Wappinger; and WHEREAS,there are currently no provisions in the Town of Wappinger Zoning Code to control the placement of Solar Energy Systems in the Town of Wappinger; and WHEREAS, solar energy is a renewable energy resource that can prevent fossil fuel emissions and reduce the demand for the production and transmission of electricity from large scale power plants; and WHEREAS,the installation of solar energy systems can reduce the energy bills of the property owner; and WHEREAS,the Town Board is considering the adoption of Local Law No. 2 of the Town of Wappinger Page 15 Printed 41612016 Regular Meeting Minutes March 28, 2016 Year 2016 which would create zoning provisions for the regulation of Solar Energy Systems; and WHEREAS, the Town Board has determined that the proposed action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Code of the Town of Wappinger (the Town's Environmental Quality Review Law)which establishes locally designated Type I actions; and WHEREAS,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. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No. 2 of the Year 2016 in the form annexed hereto. 3. The Town Board is the only agency having approval authority for the adoption of this local law and is therefore Lead Agency for the purpose of SEQRA. 4. The Town Board determines that the enactment of the aforementioned Local Law is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR(commonly known as"SEQRA") and pursuant to Chapter 117 of the Code of the Town of Wappinger(the Town's Environmental Quality Review Law)which establishes locally designated Type I actions. 5. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No.2 of the Year 2016 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 25th day of April, 2016, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. 6. The Town Board further directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this Resolution, the annexed proposed Local Law, and the Public Hearing Notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing. b. To serve a copy of this Resolution and the annexed proposed Local Law to the Dutchess County Department of Planning and Development for Advisory Review in accordance with §239-m. of the General Municipal Law; and C. To serve a copy of this Resolution and the annexed proposed Local Law, and the Public Hearing Notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to §240-112 of the Zoning Code prior to said Public Hearing. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-128 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale .......... Seconde.. .....,.. ....., ❑ Tabled William FentoCiccarelli................. Voter ❑ .....,....... El .... ❑ ......,...... ❑ .... ... ❑ Withdrawn John J. n Mover Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 28, 2016 Town of Wappinger Page 16 Printed 41612016 Regular Meeting Minutes March 28, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-129 Proclamation: April Is Parkinson's Awareness Month WHEREAS, Parkinson's disease is a progressive neurological disorder of the central nervous system, which has a unique impact on each patient; and WHEREAS, according to the Parkinson's Action Network, the Parkinson's Disease Foundation, the American Parkinson's Disease Association and the National Institutes of Health, there are over one million Americans diagnosed with Parkinson's disease; and WHEREAS, symptoms include slowness, tremor, difficulty with balance and speaking, rigidity, cognitive and memory problems; and WHEREAS, although new medicines and therapies may enhance life for some time for people with Parkinson's more work is needed for a cure; and WHEREAS, increased education and research are needed to help find more effective treatments with fewer side effects and ultimately a cure for Parkinson's disease; and WHEREAS, a multidisciplinary approach to Parkinson's disease care includes local wellness, support and caregiver groups; and WHEREAS, April has been proclaimed as World Wide Parkinson's Awareness Month for all to recognize the need for more research and help in dealing with the devastating effects of Parkinson's disease; now, therefore, be it RESOLVED, that the Town Board of the Town of Wappinger does hereby recognize and proclaim April as Parkinson's Awareness Month and does offer its endorsement to the efforts of the Parkinson's Action Network, the Parkinson's Disease Foundation, the American Parkinson's Disease Association and the National Institutes of Health. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-129 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as AmendedLori A.Jiava Voter El ❑ ❑ ❑ William H.Beale Seconder Q ❑ ❑ ❑ ❑ Defeated ............... ... .... ... .. ... .... ... .. ❑ Tabled William Ciccarelli Voter CSI ❑ ❑ ❑ ....................„. .................. ................. ....... ........ ................ ....... ❑ Withdrawn John J.Fenton Voter Q ❑ 0 0 .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 28, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-130 In The Matter Of The Establishment of Mid Point Park Sewer District in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York(the Town of Wappinger Page 17 Printed 41612016 Regular Meeting Minutes March 28, 2016 "Town"), has duly caused to be prepared a map showing the boundaries of a proposed sewer district in said Town, to be known as Mid Point Park Sewer District in the Town of Wappinger(hereinafter, the "Mid Point Park Sewer District" or simply, the "District"), a general plan to serve said District, and a report of the proposed method of operation thereof including capital improvements therefor and an estimate of cost thereof, and WHEREAS, said map,plan and report, including an estimate of the cost, dated February 23, 2016, were prepared by Morris Associates Engineering Consultants, PLLC, competent engineers duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof,including estimate of cost; and WHEREAS, the boundaries of said District shall be as described in Schedule A attached hereto and hereby incorporated herein and consist of and are coterminous with the boundaries of the Mid Point Park Sewer Improvement Area established in 1974; and WHEREAS, the improvements proposed for said District consist of improvements to the sewer collection system by sliplining or relining of gravity sewer main along Gabriella Drive and in vicinity of the existing sewage treatment facility and related reconstruction work, including original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all as more fully described in the map,plan and report hereinbefore described; and WHEREAS, said improvements are required pursuant to an Order on Consent between the Town and the State of New York Department of Environmental Conservation (Case No. R3- 20150210-16); and WHEREAS, the maximum estimated cost of said improvements is $280,000; and WHEREAS, the proposed method of financing the cost of said improvements consists of the issuance of not to exceed $280,000 serial bonds of said Town maturing in annual installments over a period not exceeding forty years, which will be payable in the first instance from an annual assessment upon the several lots or parcels of land in said District which the Town Board shall determine and specify to be specially benefitted thereby in proportion to the benefit derived therefrom, in an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, the estimated cost of hook-up fees to the typical property in said District being a single family house is $0; and WHEREAS, the estimated cost of said District to the typical property, being a single family home therein, is $894.00 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid; and WHEREAS, a detailed explanation of the manner by which were computed said estimated costs of hook-up fees and first-year costs to typical property has been filed in the office of the Town Clerk at the Town Hall in Wappingers Falls,New York where the same are available during regular office hours for examination by any person interested in the subject manner thereof, and WHEREAS, said capital project has been determined to be a "Type 11 Action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA"), including 6 NYCRR Part 617.5(c)(2), (c)(5) and(c)(29), the implementation of which as proposed, the Town as Lead Agency has determined, as so defined, will not result in any significant adverse environmental impact and SEQRA compliance materials are on file in the office of the Town Clerk where they may be inspected during normal office hours, and the establishment of said District is likewise a "Type II Action"; and Town of Wappinger Page 18 Printed 41612016 Regular Meeting Minutes March 28, 2016 WHEREAS, it is now desired to call a public hearing upon the question of the establishment of said District and the improvements proposed therefor, all pursuant to Section 209-d of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road,in Wappingers Falls,New York,in said Town, on the 25"' day of April, 2016, at 7:30 P.M.,Prevailing Time, for the purpose of holding a public hearing to consider the establishment of a sewer district in said Town as described in the preambles hereof, to be known as to Mid Point Park Sewer District, and the improvements proposed therefor, and to consider the map, plan and report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this order, together with the"Notice of Adoption", to be published once in the official newspaper of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign-board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than twenty days before the day set for the hearing as aforesaid. Section 3. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-130 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ...... ........ . ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ ❑ Tabled William ................ ....... ...... ... .... .. ..... . .. ...... .. Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ . Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 28, 2016 The Resolution is hereby duly declared Adopted. X. Town Board Review of Vouchers 1. Motion To: Motion to Approve Vouchers No Resolutions for Vouchers were submitted to the Town Clerk. However, accounting requested that the Deputy Town Clerk forward the Vouchers to the town board for review. They were given to Councilman Fenton when he arrived at the meeting. That undocumented packet was approved. Town of Wappinger Page 19 Printed 41612016 Regular Meeting Minutes March 28, 2016 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz XI. Items for Special Consideration/New Business Steve asked about cameras at Carnwath Park, town hall, and various town owned properties. He promised to gather costs. Ralph Holt asked for appointments for the Recreation Committee. Attorney Roberts wanted to prepare a system to appoint to this committee. Ralph asked if he could still appoint in the interim on this process. Councilman Kuzmicz agreed with the attorney in setting the process first. Supervisor Jiava promised to resolve this quickly despite the 6 week effort to accomplish this. XII. Executive Session 1. Motion To: Enter Executve Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Return from Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz RESOLUTION: 2016-120 Resolution Authorizing Litigation Against Owners Of A&W Scrap Processors, Inc. WHEREAS, a certain parcel of land with an address of 1980 Route 91) in the Town of Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel Town of Wappinger Page 20 Printed 41612016 Regular Meeting Minutes March 28, 2016 number 135689-6056-02-688723, 680695, 721673, currently owned by A&W Scrap Processors, Inc., is currently in violation of the Town of Wappinger Zoning Code; and WHEREAS, a strict timeline has been given to A&W Processors, Inc. in which to resubmit a Site Plan and be in compliance with the Town of Wappinger Zoning Code; and WHEREAS, if such strict timeline is not complied with the Planning Board intends to take further action; and WHEREAS, the Town of Wappinger Justice Court is without jurisdiction to issue a mandatory injunction to cure said violations so it is necessary to commence legal proceedings in the Supreme Court, Dutchess County, New York, to seek equitable relief to enjoin the above- referenced continuing violations. 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. For the reasons discussed and disclosed in executive session this evening, the Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts, and any member of his firm, Stenger, Roberts, Davis & Diamond, LLP, to bring appropriate legal proceedings in Supreme Court, Dutchess County, New York, and any other persons involved in perpetrating such continued and repeated violations of the Town of Wappinger Zoning Code and any other applicable violations of the Town of Wappinger Code. Supervisor Lori A. Jiava is hereby authorized to execute on behalf of the Town of Wappinger any documents necessary for the commencement of such legal proceedings. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-120 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated Willia ...... ........ .m H.Beale ...................Voter....,....... Q .... ❑ ......,...... ❑ ❑ ... ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑ . Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 28, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-121 Resolution Authorizing Litigation Against Owners Of 277 Myers Corners Road WHEREAS, a certain parcel of land with an address of 277 Myers Corners Road in the Town of Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel number 6258-02-974597, currently owned by Charles D. Hulsair, is currently in violation of the Town of Wappinger Zoning Code, the Town of Wappinger Property Maintenance Code and the New York State Uniform Code in accordance with a Final Violation Notice submitted by Zoning Administrator, Barbara Roberti, dated July 22, 2015; and WHEREAS,the Town of Wappinger Justice Court is without jurisdiction to issue a mandatory injunction to cure said violations so it is necessary to commence legal proceedings in Town of Wappinger Page 21 Printed 41612016 Regular Meeting Minutes March 28, 2016 the Supreme Court, Dutchess County, New York, to seek equitable relief to enjoin the above- referenced continuing violations. 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. For the reasons discussed and disclosed in executive session this evening, the Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts, and any member of his firm, Stenger, Roberts, Davis & Diamond, LLP, to bring appropriate legal proceedings in Supreme Court, Dutchess County, New York, to enjoin Charles D. Hulsair, and any other persons involved in perpetrating such continued and repeated violations of the Town of Wappinger Zoning Code, the Town of Wappinger Property Maintenance Code, the New York State Uniform Code and any other applicable violations of the Town of Wappinger Code. Supervisor Lori A. Jiava is hereby authorized to execute on behalf of the Town of Wappinger any documents necessary for the commencement of such legal proceedings. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-121 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale ...................Voter... Q.........,.... ..❑..... ❑........,... ..❑......., ..... ..... ....... ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 28, 2016 The Resolution is hereby duly declared Adopted. 5. Motion To: Adopt Town Vehicle Use Policy ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 6. Town Vehicle Use Policy RESOLUTION: 2016-46 Resolution Appointing Members To Town Of Wappinger Planning Board WHEREAS, Marsha Leed's term as a Member of the Planning Board expired December 31, 2015; and WHEREAS, John Fenton resigned as a Member of the Planning Board leaving a vacancy on the Planning Board for the unexpired term which term is due to expire on December 31, 2021; and Town of Wappinger Page 22 Printed 41612016 Regular Meeting Minutes March 28, 2016 WHEREAS,the Town Board is desirous of reappointing/appointing Bruce Flowers as a Member to the Planning Board for a seven(7)year term with the term expiring on December 31,2022; and WHEREAS, the Town Board is desirous of appointing Ralph Maranaccio as a Member to the Planning Board to fill the unexpired term of John Fenton which term is due to expire on December 31, 2021. 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 appoints Bruce Flowers as a Member to the Planning Board for a seven (7)year term with the term expiring on December 31, 2022. The Town Board hereby appoints Ralph Maranaccio as a Member to the Planning Board to fill the unexpired term of John Fenton which term is due to expire on December 31, 2021. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-46 Q Adopted Yes/Aye No/Nay Abstain Absent .. ... ❑ Adopted as AmendedLori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated am H.Beale Mover Q.............. ❑ ❑ ❑ Willi ................... ....... ......... ....... .. .. ....... ....... ....... ..... ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ .. Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York March 28, 2016 The Resolution is hereby duly declared Adopted. 8. Motion To: Appoint Rich Travis to the Zoning Board of Appeals with term expiring 12/31/2017. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz XIII. Adjournment Motion To: Wappinger Adjournment& Signature The meeting adjourned at 11:30 PM. Joseph P. Paoloni Town Clerk Town of Wappinger Page 23 Printed 41612016 Regular Meeting Minutes March 28, 2016 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 24 Printed 41612016 � cfl co 0 cfl co yr T T T T T ccoOoOo C, N N N N N m CO 00 00 00 00 N N N N N r. = Ch c7 c'7 Ch co _ a E 0 N CLL O' CnQ O L E .N O N N Cn U O d Y .E N c c Cu (n +- O CoL C Q � CN E a O cc E L Cal))>>� M m U) U ° ® 0 `� i (n O O L COj L CO O CS Cu T O N O 0 O P U W m NCL O CL ® CO CO C.O CO CO C�2 V r r T T r Qg N y 0 0 0 0 O N N N N N O ' � U') LOTN (N QC) M CM 00 Cr) T 0 (D Cfl Cfl Cfl Cfl T e r r r r T 0 0 0 0 0 T d N N N N N CD \ +r U.) 00 Cn N e 0 M N LLJ J Cr) C'7 M M CD �. Co CM / e CD CM e ..... T ® (n O (U E a) O v/ LL m (D - aFn (U a) L u°) U 0 a) r° Qm VCu C: ° c Cu .E E o ° ° ° ° c Cu u -2 -Pa � CL 0 0 a 0 a M m m � sz sz m m L r N C) c1' CCS . 0 0 0 0 0 E O O O O O _ 0 00 OO Co Co CO Z N N N CV N 0 0 0 0 0 I Packet Pg. 25 01D /02) 001 March 4"'. 22016 MAR 15 2G16 SUPERVISOR 0F1'jCff Councilman-Beale, Supervisor Jiavalbftgop WAppfffdLjTo Officials, The residents of Tall Trees greatly TOWN CLERK , ;�ppreciate the opportunity you gave us to allow us a chance to e_�press our concerns as a community. Our biggest concerns are having, an ample water supply and good quality water. Since the beginning of Tall Trees, water has been an enormous issue. It was obvious that all of you have taken many steps to find multiple,viable options for a resolve to our problems and we,are very pleased to hear that you.are concerned for our community.We appreciate the dialogue and we all were pleased. 0 1,feel you should know that we all:thought itgreat ha,,,ing the professionals.at the as meeting last night. They were so helpful answering our questions and addressing our concerns. It 0 a was great to have answers about our water concerns, procedures,and how to move forward. 0 We would therefore appreciate you going forward with finding us the most,efficient way to get our neighborhood proper water at a reasonable rate. cm If we can be of any assistance in helping this come to fruition, kindly let us know. M co Uj Looking forward to meeting with you again, 00 cm CD CD cm 0 0 L E IAVNI�11, Packet Pg. 26 March 4", 2016 Councilman Beale, Supervisor Jiava, Wappingers Town Board and Town Officials, The residents of Tall Trees greatly appreciate the opportunity you gave us to allow,us a chance to express our concerns as a community. Our biggest concerns are having an ample water supply and good quality,water. Since the beginning of Tall Trees, water has been an enormous issue. It was obvious that all of you.have taken many steps to find multiple, viable options for a resolve to our problems and we are-very pleased to hear that you are concerned for our community. %e appreciate the dialogue and Nve all were pleased, 0 I feel_you should know that we all thought,it was great having the professionals;at the., as meeting last night. They were so helpful answering our questions and addressing our concerns. It 0 was great to have answers about our water concerns,procedures,and how to move forward. 0 We would therefore appreciate you going fon,�ard with finding us the most efficient way to get our neighborhood proper',xater ata reasonable rate. cm If we can be.of any assistance in.helping this come to-fruition, kindly let us,know. M co ui Looking forward tomeeting,with you agaim 00 C14 CD CD C14 0 0 E PECEIVED MARA, 4 70116 7, MAR 15 2016 SUPERVI,SOP, OFFICE TOWN OF WAPPINGER TOWN CLERK Packet Pg. 27 ALFRED A.CAPPELLI,JR. ARCHITECT 1136 ROUTE 9 WAPPINGERS FALLS,NY 12590 Telephone: 845-632-6500 Fax: 845-632-6499 Email: acappe2lO2@aol.com March 15,2016 Town of Wappingers in +ars o €own Board 20 Middlebush Rd. Wappingers Falls, NY 125.97 CL0 Re: Request for Consideration of Water for Sprinkler Only; Proposed Sikh Temple Corner of All Angels.Hill Rd&Old Hopewell Rd:, TM#6257-04-919433 e Dear Supervisor nava&Town Board, coe UJ As a follow-up to my Feb..4,2016 memo and as you may be aware,we are proposing to W 00 construct a new Sikh Temple at the above referenced location and currently before the Town Planning Board. e NYS Bldg.Code suggests that we are required to install a sprinkler system. 