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2016-08-08 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Regular Meeting townofwappinger.us Minutes — Joseph Paoloni (845)297-5771 Monday, August 8, 2016 7:30 PM Town Hall I. Salute to the Flag II. 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 Late 7:36 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 III. Adoption of Agenda 1. Motion To: Adopt Agenda ........ ......... ........ ......... ..... .. ....... ..... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz ABSENT: William H. Beale IV. Accept Minutes 1. Motion To: Acknowledge July 11, 2016 Minutes ......... ......... ......... ......... ......... ......... ......... ......... .... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz ABSENT: William H. Beale Town of Wappinger Page I Printed 811012016 Regular Meeting Minutes August 8, 2016 V. Correspondence Log RESOLUTION: 2016-214 Correspondence Log 2016-08-08 Resolution Authorizing the Acceptance of the Correspondence Log Correspondence L g - 20,16-08-08 Number To From Date Date Rec' Re: Agenda Date 08-08-001 Towii Board Bea 0u17V 711112016 711112016 Plaiiiiiiq&ZBA MorrthlReport 81812016 V 08-08-002 Towii Board PVE Sheffler 71712016 711112016 Castle Poirrt Laiidfill 81812016 08-08-003 Lori Jiava SLIP Sprimo 711012016 711812016 Shed the Meds 81812016 08-08-004 Mr Corbim Mark Liebermaii 711212016 711212016 Structure Fire 65 Diddell Rd 81812016 08-08-005 Towii BoardFFowii Clerk Mark Liebermaii 711812016 711912016 PropertV Mairrteiiaiice 81812016 08-08-006 Fastracs Rpiitals,Iiic Lori Jiava 7/19/2016 7/21/2016 Camwatli Slope Stabilizatim 8/8/2016 08-08-007 Towii Clerk —Zommq Admimistrator 712812016 81112016 Schedule of Performame&Mairrt Boiids 81812016 08-08-008 Towii Clerk A Roberts 81112016 81112016 Waiver aiid Hold Harmless Aqreemerrt 81812016 08-08-009 Towii Board Mark Liebermaii 812/2016 812/2016 Fire Preverrtim Bureau Rpt 81812016 08-08-010 Towii Board Lee Ami Frem 81412016 81412016 Tax Receiver Mo17rth1v Rpt 81812016 08-08-011 Towii Board et al Jessica FLIlt011 8/3/2016 8/4/2016 COMMLfflitV Da V Staffirq 8/8/2016 NOW, THEREFORE, BE IT RESOLVED, that the letter 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-2016-214 . 0 ....... El Adopted 6Yes/Aye No/Nay Abstain Absent - --"I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll""I'll""II"I'l""I'll""I'llll,",-""""""",'ll""I'll""I"ll""I'll""I'l'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""I'll""I'll""I'l'll""I'll""I'll",lI • Adopted as Amended ori A.Jiava Voter El 0 0 0 • Defeated William, fheaIe V... ...........................ot,er 0..... ..........❑................ ❑0....................❑.................t....... ... '..n...H.7... ..... .. • Tabled William Ciccarelli Voter El 0 0 0 ............... ................ • Withdrawn John J.Fenton Seconder El 0 0 0 ................................................................................................................................................................................................................................................................... Michael Kuzmicz Mover El 0 0 0 Dated: Wappingers Falls, New York August 08, 2016 The Resolution is hereby duly declared Adopted. V1. Public Hearings 1. Motion To: Open Public Hearing ................................................................................................................................................................................................................................................................................................................................... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz ABSENT: William H. Beale ............. Town of Wappinger Page 2 Printed 811012016 Regular Meeting Minutes August 8, 2016 Resolution Introducing Local Law No. 4 Of The Year 2016, "2016 Amendments To Fee And Fine Schedules Of The Town Of Wappinger." Christopher Ciraulo from 564 Old State Road East asked about the fees. Zoning inspector Roberti explained that some fees such as sheds cost more than the shed itself and should be adjusted downward to co-inside with the assets being put in place. Others went up due to stale pricing that had not been updated in years. He asked about section 3 referring to projects greater than 200 square feet with a fee of$100 plus $0.40 per square foot and whether the $100 fee included the additional square foot charge. Ms. Roberti responded that it is for 200 square feet which cost $100 and $0.40 per square foot. Mr. Ciraulo responded, "... so including the 200." The discussion ended. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: CLOSED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VII. Public Portion 1. Motion To: Open Public Portion ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Portion ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VIII. Discussions 1. CCA - Community Choice Aggregation Scott Williams came to speak about a Community Choice Aggregation, hereafter referred to as CCA. Michael and Jason from CCA began by handing out a document to the board, the attorney, and the engineer. Again, no document was given to the town clerk for attachment to these minutes. Jason began with a brief overview. He explained that they are trying to create the second CCA to the one they created in Westchester County. This is a consortium energy purchasing program designed to give smaller entities the buying power that larger buyers currently enjoy. He cited outstanding results from the Westchester program, but did not disclose the numerical details. He explained that a CCA allows municipalities to j oin together and pool Town of Wappinger Page 3 Printed 811012016 Regular Meeting Minutes August 8, 2016 all of the homes and businesses in their joint municipalities and make a bid out to the energy market to get savings for their homes and/or small businesses. He added that 20 Westchester municipalities put all of their home owners and small businesses in the pool and 14 of the 20 (70%) saved money. He said there is no risk or no cost to municipalities. He added you get a fixed rate with this contract for 3 years. Michael Rautch then took over the presentation. He gave history of the program that was authorized by the state to aggregate communities last April that could turn all the small players into big players. He said, "There is no commitment, up until the point where you can see the price from the energy supplier." He added, "The municipality could choose to participate, set some criteria such as, we want X% savings compared to the default supply rate and then go out to market with a group of municipalities, see what that rate would be, and choose at that point whether or not to participate. Jason added that the city of Beacon, the Town of Fishkill, the Village of Wappingers Falls are on board; and, they are two thirds of the way to becoming a critical mass with this new tool. Councilman Ciccarelli asked about the details of the switch. Michael explained that when a