0 Inasmuch as central water is not immediately available to us as we are not in the water district o adjacent to us,we would like to request the;possibility of tying into-the adjacent water district for fire protection services only in.order to accommodate the needs of our sprinkler system_ The usage would be,a one time usage to charge the system in the event of fire. The quantity of water is not determinable at this time. Any costs to connect to the existing main and other costs required by the Town would,of course; be borne by the Sikh Temple Association. RE ENED MAR 15 2116 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 28 i 5.1.a -2- We would greatly appreciate your consideration. If you have any questions,please do not .hesitate to contact me. Very truly yours, Alfred..A.Cappelli,Jr. Architect AACJdc cc: Mr. R.Cray,Town Engineer Mr.J. Paoloni,Town Clerk IVIS. B. Roberti,Zoning Administrator CL Mr.A. Roberts,Town.Attorney Mr. K.Virk,Sikh Temple Assoc. e Uj 00 CD CDe e e 0 0 U Err"EUVED MAR 15 2016 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 29 SS ` e/ hGH i c�tc HEIDI SEELBACH MARCUS J. MOLINIARO COMMISSIONER COUNTY EXECUTIVE Q K ERIC AXELSENI Shy DIRECTOR COUNTY OF DUTCHESS DEPARTMENT OF FINANCE REAL PROPERTY TAX SERVICES DIVISION TO: Joseph P Paoloni, Town Clerk T/ Wappinger FROM: Regina Abadsidis, Princ Prog Asst DATE: March 18, 2016 CL This is to advise you, that the Board of Assessment Review training sessions have been scheduled for: Wednesday, April 27, 2016 RD E�� - e at: Dutchess CountyMA? ,216cm Farm & Home Center co 2715 Route 44 TOWN OF WA PPINGE �- Millbrook NY 12545 TOWN �. �. , RK e According to our records, 2 vacancies) currently exist(s) on your B A R cm Pesce - term expired Flower - term expired. Be sure to promptly notify this department of any changes to the Board, so that perspective candidates may be scheduled for this required training. M Pursuant to §523 RPTL, all new and/or re-appointed members must attend a Board-of-Assessment-Review training before they can participate in the hearing and determination of complaints for this year's assessment roll. cc: Assessor Town Supervisor 22 Market Street, Poughkeepsie,New York 12601•(845)486-2140•Fax(845)486-2093 Packet Pg. 30 www.dutchessny.gov HIGgIWA�'SUPEI2iltiTENDENT TOWN l�I OF WAPPINGER GER SUPERVISOR Lori A.Jinva Vincent Bettina f ,+ ,f 8415-219741 58 Main lO III&[WAY DRIVE, WAPPINGERS FALLS,INTY 12590 - ;, TOWN BOARD William H.Beate Email::Vt tuna q toRncahN°spginger.us �- - VtTilliam Ciccarelli (845)297-9451 Office John Fenton (845}298-0524-Fax Michael Kuzmicr ! ., SECRETARY ..= TOWN CLERK Karol Kelly Office of the Superintendent Of Joseph Paoloni Highways RVEB 0 MAR 22 2016 March 15,2016 TOWN OF WAPPINGER 0 TOWN CLERK 2016 TOWN OF WAPPINGER BID REPORT We received two bids for gasoline and three bids for diesel fuel as follows: 89 OCTANE GASOLINE co Uj Bottini Fuel Mirabito Energy Products 00 e PER GAL +.2990 +.3132 The Superintendent recommends the bid for Gasoline be awarded to Bottini Fuel. o 0 DIESEL Bottini Fuel Mirabito Enemy Wilson Oil Products PER GAL +.1500 +.1757 +.2000 Over the New York Harbor Tank Car reseller's price as posted in the Journal of Commerce Daily Petroleum Prices of the New York Journal of Commerce. The Superintendent recommends the bid for Diesel Fuel be awarded to Bottini FueL Packet Pg. 31 5.1.a STRIPING OF TOWN ROADS We received two bids for Road Striping as follows: Hi-Way Safety 5d-e-ty Mar dn Double Yellow $340.00 $389.00 Centerline per mile Single White $ 180.00 $ 194.00 Edgeline per mile 0 The Superintendent recommends the bid be awarded to Ili-Way Safety Systems. as 0 CL0 ROAD AGGREGATES—SEE ATTACHED CHART The Superintendent recommends Red Wing Properties be awarded the bid for: Washed Tailings $22.00 per ton delivered cm Washed Gravel 1/4" $22.00 per ton delivered CO The Superintendent recommends Thalle Industries,Inc,be awarded the bid for: cm '00 0 e Crushed Tailings $19.00 per ton delivered cm The Superintendent recommends Westhook Sand&Gravel,Inc.be awarded the bid for: o 0 Crushed Stone: 3/8" $21.00 per ton delivered 1 1/2" $21.00 per ton delivered 21/2" $21.00 per ton delivered Item 4 $13.50 per ton delivered Run of Bank $19.50 per ton delivered Washed Gravel 3/8" $21.50 per ton delivered 3/4" $21.50 per ton delivered 1 1/z" $21.50 per ton delivered Packet Pg. 32 5.1.a The Superintendent recommends Tilcon New York,Inc.be awarded the bid for: Crushed Stone 1/4" $22.25 per ton delivered 1/2" $22.25 per ton delivered 5/8" $20.75 per ton delivered 3/4" $20.75 per ton delivered 1 '/2" $21.00 per ton delivered 21/2" $21.00 per ton delivered Snow/Ice Cn-its $15.45 per ton delivered The Superintendent also recommends we purchase our salt,pipe,blacktop and trash removal from the Town Recycle Center from OGS,state bid. 0 0 CL J 0 VA.,�� Vincent Bettina, Highway Superintendent ° Town of Wappingercm COe 00 cm CD CD cme e 0 0 Packet Pg. 33 ��i N�i�i�i i��eeiiNi� eei��u��eNNiunuUu�u uNun��N��ll umm��n� ��Nu��nu�'��iiun��a� ��au��in�a�llll@IN�11�1111 N�fll@IIIIIIIINIIIIIINIIIII 11 10111111111 IIIIIINII�INIIN unnn�e� n��Nm� 1110111111111111110 11111111 1IINNI311IIANNIIIIIII111IIINI DOS TOWN OF WAPPINGER ZONING ADMINISTRATOR Barbara Roberti - Ext. 128 ;" J� ti SUPERVISOR Lori Jiava PLANNING BOARD&ZONING BOARD OF APPEALS SECRETARY TOWN BOARD Bea Ogunti—Ext 122 r{ William H.Beale William CiccareIli ,--- � John Fenton ZONING DEPARTMENT Michael Kuzmicz 20 MIDDLEBUSH ROAD WAPPINGERS FALLS,NY 12590 (845)297-1373 Ext.2 Fax(845)297-0579 www.townofwappingenus To: Joseph Paoloni, Town Clerk �/J D From: Barbara Roberti,Zoning Adi ' strato Re: Schedule of Performance & Maint ance Bonds for the month of April 2016 MAR 2 2 2016 March 22,2016 TOWN OF WAPPINGER TOWN CLERIC PERFORMANCE BONDS co Uj SUBDIVISION(Sub.) SECURED 00 '0 SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS e Hilltop Village—Toll Land V Surety Bond$462,457.00 6/15/16 8/15/16 -reduction #39B SBGG1368 accepted by TB 9/29/15 Hilltop Village—Toll Land V Surety Bond$377, 800.00 No expiration date -reduction ( Sidewalks, Street Trees &Lighting) #SU1133194 accepted by TB 06-08-15 Maloney Heights Subdivision Bond $384,000.00 9/10/16 11/19/16 -accepted by TB (Attalah&Joseph Nesheiwat) #7751805 2/25/08 -Bond in effect until released by Town MAINTENANCE BONDS BRH Realty Subdivision L/C $ 18,960.00 6/29/16 9/24/2016 -Accepted by TB (Phantom Hollow Equities, Inc.) #SB9109120001 9/29/15. Two Year Maintenance Bond to 2017 Packet Pg. 35 5.1.a United Cerebral Palsy Subdivision L/C $6,933.20 6/31/16 8/31/2016 -Accepted by TB on Two Year Maintenance Bond to 2017 #20007134 9/29/15. Silver Fox Estates Subdivision L/C $ 85,623.75 6/14/2016 8/14/2016 -Accepted by TB Mid Hudson Holdings, LLC # on July 14,2014 SITE PLAN RESTORATION BONDS Calvary Chapel of the H.V. Cash Deposit $ 41,600.00 ****** -Accepted by TB on February 24,2014. 00 Released upon Resolution Approval w/signed maps 0 Hilltop Village—TO Bros. Cash Deposit $157,360.00 ******* -Accepted by TB on (Toll Land V,Limited Partnership) May 28,2013. Prestige Mini Cash Deposit $4,640.00 ******* -Accepted by TB on March 24,2014. Released upon Resolution Approval ch w/signed maps 00 e e 0 Cc: Planning Board Robert Gray Town Board Vincent Bettina Albert P. Roberts, Esq. File Packet Pg. 36 9.1.a Ctv, Jr 2815 4. 058M No. 7871, 1 I - - - -':;. „. - __ 4- ,rats;:r•y yls I N tiir9-Y r•. N•:' j:.^ivjw, fi)�Jli,�x T'•' S•'}=jvi:iii.:::.%nl!',u,•/:}'S d^�v,-• e,fe e' •` r :iY4i.7,::.�;:t.;T.'.:i':f^'''i:ni• i1j}ru'YS,J,•�' -79 arl P�fermnc Ab 'rrl,+J,J +�"w`_� � - '•'.r:.:'r+ r:C 1r ,'.,3E (� 1' IN, �.. 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'�. .. - � • Par_kpt Pn 37 9.1.b s� LOCAL LAW NO. 1 OF THE YEAR 2016 7@ BE IT ENACTED by the Town Board of the Town of Wappinger as follows: g as Section -L• Title: This Local Law shall be known and cited as "Amending Medical Uses under the Zoning Code." cm Section -11: Amendment of Article II of Chapter 240 to Add and Amend Definitions cc cc for Certain Medical Uses as Section 240-5 of Article H (Definitions) of Chapter 240 (Zoning) of the Town of Wappinger Code shall be amended by adding the following definitions in alphabetical order within the section: 6 z (1) LABORATORY, DENTAL An establishment primarily engaged in making dentures, artificial teeth, 0 and orthodontic appliances to order for the dental profession, where patients are not ordinarily seen. 0 (2) LABORATORY, MEDICAL An establishment primarily engaged in providing professional analytic or testing services to the medical profession, where patients are not ordinarily e seen; or an establishment primarily engaged in making prosthetic devices or hearing devices to order for the medical profession. cm co (3) HEALTHCARE PROFESSIONAL A physician,psychiatrist,podiatrist, chiropractor, osteopath, audiologist, e holistic medical practitioner, nurse practitioner,physical therapist, dentist, orthodontist,periodontist or similar such professionals that are licensed by the State of New York to provide health related services to the general cm public. (4) HEALTHCARE OFFICE e A facility used for the diagnosis and treatment of human patients by healthcare professional that does not include overnight care facilities. This definition includes, but is not limited to, the office of a single healthcare , professional, a group practice, an urgent care facility, a dialysis facility, a 0 physical therapy facility, or an imaging facility. 2 0 (5) SUBSTANCE ABUSE CLINIC A medical or psychotherapeutic treatment center for treating of dependency of psychoactive substances such as alcohol,prescription E F:\0)Chris\Local Laws\Local Law Filing\2016\LL Laboratory-Medical-Dental-2016-03-04.docx Last Saved: 3/9/2016 14:00 Packet Pg. 38 9.1.b s� drugs, and illegal street drugs such as heroin, cocaine, amphetamines, or similar such substances. @ The following definitions found in Section 240-5 of Article 11(Definitions) of Chapter 240 (Zoning) of the Town of Wappinger Code shall be amended to read as follows: (6) PROFESSIONAL OFFICE An office used by an architect, attorney, engineer, insurance broker, insurance salesman, real estate broker, real estate salesman, surveyor or as other similar professional. A Healthcare Office is not a Professional Office. (7) HOSPITAL A building providing primarily inpatient services for the diagnosis and � treatment of human ailments, including a sanatorium. 7@ U 0 The following definitions found in Section 240-5 of Article 11 (Definitions) of Chapter 240 (Zoning) of the Town of Wappinger Code are hereby deleted: 0 CLINIC and MEDICAL CLINIC e Section -III: Amendment of Article X of Chapter 240 "Off Street Parking" to Regulate C4 Parking for Certain Medical Uses co w Section 240-97 of Article X (Off Street Parking) of Chapter 240 (Zoning) of the Town of e Wappinger Code shall be amended to read as follows: Research or Development Laboratory 1 per employee, but not less than 1 per 600 square feet of gross floor area Medical or Dental Laboratory 1 per employee, but not less than 1 per 600 square feet of gross floor area Healthcare Office 1 for each 300 square feet of gross floor area Substance Abuse Clinic 1 for each 150 square feet of gross floor area on ground floor and 1 for each 250 square feet of gross floor area on other floors E2 0 2 Packet Pg. 39 9.1.b s� Section -IV: Amendment to Chapter 240 Schedule of Non-Residential Uses s3 7@ The Code of the Town of Wappinger shall be amended by revising the Schedule of Use g as Regulations, Non-residential District located at 240 Attachment 2 to Chapter 240 (Zoning) by revising the Schedule of Uses under the Use Heading"Medical" as follows: Use Districts Medical HB HM NB GB CC SC HD COP Al PUD Healthcare Office PP PP PP PP PP PP PP PP PP Hospital SPU SPU SPU SPU SPU SPU SPU Medical or Dental Laboratory PP PP PP PP PP PP PP PP PP Substance Abuse Clinics SPU SPU SPU SPU 3 U Section -V: Numbering for Codification: 0 It is the intention of the Town of Wappinger and it is hereby enacted that the provisions 0 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 to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be co Uj changed to "Chapter," "Section" or other appropriate word as required for codification; and any e such rearranging of the numbering and editing shall not effect the validity of this Local Law or e the provisions of the Code effected thereby. e Section -VI: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, e word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or 0 E2 circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative 3 Packet Pg.40 9.1.b s� intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted s3 7@ if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had g as not been included therein, and if such person or circumstance to which the Local Law or part C thereof is held inapplicable had been specifically exempt therefrom. 0 Section -VII: Effective Date: Cm This Local Law shall become effective immediately upon filing with the Secretary of State as as provided by law Municipal Home Rule Law. 4- cc U 0 0 e Cm Cme e e e C 0 e cc e 0 0 cc C 0 4 Packet Pg.41 Agency Use Only Full Environmental Assessment Form Project: lZoning Amendment Me ical Labs Part 2 -Identification of Potential Project Impacts Da.te: 2015-03.28 Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental 0 professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that :3 can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the @ most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the g lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceedingE_ with this assessment. as Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. e14 • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section. M • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general z question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the "whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. U • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, ®NO ❑YES the land surface of the proposed site. (See Part 1. D.1) 0 If"Yes'; answer questions a-j. If`No'; move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) impact impact may cb may occur occur CD e a.The proposed action may involve construction on land where depth to water table is co E2d ❑ ❑ Ui less than 3 feet. b.The proposed action may involve construction on slopes of 15%or greater. E2f ❑ ❑ a��s as c.The proposed action may involve construction on land where bedrock is exposed,or E2a ❑ ❑ generally within 5 feet of existing ground surface. 0 d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑ of natural material. 4- e.The proposed action may involve construction that continues for more than one year Dle ❑ ❑ 4T or in multiple phases. f.The proposed action may result in increased erosion,whether from physical D2e,D2q ❑ ❑ disturbance or vegetation removal(including from treatment by herbicides). as g.The proposed action is,or may be,located within a Coastal Erosion hazard area. Bli ❑ ❑ e h. Other impacts: ❑ ❑ 0 Page 1 of 10 Packet Pg.42 9.1.c 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, ®NO ❑YES minerals, fossils, caves). (See Part 1. E.2.g) I "Yes'; answer questions a-c. I `No'; move on to Section 3. Relevant No,or Moderate U Part I small to large Question(s) impact impact may 2 may occur occur a.Identify the specific land form(s)attached: E2g ❑ ❑ E cc b.The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ CD registered National Natural Landmark. e14 Specific feature: c. Other impacts: ❑ ❑ 3. Impacts on Surface Water 0 The proposed action may affect one or more wetlands or other surface water ONO ❑YES � bodies (e.g., streams, rivers,ponds or lakes). (See Part 1. D.2, E.21) I "Yes'; answer questions a- 1. I `No'; move on to Section 4. U Relevant No,or Moderate 0 Part I small to large Ti Question(s) impact impact may may occur occur CL 0 a.The proposed action may create a new water body. D2b,Dlh ❑ ❑ b.The proposed action may result in an increase or decrease of over 10%or more than a D2b El El 10 acre increase or decrease in the surface area of any body of water. c.The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ e from a wetland or water body. d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland,or in the bed or banks of any other water body. e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h ❑ ❑ runoff or by disturbing bottom sediments. E U f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ ❑ of water from surface water. CL4- g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ ❑ M 4T of wastewater to surface water(s). h.The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ ❑ 7@ stormwater discharge that may lead to siltation or other degradation of receiving 2 water bodies. 2 i.The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. C 0 j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h ❑ ❑ around any water body. zi 0 k.The proposed action may require the construction of new,or expansion of existing, Dla,D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 Packet Pg.43 9.1.c 1. Other impacts: ❑ a� 4. Impact on groundwater 0 The proposed action may result in new or additional use of ground water, or ©NO []YES :3 may have the potential to introduce contaminants to ground water or an aquifer. 2 (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) ams If"Yes'; answer questions a-h. If`No'; move on to Section S. 2 Relevant No,or Moderate S Part I small to large Question(s) impact impact may may occur occur d a.The proposed action may require new water supply wells,or create additional demand D2c ❑ ❑ CD on supplies from existing water supply wells. e14 b.Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. 0 Cite Source: 4- c.The proposed action may allow or result in residential uses in areas without water and D1 a,D2c ❑ ❑ sewer services. 6 d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 c� e.The proposed action may result in the construction of water supply wells in locations D2c,Elf, ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh 0 f.The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 ❑ ❑ over ground water or an aquifer. CL0 g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: ❑ ❑ M co 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. W]NO ❑YES as (See Part 1. E.2) CL I "Yes'; answer questions a-g. I `No'; move on to Section 6. E Relevant No,or Moderate 0 Part I small to large � Question(s) impact impact may m may occur occur - a.The proposed action may result in development in a designated floodway. E2i ❑ ❑ 4T b.The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ 2 c.The proposed action may result in development within a 500 year floodplain. E2k ❑ ❑ 0 2 d.The proposed action may result in,or require,modification of existing drainage D2b,D2e ❑ ❑ patterns. 0 e.The proposed action may change flood water flows that contribute to flooding. D2b,E2i, ❑ ❑ E2j,E2k f.If there is a dam located on the site of the proposed action,is the dam in need of repair, Ele ❑ ❑ or upgrade? Page 3 of 10 Packet Pg.44 g. Other impacts: I j 9.1.c 6. Impacts on Air The proposed action may include a state regulated air emission source. ©NO []YES :3 (See Part 1. D.2.£, D,2,h, D.2.g) If"Yes'; answer questions a-f If`No'; move on to Section 7. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.If the proposed action requires federal or state air emission permits,the action may cc also emit one or more greenhouse gases at or above the following levels: c� i. More than 1000 tons/year of carbon dioxide(CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide(N20) D2g ❑ ❑ iii.More than 1000 tons/year of carbon equivalent of perfluorocarbon(PFCs) D2g o El Eliv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g v. More than 1000 tons/year of carbon dioxide equivalent of D2g hydrochloroflourocarbons(HFCs)emissions vi.43 tons/year or more of methane D2h ❑ ❑ 0 b.The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration,or may produce an emissions D2f,D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. C d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑ CL above. 0 e.The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f. Other impacts: ❑ ❑ e 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2.m.-q.) W]NO ❑YES 42 I "Yes'; answer questions a- I `No'; move on to Section 8. aCL s Relevant No,or Moderate E Part I small to large U Question(s) impact impact may ct4, may occur occur M CL a.The proposed action may cause reduction in population or loss of individuals of any E2o ❑ ❑ threatened or endangered species,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. 