bid comes back and once the town decides what it wants in a bid, the default provider for the area will become the CCA and then individuals that do not want to participate can then opt out of the program at any time, free of charge, and go back to the Central Hudson default supplier. Jason added that being with a larger consortium allows for the better deals that a large user gets. Supervisor Jiava asked about the pricing should a large number of people drop out. Michael explained that the risk is on the suppliers of the bid. When they price a bid and large numbers drop out, then the suppliers absorb the risk. Engineer Gray said this will not affect anyone who has solar. They will be allowed to choose whether they want to participate or not. This will be further addressed on the Sept 12th agenda. On another subject outside the CCA, Village grant writer Scott Williams explained there is a solarized program to standardize the purchase of solar panels. IX. Resolutions RESOLUTION: 2016-180 Resolution Accepting The Town Of Wappinger Fund Balance Policy WHEREAS, the Town seeks to create a formal Fund Balance Policy establishing best management practices to address year end surpluses and fund balances; and WHEREAS, the Town recognizes that the formation of an unassigned fund balance will stabilize and possibly enhance the current credit rating of the Town; and WHEREAS, all major credit rating agencies (Moody's, Standard and Poor's and Fitz) site formal Fund Balance Polices as best management practices commonly used by better rated communities; and WHEREAS, municipalities that adhere to Fund Balance Polices are viewed as being more proactive which in return results in higher credit ratings and lowering borrowing costs; and WHEREAS, the Town, in consultation with the Town's Financial Advisor, finds the Fund Balance Policy to be reasonable and in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Town of Wappinger Page 4 Printed 811012016 Regular Meeting Minutes August 8, 2016 2. The Town Board Members acknowledge that they have reviewed the terms and conditions of the Fund Balance Policy and find the same to be reasonable and acceptable. 3. The Town Board hereby authorizes and accepts the Fund Balance Policy in essentially the same for as attached hereto. 4. The Town Board hereby authorizes the implementation of the Fund Balance Policy immediately.. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-180 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava...........................Voter... Q.........,........❑..... ❑........,.......❑..... ❑ Defeated William H.Beale................... .Voter....,.........Q...... ❑........,........❑...... ❑.... Q Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John.. Fenton....................... .Voter....,.........Q...... ❑........,........❑...... ❑.... Next:9/12/16 7:30 PM .................. .......... ..... .... ............ ............ ...... Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 08, 2016 The Resolution is hereby duly declared Tabled. RESOLUTION: 2016-210 Resolution Requiring All Town Departments Obtain Approval From Supervisor Prior To Engaging Services WHEREAS, the Town Board is responsible for approving all Town department budgets and authorizing the expenditures pursuant to those budgets; and WHEREAS, the Town Board is responsible for keeping all expenditures within the limits of the approved budgets; and WHEREAS, the Town Board is responsible for keeping the Town within the 2%real property tax cap set forth under General Municipal Law Section 3-c; and WHEREAS,it has become increasingly difficult to deliver the services required by the Town and remain within the 2%real property tax cap; and WHEREAS, in order to remain under the 2%real property tax cap set forth under General Municipal Law Section 3-c all departments of the Town must stay within the budgets set and approved by the Town Board; and WHEREAS,to monitor budgets and spending to remain within the 2%real property tax cap the Town Board will now require that all Town Departments must receive approval by email from the Town Supervisor before engaging the services of any Town consultants including, but not limited to, the Engineer to the Town, the Attorney to the Town, the Town Planner, the IT Consultants, the Town's Bond Counsel, the Town's Financial Advisor, the Town's Auditor, etc. 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 requires that all Town Departments (including, but not limited to, Town Clerk, Town Board, Receiver of Taxes, Planning, Planning Board, Building, Zoning, Zoning Board of Appeals, Fire Inspector, Assessor, Recreation, Highway Department, Town of Wappinger Page 5 Printed 811012016 Regular Meeting Minutes August 8, 2016 Dog Warden, Buildings and Grounds Department, etc.)will now be required to obtain written approval by email from the Town Supervisor prior to seeking consultation with any consultant to the Town (including, but not limited to, the Engineer to the Town, the Attorney to the Town, the Town Planner, the IT Consultants, the Town's Bond Counsel, the Town's Financial Advisor, the Town's Auditor, etc.). 3. The Town Board hereby authorizes the Town Supervisor to review and approve or deny any Town Department's request for consultation with any Town Consultant. All requests and approvals or denials must be in writing and responded to in a timely manner. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-210 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava......................... .Voter....,.........Q........,........❑.......,........❑...... ❑.... ❑ Defeated William Fl.Beale.................. ...Seconder........Q................❑................0................ ❑........ Q Tabled William Ciccarelli....................Voter.................Q...... .....❑...................❑...... .....❑.... ❑ Withdrawn John J.Fenton....................... .Voter..............Q...... ❑........,........❑...... ❑.... Next:9/12/16 7:30 PM .. ... ...... .................... .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 08, 2016 The Resolution is hereby duly declared Tabled. RESOLUTION: 2016-215 Resolution Authorizing Refund Of Unused Escrow For Baisley Farm Subdivision (Account 15-5176) WHEREAS, on or about August 12, 2015, Kristin B. Klipp (hereinafter the "Applicant") filed an application for Subdivision Approval under Application Number 15-5176; and WHEREAS, total escrow deposits in the amount of Eight Thousand Fifty Dollars ($8,050.00) were received by the Town from the Applicant for payment of the fees of the Town's professionals to review the application; and WHEREAS, all professional fees incurred during the review of the application have been paid and there remains an unused balance of Three Thousand Twenty-Six 20/100 Dollars ($3,026.20) in escrow account number 15-5176; and WHEREAS,the Applicant has requested a refund; and WHEREAS, the Town Accountant has audited the escrow account and confirmed the amount due the Applicant. 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 authorizes a refund to Kristin B. Klipp,in the amount of Three Thousand Twenty-Six 20/100 Dollars ($3,026.200), representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-215 Q Adopted Yes/Aye No/Nay Abstain Absent Town of Wappinger Page 6 Printed 811012016 Regular Meeting Minutes August 8, 2016 ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Voter Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli....................Voter.... .......Q........,.......❑.................❑...... .....❑.... ❑ Withdrawn John . . Seconder Q ❑ ❑ ❑ ...................... .. ........ ........,........ .......,........ ........,....... ..... JFenton . Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-216 Resolution Calling On Town Of Wappinger, Residents And Business Owners To Adopt The "Think Differently" Initiative To Assist Individuals With Special Needs And Their Families WHEREAS, the "Think Differently" initiative seeks to promote awareness and acceptance of all people, and advocating for the inclusion of all individuals living on the Autism Spectrum and with special needs; and WHEREAS, our state and local communities are stronger because of our diversity and differences; and WHEREAS, according to the Center for Disease Control (CDC), over 55 million people, or approximately 19% of Americans, have a type of disability or special need; and WHEREAS, for some people with special needs, the very things that make them unique can also keep them on the sidelines, separate from those who might not understand their differences or uniqueness; and WHEREAS, it is important to promote and provide guidance to those with special needs on how to access publically supported services available to them in the community; and WHEREAS, it is important to encourage and educate the community and businesses on ways they can make facilities and services more accessible and on how to train staff to welcome and support special needs customers and co-workers; and WHEREAS, the goal of this initiative is to provide a supportive and inclusive environment for individuals of all abilities by supporting community events that expand family friendly opportunities for people with special needs and their families; and WHEREAS, adopting the "Think Differently" initiative is an important statement that our Town officials, business owners and residents can make to show their support for the differently-abled children and adults with special needs and their families. 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 encourages the Town of Wappinger, its residents and business owners to adopt the "Think Differently" initiative so that all are better prepared to communicate with, provide for, and support those living within the Autism Spectrum and with special needs. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-216 Yes/Aye No/Nay Abstain Absent Q Adopted .............................. ...................................................................... ............. ❑ Adopted as Amended Town of Wappinger Page 7 Printed 811012016 Regular Meeting Minutes August 8, 2016 0 Defeated Lori A.Jiava Voter El 0 0 0 a ...................... .......... 'l.................❑................ • Tabled William H.Beale Seconder E0 ..❑0................0........ ........................ • Withdrawn William'6eca're'lli.....................V....ot,er...............E. 0'l...................❑..................0.❑......... .......d.❑..... John J Fen .. ' ........ ..........................................................................................El................. 0.................................................................................................................... ...on'' Voter 0 0 .............................................................................................. ............................................................................................ Michael Kuzmicz Mover El 11 Dated: Wappingers Falls, New York August 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-217 Resolution Ordering The Abatement Of Property Maintenance Violations At 41 Red Hawk Hollow Road WHEREAS, Red Hawk Hollow LTD., is the last known owner of real property shown on the tax records and the tax map of the Town of Wappinger as Tax Parcel ID 4 6359-02- 823539, having a street address of 41 Red Hawk Hollow Road ("Property"); and WHEREAS, the Town records indicate that Ocwen Loan Servicing with a mailing address of P.O. Box 24737, West Palm Beach, FL 33416 is the mortgagee of record; and WHEREAS, the Town of Wappinger received complaints that the Property had become overgrown with grass and weeds and that it was unsightly; and WHEREAS, an Enforcement Official of the Town of Wappinger observed the existence of weeds and/or grass on the Property that exceeds ten (10) inches in height which violates § 185-3(C) of the Town of Wappinger Code on June 30, 2016 and thereafter issued a Notice of Violation & Order to Remedy High Grass & Weeds dated June 30, 2016 (copy attached as Exhibit "A"), which informed any person in control of the property that they had an opportunity to appear and be heard at this meeting of the Town Board to offer proof that the property is in compliance with the standards of Chapter 185 of the Town Code or that additional time is needed to take corrective action to cure the violation; and WHEREAS, an Enforcement Official of the Town of Wappinger filed a written report with the Town Board of the Town of Wappinger noting that he/she had inspected the Property and found that weeds and/or grass on the property exceeded ten (10) inches and the Property was not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; and WHEREAS, a Public Hearing was held on August 8, 2016 and all parties in attendance were permitted an opportunity to speak regarding the maintenance conditions of the Property; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that the height of weeds and/or grass on the property exceeds ten (10) inches in height and the Property is not in compliance with the property maintenance requirements of Chapter 185 of the Town Code; that such condition has continued after the Order to Remedy was duly issued and it is determined that abatement of the high grass and weeds is now required. 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 directs that the Supervisor of Buildings and Grounds dispatch workers to the Property to cut the grass and weeds as soon as possible. Town of Wappinger Page 8 Printed 811012016 Regular Meeting Minutes August 8, 2016 3. In the event that the Department of Buildings and Grounds is unable to mow the Property, the Supervisor of the Town or the Supervisor of Buildings and Grounds is authorized to engage the services of a landscape contractor to undertake such work as expeditiously as possible, which is not subject to competitive bidding. 4. In either case, accurate records of the labor and material costs required to perform the abatement work at the Property shall be kept so that they can be assessed and levied against the Property. 