7@ b.The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑ 2 any rare,threatened or endangered species,as listed by New York State or the federal 0 government. e c.The proposed action may cause reduction in population,or loss of individuals,of any E2p ❑ ❑ C species of special concern or conservation need,as listed by New York State or the 0 Federal government,that use the site,or are found on,over,or near the site. C d.The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ 0 any species of special concern and conservation need,as listed by New York State or the Federal government. Page 4 of 10 Packet Pg.45 9.1.c e.The proposed action may diminish the capacity of a registered National Natural E3c ❑ Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2n ❑ ❑ portion of a designated significant natural community. 0 Source: g.The proposed action may substantially interfere with nesting/breeding,foraging,or g over-wintering habitat for the predominant species that occupy or use the project site. Elm El El h.The proposed action requires the conversion of more than 10 acres of forest, Elb El El grassland or any other regionally or locally important habitat. C Habitat type&information source: 0 i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q ❑ ❑ CD herbicides or pesticides. e14 j. Other impacts: ❑ ❑ as 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) W]NO ❑YES z If"Yes'; answer questions a-h. If`No'; move on to Section 9. cc Relevant No,or Moderate Part I small to large Question(s) impact impact may 0 may occur occur a.The proposed action may impact soil classified within soil group 1 through 4 of the E2c,E3b ❑ ❑ CL NYS Land Classification System. 0 b.The proposed action may sever,cross or otherwise limit access to agricultural land El a,Elb ❑ ❑ (includes cropland,hayfields,pasture,vineyard,orchard,etc). �- c.The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a ❑ ❑ uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 acres if not within an Agricultural District. as e.The proposed action may disrupt or prevent installation of an agricultural land El a,Elb ❑ ❑ 2 CL management system. E 0 f.The proposed action may result,directly or indirectly,in increased development C2c,C3, ❑ ❑ U potential or pressure on farmland. 132c,D2d CL g.The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. M h. Other impacts: ❑ ❑ 7@ e C 0 zi C 0 Page 5 of 10 Packet Pg.46 9.1.c 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in W]NO [:]YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.La, E.Lb, E.31.) � I "Yes'; answer questions a-g. I `No'; o to Section 10. Relevant No,or Moderate Part I small to large Question(s) impact impact may 2 may occur occur a.Proposed action may be visible from any officially designated federal,state,or local E3h ❑ ❑ C scenic or aesthetic resource. E cc b.The proposed action may result in the obstruction,elimination or significant E3h,C2b ❑ ❑ screening of one or more officially designated scenic views. caa c.The proposed action may be visible from publicly accessible vantage points: E3h i. Seasonally (e.g.,screened by summer foliage,but visible during other seasons) ❑ ❑ ii.Year round ❑ ❑ d.The situation or activity in which viewers are engaged while viewing the proposed E3h 4- action is: E2q, i. Routine travel by residents,including travel to and from work F-1 F-1z ii.Recreational or tourism based activities Elc ❑ ❑ e.The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ appreciation of the designated aesthetic resource. U 0 f. There are similar projects visible within the following distance of the proposed Dla,Ela, ❑ ❑ project: Dlf,Dlg 0-1/2 mile 0 '/z-3 mile 3-5 mile 5+ mile g. Other impacts: ❑ ❑ Cm Coe 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological QNO ❑YES °' resource. (Part 1. E.3.e, f. and g.) CL If"Yes'; answer questions a-e. If`No'; go to Section 11. E 0 Relevant No,or Moderate U Part I small to large � Question(s) impact impact may CL may occur occur M as a.The proposed action may occur wholly or partially within,or substantially contiguous E3e ❑ ❑ to,any buildings,archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f ❑ ❑ to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. C N c.The proposed action may occur wholly or partially within,or substantially contiguous E3g ❑ ❑ zi to,an archaeological site not included on the NY SHPO inventory. a0s Source: E Page 6 of 10 Packet Pg.47 d. Other impacts: ❑ L 9.1.c If any of the above(a-d)are answered"Moderate to large impact may e. occur",continue with the following questions to help support conclusions in Part 3: 0 i. The proposed action may result in the destruction or alteration of all or part E3e,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or E3e,E3f, ❑ ❑ 2 integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which E3e,E3f, ❑ ❑ E are out of character with the site or property,or may alter its setting. E3g,E3h, cc C2,C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a W]NO F—]YES >� reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.l.c., E.2.q.) If"Yes'; answer questions a-e. If`No'; go to Section 12. Relevant No,or Moderate z Part I small to large Question(s) impact impact may may occur occur U 0 a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb ❑ ❑ services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. E2m,E2o, E2n,E2p 0 b.The proposed action may result in the loss of a current or future recreational resource. C2a,Elc, ❑ ❑ C2c,E2q c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑ with few such resources. Elc,E2q caa e d.The proposed action may result in loss of an area now used informally by the C2c,Elc ❑ ❑ co community as an open space resource. e. Other impacts: ❑ ❑ a��s as 12. Impact on Critical Environmental Areas U The proposed action may be located within or adjacent to a critical 0 NO YES cc environmental area(CEA). (See Part 1. E.3.d) I "Yes'; answer questions a-c. I `No'; o to Section 13. cc 0 Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur 2 a.The proposed action may result in a reduction in the quantity of the resource or EM ❑ ❑ characteristic which was the basis for designation of the CEA. b.The proposed action may result in a reduction in the quality of the resource or EM ❑ ❑ 0 characteristic which was the basis for designation of the CEA. c. Other impacts: ❑ ❑ a0s Page 7of10 Packet Pg.48 9.1.c 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. 0NO F-1 YES (See Part 1. D.2.j) a� I "Yes'; answer questions a-,f I `No'; o to Section 14. s� Relevant No,or Moderate Part I small to large Question(s) impact impact may a may occur occur 2 a.Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b.The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ C 0 more vehicles. E cc c.The proposed action will degrade existing transit access. D2j ❑ ❑ d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e.The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ as f. Other impacts: ❑ ❑ 0 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. ©NO YES (See Part 1. D.21) I "Yes'; answer questions a-e. I `No'; o to Section I5. U Relevant No,or Moderate Tj Part I small to large a Question(s) impact impact may may occur occur 0 a.The proposed action will require a new,or an upgrade to an existing,substation. D2k ❑ ❑ b.The proposed action will require the creation or extension of an energy transmission Dlf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k commercial or industrial use. caa c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k El El w d.The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. e.Other Impacts: CL 0 U 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. QNO ❑YES (See Part 1. D.2.m.,n., and o.) M I "Yes'; answer questions a-,f I "No'; o to Section 16. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. ,C 0 b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,Eld ❑ ❑ hospital,school,licensed day care center,or nursing home. C 0 c.The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 Packet Pg.49 9.1.c d.The proposed action may result in light shining onto adjoining properties. D2n ❑ e.The proposed action may result in lighting creating sky-glow brighter than existing 132n,Ela ❑ ❑ area conditions. as s� f. Other impacts: F-1-70 7@ 16. Impact on Human Health The proposed action may have an impact on human health from exposure ©NO YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f.g. and h.) C I "Yes'; answer questions a-m. I `No", go to Section 17. E Relevant No,or Moderate Part I small to large Question(s) impact impact may 64 may cccur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ ❑ care center,group home,nursing home or retirement community. 4- b.The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑ c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh ❑ ❑ 0 remediation on,or adjacent to,the site of the proposed action. d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh ❑ ❑ _ property(e.g., easement or deed restriction). U 0 e.The proposed action may affect institutional control measures that were put in place Elg,Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. CL f.The proposed action has adequate control measures in place to ensure that future 132t ❑ ❑ 0 generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,Elf ❑ ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ U" w i.The proposed action may result in an increase in the rate of disposal,or processing,of 132r,D2s ❑ ❑ solid waste. as j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh E 0 U k.The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ ❑ site to adjacent off site structures. CL 1.The proposed action may result in the release of contaminated leachate from the 132s,Elf, ❑ ❑ M 4T project site. D2r in. Other impacts: e C 0 4i C 0 Page 9 of 10 Packet Pg. 50 9.1.c 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. [:]NO W]YES 4) (See Part 1. C.1, C.2. and C.3.) � If"Yes'; answer questions a-h. If`No'; go to Section 18. Relevant No,or Moderate a Part I small to large Question(s) impact impact may may occur occur a.The proposed action's land use components may be different from,or in sharp C2,C3,Dla ® ❑ ams contrast to,current surrounding land use pattern(s). Ela,Elb E b.The proposed action will cause the permanent population of the city,town or village C2 ® ❑ in which the project is located to grow by more than 5%. 04 c.The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 ® ❑ d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 ® ❑ plans. e.The proposed action may cause a change in the density of development that is not C3,Dlc, ® ❑ 4- supported by existing infrastructure or is distant from existing infrastructure. Dld,Dlf, Dld,Elb f.The proposed action is located in an area characterized by low density development C4,D2c,D2d ® ❑ z that will require new or expanded public infrastructure. D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ® ❑ commercial development not included in the proposed action) 0 h. Other: ® CL ❑ 0 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. QNO ❑YES (See Part 1. C.2, C.3, D.2, E.3) I "Yes'; answer questions a-g. I `No'; proceed to Part 3. Relevant No,or Moderate ch Ui Part I small to large Question(s) impact impact may may occur occur a.The proposed action may replace or eliminate existing facilities,structures,or areas E3e,E3f,E3g ❑ ❑ CL of historic importance to the community. b.The proposed action may create a demand for additional community services(e.g. C4 ❑ ❑ U 04 schools,police and fire) c.The proposed action may displace affordable or low-income housing in an area where C2,C3,Dlf ❑ ❑ C there is a shortage of such housing. Dlg,Ela 4T d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 ❑ ❑ or designated public resources. e.The proposed action is inconsistent with the predominant architectural scale and C2,C3 ❑ ❑ character. f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 ❑ ❑ Ela,Elb E2g,E2h 0 N g. Other impacts: ❑ ❑ 4i PRINT FULL FORM Page 10 of 10 Packet Pg. 51 Agency Use Only'[IfApp1,�� Project: IZoningAmendment"Medical - - T (/ Date: 2015-03-28 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question M in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess thero osed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not p p as have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. cc IIS Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, W size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a articular element of the proposed action will not or may,result in a significant adverse Y P P Y g P P environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact ro • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. - i • Attach additional sheets,as needed. CL The proposed amendments are for clarification purposes only and create no adverse environmental impacts. The only new use classifications are those of medical laboratory and dental laboratory.Medical laboratories and dental laboratories may create medical wastes but not to an appreciably larger degree than medical offices which are currently allowed uses.Federal and state regulation regarding the handling of medical waste mitigate any adverse impact that may result for the generation of medical waste. e Traffic and parking associated with medical laboratories and dental laboratories are less than currently permitted professional offices because patients are not routinely seen at such facilities.Traffic generation is less for these less intense uses. C14s Furthermore,medical laboratory,dental laboratory,healthcare office and substance abuse clinics are principal permitted uses subject to site plan approval LLJ by the Planning Board.Site specific adverse impacts will be reviewed and mitigated during site plan approval. LMI M CLM W M i� Determination of Significance-Type 1 and Unlisted Actions SEQR Status: © Type 1 ❑Unlisted Identify portions of EAF completed for this Project: ©Part 1 Q Part 2 ®Part 3 Parkaf Pn �7 9.1.d Upon review of the information recorded on this EAF,as noted,plus this additional support information The proposed local law and comments from the Planning Board and Dutchess County Planning Department and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Town Board of the Town of Wappinger as lead agency that: M 2 © A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative j declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.d). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Amending Medical Uses under the Zoning Code M Name of Lead Agency: Town Board of the Town of Wappinger Name of Responsible Officer in Lead Agency: Lori Jiava Title of Responsible Officer: Supervisorf CL Signature of Responsible Officer in Lead Agency: W e_� Date: 2016-03-28 Signature of Preparer(if different from Responsible Officer) Date: 2016-03-28 e For Further Information: Contact Person: Barbara Roberti,Zoning Administrator Address: 20 Middlebush Road,Wappingers Falls,NY 12590 UJI Telephone Number:(845)297-1373 E-mail: BRoberti@townofwappinger.usLM For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: M CL Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) M Environmental Notice Bulletin: http://www.dec.nv.aov/enb/enb.html PRINT FULL FORM , Page 2 of 2 Packet Pg. 53 9.4.a DRAFT SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. THIS AGREEMENT made the day of March, 2016, by and between ® TOWN OF WAPPINGER A Municipal Subdivision, having its offices at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "TOWN" and THE TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. A Not-For-Profit Corporation, with its principal offices at T 15 Middlebush Road, Wappingers Falls, New York 12590, 0 hereinafter referred to as the"WAPPINGER LITTLE LEAGUE". as as WITNESSETH: WHEREAS; the TOWN acknowledges' the long-standing relationship,, between the TOWN andWAPPINGER LITTLE LEAGUE and ackno ledges with g ratitude the partnership X the TOWN has had with WAPPINGER LITTLE LEAGUE in providing an,outstanding baseball as program for the youth of the Town of Wappinger and its assistance in''maintaining the TOWN'S baseball fields;and WHEREAS, WAPPINGER LITTLE LEAGUE recognizes that all of the sports fields cm CM owned and maintained by the TOWN are located within public recreation lands, and, except as cm authorized by this Agreement, WAPPINGER LITTLE LEAGUE acknowledges that the ball co Uj fields are open to the general public for use—a§ athletic fields, subjedA6 approvat by the Town; as Board and as administered by the'Tvwn of Wappinger Director of Recreation and the Town of Wappinger Recreation Committee; and - 1 - Packet Pg. 54 9.4.a DRAFT WHEREAS, the TOWN wishes to contract with the WAPPINGER LITTLE LEAGUE as to provide a baseball program and baseball instruction for the youth of the Town of Wappinger as hereinafter specified; and WHEREAS, the WAPPINGER LITTLE LEAGUE is willing to provide such services upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, and other good and valuable consideration, the TOWN and the C as WAPPINGER LITTLE LEAGUE hereby agree as follows: T 1. Recitations. The recitations above set forth are hereby incorporated into this a as Agreement as if fully set forth herein. 2. Term. The term of this Agreement shall be from the date of execution hereof through December 31, 2016. C 3. Services Provided. w 3.1. The WAPPINGER LITTLE LEAGUE shall provide management and supervision of a softball and baseball program for all youth residing within the Town of 0 Wappinger and the Village of Wappingers Falls between the ages of 4 and 20. CM 3.1.1. Prior to April I s,2616, APPINGER LITTLE LEAGUE shall CM e supply,the Town Beard with a roster of the'participAnts in the softball and baseball program;, CM e such roster shall contain the''names, addresses,,including:township;of the''residence' of each C participant'. 3.2. The baseball program shall include softball or baseball activities in one of the following Leagues: CM Challenger Leagues-Age Group'=varied 4 tei l8,years old zi Tee 1341-Age Group-4 to'6 years old 0 - 2 - Packet Pg. 55 9.4.a DRAFT Minor League"Baseball —Age Group-7 to 12 years old Little League Baseball Softball—Age Group-9 to 12 years old Instructional Baseball &'Softball-Age Group=6 to',8,years old , Junior/Senior I.,eague Baseball &Softball —Age Group- 13 tci 16 years old BigIcague Baseball—Age Group- 16 to'18 years old Such baseball programs shall comport with the rules and regulations of the International Little League. 3.3. Assignment of participating youths shall be made by the WAPPINGER LITTLE LEAGUE, which shall make such assignment by taking into consideration the age of as the youth and the youth's individual skill level as determined by the WAPPINGER LITTLE T LEAGUE. a as 3.4. The WAPPINGER LITTLE LEAGUE shall provide all supervision, coaches, instructors, and umpiring personnel necessary to provide management, supervision and instruction in the above-referenced leagues both baseball and softball, as well as expose the youth to a team experience in a formal organized baseball program. The WAPPINGER LITTLE Baa LEAGUE shall provide such administrative personnel as necessary to provide for the smooth and efficient operation of the above mentioned Leagues, together with necessary coordination of 0 such programs and use of TOWN fields as approved by the Town of Wapp nger IRecreaticin Director, in consultation with the Town of Wappinger,Recreation C©mmittee and the Chairman e of the Town of Wappinger Recreation Committee. coe Ui 4. Revocable License to Use Town Sports Field Facilities. 4.1. The TOWN shall provide adequate sports field facilities for the as baseball/softball sports program herein set forth; specifically, the TOWN hereby grants a revocable license to WAPPINGER LITTLE LEAGUE to use the Robinson Lane Recreation Facility, the Martz Recreation Field and such other fields as authorized by the Town of as - 3 - Packet Pg. 56 9.4.a DRAFT Wappinger Recreation Director, in consultation'' with the Town of Wappinger Recreation as Committee (hereinafter"Committee") and the. Chairman of the'Tv n of'Wappinger Recreation Committee' in accordance with the parks and facilities'use procedure'as'adopted by the Town Board. 4.2. No later than March 31,20165 the WAPPINGER LITTLE LEAGUE shall submit a proposed use of the baseball fi elds'necessary to provide the baseball program'for the League specified in 3.2 above:So-called travel teams are not included, The'schedulc of needed as baseball fields shall lie submitted to the Director of Recreation ,and the Chairman of, the T Recreation'Committee' who shall review and approve the schedule of use©f the fields' or make any necessary modifications thereto', Any changcs' tothe scheduled use of the fields'must be approved by, the Director of Recreation and the Chairman of the Recreation Committee::on 4- Monday of cach' week;hereafter, WAPPINGER LITTLE LEAGUE willconfirm the approved use ©f fi elds'for the'follovvin week; Any,change in the schedule of use of said fields'must,be submitted atthattime. 4.3. Considering Rhe'extent of the various League programs} and to the extent �+ 0 practicable' the TOWN shall give WAPPINGER LITTLE LEAGUE a priority in scheduling the cm use of the fields; The Wappinger Recreation Director and/or the Chairman of the'Recreation cm e Committee' may, consult with the'' Supervisor of Buildings and Grbunds of the Town ofcm e Wappinget to the extent his input may be'necessary in,approving'the use'of the'fields'or other facilities' authorized herein;- The parties acknowledge that the following individuals are dilly E Appointed to the positions following their names: Wappinger Recreation Director-Jessica.Fulton cm Chairman of the Recreation Committee'—Ralph Holt - 4 - Packet Pg. 57 9.4.a DRAFT Supervisor of Buildings and Grounds' Steve Frazier President of Wappinger Little League =Peter McGowan Safety Director of Wappinger Little League Dave Twilley Director of Field Maintenance,Wappinger Little League = Scott 1Dcincs The TOWN and WAPPINGER LITTLE LEAGUE will promptly notify the other party if there is any change in the above identified parties. 4.4. The use of, the baseball fields' and related facilities authorized by the as TOWN shall include backstops, fencing, dugouts, restrooms, all as they presently exist and as T they may be maintained from time to time hereafter. a as 4.5. The TOWN shall be responsible for all maintenance and repairs of the fields and such custodial services as may be deemed necessary by the Town of Wappinger Recreation Committee and as approved by the Town Board, except as hereinafter set forth. The WAPPINGER LITTLE LEAGUE shall promptly notify, in writing,' the'Recreation Director of Baa any dangerous conditions on any of the fa;cilitie licensed hereunder or any needed repairs to the baseball fields'or other facilities. �+ 0 4.6. The Town Board, in consultation with the Recreation Director and Chairman, of the'Recreation Committee, must approve all capital or major improvements e requested to be undertaken by WAPPINGER LITTLE LEAGUE on any of the sports fields; the coe approval shall be in the form of a motion or resolution adopted by the Town Board at any regular or special Town Board Meeting. The request for improvements must identify the type of as improvements and any design plans. All such improvements shall be paid for by WAPPINGER LITTLE LEAGUE unless the TOWN expressly agrees otherwise. - 5 - Packet Pg. 58 9.4.a DRAFT 4.7. Since Robinson Lane Recreation Facility is a locked-gate Town park, the as Town Board, or the Town's Supervisor of Buildings and Grounds, shall designate authorized personnel to open and close the park each day and shall so notify WAPPINGER LITTLE LEAGUE and the Town's Director of Recreation. (See also paragraph 64 regarding use of nighttights.) 4.8. The Recreation Director will notify WAPPINGER LITTLE LEAGUE in the event there is any recluest'tci use any of the park facilities'thatmay conflict with the approved as schedule of uses by WAPPINGER LITTLE LEAGUE. To the''extent practicable,,the TOWN T shall not grant approval to outside users so' as to insure there will be' 'no,conflicts with, the approved schedule ofuses f6rWAPPINGER LITTLE LEAGUE. Both parties agree to cooperate to maximize use of the facilities with other users, with a preference given to WAPPINGER LITTLE LEAGUE whenever possible or practical. 5. Use of Buildings and Grounds. 5.1. During' the time 'that' APPIGER LITTLE LEAGUE is using the baseball fields'in accordance;'with the'schedule of uses, the TOWN hereby, grants a';revocable � 0 license to WAPPINGER LITTLE LEAGUE to use existing buildings at the Rubinson Lane Recreation' Facility for the purposes of storage of equipment and the''operation of a f6od and CM .. e drink concession. No ether use of the buildings or the grounds'shall be permitted 'without theCM COe Uj expressed consent on the Recreation,,Director(',upon' consultation with the''Chairman of the Recreation'Committee. 5.2. The WAPPINGER LITTLE LEAGUE will be responsible for the maintenance and cleanliness of the concession stand and further affirmatively agrees to operate CM C 4) - 6 - Packet Pg. 59 9.4.a DRAFT the concession stand in accordance with the rules of the Dutchess County Health Department and as any other regulatory agency having jurisdiction over the facility. 53. Any violations of any rules, law, regulation, ordinance''ar statute by WAPPINGER LITTLE LEAGUE in the operation of the concession stand will be the''sole responsibility of WAPPINGER LITTLE LEAGUE and WAPPINGER LITTLE LEAGUE agrees to indemnify and hold harmless the TOWN for any such violations. 6. TOWN Responsibilities. 6.1. The TOWN shall pay for the cost of a potable water supply at Robinson T Lane Recreation Facility and shall supply general and routine maintenance to the parks' a as buildings, structures and grounds, except for those items specifically designated as WAPPINGER LITTLE LEAGUE responsibilities in paragraph 7 following. 6.2. The parties acknowledge that lights for night games have been constructed at the following fields at the Robinson Lane Recreation Facility: Baa Holt Memorial Field Senior League Field 1 Melissa Bisaccia Memorial Field. 0 WAPPINGER LITTLE LEAGUE shall be authorized to utilize the night lights a minimum of cm CM three (3) nights per week at each of the aforementioned fields, and at such other times as cm approved in writing by' the'Recreation Director, upon consultation with the Chairman of the co UJ Recreation' Committee. Under no circumstances shall lights be permitted to operate beyond as 11:00 p.m. on any given dates. The TOWN shall arrange for a timer on the lights which will be set to turn off promptly at 11:00 p.m. daily. cm - 7 - Packet Pg. 60 9.4.a DRAFT 6.3. The TOWN shall maintain the night lights and keep them in proper as working order and inspected as needed to insure that the lights are in compliance with International Little League Guidelines for night games. 6.4. The TOWN, through its; Supervisor of Buildings and. Grounds, shall develop a new security protocol for the use of night lights and WAPPINGER LITTLE LEAGUE agrees to cooperate with the TOWN and comply with the adopted security protocol. The dates on which nigltlights wilt be used by WAPPINGEk LITTLE LEAGUE shalt be identified in the`use schedule identified in paragraph 4.1,. (See also p4ragra h 7.6 below.) T 6.5. The TOWN shall pay for all utility charges to any of the sports fields and a as facilities. The TOWN shall supply porta johns, garbage removal and make sure bathrooms are in proper working order(except for routine maintenance). 6.5.1. The TOWN shall be responsible for cleaning of the bathrooms at C the Robinson Lane Recreation Facility as follows: w 6.5.1.1. The TOWN shall provide for a daily sweep, quick mop and emptying of trash cans on a daily basis and shall provide for a thorough cleaning at least 0 once per week. 6.5.1.2. The Supervisor of Buildings and Grounds shall designate, CM e in writing, a person or business entity whc 'shall be contacted in the event emergency,repairs areCM Coe Uj needed f6r any of the facilities'licensed herein. C 6.6. The TOWN shall mow and maintain common areas outside of designated 0 as ball fields, and shall mow and maintain outfield grass on each of the ball fields. 6.7. The TOWN shall maintain and keep in structurally good order the CM dugouts, backstops, fences, signs,plumbing and electrical services to the parks. zi 0 - 8 - Packet Pg. 61 9.4.a DRAFT 6.8. Upon request by WAPPINGER LITTLE LEAGUE, the TOWN, through the Department of Buildings and Grounds shall trim or remove any trees or ornamental shrubbery that interferes with game playing on any of the fields. 6.9. The TOWN will supply twenty-four (24) tons of clay and one (1)pallet of lime marking chalk for the ball fields. C 6.10. The TOWN hereby grants WAPPINGER LITTLE LEAGUE a license and permission to use, in common with TOWN employees, the lawn mower owned by the TOWN C as and located at Robinson Lane Recreation Facility for the preparation and maintenance of infield T grass on each of the ball fields. a as 7. WAPPINGER LITTLE LEAGUE Responsibilities. 7.1. Prior to the start of the baseball/softball season, or April X15, 2416,E whichever,date is later, WAPPINGER LITTLE LEAGUE shall supply the Town Board with a roster containing the names, addresses, including township and place of the residence, of each w participant. 7.2. WAPPINGER LITTLE LEAGUE shallpay fear the cost of a telephone line 0 at the Robinson Lane Recreation Facility. 7.3. WAPPINGER LITTLE LEAGUE shall be responsible for routine weekly CM e cleaning of the dugouts, and for maintaining all infields on each of the ball fields, including turfCM M Co Uj maintenance, mowing, seeding, aeration, installation/raking and rolling of clay, application of C fertilizer and application of drying agent for clay; WAPPINGER LITTLE LEAGUE shall be 0 E responsible for spreading the clay and appropriately marking the ball fields With lines. CM C 0 - 9 - Packet Pg. 62 9.4.a DRAFT 7.4. WAPPINGER LITTLE LEAGUE will be responsible for properly measuring all base line distances; pitcher mound distances and any other measurements pursuant to the guidelines and regulations set forth by the International Little League 7.5. WAPPINGER LITTLE LEAGUE shall be responsible for procuring any as additional clay over the twenty-four(24) tons to be supplied by the TOWN. 7.6. WAPPINGER LITTLE LEAGUE will supply all other needed equipment, including tractors, mowers, chalk liners, etc., necessary to maintain the sports fields in suitable C as condition, for play, in accordance with International Little League Rules; WAPPINGER LITTLE T LEAGUE shall also supply fuel and other maintenance items for all lawn mowers used by it. a as 7.7. The Supervisor of Buildings and Grounds, in consultation with WAPPINGER LITTLE LEAGUE, shall designate someone in writing tci turn the night lights off each night, in the event usage of the lights terminates prior tci the'automatic timer turning the lights off; the designated person shall also be responsible for turning off the lights for any other w users of the field authorized to have night games at the Robinson Lane Recreation Facility. The Supervisor of Buildings and Grounds shall also designate someone to close the Robinson Lane 0 Recreation Facility each day during the baseball season. 7.8. WAPPINGER LITTLE LEAGUE will pay for any improvements it deems CM e necessary outside of the TOWN responsibilities, subject to Town Board approval, in consultationCM M Co UJ with the F.ecreatcin Director and the Chairman of the Recreatcin Committee. C 8. Equipment. The WAPPINGER LITTLE LEAGUE shall provide all sporting 0 as equipment necessary for the implementation of the baseball/softball sports program to be provided herein, including, but not limited to, bases, balls, insurance, uniforms, league fees, CM C 0 - 10 - Packet Pg. 63 9.4.a DRAFT players' equipment, pitching mound, etc., and such other equipment to maintain the fields as as required by the International Little League Rules. 9. Availability. The baseball/softball sports program herein provided shall be made available to all youth of the TOWN, inclusive of the Village of Wappingers Falls. The sports program shall be provided starting in the month of March 2016 through the completion of the summer/fall program in November 2016, as approved by the Recreation Committee. 10. Medical Insurance Coverage. The WAPPINGER LITTLE LEAGUE shall as provide medical/injury insurance equal t6 or greater than the standard International Little League T insurance coverage covering the medical expenses for any of the participants in the as baseball/softball program. 11. Financial Disclosure. The WAPPINGER LITTLE LEAGUE will furnish to the Town Board a profit and loss statement for the WAPPINGER LITTLE LEAGUE and show distribution of funds from any non-profit tournaments run at Robinson Lane Recreation Facility w no later than January 31 sf of each year hereafter. 12. Fee for Administration afProy�ram. �+ 0 12.1. The TOWN shall pay WAPPINGER LITTLE LEAGUE the sum of Six Thousand Dollars ($6,000.00) for the administration and oversight of the baseball/softball C14 e programs to be provided pursuant to this Agreement. coe 12.2. WAPPINGER LITTLE LEAGUE shall be solely responsible for providing all additional financial support necessary to provide the baseball/softball programs to as be provided hereunder. 12.3. The TOWN will authorize the use of the Robinson Lane Recreation Facility by the WAPPINGER LITTLE LEAGUE for one additional tournament. All proceeds as - 11 - Packet Pg. 64 9.4.a DRAFT from the tournament will be paid to WAPPINGER LITTLE LEAGUE and will be used to as financially subsidize the baseball program authorized by this Agreement. The TOWN shall not charge any fee for the use of the Robinson Lane Recreation Facility for this tournament, except, however, in the event the night lights are used, the TOWN shall be paid $250.00 per field for the use of such lights. 13. Liability Insurance. 13.1. The WAPPINGER LITTLE LEAGUE shall indemnify and hold harmless as the TOWN from all claims on account of injury, loss or damage arising or alleged to arise out of T or in connection with the occupancy or use of the Town of Wappinger Recreation Fields; a as including all expenses incurred by the TOWN in the defense, settlement or satisfaction thereof including expenses of legal counsel. 13.2. In addition, the WAPPINGER LITTLE LEAGUE agrees to provide to the TOWN, a certificate of insurance, which indicates a current Commercial General Liability policy UJ is in force with the WAPPINGER LITTLE LEAGUE as a named insured written with an insurance company with an A. M. Best's rating of "A" or better. The occurrence limit must 0 indicate a limit not less than $1,000,000. The TOWN shall be named as an additional insured and/or certificate holder on a primary, non-contributory basis. CM e 13.3. No approval is granted or implied unless and until all requirements asCM M co UJ outlined above have been submitted to, received and accepted by the TOWN. 14. Indemnification. The WAPPINGER LITTLE LEAGUE will save, indemnify as and hold harmless the TOWN and its agents, servants and employees from against all claims damages, losses and expenses including attorney's fees arising out of or resulting from any CM claims, damages, disease, death or injury to any participants in the program conducted by the as - 12 - Packet Pg. 65 9.4.a DRAFT WAPPINGER LITTLE LEAGUE, including the loss or destruction of tangible personal as property, except, however, the WAPPINGER LITTLE LEAGUE shall not responsible or assume any liability for any acts of negligence committed by or on behalf of the TOWN, its agents, servants and employees. 15. Worker's Compensation. The WAPPINGER LITTLE LEAGUE shall provide Worker's Compensation coverage as required by General Municipal Law §108. 16. Mandatory Provision. Each and every provision required by law to be inserted as in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and T enforced as though it were included herein and in the event any such provision is not inserted or a as is not correctly inserted, then, upon the application of either party, this Agreement shall forthwith be physically amended to make such insertions or corrections. 17. Non-Discrimination. The WAPPINGER LITTLE LEAGUE will not discriminate because of race, color, national origin, ancestry, or religion; the program shall be w open to all youths who have a permanent residence within the Town of Wappinger, including the Village of Wappingers Falls, who are between the ages of 5 and 18. 0 18. Independent Contractor. The parties hereby agree that WAPPINGER LITTLE LEAGUE is hereby deemed an "independent contractor" and shall not be considered an C4 e employee or agent of the Town of Wappinger. coe Uj 19. Non-Assignment. This Agreement may not be assigned. 20. Authorization. Each party, by execution of this Agreement, represents that it as has duly obtained the authorization of its governing body to enter into this Agreement. The Town Supervisor or her duly designated Deputy Supervisor is hereby authorized to execute this - 13 - Packet Pg. 66 9.4.a DRAFT Agreement pursuant to a Resolution adopted by the Town Board of the Town of Wappinger at a as regular meeting thereof held on the day of ,2016. 21. Duplicate Originals. This instrument shall be executed in four(4) counterparts with at least one duplicate original permanently filed in the Office of the Town Clerk of the Town of Wappinger. IN WITNESSETH THEREOF, the parties have set their hands and seal this day of March, 2016. as TOWN OF WAPPINGER T By: LORI A. JIAVA, Supervisor TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. By: PETER MCGOWAN, President X STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On the day of March, 2016, before me, the undersigned,personally appeared LORI A. JIAVA known to me or proved to me on the basis of satisfactory evidence to be the individual cm whose name is subscribed to the within instrument and acknowledged to me that she executed co the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. as 4) 4) Notary Public cm - 14 - Packet Pg. 67 9.4.a DRAFT STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) °' On the day of March, 2016, before me, the undersigned, personally appeared PETER MCGOWAN known to me or proved to me on the basis of satisfactory evidence to be as the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public T 4- X Uj0 cm CM e cm co Uj cm e - 15 - Packet Pg. 68 9.5.a INTERMUNICIPAL AGREEMENT For @ DOG CONTROL OFFICER •2 BETWEEN E TOWN OF LAGRANGE AND TOWN OF WAPPINGER Dutchess County, New York THIS INTERMUNICIPAL AGREEMENT, made and entered into x Ui the day of , 2016, by and between the Town of LaGrange, a municipal subdivision of the State of New York, situated in Dutchess County with offices located at 120 Stringham Road, LaGrangeville, New York 12540 ("Town of LaGrange") and the Town of Wappinger, a municipal subdivision of the State of New York situated in Dutchess County with offices located at 20 Middlebush Road, Wappingers Falls, New York 12590 ("Town of Wappinger"); WITNESSETH: co w "ERAS, pursuant to Article 5-G of the General Municipal Law, the parties are authorized to enter into this Intermunicipal Agreement for cc the purposes of cooperative operation and administration of services; andcc e WHEREAS, the Town Board of the Town of LaGrange desires to provide Dog Control Services to the residents of the Town of Wappinger 0 when requested for purposes of covering in the event of an illness, a vacation or interruption in services. IL IL Ui WHEREAS, the Town of Wappinger is desirous in joining the Ui Ui Town of LaGrange in providing similar services for the residents of the c� Town of LaGrange; and WHEREAS, the Town of LaGrange and the Town of Wappinger desire to facilitate such services through cooperative means; W Ui NOW, THEREFORE, in consideration of mutual covenants herein contained it is hereby agreed by the Town of LaGrange and the Town of Wappinger as follows: E Packet Pg. 69 9.5.a 1. The Town of LaGrange agrees to indemnify and hold harmless the LI Town of Wappinger and its agents and employees from any cause, claim, action, liability, fine, penalty, or proceeding (including attorney's fees) arising directly or indirectly out of the willful or negligent acts or omissions of the Town of LaGrange or its officers, employees, or agents with respect to this agreement. The Town of Wappinger agrees to indemnify and hold harmless the Town of LaGrange and its agents and employees from any cause, claim, action, liability, fine, penalty, or proceeding (including attorney's fees) arising directly or indirectly out of the willful or negligent U, acts or omissions of the Town of Wappinger or its officers, employees, or agents with respect to this agreement. This provision, as well as the additional provisions of this Agreement, is solely for the benefit of the parties hereto and the parties intend to benefit to any third-persons. 2. The Town of LaGrange will name the Town of Wappinger as cm .. insured on its General Liability policy. cme 3. The Town of Wappinger will name the Town of LaGrange as Ui insured on its General Liability policy. cc cc 4. Neither the Town of LaGrange nor the Town of Wappinger shall cc incur fees related to this Intermunicipal Agreement for Dog Control Officer services. 