5. Claims for all work performed on the property shall be audited and approved in accordance with Article 8 of the Town Law. 6. A notice stating the total amount due and the nature of the charge shall be mailed by the Town to the last known address of the person whose name appears on the records in the office of the Town Assessor as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to Section 185- 6 of the Town Code. The property owner shall have 10 days, after a copy of the notice establishing the costs and expenses is received to challenge any of the costs incurred by the Town. 7. After expiration of the time period to challenge the determination of costs and expenses, the amounts thereof shall be reported to the Assessor to the Town to be levied and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall otherwise be collected in the same manner and at the same time as other Town charges. 8. The Town Clerk is directed to mail the annexed Order of Abatement (copy attached as Exhibit"B") within two (2) days hereof to the Property Owner and the mortgagee of record at the addresses shown on said Order. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-217 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 EJ...................0 ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-218 Resolution Authorizing Supervisor To Enter Into A Memorandum Of Understanding For Feasibility And Due Diligence Studies To Be Conducted At Carnwath Farms WHEREAS, the TOWN acquired a 99.5 +/- acre parcel of land located on Wheeler Hill Road in the Town of Wappinger by deed dated October 12, 2000 from Greystone Programs, Inc., as Grantor, and the Town of Wappinger, as Grantee, which deed was recorded in the Dutchess County Clerk's Office on October 18, 2000 at document number 02 2000 9421; and Town of Wappinger Page 9 Printed 811012016 Regular Meeting Minutes August 8, 2016 WHEREAS, the subject property is commonly known as "Carnwath Estate" and/or "Carnwath Farms"; and WHEREAS, located on Carnwath Farms are various buildings including a 19th century Italian Revival mansion, a carriage house constructed in the latter part of the 19th century, dormitory building and a large chapel constructed some time during the 1950s, and other related buildings and detached structures in various states of repair and/or disrepair; and WHEREAS, the TOWN had made application to the County of Dutchess for a grant to defray the cost of purchasing Carnwath Farms through the Dutchess County Open Space and Farmland Protection Matching Grant Fund; and WHEREAS, Dutchess County approved the grant in exchange for the TOWN executing a Conservation Easement Deed encumbering approximately 94 +/- acres of land (the "Protected Property"), but excluding from the Conservation Easement Deed approximately 6 acres of land therefrom, which is referred to as the"Retained Property"; and WHEREAS, the Protected Property and the Retained Property are more particularly shown on a Conservation Easement Map prepared by Paggi, Martin & Del Bene, lasted revised 6/13/2004, and filed in the Office of the Dutchess County Clerk on June 22, 2004 as Map No. 11698; and WHEREAS, the Protected Property was also designated as Park Land by Town Board Resolution dated December 8, 2003; and WHEREAS, the Retained Property contains all of the above-referenced buildings which are also depicted on Filed Map No. 11698; and WHEREAS, the TOWN has actively sought proposals to explore the development potential of the Retained Property; and WHEREAS, the Erik Anderson, Tyler Graham and Svend Lindback (the "PRINCIPALS"), on behalf of an LLC to be formed, have agreed to investigate and undertake feasibility and due diligence studies to determine the development potential of the Retained Property, including the restoration and possible reconstruction of the buildings thereon, consistent with the original uses and historical heritage of Carnwath Farms. 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 concur with 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. 4. The Town Board further authorizes the Supervisor and the Attorney to the Town to negotiate minor amendments to the Memorandum of Understanding as deemed appropriate and necessary, consistent with the form of Memorandum of Understanding attached hereto. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-218 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.JiavaVoter Q ❑ ❑ ❑ ❑ DefeatedWilliam H.Beale Voter. Q ❑ ❑ ❑ 111 .......... ...... ....... ....I.... ....... .. .. ....... ....... ....... ..... ❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn JoJ.Fenton Seconder Q ❑ 0 hn 0 ., Michael Kuzmicz Mover Q ❑ ❑ ❑ Town of Wappinger Page 10 Printed 811012016 Regular Meeting Minutes August 8, 2016 Dated: Wappingers Falls, New York August 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-219 Resolution Authorizing Supervisor To Enter Into And Execute Bus Sign Amenities Intermunicipal Agreement With The County Of Dutchess WHEREAS,Article IX (Local Governments) of the New York State Constitution, and Article 5-G Section 119-o of the General Municipal Law of the State of New York authorize municipalities of the State of New York to enter into intermunicipal agreements for the performance of cooperative activities; and WHEREAS, Section 5307 of Title 49, United States Code,provides federal assistance for public transportation in urbanized areas, to be administered by the Federal Transportation Administration; and WHEREAS, Dutchess County presently operates a public transit system consisting of, among other things, fixed routes throughout the County, including ingress and egress to the municipality; and WHEREAS,the County and the Town desire to enhance public transportation service and improve passenger safety and convenience through the installation of bus stop signs, shelters and other amenities within the municipality and wish to enter into a Bus Stop Sign Amenities Intermunicipal Agreement, a copy of which is annexed 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 accepts the terms and conditions set forth and contained in the above-mentioned Intermunicipal Agreement, a copy of which is annexed hereto, so as to enhance public transportation service and improve passenger safety and convenience through the installation of bus stop signs, shelters and other amenities. 3. Supervisor Lori A. Jiava, on behalf of the Town of Wappinger, is hereby authorized and directed to execute the Intermunicipal Agreement in the form annexed hereto. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-219 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 August 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-220 Town of Wappinger Page 11 Printed 811012016 Regular Meeting Minutes August 8, 2016 Resolution Introducing Local Law No. 5 Of The Year 2016, "Town Of Wappinger Code Regulating The Administration And Enforcement Of The New York State Uniform Code And Energy Code" WHEREAS,the Town of Wappinger previously elected to locally enforce the provisions of the New York State Uniform Fire Prevention and Building Code ("Uniform Code") and the State Energy Conservation Construction Code ("Energy Code"); and WHEREAS, on April 6,2016, the Department of State published in the New York State Register a Notice of Adoption of Updated Provisions of the Uniform Code and Energy Code which becomes effective October 6, 2016; and WHEREAS,Part 1203 of Title 19 of the New York Code of Rules and Regulations set forth certain minimum standards that that Town must follow and adopt in its Local Law to enforce the Uniform Code and the Energy Code; and WHEREAS,the New York State Department of State has amended certain provisions of Title 19, Part 1203 of the New York Code of Rules and Regulations since the last Local Law was adopted by the Town; and WHEREAS,these changes to the Uniform Code, the Energy Code and the State Regulations require the Town to supersede the prior local law regulating the subject matter with a new Local Law; and WHEREAS, the proposed action is a Type II 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); 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. 5 of the Year 2016 in the form annexed hereto. 3. The Town Board determines that the enactment of the aforementioned Local Law is a Type 11 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. 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No. 5 of the Year 2016 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 12th day of September, 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. 5. 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 Town of Wappinger Page 12 Printed 811012016 Regular Meeting Minutes August 8, 2016 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-2016-220 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 ❑ 0 0 .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-221 Resolution Authorizing Enforcement Actions For Encroachments Onto Property Owned By The Fieldstone Conservation Park District WHEREAS, in or about 1982, the Town Board caused the establishment of the Fieldstone Conservation Park District to hold title to all conservation lands created in connection with the Fieldstone Farms Conservation Subdivision Sections I, II and HI; and WHEREAS, by deed dated August 10, 1993 from Fieldstone Farms, a Joint Venture Partnership, to the Town of Wappinger, on behalf of the Fieldstone Conservation Park District, which deed was recorded in the Dutchess County Clerk's Office on September 30, 1993 at Liber 1934, Page 365, three parcels of property identified as "Conservation District" and as shown on filed map numbers 6330, 6504 and 6879, filed in the Dutchess County Clerk's Office, were transferred into said Fieldstone Conservation Park District; and WHEREAS, it has been reported to the Zoning/Enforcement Department and the Town Supervisor's Office that a number of residents and property owners in the Fieldstone Farm Subdivision have encroached onto properties owned by the Fieldstone Conservation Park District. 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. Supervisor Lori A. Jiava and Zoning Administrator Barbara Roberti, with advice from the Attorney to the Town, are hereby authorized and directed to forward notices to all property owners within the Fieldstone Farms Subdivision that the property owned by the Fieldstone Conservation Park District is to remain in its natural state and is not to be altered, cleared, improved or otherwise utilized by any persons or property owners within the Fieldstone Farms Subdivision. 3. The Town Supervisor and the Attorney to the Town are hereby authorized to take whatever steps are necessary to remove any persons occupying or utilizing any portions of property owned by the Fieldstone Conservation Park District, including commencement of any legal actions necessary to remove, eject or evict any persons from using or occupying any parts or portions of the Fieldstone Conservation Park District or to any legal actions to require such Town of Wappinger Page 13 Printed 811012016 Regular Meeting Minutes August 8, 2016 persons to restore any property of the Fieldstone Conservation Park District to its natural condition. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-221 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 August 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-224 Resolution Adopting Local Law No. 4 Of The Year 2016, "2016 Amendments To Fee And Fine Schedules Of The Town Of Wappinger." WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "Local Law No. 4 of the Year 2016, "2016 AMENDMENTS TO FEE AND FINE SCHEDULES OF THE TOWN OF WAPPINGER"; 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 8th day of August, 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 of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled, Local Law No. 4 of the Year 2016, "2016 AMENDMENTS TO FEE AND FINE SCHEDULES OF THE TOWN OF WAPPINGER," 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 and 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: Town of Wappinger Page 14 Printed 811012016 Regular Meeting Minutes August 8, 2016 ✓Vote Record-Resolution RES-2016-224 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 ❑ 0 0 . Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-225 Resolution Introducing "Local Law No. 6 Of The Year 2016, Amending Chapter 133 Of The Town Code Known As Flood Damage Prevention" WHEREAS, the Town of Wappinger adopted Local Law 43 of 2012 which created a Chapter in the Town Code entitled "Flood Damage Prevention"; and WHEREAS,the New York State Department of Environmental Conservation, Division of Water, Bureau of Flood Protection and Dam Safety, have notified the Town that the Flood Insurance Rate Map (FIRM) map panel numbers have been recently been further revised; and WHEREAS,this Local Law is intended to amend Chapter 133-6 (4) and (5) "Basis for Establishing Areas of Special Flood Hazard" in order to adopt amendments made to the FEMA maps by FEMA and in order to comply with the request of the New York State Department of Environmental Conservation, Division of Water, Bureau of Flood Protection and Dam Safety and the revisions to the Flood Insurance Rate Map (FIRM) map panel numbers; and WHEREAS, this is a Type II action pursuant to 6 NYCRR § 617.5(c)(20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act("SEQRA") and Local Law No. 6 of 1992 of the Town of Wappinger ("WEQRA"). 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.6 of the Year 2016 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR § 617.5(c)(20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act("SEQRA") or pursuant to Local Law No. 6 of 1992 of the Town of Wappinger("WEQRA"). The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No.6 of the Year 2016 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 12th day of September, 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 Poughkeepsie Journal and Southern Dutchess News as required by law. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 15 Printed 811012016 Regular Meeting Minutes August 8, 2016 ✓Vote Record-Resolution RES-2016-225 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 ❑ D D . Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York August 08, 2016 The Resolution is hereby duly declared Adopted. X. Town Board Review of Vouchers RESOLUTION: 2016-222 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2016-JJ The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, New York (the "Town"), and you are hereby authorized and directed to pay to each claimant the amount allowed upon his claim as hereinafter set forth: Claim Packet: 2016-JJ Vendor A B DB T92 AM (General (General (Highway (Plannin (Ambulance Town Part Fund) g ) wide) Town) /Zoning Escrows) Camo Camo Camo 638.60 Camo 455.00 Central Hudson 221.84 Central Hudson 77.10 Montfort Bros. 305.60 Southern Dutchess News 48.90 Signal Graphics Town of Wappinger Page 16 Printed 811012016 Regular Meeting Minutes August 8, 2016 70.33 Zep Sales 1,690.65 Bottoni Fuel 4,304.59 First Unum Life Ins 222.86 60.78 151.95 Coffee Systems 9.51 Chambers Tractor 127.76 Chambers Tractor 9.45 CSEA Optical/Dental H/W 3,385.58 Celia Sigalow 140.00 Justice Court Fund 38,471.25 Town of Fishkill Town of Fishkill Tilcon 258.26 Angel's Power Equip 119.80 Staples 17.55 Staples 190.50 Staples 41.88 Fishkill Plains Garage 10.00 Schneider Elec Telvent DTN 681.00 Paul Lenci (Band) 1,200.00 EM Star Ambulance 32,916.00 Chase Visa 63.81 Chase Visa 60.82 PBE Auto 347.16 Town of Wappinger Page 17 Printed 811012016 Regular Meeting Minutes August 8, 2016 The Regulators (Band) 1,300.00 John George Reimburse 3.00 Cornerstone 798.57 39.03 Morris Assoc 655.00 5,829.14 2,265.01 3,812.45 Morris Assoc 333.50 Morris Assoc 286.00 Morris Assoc 1,215.50 Morris Assoc 190.50 Morris Assoc Morris Assoc 1,692.00 490.00 Morris Assoc 214.50 Morris Assoc Mobile Life Ambulance 1,197.67 Amazon 38.62 Amazon 24.85 Amazon 101.94 Auto Zone 407.29 Local Pipe Band 1,000.00 Dutchess Proprint 13.50 Dutchess Proprint 16.45 Sarjo Ind 185.48 Tool Rental by Durants Joe Johnson Equip 696.93 Haight Fire Exting 65.00 Alan &Alice Fennell Band 950.00 Young Colonials (Band) 1,200.00 Town of Wappinger Page 18 Printed 811012016 Regular Meeting Minutes August 8, 2016 American Printing 289.90 Thomson West Law 449.00 Thomson West Law 200.00 Baright Car Washes 45.50 Hillman Signs 51.00 Cintas (First Aid Kit) 145.69 Optimum (Trooper Barrack) 490.04 Total $55,215.1 $2,440.2 $16,635.4 $4,587.00 $34,113.67 8 7 7 Vendor T33 T99 (Other HWF HWN HMR (Water (Parkland Escrows) (Filtration (Wapp Meter Trust) of Atlas & Water Replacement) Hilltop) Main) Camo 7,658.00 Camo Camo Camo Central Hudson Central Hudson Montfort Bros. Southern Dutchess News Signal Graphics Zep Sales Bottoni Fuel First Unum Life Ins Coffee Systems Chambers Tractor Chambers Tractor CSEA Optical/Dental H/W Celia Sigalow Justice Court Fund Town of Wappinger Page 19 Printed 811012016 Regular Meeting Minutes August 8, 2016 Town of Fishkill Town of Fishkill Tilcon Angel's Power Equip Staples Staples Staples Fishkill Plains Garage Schneider Elec Telvent DTN Paul Lenci (Band) EM Star Ambulance Chase Visa Chase Visa PBE Auto The Regulators (Band) John George Reimburse Cornerstone Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc 2,534.60 588.00 Morris Assoc 375.00 1,133.60 Morris Assoc Morris Assoc 691.00 Mobile Life Ambulance Amazon Amazon Amazon Auto Zone Local Pipe Band Dutchess Proprint Dutchess Proprint Sarjo Ind Tool Rental by 293.25 Durants Joe Johnson Equip Town of Wappinger Page 20 Printed 811012016 Regular Meeting Minutes August 8, 2016 Haight Fire Exting Alan &Alice Fennell Band Young Colonials (Band) American Printing Thomson West Law Thomson West Law Baright Car Washes Hillman Signs Cintas (First Aid Kit) Optimum (Trooper Barrack) Total $668.25 $1,133.60 $588.00 $691.00 $10,192.60 Vendor T33 WH W SH SW SM (Parklan (Watchill (Wapp (Watch (Wildwoo (Midpoi d Trust) Water) United Hill d Sewer) nt Water) Sewer) Sewer) Camo Camo 10,178.52 Camo Camo Central Hudson Central Hudson Montfort Bros. Southern Dutchess News Signal Graphics Zep Sales Bottoni Fuel First Unum Life Ins Coffee Systems Chambers Tractor Chambers Tractor CSEA Optical/Dental H/W Celia Sigalow Justice Court Fund Town of Fishkill 9,932.28 Town of Fishkill Town of Wappinger Page 21 Printed 811012016 Regular Meeting Minutes August 8, 2016 2,226.69 Tilcon Angel's Power Equip Staples Staples Staples Fishkill Plains Garage Schneider Elec Telvent DTN Paul Lenci (Band) EM Star Ambulance Chase Visa Chase Visa PBE Auto The Regulators (Band) John George Reimburse Cornerstone Morris Assoc 143.00 1,829.96 Morris Assoc Morris Assoc Morris Assoc Morris Assoc Morris Assoc 1,303.40 Morris Assoc 580.00 Morris Assoc Morris Assoc Mobile Life Ambulance Amazon Amazon Amazon Auto Zone Local Pipe Band Dutchess Proprint Dutchess Proprint Sarjo Ind Tool Rental by Durants Town of Wappinger Page 22 Printed 811012016 Regular Meeting Minutes August 8, 2016 Joe Johnson Equip Haight Fire Exting Alan &Alice Fennell Band Young Colonials (Band) American Printing Thomson West Law Thomson West Law Baright Car Washes Hillman Signs Cintas (First Aid Kit) Optimum (Trooper Barrack) Total $12,405.2 $3,133.3 $9,932.2 $580.00 $143.00 1 6 8 Vendor SU Town Board Hold (Wapp Paid U n ited Sewer) Camo 7,658.00 Camo 10,178.52 Camo 638.60 Camo 455.00 Central Hudson 221.84 Central Hudson 77.10 Montfort Bros. 305.60 Southern Dutchess 48.90 News Signal Graphics 70.33 Zep Sales 1,690.65 Bottoni Fuel 4,304.59 First Unum Life Ins 435.59 Coffee Systems 9.51 Chambers Tractor 127.76 Chambers Tractor 9.45 CSEA Optical/Dental Town of Wappinger Page 23 Printed 811012016 Regular Meeting Minutes August 8, 2016 HM/ 3,385.58 Celia Sigalow 140.00 Justice Court Fund 38,471.25 Town of Fishkill 9,932.28 Town of Fishkill 2,226.69 Tilcon 258.26 Angel's Power Equip 119.80 Staples 17.55 Staples 190.50 Staples 41.88 Fishkill Plains Garage 10.00 Schneider Elec Telvent 681.00 DTN Paul Lenci (Band) 1,200.00 EM Star Ambulance 32,916.00 Chase Visa 63.81 Chase Visa 60.82 PBE Auto 347.16 The Regulators (Band) 1,300.00 John George 3.00 Reimburse Cornerstone 837.60 Morris Assoc 3,581.44 18,116.00 Morris Assoc 333.50 Morris Assoc 286.00 Morris Assoc 1,215.50 Morris Assoc 190.50 Morris Assoc 4,426.00 Morris Assoc 4,270.60 Morris Assoc 214.50 Morris Assoc 691.00 Mobile Life Ambulance 1,197.67 Amazon 38.62 Amazon 24.85 Town of Wappinger Page 24 Printed 811012016 Regular Meeting Minutes August 8, 2016 Amazon 101.94 Auto Zone 407.29 Local Pipe Band 1,000.00 Dutchess Proprint 13.50 Dutchess Proprint 16.45 Sarjo Ind 185.48 Tool Rental by Durants 293.25 Joe Johnson Equip 696.93 Haight Fire Exting 65.00 Alan &Alice Fennell 950.00 Band Young Colonials (Band) 1,200.00 American Printing 289.90 Thomson West Law 449.00 Thomson West Law 200.00 Baright Car Washes 45.50 Hillman Signs 51.00 Cintas (First Aid Kit) 145.69 Optimum (Trooper 490.04 Barrack) Total $3,581.44 $0.0 $154,014.8 $2,025.5 0 3 0 $156,040.3 $156,040.33 3 The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-222 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as AmendedLori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated ..WilliamH.Beale ...................Voter... Q.........,.... ."