0 5. The Town of LaGrange provides the Town of Wappinger Dog a Control Officer the rights enforce state laws in the Town of LaGrange, IL IL pursuant to Article 7 of the New York State Agriculture and Markets Law, Ui including dangerous dog enforcement and prosecution. w 6. The Town of Wappinger provides the Town of LaGrange the rights to enforce state laws in the Town of Wappinger, pursuant to Article 7 of the New York State Agriculture and Markets Law, including dangerous dog enforcement and prosecution. Ui 7. Should either the Town of LaGrange or the Town of Wappinger wish to withdraw from this Agreement, the Town of LaGrange and Town of Wappinger shall meet to mutually agree upon such terms and conditions as E may be amendable to the parties. Packet Pg. 70 9.5.a 8. Any and all correspondence required hereunder shall be addressed EL as follows, or to such other address as may hereafter be designated in 0 writing by the respective party: S To the Town of LaGrange: 0 Alan Bell, Supervisor Town of LaGrange 120 Stringham Road X Ui LaGrangeville, New York 12540 With a copy to: Ronald Blass, Esq. VanDeWater & VanDeWater 85 Civic Center Plaza, Suite 101 CM P.O. Box 112 Poughkeepsie, New York 12602 CMe Ui To the Town of Wappinger: Lori Jiava, Supervisor cc Town of Wappinger cc 20 Middlebush Road Wappingers Falls, New York 12590 0 With a copy to: 0 Albert P. Roberts, Esq. z Stenger, Roberts, Davis & Diamond Ui 113 6 Route 9, Suite 2Ui Ui Wappingers Falls, New York 12590 9. No waiver of any breach 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 Ui constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. Packet Pg. 71 9.5.a 10. This Agreement constitutes a complete understanding of the parties. No modification of any of the provisions thereof shall be valid EL unless in writing and is signed by both parties. This Agreement may be •2 executed in one or more counterparts, each of which shall be an original for E L_ all purposes. r_ 11. The Intermunicipal Agreement shall be automatically renewed 0 annually unless either party wishes to terminate this Agreement with 30 days written notice to Town Supervisor. X IN WITNESS WHEREOF the Town of LaGrange and the Town of Ui Wappinger will cause their corporate seals to be affixed hereto and this instrument shall be signed by Alan Bell, Town Supervisor of the Town of LaGrange and Lori Jiava, Town Supervisor of the Town of Wappinger. Attest: Town of LaGrange cm e CD cm M co Christine O'Reilly-Rao, Town Clerk Ui Alan Bell, Town Supervisor (Seal) e 0 0 e Ui Ui Ui Attest: Town of Wappinger c� Joseph P. Paoloni, Town Clerk Lori Jiava, Town Supervisor M 2 (Seal) Packet Pg. 72 9.5.a State of New York ) )ss.: E County of Dutchess ) On the day of in the year 2016 before me, the undersigned, a Notary Public in and for said State, personally appeared Alan Bell personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is X Ui subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 0 cm e CD cm Ui e Notary Public cccc cc State of New York ) )ss.: County of Dutchess ) 0 e On the day of in the year 2016 before me, the undersigned, a Notary Ui Public in and for said State, personally appeared Lori Jiava personally known to me or Ui proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. �? z Ui Notary Public Packet Pg. 73 9.6.a 3/23/20164:51:17 PM DRAFT INTER-MUNICIPAL COOPERATION AGREEMENT FOR A Wappinger Creek Recreation Committee 0 U THIS AGREEMENT made this day of , 2016, by and between .EL2 TOWN OF POUGHKEEPSIE, a municipal corporation of the State of New York, having its principal offices at Town Hall, 1 Overocker Road, Poughkeepsie, New York 12603 (hereinafter the "TOP") and TOWN OF WAPPINGER, a municipal corporation of the State of New York, having its principal offices at Town Hall, 20 Middlebush Road, Wappingers Falls, NY 12590 (hereinafter the"TOW") and CMe VILLAGE OF WAPPINGERS FALLScm, a municipal corporation of the State of New York, co having its principal offices at Village Hall, Ui 2582 South Avenue, Wappingers Falls,New York 12590 (hereinafter the "VILLAGE"). E WITNESSETH: 0 WHEREAS, The TOW, TOP, and VILLAGE share the Lower Wappinger Creek; and 0 7@ WHEREAS, The Lower Wappinger Creek is recreationally underutilized; and 2 2 WHEREAS, Through a CDBG grant, a Hudson River Improvement Fund grant, and a E Department of Environmental Conservation Hudson River Estuary Access grant, which were obtained by the VILLAGE, the creation of a Lower Wappinger Creek Community Boathouse and Park will commence in the near future; and - 1 - C:AUsers\jpaoloni\AppData\Local\Microsoft\Windows\Temporary Internet File s\Content.0utlook\601PQQG5\Intermunicipal Cooperation Agreement.doc Packet Pg. 74 9.6.a 3/23/20164:51:17 PM WHEREAS,the VILLAGE relies solely on volunteers for its recreational programming; and WHEREAS, the TOW and the TOP have paid recreation departments with higher programming capabilities; and 0 0 WHEREAS, The location of the proposed boathouse and parkland are located within the VILLAGE; and WHEREAS, The three partnered municipalities desire to establish an agreement for managing these shared resources; and S NOW, THEREFORE,IN CONSIDERATION OF the mutual promises, covenants and obligations contained herein, the TOW, the TOP, and the VILLAGE hereby agree as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this w Agreement as if fully set forth and recited herein. 2. Administration Structure of Lower Wappinger Creek Community Boathouse. L- 0 2.1. The Village of Wappingers Falls, TOW, and the TOP governing bodies shall appoint two community members each to comprise a committee in charge of administering the CM e Boathouse CM coe 2.2. Each member will be appointed annually and may be removed from this committee at anytime by their municipality's governing body: as 3. Administrative Responsibilities 3.1. This committee will be responsible for establishing rates and fees for the use of the E2 Boathouse. Additionally, they will be responsible for authoring and issuing requests for 0 U proposals to rent out portions of the facility. .2 E - 2 - C:AUsers\jpaoloni\AppData\Local\Microsoft\Windows\Temporary Internet File s\Content.0utlook\601PQQG5\Intermunicipal Cooperation Agreement.doc Packet Pg. 75 9.6.a 3/23/20164:51:17 PM 4. Maintenance E as 4.1. The Village of Wappingers Falls will be responsible for the maintenance of the as building. Maintenance costs will be included in facility fees to renters and event organizers. The TOW and the TOP will not be required to financially support the maintenance of this facility. 0 U 5. Term. .2 r- 5.1. - 5.1. The term of this Agreement shall commence on August 2015 and terminate on e December 31, 2017. This Agreement may be renewed by each municipality adopting a Resolution authorizing its renewal for a term of two (2) additional years. Notwithstanding the 0 foregoing, each municipality shall have the right, option and privilege of terminating this X Agreement. Uj as IN WITNESS WHEREOF, the parties have executed this Agreement, on the date first 0 set forth above. CM e TOWN OF WAPPINGER VILLAGE OF WAPPINGERS FALLS coe By. By. LORI JIAVA MATTHEW ALEXANDER Town Supervisor Village Mayor E TOWN OF POUGHKEEPSIE By: TODD TANCREDI 0 Town Supervisor U .EL2 E - 3 - C:AUsers\jpaoloni\AppData\Local\Microsoft\Windows\Temporary Internet File s\Content.0utlook\601PQQG5\Intermunicipal Cooperation Agreement.doc Packet Pg. 76 9.6.a 3/23/20164:51:17 PM CL0 0 CL e STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) Baa On the day of March, 2016, before me, the undersigned,personally appeared TODD TANCREDI known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that 0 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. CM e cm Notary Public co w STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On the day of March, 2016, before me, the undersigned,personally appeared MATTHEW ALEXANDER known to me or proved to me on the basis of satisfactory evidence 0 to be the individual whose name is subscribed to the within instrument and acknowledged to me U that he executed the same in his capacity, and that by his signature on the instrument, the EL individual, or the person upon behalf of which the individual acted, executed the instrument. .2 E Notary Public as - 4 - C:AUsers\jpaoloni\AppData\Local\Microsoft\Windows\Temporary Internet File s\Content.0utlook\601PQQG5\Intermunicipal Cooperation Agreement.doc Packet Pg. 77 9.6.a 3/23/20164:51:17 PM STATE OF NEW YORK ) °' ss: COUNTY OF DUTCHESS ) as On the day of March, 2016, before me, the undersigned,personally appeared LORI JIAVA known to me or proved to me on the basis of satisfactory evidence to be the 0 individual whose name is subscribed to the within instrument and acknowledged to me that he U executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. e S Notary Public X Uj0 CM e CD cm co Uj e 0 0 .EL2 E — 5 — C:AUsers\jpaoloni\AppData\Local\Microsoft\Windows\Temporary Internet File s\Content.0utlook\601PQQG5\Intermunicipal Cooperation Agreement.doc Packet Pg. 78 9.8.a MEMORANDUM OF UNDERSTANDING entered into this_day of ,2016, BY AND BETWEEN s� THE TOWN OF WAPPINGER a Municipal Corporation, with its principal office located at Town Hall, 20 Middlebush Road,Wappingers Falls NY 12590 (hereinafter referred to as the"THE TOWN") 0 0 -and- THE ROTARY CLUB OF WAPPINGERS FALLS INC. a Not-For-Profit Corporation, with a mailing address at P.O. Box 285,Wappingers Falls, New York 12590 (hereinafter referred to as the"ROTARY CLUB"). co WITNESSETH WHEREAS, the Town of Wappinger, owns the "Town of Wappinger War Memorial Statue" (hereinafter referred to "THE STATUE") located in Schlathaus Park at the intersection of Meyers Corners co Road and All Angels Hill Road; and WHEREAS,THE STATUE was donated by the Parsons family in conjunction with numerous donations made by others; and 4- WHEREAS, THE STATUE requires annual maintenance and treatment to protect it from the 0 elements and to keep it in proper form and order; and 0 4) WHEREAS,the ROTARY CLUB previously caused the formation of the Town of Wappinger War Memorial Trust Fund (hereinafter"TRUST FUND"), a 501(c) Charitable Trust; and 1 Packet Pg. 79 9.8.a WHEREAS, the ROTARY CLUB solicited donations to the Trust Fund for the purposes of providing the perpetual maintenance to THE STATUE; and WHEREAS, pursuant to Agreement with the Community Foundation of the Hudson Valley, the ROTARY CLUB turned over the War Memorial Trust Fund to The Community Foundation of the Hudson Valley,through its affiliate,the Community Foundation of Dutchess County; and 4- WHEREAS, The Community Foundation administers and invests the corpus of the Trust; and WHEREAS, the TRUST FUNDS are to be used for the perpetual maintenance, care, o 0 improvement, and repair of THE STATUE, including its base; and Uj WHEREAS, the ROTARY CLUB agrees to utilize the funds generated from the TRUST FUND for o Z 0 2 the continuous maintenance, repair,and improvement of THE STATUE, including its base and surrounding paved patio. co NOW, THEREFORE, BE IT RESOLVED, that pursuant to, and in accordance with the intentions of THE TOWN and ROTARY CLUB,for consideration hereinafter named, do hereby mutually cm agree as follows: cm 1. Recitations Incorporated. The recitations above set forth are incorporated in this Uj MEMORANDUM OF UNDERSTANDING (hereinafter the"MEMORANDUM") as if fully set forth and recited herein. 2. Assumption of Maintenance. The ROTARY CLUB hereby agrees to be responsible for the maintenance,care, improvement,and repair of THE STATUE,including its base and surrounding paved patio, located at Schlathaus Park at the intersection of Meyers Corners Road and All Angels Hill Road in 0 the Town of Wappinger, to the extent that funds are available from the TRUST FUND. 4) 2 Packet Pg. 80 9.8.a 3. Coordination. The ROTARY CLUB will coordinate with THE TOWN the annual maintenance needs required for THE STATUE as well as any other required and necessary expenses for the ordinary maintenance and upkeep of THE STATUE, including its base and paved patio, except for capital improvements; and s� 4. Meeting. The designated representatives of the ROTARY CLUB will meet as needed with THE TOWN Supervisor and the Town's Director of Buildings and Grounds at least once yearly to discuss the maintenance needs of THE STATUE. The designated representatives of the ROTARY CLUB will then report the needs to the Board of Directors of the ROTARY CLUB who will then review the o maintenance needs and approve the expenditure of necessary funds. In January of each year,the ROTARY Uj CLUB will advise the Town Board of the designated representatives who will act on behalf of the ROTARY o z 0 CLUB for this arrangement. The Town Board and/or the Supervisor may appoint other representatives ofCL �+ THE TOWN to meet with THE ROTARY, other than the Supervisor and Director of Buildings and Grounds. If THE TOWN opts to appoint other persons, the Supervisor shall so notify, in writing, the ROTARY CLUB 0 of the designated representatives of THE TOWN. 6. Notification. THE TOWN through either its Supervisor or Director of Buildings and CMe Grounds will notify the ROTARY CLUB of any maintenance needs to THE STATUE and will promptly notify CMe the ROTARY CLUB if there are any dangerous or other conditions requiring immediate corrective work. Uj 7. Inspections. THE TOWN OF WAPPINGER will provide routine inspections of THE STATUE at least twice per year, and notify the ROTARY CLUB of any repair or maintenance needs. 6. Capital Improvements. THE TOWN OF WAPPINGER will make any required capital 4- 0 improvements to THE STATUE which shall include, but is not limited to, replacement of the base of THE STATUE or reconfiguration and/or replacement of the paved patio surrounding THE STATUE base. 0 3 Packet Pg. 81 9.8.a 7. Effective Date. This Memorandum of Understanding shall become effective immediately upon signature by both parties. 8. Termination. Either party may terminate this MEMORANDUM upon ninety (90) days written notice to the other. In Witness Whereof,the parties have each executed this Memorandum of Understanding, the Corporate seal affixed hereto, the days and date first above written. Town of Wa ppin er o g 4) By: Date: Uj0 0 Rotary Club of Wappingers Falls, Inc. �+ CL By: Date: 0 cm e cm Uj e 8!i 0 0 4) 4 Packet Pg. 82 9.9.a HIGHWAY SUPERINTENDENT TOWN OF WAPPINGER SUPERVISOR Vincent Bettina x'"Y' Lori A.Jiava 845-297-4158 Main 10 HIGHWAY DRIVE WAPPINGERS FALLS,NY 12590 I TOWN BOARD Email:Vbettinagtownofwappingenus William H.Beale (845)297-9451 Office William Ciccarelli M (845)298-0524—Fax John Fenton M ° Michael Kuzmicz U3 SECRETARY Karol Kelly Office of the Superintendent of Jo ph CLERK E ni Highways LM March 15, 2016 0 U. 2016 TOWN OF WAPPINGER BID REPORT 0 We received two bids for gasoline and three bids for diesel fuel as follows: 89 OCTANE GASOLINE Bottini Fuel Mirabito Energy Products 0 as PER GAL +.2990 +.3132 cm e The Superintendent recommends the bid for Gasoline be awarded to Bottini Fuel. cmcoe DIESEL Bottini Fuel Mirabito Energy Wilson Oil 0. Products PER GAL +.1500 +.1757 +.2000 cm Over the New York Harbor Tank Car reseller's price as posted in the Journal of Commerce Daily Petroleum Prices of the New York Journal of Commerce. The Superintendent recommends the bid for Diesel Fuel be awarded to Bottini Fuel. Packet Pg. 83 9.9.a STRIPING OF TOWN ROADS We received two bids for Road Striping as follows: Hi-Way Safety Safety Marking 2 CL CL 0 Double Yellow $ 340.00 $ 389.00 a� Centerline per mile CL Single White $ 180.00 $ 194.00 Edgeline per mile 3 The Superintendent recommends the bid be awarded to Hi-Way Safety Systems. 0 U. ROAD AGGREGATES— SEE ATTACHED CHART 0 The Superintendent recommends Red Wing Properties be awarded the bid for: Washed Tailings $22.00 per ton delivered Washed Gravel 1/4" $22.00 per ton delivered r- The Superintendent recommends Thalle Industries,Inc,be awarded the bid for: 0 Crushed Tailings $19.00 per ton delivered cm e The Superintendent recommends Westhook Sand& Gravel,Inc.be awarded the bid for: cme Crushed Stone: 3/8" $21.00 per ton delivered I ''/z" $21.00 per ton delivered 2 ''/z" $21.00 per ton delivered 0. Ui Item 4 $13.50 per ton delivered Run of Bank $19.50 per ton delivered Washed Gravel 3/8" $21.50 per ton delivered cm 3/4" $21.50 per ton delivered 1 ''/z" $21.50 per ton delivered E Packet Pg. 84 9.9.a The Superintendent recommends Tilcon New York,Inc.be awarded the bid for: Crushed Stone 1/4" $22.25 per ton delivered 1/2" $22.25 per ton delivered 5/8" $20.75 per ton delivered 3/4" $20.75 per ton delivered 1 ''/z" $21.00 per ton delivered as 2 ''/z" $21.00 per ton delivered CO Snow/Ice Grits $15.45 per ton delivered as The Superintendent also recommends we purchase our salt,pipe,blacktop and trash removal from aCL s the Town Recycle Center from OGS, state bid. 0 U.0 Vincent Bettina, Highway Superintendent Town of Wappinger d 0 s� cm CD cm e M CO 0. CD cm Packet Pg. 85 2016lic"Hu"JIFID171111 MIF I I I I I All. IFMAd ROIR I IVV Fll PORAVIIII I I ;,11NOW/I IIAII. I t/'l 3/8" s/8" I 112 2:t I z" IIIN65 111 11 3/8 1/Z 11 5/8" �/I" a ll'Lvz ll'Lv' luE INCiS (GFfl 11 S� BIDDER ki il/UmS Pimpicrhi C.A.FOB C.A.DEL T,ON FOB �TON DEL NB NB NB NB NB NB NB NB NB 22.1M, M 22.010, NB NB 22.1M, 22.010, NB 18.010 X1 CL CL VU I II, ,rII i C,r Gi(I C.A.FOB C.A.DEL T,ON FOB E T,ON DEL NB I)100 NB NB 22.1M, 21 00 211,00 NB 1 k 50 9"O NB J1 50 NB NB 2 "�O 21 50 NB 2530 NB CL I'fo,1, 49 C.A.FOB C.A.DEL TON FOB TON DEL �2 22.25 �2 /11 1 M 1;,1_M NB 15.20, NB NB NB NB NB NB NB NB 1', NB C.A.FOB 0 C.A.DEL U. TON FOB TON DEL 24.2 5 '2.'2..'2.5 1 22.75 1 24.251 21.251 22.25 121.5011 1 P)DO 16.25 NB NB NB NB NB NB NB NB 0 0 CM CD CM LLJ Packet Pg. 86 9.10.a s� Full Environmental Assessment Form Part 1 Ln F. Attachment Need for Zoning Amendment The Town of Wappinger Zoning Code does not currently address solar energy systems. Solar energy is a renewable energy resource that can prevent fossil fuel emissions and reduce a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the a� electricalgrid where excess solar power is generated. A predictable framework for installing Solar >- as Energy Systems needs to be adopted. Proposed Amendments d The proposed local law will create a scheme of zoning and building permit regulations for Solar Energy Systems in the Town of Wappinger. � The two types of Solar Energy Systems regulated are: U (1) solar photovoltaic(PV)systems.PV systems convert solar energy into electricity(Photovoltaic(PV) systems are the most common installations in the Town of Wappinger);and 0 (2) solar thermal systems. Solar thermal systems use thermal solar energy to provide space heating or cooling,hot water heating,production of steam and swimming pool heating. 00 Solar Energy Systems are further classified by the manner of their installation: cm (1) Building Integrated.The photovoltaic modules functions as a component of the building envelope, CO which includes photovoltaic siding,photovoltaic canopies and awnings,photovoltaic shingles and Uj other photovoltaic roof coverings. a� (2) Rooftop Mounted Systems, (PV or Thermal) a� (3) Ground Mounted Systems (PV or Thermal) CO The third classification for Solar Energy Systems is whether they are a Principal Use or an Accessory Use Uj for zoning purposes. 0 Principal Use. U. a) Solar Farms on a lot with no other principal use. Uj U.0 b) The proposed local law treats any Ground Mounted Solar Energy System that occupies an area that is greater than 50%of the footprint the principal structure on the lot to be a principal use. 4) Accessory Use. a) Building Integrated and Rooftop Mounted Systems are Accessory Uses under Zoning Law since they are attached to and subordinate to the principal structure. E Packet Pg. 87 9.10.a b) Ground Mounted Solar Systems that occupy an area that is less than 50% of the footprint of the principal use. a� 0 • Solar Energy Systems as Accessory Uses are permitted in all zoning districts in the Town. IL • Solar Energy Systems as a Principal Use are proposed to be allowed in (R-3A,R-5A,Al,COP) N Solar Energy System Approval Process Building Integrated PV/Rooftop Solar Systems-Residential Rooftop Solar Systems are permitted on residential properties upon the issuance of a building permit; no special permit or site plan is required. NYSERDA has developed a statewide Unified Solar Permit which 4- should be adopted to streamline the permit process.The Unified Solar Permit is discussed below. C%A d Building Integrated PV/Rooftop Solar Systems-Non-Residential Rooftop Solar Systems on buildings other than one or two family dwellings are subject to site plan approval and architectural review under the proposed Local Law. Solar Energy System installations would be treated 0 Eke any other building improvement. Ground Mounted Solar Systems—As Accessory Use 0 Ground Mounted Solar Systems are permitted as an accessory use on a residential property and a non- residential property subject to the issuance of a special permit by the Planning Board. 00 CM The following conditions must be met to obtain a special permit • Permitted in a side yard or rear yard. Can be in front yard if they are at least 200 feet from co the front line of the lot and suitably screened. W • Must meet all applicable setback requirements for primary structures in the zoning district in which it is located. E • Shall meet all other applicable zoning district requirements. • If SES is located within 100 feet of an adjacent property in a residential district or a street, it shall be screened. • There shall be a 10 foot brush free area around the Ground Mounted Solar Energy System J and suitable access means for firefighting equipment 0 Ground Mounted Solar Systems—As Primary Use-SOLAR FARM U. cc UJ The proposed Local Law considers a Ground Mounted Solar System that is a primary use to be a SOLAR U. FARM. Solar Farms are permitted principal uses subject to special permit and site plan approval by the o Planning Board in R-3A,R-5A,Al,and COP Districts. Solar Farms within 500 feet of an airport must comply with the FAA Solar Glare Hazard Analysis Tool (SGHAT). Packet Pg. 88 9.10.a Unified Solar Permit Ln NYSERDA has developed a statewide Unified Solar Permit which should be adopted to streamline the permit process. As drafted, the permit would only apply to rooftop mounted solar systems on residential IL properties. 0 Potential Impacts The installation of rooftop and building integrated Solar Energy Systems ("SES") is unlikely to have any adverse environmental impact as they are installed on buildings. Adverse Environmental as Impacts may come about because of construction of the building but none directly attributable to the as SES. There would be some aesthetic impacts however they are minor at best. 4- The installation of SES is beneficial to the environment in that it does not require the consumption of fossil fuels to generate electricity. SES also reduce the demand on the electrical grid on a whole that d will reduce congestion on the already taxed electrical distribution system. These are benefits to the z 3 environment. 7@ The adverse environmental impact of Ground Mounted Solar Energy Systems is similar to,or less 0 than other typical accessory structures which are constructed on parcels. The proposed zoning amendments require Ground Mounted SES to be screened to reduce visual impacts. Special modeling is required for SES in the area of airports to prevent dangerous glare. SES do not generate traffic or sewer and do not use water. It is common to install solar farms on agricultural properties as they typically have large cleared CO areas. While the installation of Ground Mounted SES may take some acreage out of agricultural production, a steady income stream derived from the SES greatly assists the economic viability of the caa farming operation. CO Baa 0 CO 0 C? U. cc Ui U. 0 Packet Pg. 89 Full Environmental Assessment Form Part 1 -Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, Baa or is not reasonably available to the sponsor; and,when possible,generally describe work or studies which would be necessary to n update or fully develop that information. 0 an Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that r_ must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the A answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any > additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in IL Part lis accurate and complete. A.Project and Sponsor Information. 0 Name of Action or Project: Zoning Provisions for Solar Energy Systems for the Town of Wappinger e14 Project Location(describe,and attach a general location map): Town of Wappinger outside of Village Brief Description of Proposed Action(include purpose or need): 4- The proposed zoning amendments regulate the installation and zoning of solar energy systems in the Town of Wappinger.The Zoning Code does not C%A currently address solar energy systems. A discussion of the zoning amendments is more fully set forth in the Attachment to the EAF. U 0 Name of Applicant/Sponsor: Telephone: (845)297-2744 0 Town of Wappinger E-Mail: Ijiava@townofwappinger.us E Address:20 Middlebush Road 00 . e CityrnO:Wappingers Falls State:NY Zip Code:12590 C4 Project Contact(if not same as sponsor;give name and title/role): Telephone:(845)298-2000 w James P. Horan, Deputy Attorney to the Town E-Mail:jhoran@srddlaw.com W Address: as 1136 Route 9 CL City/PO: State: Zip Code: 0 Wappingers Falls NY 12590 Property Owner (if not same as sponsor): Telephone: E-Mail: IL Address: U.d Ui U. City/PO: State: Zip Code: Izi Page 1 of 13 Packet Pg. 90 9.10.b B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) E Government Entity If Yes:Identify Agency and Approval(s) Application Date Required (Actual or projected) a. Ci Council,Town Board, ®Yes❑No �' Town of Wappinger Town Board 3/28/2016 or Village Board of Trustees b. City,Town or Village ®Yes❑No Town of Wappinger Planning Board 3/28/2016 h Planning Board or Commission c. City Council,Town or ❑YesmNo Village Zoning Board of Appeals d. Other local agencies ❑YesmNo 0 e.County agencies ®Yes❑No Dutchess County Department of Planning 3/28/2016IL f.Regional agencies ❑YesmNo 0 g. State agencies ❑YesmNo h.Federal agencies ❑YesmNo as i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ®Yes❑No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑Yes®No 0 iii. Is the project site within a Coastal Erosion Hazard Area? ❑Yes[Z]No e14 0 C.Planning and Zoning C.1.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the ®Yes❑No 0 only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 =5 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site 0Yes0No where the proposed action would be located? � If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes❑No would be located? b.Is the site of the proposed action within any local or regional special planning district(for example: Greenway ®Yes❑No co Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; UJI or other?) If Yes,identify the plan(s): Hudson Valley Greenway; Hudson River Valley National Heritage Area CL 0 c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, OYes❑No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): IL U. The Town of Wappinger is covered by the Dutchess County Farmland Protection Plan. LLJ U. Page 2 of 13 Packet Pg. 91 C.3. Zoning j9.10.b a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑NO If Yes,what is the zoning classification(s)including any applicable overlay district? The Local Law deals with all zoning districts in the Town. E s� b. Is the use permitted or allowed by a special or conditional use permit? ®Yes❑No c.Is a zoning change requested as part of the proposed action? ®Yes❑No *� as If Yes, UJI i. What is the proposed new zoning for the site? Zoning Text Amendment to Add New Uses not Contemplated Under Prior Zoning. C.4.Existing community services. ) a� a.In what school district is the project site located?Wappinger Central School District 0 b.What police or other public protection forces serve the project site? 0 New York State Police and Dutchess County Sheriff IL c.Which fire protection and emergency medical services serve the project site? Chelsea Fire District, Hughsonville Fire District, New Hackensack Fire District d.What parks serve the project site? N/A e14 D.Project Details D.1.Proposed and Potential Development 0 caa a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all 6 components)? z 3 b. a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres U c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres c.Is the proposed action an expansion of an existing project or use? ❑Yes[-]No i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units: d.Is the proposed action a subdivision,or does it include a subdivision? ❑Yes ONo 00 If Yes, i. Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) ii. Is a cluster/conservation layout proposed? ❑Yes[]No UJI iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e.Will proposed action be constructed in multiple phases? ❑Yes❑No i. If No,anticipated period of construction: months CL ii. If Yes: E • Total number of phases anticipated U • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month _year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may IL determine timing or duration of future phases: cc w U. Page 3 of 13 Packet Pg. 92 f.Does the project include new residential uses? ❑Yes❑ 9.10.b If Yes,show numbers of units proposed. One Family Two Family Three Family Multiple Family four or more Initial Phase At completion E of all phases g.Does the proposed action include new non-residential construction(including expansions)? ❑Yes❑No If Yes, i.Total number of structures C ii. Dimensions(in feet)of largest proposed structure: height; width; and length iii. Approximate extent of building space to be heated or cooled: square feet 0 h.Does the proposed action include construction or other activities that will result in the impoundment of any [-]Yes[-]No liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage? C If Yes, a� i. Purpose of the impoundment: 0 ii. If a water impoundment,the principal source of the water: ❑ Ground water❑Surface water streams ❑Other specify: 1"L iii. If other than water,identify the type of impounded/contained liquids and their source. C 0 iv. Approximate size of the proposed impoundment. Volume: million gallons; surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length CM vi. Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete): as D.2. Project Operations a.Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? ❑Yes❑No (Not including general site preparation,grading or installation of utilities or foundations where all excavated `M materials will remain onsite) 6 Z If Yes: i.What is the purpose of the excavation or dredging? ii. How much material(including rock,earth,sediments,etc.)is proposed to be removed from the site? @ • Volume(specify tons or cubic yards): 0 • Over what duration of time? iii. Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them. 0 iv. Will there be onsite dewatering or processing of excavated materials? ❑Yes❑No If yes,describe. 00 CM v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet `� viii. Will the excavation require blasting? ❑Yes❑No ix. Summarize site reclamation goals and plan: CL b.Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment ❑Yes❑No 0 into any existing wetland,waterbody,shoreline,beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographicIL description): U. w U.C 0 Page 4 of 13 Packet Pg. 93 ii. Describe how the proposed action would affect that waterbody or wetland,e.g. excavation,fill,placement of structures,o 9.10.b alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres: a� iii. Will proposed action cause or result in disturbance to bottom sediments? ❑Yes❑No If Yes,describe: iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes❑No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal(e.g.beach clearing,invasive species control,boat access): a� • proposed method of plant removal: • if chemical/herbicide treatment will be used,specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: 0 IL c.Will the proposed action use,or create a new demand for water? ❑Yes❑Ivo S C If Yes: i. Total anticipated water usage/demand per day: gallons/day ii. Will the proposed action obtain water from an existing public water supply? ❑Yes❑Ivo If Yes: • Name of district or service area: 4) • Does the existing public water supply have capacity to serve the proposal? ❑Yes[-]No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes[--]No • Do existing lines serve the project site? ❑Yes[--]No CM iii. Will line extension within an existing district be necessary to supply the project? ❑Yes❑Ivo 6 z If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s)of supply for the district: 0 iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑ Yes❑No If,Yes: • Applicant/sponsor for new district: a • Date application submitted or anticipated: • Proposed source(s)of supply for new district: v. If a public water supply will not be used,describe plans to provide water supply for the project: CO e vi.If water supply will be from wells(public or private),maximum pumping capacity: gallons/minute. CM d.Will the proposed action generate liquid wastes? ❑Yes❑No " w If Yes: � i. Total anticipated liquid waste generation per day: gallons/day ii. Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if combination,describe all components and ams approximate volumes or proportions of each): a CL 0 iii. Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No If Yes: • Name of wastewater treatment plant to be used: IL • Name of district: U. • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No Ui • Is the project site in the existing district? ❑Yes❑No U. • Is expansion of the district needed? ❑Yes❑No C 0 Page 5 of 13 Packet Pg. 94 • Do existing sewer lines serve the project site? [-]Yes 9.10.b • Will line extension within an existing district be necessary to serve the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: E s� iv. Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes❑No >° co If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? V. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed 0 receiving water(name and classification if surface discharge,or describe subsurface disposal plans): a� 0 An vi. Describe any plans or designs to capture,recycle or reuse liquid waste: L_ IL e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point [-]Yes[-]No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point N source(i.e. sheet flow)during construction or post construction? If Yes: e14 i. How much impervious surface will the project create in relation to total size of project parcel? as Square feet or acres(impervious surface) >_ Square feet or acres(parcel size) ii. Describe types of new point sources. iii. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? 6 3 • If to surface waters,identify receiving water bodies or wetlands: 0 • Will stormwater runoff flow to adjacent properties? ❑Yes❑No iv. Does proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ❑Yes❑No f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel [-]Yes[-]No 0 combustion,waste incineration,or other processes or operations? If Yes,identify: i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) � e ii. Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) caa e iii. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) co g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, [-]Yes[-]No or Federal Clean Air Act Title IV or Title V Permit? If Yes: CL i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes❑No 0 ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tons)of Carbon Dioxide(CO2) • Tons/year(short tons)of Nitrous Oxide(N2O) c" U. • Tons/year(short tons)of Perfluorocarbon(PFCs) cc • Tons/year(short ton)of Sulfur Hexafluoride(SF6) U. • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs) Zi • Tons/year(short tons)of Hazardous Air Pollutants(HAPS) E Page 6 of 13 Packet Pg. 95 h.Will the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, ❑Yes❑ 9.10.b landfills,composting facilities)? If Yes: i. Estimate methane generation in tons/year(metric): ii.Describe an methane capture,control or elimination measures included in project design e. y p p g ( g.,combustion to generate heat or electricity,flaring): a�Es a� i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as ❑Yes❑No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): 0 co j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes❑No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening ❑Weekend 0 ❑Randomly between hours of to IL ii. For commercial activities only,projected number of semi-trailer truck trips/day: iii. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? ❑Yes❑No N v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: Q vi. Are public/private transportation service(s)or facilities available within'/z mile of the proposed site? ❑Yes❑No as vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes❑No or other alternative fueled vehicles? viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No e14 pedestrian or bicycle routes? 6 z k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand ❑Yes❑No for energy? U If Yes: i. Estimate annual electricity demand during operation of the proposed action: ii. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or =5 other): 0 iii. Will the proposed action require a new,or an upgrade to,an existing substation? ❑Yes❑No 00 1.Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: caa • Monday-Friday: • Monday-Friday: co • Saturday: • Saturday: • Sunday: • Sunday: • Holidays: • Holidays: 0 IL U. U. Page 7 of 13 Packet Pg. 96 m.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ❑Yes 9.10.b operation,or both? If yes: i. Provide details including sources,time of day and duration: a� 0 ii. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑Yes❑No Describe: n.. Will the proposed action have outdoor lighting? ❑Yes❑No C If yes: i. Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: 0 s� C ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes❑No Describe: 0 IL o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes❑No If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest C occupied structures: N CM p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes❑No or chemical products 185 gallons in above ground storage or any amount in underground storage? as If Yes: i. Product(s)to be stored 4- ii. Volume(s) per unit time (e.g.,month,year) CM iii. Generally describe proposed storage facilities: Z q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes ❑No CU insecticides)during construction or operation? If Yes: U i. Describe proposed treatment(s): 0 ii. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑No S r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ❑ Yes ❑No 00 of solid waste(excluding hazardous materials)? CM If Yes: i. Describe any solid waste(s)to be generated during construction or operation of the facility: CM • Construction: tons per (unit of time) s • Operation: tons per (unit of time) ii. Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: CL 0 iii. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: CU IL • Operation: U. cc Ui U. CU Page 8 of 13 Packet Pg. 97 s.Does the proposed action include construction or modification of a solid waste management facility? ❑ Yes 9.10.b If Yes: i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal activities): _ ii. Anticipated rate of disposal/processing: E • Tons/month,if transfer or other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment iii. If landfill,anticipated site life: years t.Will proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous ❑Yes❑No waste? UJ If Yes: i. Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: s� ii. Generally describe processes or activities involving hazardous wastes or constituents: 0 L_ IL iii. Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: 0 v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑No If Yes:provide name and location of facility: e14 If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: as 4- E.Site and Setting of Proposed Action 6 E.1.Land uses on and surrounding the project site a.Existing land uses. i. Check all uses that occur on,adjoining and near the project site. U ❑ Urban ❑ Industrial ❑ Commercial ❑ Residential(suburban) ❑ Rural(non-farm) 0 ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(specify): 0 ii. If mix of uses,generally describe: 0 E b.Land uses and covertypes on the project site. Land use or Current Acreage After Change � Covertype Acreage Project Completion (Acres+/-) • Roads,buildings,and other paved or impervious 14 surfaces `N co • Forested UJ • Meadows,grasslands or brushlands(non- agricultural,including abandoned agricultural) a��s as • Agricultural CL (includes active orchards,field,greenhouse etc.) E • Surface water features 0i (lakes,ponds,streams,rivers,etc.) • Wetlands(freshwater or tidal) � IL • Non-vegetated(bare rock,earth or fill) U. • Other UJ U. Describe: Page 9 of 13 Packet Pg. 98 c.Is the project site presently used by members of the community for public recreation? ❑Yes 9.10.b i. If Yes: explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals,licensed ❑Yes❑No day care centers,or group homes)within 1500 feet of the project site? If Yes, E i. Identify Facilities: e.Does the project site contain an existing dam? ❑Yes❑No If Yes: i. Dimensions of the dam and impoundment: • Dam height: feet � • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet An ii. Dam's existing hazard classification: IL iii. Provide date and summarize results of last inspection: 0 f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes❑No or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: i. Has the facility been formally closed? ❑Yes❑ No • If yes,cite sources/documentation: ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: 4- iii. Describe any development constraints due to the prior solid waste activities: 0 Z g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ❑Yes❑No property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? U If Yes: � i. Describe waste(s)handled and waste management activities,including approximate time when activities occurred: 0 h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes❑ No remedial actions been conducted at or adjacent to the proposed site? If Yes: 00 caa i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No Remediation database? Check all that apply: ❑ Yes-Spills Incidents database Provide DEC ID number(s): ❑ Yes-Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ii. If site has been subject of RCRA corrective activities,describe control measures: as CL iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes❑No 0 If yes,provide DEC ID number(s): iv. If yes to(i),(ii)or(iii)above,describe current status of site(s): IL U. cc Ui U. Page 10 of 13 Packet Pg. 99 v. Is the project site subject to an institutional control limiting property uses? ❑Yes 9.10.b • If yes,DEC site ID number: • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: E • Will the project affect the institutional or engineering controls in place? ❑Yes❑No as • Explain: � E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? feet 0 b.Are there bedrock outcroppings on the project site? ❑Yes❑No If Yes,what proportion of the site is comprised of bedrock outcroppings? % An c.Predominant soil type(s)present on project site: % 2 % L % d.What is the average depth to the water table on the project site? Average: feet N e.Drainage status of project site soils:❑ Well Drained: %of site ❑ Moderately Well Drained: %of site ❑ Poorly Drained %of site 4) f.Approximate proportion of proposed action site with slopes: ❑ 0-10%: %of site as ❑ 10-15%: %of site I® ❑ 15%or greater: %of site C4 g.Are there any unique geologic features on the project site? ❑Yes❑ c4 No If Yes,describe: Z cc h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ❑Yes❑No 0 ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? ❑Yes❑No If Yes to either i or ii,continue. If No,skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ❑Yes❑No 0- state or local agency? iv. For each identified regulated wetland and waterbody on the project site,provide the following information: 00 • Streams: Name Classification e14 Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size Wetland No. (if regulated by DEC) �s v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes❑No waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: CL i.Is the project site in a designated Floodway? ❑Yes❑No 0 j.Is the project site in the 100 year Floodplain? ❑Yes E]Vo k.Is the project site in the 500 year Floodplain? ❑Yes❑No IL 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ❑Yes❑No U. cc If Yes: w U. i. Name of aquifer: Page 11 of 13 Packet Pg. 100 in. Identify the predominant wildlife species that occupy or use the project site: j 9.10.b n.Does the project site contain a designated significant natural community? ❑Yes❑No E If Yes: i. Describe the habitat/community(composition,function,and basis for designation): ii. Source(s)of description or evaluation: iii. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss(indicate+or-): acres a� o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑Yes❑No endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? IL 0 p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of ❑Yes❑No special concern? e14 4- q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑Yes❑No If yes,give a brief description of how the proposed action may affect that use: 6 Z E.3. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑Yes❑No 0 Agriculture and Markets Law,Article 25-AA, Section 303 and 304? If Yes, provide county plus district name/number: b.Are agricultural lands consisting of highly productive soils present? ❑Yes❑No i. If Yes: acreage(s)on project site? 0 ii. Source(s)of soil rating(s): E c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes❑No � Natural Landmark? If Yes: i. Nature of the natural landmark: ❑Biological Community ❑ Geological Feature co ii. Provide brief description of landmark,including values behind designation and approximate size/extent: d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes❑No CL as If Yes: E 0 i. CEA name: ii. Basis for designation: iii. Designating agency and date: � IL U. cc Ui U. Page 12 of 13 Packet Pg. 101 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes9.10.b which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on,the State or National Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: ❑Archaeological Site ❑Historic Building or District ii. Name: iii. Brief description of attributes on which listing is based: f.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for []Yes❑No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? C g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes❑No If Yes: vs i.Describe possible resource(s): ii. Basis for identification: 2 Ln h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local []Yes❑No 0- scenic or aesthetic resource? IL If Yes: � i. Identify resource: C ii. Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, N etc.): iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes❑No M Program 6 NYCRR 666? >- If Yes: i. Identify the name of the river and its designation: 4— ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No caa 0 F.Additional Information Attach any additional information which may be needed to clarify your project. 0 If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. 0 E G. Verification I certify that the information provided is true to the best of my knowledge. 00 e Applicant/Sponsor Name Town of Wappinger Date March 22 2016 e Signature James P. Horan Title Attorney to the Town 0 IL U. cc Ui U. PRINT FORM Page 13 of 13 Packet Pg. 102 9.10.c LOCAL LAW NO. 2 OF THE YEAR 2016 Baa BE IT ENACTED by the Town Board of the Town of Wappinger as follows: 0 Section -L• Title: 0 This Local Law shall be known and cited as "Adoption of Zoning Provisions for Solar Energy a. Systems for the Town of Wappinger." 0 N Section -IL• Amendment of Article II of Chapter 240 to Add Definitions to Regulate Solar Energy Systems Section 240-5 of Article Il (Definitions) of Chapter 240 (Zoning) of the Town of Wappinger Code shall be amended by adding the following definitions: d (1) BUILDING INTEGRATED PHOTOVOLTAIC PRODUCT. A building product that incorporates photovoltaic modules and functions U as a component of the building envelope, which includes photovoltaic siding,photovoltaic canopies and awnings,photovoltaic shingles and other photovoltaic roof coverings. (ICC Code Def) 0 (2) BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM. E A solar energy system that uses BUILDING INTEGRATED 00 PHOTOVOLTAIC PRODUCTS. e (3) GROUND MOUNTED SOLAR ENERGY SYSTEMS. A solar energy system mounted on a structure,pole or series of poles constructed specifically to support the photovoltaic system and attach it to the ground and not attached to any other structure. GROUND MOUNTED C4 e SOLAR ENERGY SYSTEMS include Ground Mounted Photovoltaic Systems and Ground Mounted Solar Thermal Systems. (4) NET ENERGY METERING Use of a net energy meter to measure the net amount of electricity supplied to the premises equipped with a Solar Energy System less the N electricity provided by the Solar Energy System to the electric corporation. Net metering shall be in accordance with NY Public Service 0 Law §66-j. 0 co (5) PHOTOVOLTAIC MODULE. A complete, environmentally protected unit consisting of solar cells, optics and other components, exclusive of a tracker, designed to generate DC power when exposed to sunlight. (ICC Code Def) F:\0)Chris\Local Laws\Local Law Filing\2016\Local Law 2\LL Solar Power Zoning 2016-03-22.docx Last Saved: 3/28/2016 15:47 Packet Pg. 103 9.10.c (6) PHOTOVOLTAIC PANEL. A collection of modules mechanically fastened together, wired, and ua designed to provide a field-installable unit. (ICC Code Def) 0 co (7) PHOTOVOLTAIC PANEL SYSTEM. A system that incorporates discrete photovoltaic panels, that converts solar radiation into electricity, including rack support systems. (ICC Code Def) (8) QUALIFIED SOLAR INSTALLER A person who has skills and knowledge related to the construction and 0 operation of solar electrical equipment and installations and has received N safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. C4 d (9) ROOFTOP MOUNTED SOLAR ENERGY SYSTEMS. A solar energy system installed on or above the roof covering. ROOFTOP cc MOUNTED SOLAR ENERGY SYSTEMS include Rooftop Mounted Photovoltaic Systems and Rooftop Mounted Solar Thermal Systems. 0 (10) ROOFTOP MOUNTED PHOTOVOLTAIC SYSTEM. A photovoltaic panel system installed on or above the roof covering. Rooftop Mounted Photovoltaic System are comprised of photovoltaic 0 panels that are fixed and flush-mounted to the roof, rack supported E systems that may be articulated and titled or a combination of the two. 00 Rooftop Mounted Photovoltaic System does not include Building Integrated Photovoltaic Products like photovoltaic roof coverings. C4 M co (11) SOLAR ACCESS Uj Space open to the sun and clear of overhangs or shade including the orientation of streets and lots to the sun so as to permit the use of active C4 and/or passive solar energy systems on individual properties. (12) SOLAR COLLECTOR A solar photovoltaic cell,panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the 0 generation of electricity or transfer of stored heat. as (13) SOLAR EASEMENT 0. An easement recorded pursuant to NY Real Property Law § 335-b, the L_ purpose of which is to secure the right to receive sunlight across real co property of another for continued access to sunlight necessary to operate a solar collector. as 2 Packet Pg. 104 9.10.c (14) SOLAR ENERGY SYSTEM. The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. Solar Energy Systems include, 0 but is not limited to, solar photovoltaic(PV) systems, and solar thermal co systems. Ln (15) SOLAR FARM 0 A Ground Mounted Solar Energy System that is intended to generate 0. electricity or thermal energy for commercial sale in the electricity or energy markets. Ground Mounted Photovoltaic Systems that are net 0 metered and exceed the kW thresholds in the definition of"Solar electric generating equipment" found at Public Service Law § 66 j(1)(d), are considered a Solar Farm. A Solar Farm is a principal land use for the parcel on which it is located. as (16) SOLAR ENERGY EQUIPMENT Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the d process by which solar radiation is collected, converted into another form z of energy, stored,protected from unnecessary dissipation and distributed. 7@ (17) SOLAR THERMAL SYSTEM. 0 An arrangement or combination of solar energy equipment using thermal solar energy to provide space heating or cooling, hot water heating, production of steam and swimming pool heating. 0 4343 (18) UNIFIED SOLAR PERMIT E The New York State Unified Solar Permit or such other uniform permit 00 promulgated by NYSERDA or other State agency which provides for an expedited building permit review process for Small-Scale Roof-Mounted Photovoltaic System Residential and Commercial Solar Electric. co Baa The following definitions found in Section 240-5 of Article 11(Definitions) of Chapter 240 (Zoning) e of the Town of Wappinger Code shall be amended to read as follows: C4 (19) UTILITY, PUBLIC N An electrical substation, electrical transmission line, municipal pump station, water tower, municipal garage, firehouse, telephone substation 0 and/or any utility approved by the Public Service Commission or other regulatory agency. A Solar Energy System that is not subject to NYS 0 Public Service Commission Approval is not a Public Utility. co 3 Packet Pg. 105 9.10.c Section -III: Amendment of Article V of Chapter 240 "Regulations Applicable to All Districts" to Regulate Solar Energy Systems The Code of the Town of Wappinger shall be amended by adding a new section to the end of co Article V of Chapter 240"Regulations Applicable to All Districts"which shall read as follows: 0 L- "§ 240-36.3 Solar Energy Systems a. A) Purpose & Intent 0 N (1) Solar energy is a renewable energy resource that can prevent fossil fuel emissions and reduce a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the electrical grid where excess solar power is generated. (2) Federal and State subsidies and tax incentives make the installation of 0 solar energy systems financially attractive to the residents and property C4 owners of the Town of Wappinger and may result in reduced energy costs. z 3 (3) The use of solar energy equipment for the purpose of providing electricity and energy for heating and/or cooling is a priority and is a necessary U component of the Town's current and long-term sustainability agenda. (4) This section aims to promote the accommodation of solar energy systems and the provision for adequate sunlight and convenience of access 0- necessary therefor. 00 B) Applicability e (1) This Section shall apply to all Solar Energy Systems installed after its e effective date. Modifications to an existing Solar Energy Systems that co Ui increases the Solar Energy Systems area by more than 5% of the original W footprint or changes the solar panel type (e.g. photovoltaic to solar C4 thermal) shall be subjected to this Section. e (2) Solar Energy Systems for which a valid Certificate of Completion or Occupancy has been issued prior to the effective date of this Section are not subject to the requirements of this Section but shall be maintained in good working order and are subject to the New York State Uniform Code N and other applicable laws, rules and regulations. 0 0. (3) Any building permit for a Solar Energy System that has been properly L- issued prior to the effective date of this Section but shall be maintained in 0 good working order and are subject to the New York State Uniform Code and other applicable laws, rules and regulations. 4 Packet Pg. 106 9.10.c C) General Provisions Baa (1) No Solar Energy System shall be installed or operated in the Town of Wappinger except in compliance with this Chapter. CO (2) All Solar Energy Systems, including those installed as on-farm equipment Ln in an Agricultural District, shall require a building permit and a certificate of occupancy/compliance upon completion. a. (3) No Solar Energy System shall be operated without a certificate of occupancy or a certificate of compliance. N (4) All Solar Energy Systems shall comply with the New York State Uniform Fire Prevention and Building Code and The New York State Energy Conservation Construction Code established pursuant to New York Executive Law § 381(2) ("NYS Uniform Code"). (5) The installation of all Photovoltaic Panel Systems must be performed by a qualified solar installer. z 3 (6) Any connection to the electric grid must be made under an approved interconnection agreement and must be inspected and approved by the U electric utility. (7) Solar energy systems shall be maintained in good working order. 0 D) Building-Integrated Photovoltaic (BIPV) Systems 00 (1) BIPV systems integrated into one family dwellings and accessory CM .. buildings for one family dwellings are permitted accessory uses in all zoning districts. COe UJ (2) BIPV systems integrated into new or existing buildings, other than one W family dwellings, are subject to site plan or special permit approval in the C4 same manner as the building in which they are installed. C; e (3) BIPV systems are subject to all applicable zoning requirements for the building into which they are integrated. C4, E) Rooftop Mounted Solar Energy Systems 0 (1) Rooftop Mounted Solar Energy Systems are permitted accessory uses in all zoning districts. (2) Rooftop Mounted Solar Energy Systems installed on one family dwellings CO and accessory buildings for one family dwellings are permitted accessory uses in all zoning districts. as 5 Packet Pg. 107 9.10.c (3) Rooftop Mounted Solar Energy Systems installed on new or existing buildings, other than one family dwellings, are subject to site plan or ua L_ special permit approval in the same manner as the building in which they 0 are installed. CO (4) Notwithstanding the provisions of§240-22, solar collectors may exceed the maximum height limitations for the zoning district provided that such structures are erected only to such height as is reasonably necessary to accomplish the purpose for which they are intended to serve, however in no event shall the solar collector exceed the height limitation in the district 0 by more than six feet. (5) Non-Conforming Uses. Rooftop Mounted Solar Energy Systems are permitted to be installed on a building housing a non-conforming use provided they conform to the other requirements of this section. (6) Dimensionally Non-Conforming Buildings. Rooftop Mounted Solar Energy Systems may be installed on existing buildings that do not conform to the setback requirements of the district provided that they do z not increase the non-conformity. Rooftop Mounted Solar Energy Systems may be installed on existing buildings that do not conform to the height requirements of the district provide they comply with subdivision (4) 0 above. F) Ground Mounted Solar Energy Systems. 0 4343 (1) Building permits are required for the installation of all Ground-Mounted E Solar Energy Systems. 00 e (2) Ground Mounted Solar Energy Systems as an accessory use to a one or two family dwelling are allowed by special permit issued by the Planning Ca Board in all zoning districts subject to the provisions of§ 240-57. CO (3) Ground Mounted Solar Energy Systems as an accessory use to primary C4 e uses other than a one or two family dwelling or farm operation are permitted in all zoning districts of the Town subject to special use permit and site plan approval subject to the provisions of§ 240-57. C4 (4) Ground Mounted Solar Energy Systems that occupy an area greater than 50% of the footprint of the primary structure(s) shall be considered a Solar N Farm which is a principal use. 0 0. (5) A Solar Farm is a principal use allowed in accordance with the Schedule of Uses subject to special use permit and site plan approval. 0 (6) Non-Conforming Uses. Ground Mounted Solar Energy Systems are permitted to be installed on a lot housing a non-conforming use provided they conform to the other requirements of this section. 6 Packet Pg. 108 9.10.c G) UNIFIED SOLAR PERMIT (1) Roof Mounted Photovoltaic Systems installed on single family dwellings may be reviewed under the Unified Solar Permit issued by New York co State if: (a) Solar installation has a rated capacity of 12 kW or less. L' 0 (b) Solar installation is not subject to review by an Architectural or 0. Historical Review Board. (c) Solar installation does not need a zoning variance or site plan 0 approval. (d) Solar installation is to be mounted on a permitted roof structure of a building, or on a legal accessory structure. (e) Solar installation is compliant with all applicable electrical and building codes. (f) Solar installation is compliant with New York State Fire Code. C4 d (g) The solar installation is being performed by a Qualified Solar Installer. � (h) The proposed equipment meets all relevant codes and certification U standards. (i) The solar electric system and all components will be installed per the manufacturer's specifications. L 0) The project will comply with adopted National Electrical Code® requirements. 00 (k) The roof has no more than a single layer of roof covering (in addition to the solar equipment). coe (1) The system is to be mounted parallel to the roof surface, or tilted with no more than an 18 inch gap between the module frame and the roof surface. e CD (m) The system will have a distributed weight of less than 5 pounds per square foot and less than 45 pounds per attachment point to roof. CD C4 (2) If a Roof Mounted Photovoltaic System meets the requirements listed above, the application for a building permit required by §85-5 are satisfied 0 by using the Unified Solar Permit issued by New York State or any such successor permit that may be promulgated. (3) The application fee under the Unified Solar permit is set forth in Chapter 0 122, Article IV, § 122-16, of the Town Code. co 7 Packet Pg. 109 9.10.c Section -IV: Amendment of Article VIII of Chapter 240 "Supplementary Special Permit Uses Regulations" to Regulate Solar Energy Systems The Code of the Town of Wappinger shall be amended by adding a new section to the end of co Article VII of Chapter 240 "Supplementary Special Permit Uses Regulations" which shall read as 0 follows: a. "§ 240-57 GROUND MOUNTED SOLAR ENERGY SYSTEMS 0 A) Ground Mounted Solar Energy System as an Accessory Use (1) Ground Mounted Solar Energy Systems, as an accessory use to a single 4) family dwelling, are allowed by special permit issued by the Planning 4) Board without site plan approval in all zoning districts of the Town provided that: cm (a) the area of such ground mounted solar energy system is 50% or z less of the footprint of the primary structure on the parcel, and (b) the area of such ground mounted solar energy system shall not exceed 0.5 acres; U (2) Ground Mounted Solar Energy Systems, as an accessory use for all primary uses other than a single family dwelling or farm, are permitted in all zoning districts of the Town subject to site plan approval provided that: 0 43 E (a) the area of such ground mounted solar energy system is 50% or less of the footprint of the primary structure on the parcel, and CM e (b) the area of such ground mounted solar energy system shall not Q exceed 2.0 acres. ca co UJ (3) Ground Mounted Solar Energy Systems located on a lot with another W principal use shall be considered a Solar Farm if they occupy an area cm e greater than 50% of the footprint of the primary structure(s), or exceed 0.5 acres in area for lots with a single family dwelling, or exceed 2.0 acres in area for all other lots. A Solar Farm is a principal use allowed in cm accordance with the Schedule of Uses subject to special use permit and site plan approval. N B) Special Permit Standards for Ground Mounted Solar Energy Systems 0 0. (1) Ground Mounted Solar Energy Systems installed as accessory uses are permitted in a side yard or rear yard. Ground Mounted Solar Energy 0 Systems are permitted in a front yard if they are at least 200 feet from the front line of the lot and suitably screened. 8 Packet Pg. 110 9.10.c (2) All portions of the Ground Mounted Solar Energy System must meet all applicable setback requirements for primary structures in the zoning W district in which it is located. 0 co (3) Ground Mounted Solar Energy Systems shall not be considered as a building for purposes of determining building coverage of the lot. 0 (4) Solar Collectors shall not be included in any calculation of impervious a. surface or impervious cover, however the base or foundation of the Solar Collector shall be included in any calculation. 0 N (5) Ground Mounted Solar Energy Systems shall meet all other applicable zoning district requirements. (6) Where a Ground Mounted Solar Energy Systems is located within 100 feet of an adjacent property in a residential district or a street, it shall be screened by existing vegetation or topography or through the use of architectural features, earth berms, landscaping, or other screening which C4 will harmonize with the character of the property and surrounding area. z 3 (7) The height of the solar collector and any mounts shall not exceed 15 feet above the ground. U (8) There shall be a 10 foot brush free area around the Ground Mounted Solar Energy System and suitable access means for firefighting equipment. 0 C) SOLAR FARMS (1) A Solar Farm is a principal use allowed in the RA-3, RA-5, Al and COP 00 Districts subject to special use permit and site plan approval. (2) A Ground Mounted Solar Energy System that is sole use on a lot is co UJ considered to be a Solar Farm regardless of size. W C4 (3) Ground Mounted Photovoltaic Systems that are net metered and exceed the kW thresholds in the definition of"Solar electric generating equipment" found at Public Service Law § 66 j(1)(d), are deemed to be Solar Farms and shall be a principal land use for the parcel on which it is located regardless of the presence of another use. 0 (4) Solar Farms are Special Permit Uses subject to Site Plan approval by the L-, Planning Board. 0 (5) Site Plan Approval Required. A site plan application shall be submitted 0 and reviewed in accordance with the provisions of Article IX of this co Chapter. 9 Packet Pg. 111 9.10.c (6) Power and communication lines. Power and communication lines running between banks of solar panels and to nearby electric substations or ua interconnections with buildings shall be buried underground. Exemptions 0 may be granted in instances where shallow bedrock, water courses, or co other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the Planning Board. 0- 0. (7) Aviation Protection. For Solar Farms located within 500 feet of an airport, the applicant must complete and provide the results of the Solar 0 Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA. as (8) Where an interconnection with an electric public utility is proposed, evidence of consent by the utility for the connection shall be C4 demonstrated. d Z (9) Decommissioning - A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in 0 use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. The Town may require the posting of a bond, 0 letter of credit or the establishment of an escrow account to ensure proper E decommissioning. 00 e D) Solar Energy Systems on Farm Operations in Certified Agricultural Districts C4 coe (1) No Solar Energy Systems may be installed on a Farm Operation in a Ui Certified Agricultural Districts without the issuance of a building permit. C4 e (2) Roof Mounted Solar Energy Systems are permitted accessory uses on e Farm Operations in Certified Agricultural Districts. (3) Ground Mounted Solar Energy Systems that are considered to be On Farm Equipment in accordance with the guidance of the NYS Department of 0 Agriculture and Markets are permitted without site plan approval. Ground N Mounted Solar Energy Systems on farms that are not"on farm equipment" require special permit and site plan approval. 0. (4) Solar Farms in certified agricultural districts must comply with site co 0 assessment or soil identification standards that are intended to protect agricultural soils. as 10 Packet Pg. 112 9.10.c Section -V: Amendment to Chapter 240 Schedule of Uses Baa The Code of the Town of Wappinger shall be amended by revising the Schedule of Use 0 co Regulations, Residential Districts located at 240 Attachment 1 to Chapter 240 (Zoning) by revising Ln the Schedule of Uses as follows: 0 IL Use Districts R-5A RMF-3 0 R-3A RMF-5 R-80 cm R-40/80 R-40 R-20/40 R-20 R-15 Utilities R-10 04 Solar Farm(permitted in R-5A &R-3A see §240-57) * d z Accessory Structures Building-Integrated Photovoltaic(BIPV) System PA PA @ Roof Mounted Solar Energy System PA PA 0 Ground Mounted Solar Energy System PA PA 0 The Code of the Town of Wappinger shall be amended by revising the Schedule of Use Regulations, Non-residential Districts located at 240 Attachment 2 to Chapter 240 (Zoning) by 00 e revising the Schedule of Uses as follows: 04 e LLJ Use Districts Accessory Structures HB HM NB GB CC SC HD COP Al PUD e%A caa e Building-Integrated Photovoltaic(BIPV)System PA PA PA PA PA PA PA PA PA Roof Mounted Solar Energy System PA PA PA PA PA PA PA PA PA Ground Mounted Solar Energy System PA PA PA PA PA PA PA PA PA 04 Utilities Solar Farm(§ 240-57) SPU SPU N 0 IL0 co 11 Packet Pg. 113 9.10.c Section -VI: Amendment of Chapter 85 `Building Code Administration" to Regulate Solar Energy Systems The Code of the Town of Wappinger shall be amended by adding a new section to Chapter 85 of the co Town Code § 85-5.1 which shall read as follows: 0 L_ "§ 85-5.1 Solar Energy System Permits a. A) General Requirements for Solar Energy Systems 0 N (1) No Solar Energy System shall be installed or operated in the Town of Wappinger except in compliance with this Chapter. (2) All Solar Energy Systems, including those installed as on-farm equipment in an Agricultural District, shall require a building permit and a certificate of occupancy/compliance upon completion. C4 (3) No Solar Energy System shall be operated without a certificate of Z occupancy or a certificate of compliance. (4) All Solar Energy Systems shall comply with the New York State Uniform U Fire Prevention and Building Code and The New York State Energy Conservation Construction Code established pursuant to New York Executive Law § 3 81(2) ("NYS Uniform Code"). 0 (5) The installation of all Photovoltaic Panel Systems must be performed by a qualified solar installer. 00 CM (6) Any connection to the electric grid must be made under an approved interconnection agreement and must be inspected and approved by the e electric utility. co (7) Solar energy systems shall be maintained in good working order. C C4 e B) UNIFIED SOLAR ENERGY PERMIT (1) Roof Mounted Photovoltaic Systems installed on one or two family dwellings may be reviewed under the Unified Solar Permit Application issued by New York State if: N (a) Solar installation has a rated capacity of 12 kW or less. 0 (b) Solar installation is not subject to review by an Architectural or Historical Review Board. 0 co (c) Solar installation does not need a zoning variance or site plan approval. 12 Packet Pg. 114 9.10.c (d) Solar installation is to be mounted on a permitted roof structure of a building, or on a legal accessory structure. (e) Solar installation is compliant with all applicable electrical and 0 CO building codes. (f) Solar installation is compliant with New York State Fire Code. (g) The solar installation is being performed by a Qualified Solar Installer. (h) The proposed equipment meets all relevant codes and certification 0 standards. N (i) The solar electric system and all components will be installed per the manufacturer's specifications. 0) The project will comply with adopted National Electrical Code® requirements. (k) The roof has no more than a single layer of roof covering (in addition to the solar equipment). d z (1) The system is to be mounted parallel to the roof surface, or tilted with no more than an 18 inch gap between the module frame and the roof surface. U 0 (m) The system will have a distributed weight of less than 5 pounds per square foot and less than 45 pounds per attachment point to roof. (n) If a Roof Mounted Photovoltaic System meets the requirements 0- listed above, the application for a building permit required by §85- 5 are satisfied by using the Unified Solar Permit issued by New 00 York State or any such successor permit that may be promulgated. (o) The application fee under the Unified Solar permit is set forth in Chapter 122, Article IV, § 122-16, of the Town Code. CO W Section -VII: Amendment of Article IV of Chapter 122 "Schedule of Fees" to Regulate Solar Energy Systems The Code of the Town of Wappinger shall be amended by adding a new subsection to § 122-16(N)(6)(f)within Article IV of Chapter 122 which shall read as follows: 0 (f)Uniform Solar Permit: Application Fee: $150.00 0 0 CO 13 Packet Pg. 115 9.10.c Section -VIII:Numbering for Codification: It is the intention of the Town of Wappinger and it is hereby enacted that the provisions 0 CO of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and Ln sub-sections of this Local Law may be re-numbered or re-lettered to accomplish such intention; 0 0. the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be 0 changed to "Chapter," "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or as the provisions of the Code effected thereby. Section -IX: Separability: d z The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, 7@ word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or 0 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 0 E law or their application to other persons or circumstances. It is hereby declared to be the legislative 00 CM.. e intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted C4 COe Ui if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had C4 not been included therein, and if such person or circumstance to which the Local Law or part e thereof is held inapplicable had been specifically exempt therefrom. C4 Section -X: Effective Date: 0 This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. 0 CO 14 Packet Pg. 116 SUEDULE "A" ALL Lhat certain tract or parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York, 0 more particularly bounded and described as follows : 0 BEGINNING at a point on the southerly line of State Route 376, said point also being the northeasterly corner of the lands now or formerly of Keener, said point also being the northwest corner of Lot 1 Block "GII , thence in an easterly direction along the southerly line of State Route 3776 , the following bearings and distances : South 70" 29 ' 10" East 23 . 20 feet North 80' 38' 30" East 84 . 54 feet IL North 75" 22 ' 40" East 53 . 66 feet 0 to a point, said point being the northwest corner of the lands now or formerly of Steele; thence in an easterly direction along 2 the southerly line of State Route 376 , the following bearings and 4- 0 distances : E North 75' 22 '' 40" East '75 . 71 feet M T North 67 " 09' 10" East 36. 97 feet Narth 67' 08 ' 1-0" East 74 . 91 feet North 66" 581 40" East 101. 18 feet North 59" 12' 20" East 35 . 21 feet 0 to a point on the southerly side of State Route 376, said pont also being the northwest corner of Lot 1, Block "E,,, thence easterly along 2 the southerly line of State Route 376, North 59" 13' 20" East 210 . 00 feet, thence in an southerly, easterly, and northerly direction along the lands of now or formerly known as Wing, the following bearings and distances : South 300 50 1 40" East .184 . 94 feet North 59c 071 10" East 115.03 feet 04 CO North 300 531 0011 West 189.91 feet to a point on the southerly line of State Route 376, said point also being the northeast corner of the lands now or formerly of Wing; thence easterly along the southerly line of the State Route 376 , North 590 081 00" East 50. 00 feet to a point, said point being the 7@ a northwest corner of the lands now or formerly Bitting; thence in a souLh.erly direction along the easterly line of formerly Emil Lane (now Top-O-Hill Road) the following bearings and distances : E Packet Pg. 117 9.12.11 South 300 53 1 30"' Fast 199 . 76 feet South 300 541 301f East 127 . 21 feet South 140 091 10" East 208 . 00 feet to a point., said point being the northwest corner of Lot 1 , Block "All of said filed Map f3332; thence along the northerly line of Lot 1, 0 Block "All and the easterly lines of Lots 1, 2 , 3 , 4 , 5 , 6 and 7 Block "A" crossing a future road and continuing along the easterly boundaries 0 of Lots 8 , 9, 10 , 11, 12 , 13 , 14, 1.5 and 16 Block "All the fol lowing hearings and distances North 720 071 3011 East 208 . 95 feet South 120 331 2011 East 239 . 34 feet South 120 06 " 5011 East 228 . 44 feet South 120 191 5011 East 360 . 59 feet CO South 13 381 4011 East 230 . 90 feet South 13 341 1011 East 198 . 60 feet IL South 14" 491 5011 East 200.00 feet S South 12c, 151 10" East 270 . 39 feet 0 IL 2 2 to a point, said point being the southeast corner of Lot 16 Block ' 'A11 on 4- 0 filed Map 43332 ; thence along the southerly line, of Lot 16 Block "A", Emil Lane (now Top-0-Hill Road) , and continuing along the southern line of E Lots 1, 32 , 33 , 34 , 35, 36 , 37 , 38 , 39 , 40 , 41, 42 , 43 , and 44 Block "B" T) the following bearings and distances : South 740 451 2011 West 247' . 24 feet South 760 201 4011 West 49E . 20 feet 0 South 7611 10 ' 0011 West 380 . 33 feet South 760 241 3011 West 308 . 29 feet 2 South 760 291 0011 West 733 . 02 feet to a point, said point being the southwest corner of Lot 44 , Block "B" , thence in a northerly direction along the westerly lines Lot 45 , across a, future road, Lot 46 , Lot 47 , -Lot 48 and Lot 49, Block "B" , continuing C14 CO along the westerly lines of the Sewage Disposal and Water Works Area and Lot 11, Block IIGII the following bearings and distances : C North 130 311 10" West 234 . 22 feet 2- North 120 411 5011 West 474 . 99 feet North 1611 071 3011 West 271. 33 feet North 1311 071 4011 West, 690 . 59 feet 7@ North 1311 371 5011 West 193 . 08 feet North 1111 491 3011 West 129 . 41 feet C 0 E Packet Pg. 118 to a po-int, said point being the northwest corner of lot 11, Block "G", thence in a northeasterly direct�!.on along the northerly lines of Lot 11, Lot 1.0, and Lot 9, North 440 561 00 " East 370 . 84 feet, to a point at the southwest corner of the lands now or formerly Gasser, thence in a 0 easterly direction along the southern lines, South '790 061 4011 East 415 . 27 feet , thence in a northerly direction, North 190 2414011 East 0 135 . 72 feet, thence along the southerly line of now or formerly Conde, South 720 30 1 30" East 37 . 87 feet , to the south westerly corner of lands of now or formerly Hansen, thence South 720 30 1 30" Fast 112 . 29 feet, to the south westerly corner of now or formerly Keener, thence South 730 501 50" East 109. 35 feet, thence in a northerly direction along the lands of now or formerly Keener, North 90 51 ' 30" East 114 . 07 feet, to the point, or place of beginning. CO IL 0 IL 0 E M T) 4- 0 04 M CO Ui 2- 7@ E Packet Pg. 119 12.6 TOWN OF WAPPINGER Town Vehicle Use Policy Presented: 3/28/16 Adopted: 3/28/16 Effective: Immediately Purpose Town of Wappinger vehicles are assigned to designated personnel for official use only. Official use shall include completing assigned tasks and/or work during regular business hours under the supervision of a department head and/or the Town Supervisor. Policy It shall be the policy of the Town of Wappinger to provide vehicles for those employees whose job requires use of a vehicle and to reimburse employees for business use of personal vehicles according to the guidelines below: 1. Employees may not drive vehicles for the Town of Wappinger without prior written approval 0 of their department head and the Town Supervisor. Employees must possess a valid driver's . license issued in the United States. Before approving a driver, the Town Supervisor or Town :3 Highway Superintendent must check the employee's driving record, verify the existence of a 2 valid driver's license and ensure that if driving their personal vehicle for town business, that the vehicle has personal liability insurance coverage. Every employee who drives a Town vehicle > will be required to complete the New York State Defensive Driving course paid for by the Town. 3 0 2. Employees whose jobs require regular driving for business as a condition of employment must be able to meet the driver approval standards of this policy at all times. In addition, employees holding those jobs must inform their department head and the Town Supervisor or Town C Highway Superintendent of any changes that may affect their ability to meet the standards of this � policy. For all other jobs, driving is considered only an incidental function of the position. E 3. Any employee whose job requires the use of a vehicle for Town business must notify the Town Supervisor or Town Highway Superintendent by the next business day of any and all moving motor vehicle convictions, whether due to driving on or off duty. 4. Only the following job titles can take home a Town vehicle without additional authorization from the Town Supervisor or Town Board: Town Supervisor, Highway Superintendent, Town Fire Inspector. 5. Employees who need transportation in the course of their normal work may be assigned a Town vehicle for use. All other employees needing transportation for Town business may use vehicles from the town fleet, based on availability, upon request being made to the Town Supervisor. Packet Pg. 120 12.6 6. An Abstract of the driver's license must be obtained from the Department of Motor Vehicles annually and kept in the department files. Any violations of the traffic, transportation or motor vehicle laws must be reported to the Town Supervisor for a determination as to whether that employee shall be permitted continued use of a Town vehicle. 7. Employees who drive a Town vehicle on Town business shall, in addition to meeting the approval requirement stated above, obey all laws and regulations set forth in the New York State Vehicle and Traffic Law, including, but not limited to: • Obeying speed limit, roadway markings, and signage • Seatbelts must be worn at all times vehicle is in motion • No use of cellular telephones without a legally conforming"hands free" device • No cellular device data use while driving, including but not limited to texting Additional regulations shall include: • No smoking or tobacco use or"vaping" permitted • No firearms permitted, unless carried by an on-duty law enforcement officer Co as • Vehicles shall be kept clean and tidy inside and out at all times. • No passengers in vehicle other than town employees, unless otherwise authorized by the Town Supervisor. w • Employees are not permitted, under any circumstance, to operate a Town vehicle, or a personal vehicle for Town business, when any physical or mental impairment causes the g employee to be unable to drive safely. This prohibition includes circumstances in which 0. the employee is temporarily unable to operate a vehicle safely or legally because of illness, medication, or intoxication by drugs and/or alcohol. 8. Employees operating a Town vehicle or personal vehicle for Town business must drive defensively and courteously at all times. 3 0 9. It shall be the employee's responsibility to maintain the security of the vehicle and its contents at all times it is in his or her possession. Drivers must also make sure that the vehicle has a valid New York State inspection sticker, oil is checked on a regular basis, tires have sufficient tread, and that the vehicle is kept clean, etc. No vehicle should be driven unless it is safe for the road. E 10. Employees are responsible for any driving or parking violations or infractions and the fines 0 that result there from and must immediately report such to their department head and the Town Supervisor. 11. Employees may use Town vehicles for non-business purposes only with the express written approval of the Town Supervisor. Such written approval must be obtained from the Town Supervisor's office in advance in each instance. 12. Employees driving a Town vehicle may claim reimbursement for parking fees (not fines) and tolls actually incurred. In addition, employees driving Town vehicles may claim reimbursement for fuel and other expenses directly incurred for business purposes. All requests for reimbursement must be approved by the department head and the Town Supervisor. Packet Pg. 121 12.6 13. Town vehicles will be fueled at the Town Highway Garage or other town designated facility. 14. Employees who are authorized to use their personal vehicles for approved business purposes will receive mileage allowance as adopted yearly by the Town Board. This allowance is to compensate for the cost of gasoline, depreciation, and insurance. 15. Employees must report to their supervisor and the Town Supervisor any accident, theft, or damage involving a Town vehicle or a personal vehicle used on Town business, regardless of the extent of damage or lack of injuries. This report must be made as soon as possible but no later than twenty-four hours after the accident. 16. Time spent by non-exempt employee (those covered by the minimum wage and overtime provisions of the Fair Labor Standards Act)in driving a Town or personal vehicle on Town business during normal working hours, is considered hours worked for pay purposes. Commuting time before the start and after the end of the workday is not treated as work time for pay purposes. co 17. For part-time summer help hired under the auspices of the Recreation Department or Buildings and Grounds Department, drivers must have a valid senior license. w 18.No Town vehicle is permitted to leave the Town of Wappinger for any purpose, business or otherwise, without the prior written or verbal approval of the Town Supervisor, in each 0 instance first obtained, with the exception of vehicles used by members of the Highway Department, wherein such approval must be first obtained and approved by the Highway Superintendent. °� 19. All Town Vehicles will be parked in the rear of the Town Hall during business hours and > after business hours, with the exception to Town Highway, Buildings & Grounds, Recreation vehicles, which will be positioned in their respective parking areas. Vehicles assigned to 0 personnel with 24/7 responsibilities shall be exempt from this requirement. 20. This policy shall supersede any existing vehicle policy and/or procedure. 0 # END OF POLICY# Packet Pg. 122 12.6 TOWN OF WAPPINGER Town Vehicle Use Policy Employee Name: Department: Co I, have read and understand the (Printed name) x Town of Wappinger Town Vehicle Policy adopted in 2016. 0 IL If at any time I have any questions or concerns, I will speak directly to my C 0 department head or the Town Supervisor. 0 Employee Signature Date Packet Pg. 123