❑""... ❑.. ....... ..❑........ ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Seconder Q ❑ D D Dated: Wappingers Falls, New York August 08, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-223 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board-206-11 Town of Wappinger Page 25 Printed 811012016 Regular Meeting Minutes August 8, 2016 Claim Packet: 2016-II Vendor A B DB T92 T84 (General (General (Highway (Planning (Palmateer Town Part Fund) /Zoning Memorial) wide) Town) Escrows) Central Hudson 1,710.57 Central Hudson 528.93 Central Hudson 37.29 Central Hudson 37.29 Central Hudson 13.50 Scott Volkman Esq 6,720.00 Home Depot 11.82 Home Depot 85.60 Home Depot 227.93 Home Depot 138.94 Signal Graphics 47.28 DC Sheriff Dept 7,382.09 MVP Gold H/I Retirees 3,147.90 MVP H/I Premium 24,605.00 3,948.44 25,851.86 Lehigh Lawn & 5,343.67 Landscap Al Roberts 4,847.50 Al Roberts 13,125.00 4,550.00 735.00 Al Roberts 157.50 927.50 Al Roberts 2,012.50 Al Roberts 105.00 Al Roberts 175.00 Al Roberts 1,855.00 Al Roberts Al Roberts 2,590.00 Al Roberts Al Roberts Al Roberts 1,347.50 Al Roberts 434.75 Al Roberts Optima Environmental 824.42 DC Soil &Water 250.00 Conser Graham Foster H/I 137.40 Reim Expanded Supply Town of Wappinger Page 26 Printed 811012016 Regular Meeting Minutes August 8, 2016 704.76 Coffee Systems 94.37 Frederick P. Clark 4,773.50 Frederick P. Clark 1,890.00 Frederick P. Clark 105.00 Frederick P. Clark 2,130.50 Ruge's Parts Center 17.78 Ruge's Parts Center 23.63 Ruge's Parts Center 84.24 Ruge's Parts Center 126.62 Hud River Truck Equip 213.65 Tech Air 733.45 Tech Air 273.33 Village of Fishkill Hillman Signs 53.00 Advance Auto Parts 2.16 31.39 Tilcon 1,211.72 Staples 55.93 Staples 24.89 Staples 55.62 Atlas Star 101.92 The Cutting Edge 525.00 Girish Dharamshi Reimb Optimum 175.60 Wells Fargo 272.43 272.42 Vantage Equip 561.75 Nancy Matter Reimb 30.00 Durants Party Rentals 435.00 H.V. Wipers 175.00 Chase Visa 60.82 Wallace &Wallace 1,540.00 Ryan Leone Reimburse 90.29 Ready Refresh Spring 138.16 Town of Wappinger Page 27 Printed 811012016 Regular Meeting Minutes August 8, 2016 W Allstate Supplement Ins Big Top Portajohns 110.00 Hannaford 18.66 Ken Bernstein 1,837.50 Joe Johnson Equip 167.08 Jessica Fulton 419.72 Reimburse Mozy 1,098.70 Herring Sanitation 348.75 Patterson Surg Supply 171.20 Total $57,054.65 $25,793.85 $30,836.55 $15,514.00 $5,868.67 Vendor T33 T14 HWF HWN T 99 (Parkland (Allstate) (Filtration (Wapp (other Trust) of Atlas Water Escrows) & Hilltop) Main) Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Scott Volkman Esq Home Depot Home Depot Home Depot Home Depot Signal Graphics DC Sheriff Dept MVP Gold H/I Retirees MVP H/I Premium Lehigh Lawn & Landscap 3,208.38 Al Roberts Al Roberts 245.00 Al Roberts Al Roberts Al Roberts Al Roberts Town of Wappinger Page 28 Printed 811012016 Regular Meeting Minutes August 8, 2016 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts 52.50 Al Roberts Al Roberts Al Roberts 507.50 Optima Environmental DC Soil &Water Conser Graham Foster H/I Reim Expanded Supply Coffee Systems Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Ruge's Parts Center Ruge's Parts Center Ruge's Parts Center Ruge's Parts Center Hud River Truck Equip Tech Air Tech Air Village of Fishkill Hillman Signs Advance Auto Parts Tilcon Staples Staples Staples Atlas Star The Cutting Edge Girish Dharamshi Reimb Optimum Wells Fargo Vantage Equip Nancy Matter Reimb Durants Party Rentals Town of Wappinger Page 29 Printed 811012016 Regular Meeting Minutes August 8, 2016 H.V. Wipers Chase Visa Wallace &Wallace Ryan Leone Reimburse Ready Refresh Spring W Allstate Supplement Ins 1,112.04 Big Top Portajohns Hannaford Ken Bernstein Joe Johnson Equip Jessica Fulton Reimburse M ozy Herring Sanitation Patterson Surg Supply Total $3,208.38 $1,112.04 $52.50 $507.50 $245.00 Vendor WF WU SM SU (Fleetwood) (Wapp (Midpoint (Wapp U n ited Sewer) U n ited Water) Sewer) Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Scott Volkman Esq Home Depot Home Depot Home Depot Home Depot Signal Graphics DC Sheriff Dept MVP Gold H/I Retirees MVP H/I Premium Lehigh Lawn & Landscap Al Roberts Al Roberts 2,940.00 Town of Wappinger Page 30 Printed 811012016 Regular Meeting Minutes August 8, 2016 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts 245.00 Al Roberts Al Roberts 210.00 Al Roberts 315.00 Al Roberts Al Roberts Al Roberts Optima Environmental DC Soil &Water Conser Graham Foster H/I Reim Expanded Supply Coffee Systems Frederick P. Clark Frederick P. Clark Frederick P. Clark Frederick P. Clark Ruge's Parts Center Ruge's Parts Center Ruge's Parts Center Ruge's Parts Center Hud River Truck Equip Tech Air Tech Air Village of Fishkill 7,980.29 Hillman Signs Advance Auto Parts Tilcon Staples Staples Staples Atlas Star The Cutting Edge Girish Dharamshi 146.27 Reimb Optimum Wells Fargo Vantage Equip Town of Wappinger Page 31 Printed 811012016 Regular Meeting Minutes August 8, 2016 Nancy Matter Reimb Durants Party Rentals H.V. Wipers Chase Visa Wallace &Wallace Ryan Leone Reimburse Ready Refresh Spring W Allstate Supplement Ins Big Top Portajohns Hannaford Ken Bernstein Joe Johnson Equip Jessica Fulton Reimburse M ozy Herring Sanitation Patterson Surg Supply Total $7,980.29 $461.27 $2,940.00 $455.00 $152,029.70 Vendor Paid Town Board Hold Central Hudson 1,710.57 Central Hudson 528.93 Central Hudson 37.29 Central Hudson 37.29 Central Hudson 13.50 Scott Volkman Esq 6,720.00 Home Depot 11.82 Home Depot 85.60 Home Depot 227.93 Home Depot 138.94 Signal Graphics 47.28 DC Sheriff Dept 7,382.09 MVP Gold H/I Retirees 3,147.90 MVP H/I Premium 54,405.30 Lehigh Lawn & 8,552.05 Landscap Al Roberts 4,847.50 Al Roberts 21,595.00 Al Roberts 1,085.00 Al Roberts 2,012.50 Al Roberts 105.00 Town of Wappinger Page 32 Printed 811012016 Regular Meeting Minutes August 8, 2016 Al Roberts 175.00 Al Roberts 1,855.00 Al Roberts 245.00 Al Roberts 2,590.00 Al Roberts 210.00 Al Roberts 367.50 Al Roberts 1,347.50 Al Roberts 434.75 Al Roberts 507.50 Optima Environmental 824.42 DC Soil &Water 250.00 Conser Graham Foster H/I 137.40 Reim Expanded Supply 704.76 Coffee Systems 94.37 Frederick P. Clark 4,773.50 Frederick P. Clark 1,890.00 Frederick P. Clark 105.00 Frederick P. Clark 2,130.50 Ruge's Parts Center 17.78 Ruge's Parts Center 23.63 Ruge's Parts Center 84.24 Ruge's Parts Center 126.62 Hud River Truck Equip 213.65 Tech Air 733.45 Tech Air 273.33 Village of Fishkill 7,980.29 Hillman Signs 53.00 Advance Auto Parts 33.55 Tilcon 1,211.72 Staples 55.93 Staples 24.89 Staples 55.62 Atlas Star 101.92 The Cutting Edge 525.00 Girish Dharamshi 146.27 Reimb Optimum 175.60 Wells Fargo 544.85 Vantage Equip 561.75 Nancy Matter Reimb 30.00 Durants Party Rentals 435.00 H.V. Wipers 175.00 Chase Visa 60.82 Town of Wappinger Page 33 Printed 811012016 Regular Meeting Minutes August 8, 2016 Wallace &Wallace 1,540.00 Ryan Leone Reimburse 90.29 Ready Refresh Spring 138.16 W Allstate Supplement Ins 1,112.04 Big Top Portajohns 110.00 Hannaford 18.66 Ken Bernstein 1,837.50 Joe Johnson Equip 167.08 Jessica Fulton 419.72 Reimburse Mozy 1,098.70 Herring Sanitation 348.75 Patterson Surg Supply 171.20 Total $0.00 $143,756.70 $8,273.00 $152,029.70 The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-223 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ DefeatedWilliam H.Beale Voter. Q ❑ ❑ ❑ .......... ....I.... ....... ....I.... ....... ...I.... ....... ..... ...... .. ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton ......................Voter...............Q.................0 .............0 ........ 0 Michael Kuzmicz Seconder Q ❑ 0 0 Dated: Wappingers Falls, New York August 08, 2016 The Resolution is hereby duly declared Adopted. XI. Items for Special Consideration/New Business Councilman Kuzmicz asked about the speed trailer on Diddell road. Supervisor Jiava explained that the cost of county police services to do a study with the Town of Wappinger owned speed trailer would be $3,600 trailer. He also asked about putting a sign up on Sherwood Heights to warn of a sharp curve on that hill. 1. Motion To: Fund Community Day with $1,526 under Line item A7110.199 Town of Wappinger Page 34 Printed 811012016 Regular Meeting Minutes August 8, 2016 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Review of Quiet Acres Paving Process Councilman Fenton addressed the re-surfacing of Quiet Acres. He asked the engineer if he had gone out to take a look at it. Mr. Gray said he had helped out and gave the quantities to the highway superintendent. Councilman Fenton said he understood there might be a few locations that might need a little extra work prior to black topping and he wanted to know whether he could have the board agree to send out the engineer to take a look prior to spending all that money. He added, "There are a couple of locations that need a little extra work." Engineer Gray said milling is going on in a lot of locations and asked if he should look at all the locations? Councilman Fenton said, "We're spending almost $800,000 on blacktop." Engineer Gray said he could not do it personally and Mark Long would be covering while he is out of town. Councilman Beale asked, "Specifically again, what are you requesting now?" Councilman Fenton replied, "Well, what's happening is, the way the road is being "prepped" there are some areas that need a little bit more attention and I just wanted to get a engineer out there to make sure that we are doing it the right way". Councilman Beale said, "It's your ward and if you feel that way, I'll support it." Councilman Ciccarelli asked who the contractor out there was. Mr. Fenton replied, Avello Brothers. Supervisor Jiava said that last year DeGarmo and Spook Hill were paved in the same way and assumed that it would be within the regulation, but still had no objection to the request to send the engineering service out to review the work. Councilman Fenton said, "Some of the highway guys are here, maybe I can ask for their opinion being that they're the ones out there doing it?" Supervisor Jiava said, "I think we should actually have the engineer look at the road, based on drainage basins and other items out there". Engineer Gray said he would have Mark contact the highway superintendent. 3. Motion To: Recommend for Electrical work at Town Hall for Certificate of Occupancy for $2,965 from Buildings and Grounds Mr. Frazier said that he had two quotes one from Costa Electric for $2.965 and the second from another vendor at $3,130. He recommended Costa for the job. Again, neither bids, nor supporting documents were handed to the Town Clerk for attaching to these minutes or adding to the Correspondence Log. Engineer explained what this is all about. He said that after the electric was done on the Won door, Electrical Work needed to be done before town hall can get the certificate of occupancy which Steve Frazier had given the above verbal quotes and recommendation. Supervisor Jiava said that it was a lot of GFIs and outlets, extension cords, and conduits. Mr. Frazier said he would be spending from line item Town Hall repairs which had $43,000 in it. Councilman Ciccarelli questioned all the other outlying parks throughout the town. Supervisor Jiava said Donna Lehnhart is putting a list together of all the parks. Councilman Kuzmicz reminded the board to fund these during budget time to maintain all these parks. Historian Joseph Cavaccini rose to explain the signs at Swartwoutville, the southeast section of Town of Wappinger Page 35 Printed 811012016 Regular Meeting Minutes August 8, 2016 the town, and all the support he received in getting them ordered and installed. Councilman Beale asked about internal controls inside a house for safety reason given an emergency and suggested a conversation to be had in the code enforcement department. Attorney Roberts did not know of any regulations for "hoarding". ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz XII. Executive Session to Discuss a Legal Issue and an Employee 1. Motion To: Enter Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, 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 3. Motion To: Set a Special Meeting for August 15th at 7:30 PM to introduce a Local Law Councilman Beale added, "I think next Monday's meeting should be for also discussion and for potential entertainment of legislation if necessary for that purpose of restructuring the administration of the town highway department if necessary." ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz XIII. Adjournment Motion To: Wappinger Adjournment& Signature The meeting adjourned at 10:57 PM. Town of Wappinger Page 36 Printed 811012016 Regular Meeting Minutes August 8, 2016 Joseph P. Paoloni Town Clerk ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 37 Printed 811012016 0 0 0 0 0 0 0 0 0 0 0 0o co 0 00 00 o w 0 00 5.1.a 66666666661= eow � o0000ow00owwc O O o 0 0 0 0 0 0 0 0 S O o 0 0 0 0 0 0 o a - 1 O CD m v O Cn -P W N — <D I � In * O• 00 0 O 07 � O O O v N N — - 5' v v W Q Q. Q. � Tm Q QQ CD v O O � n � m CD CD D O 0 < 0CD CD CD m W Coe � � r—UsQ r1:7CDe -M - Cr 0- UCrM' CD =3m CD CD m 3 m m o o04 0 = 3 �' 3 3 Dov in vv (� o O -, e _ C s i c Co 00 Co Co N N N N N N N N N N N Cp 0 0 0 0 0 0 0 0 0 0 0 e eCo Co Co Co Co Co W 3 1 to N 00 \ \ CD N N N N N N N N N N N j 0 0 0 0 0 0 0 0 0 0 0 0 C 1 1 3CD 0) rnC3) mm0.) 0.) rn0) 0-) 0-) - Coe n -i -n CD v o v o X CD =T 2 X m <' � � -0 Qom _ e 3 � -o0Qgm ., m �. � cc CD < O e < = Qo Cl) -n Q° e CD �' m o = -U 0 5' m CL M o WQ -CD �' D e o —_ o m W 0. m 0- O 0 N m — D go o• Q CD cD cQ o m v 3 �+ CD W O rr � Q Cn J D c� � woOw � coO � oo � Q. \ \ \ \ \ \ \ \ \ 03wOwwwmOmwmm N N N N N N N 0 0 0 00 0 CD packet Pg. 38 V/ 8 � � lT /n 8 Planning Board & Zoning Board of Appeals Bea Ogunti MONTHLY REPORT DATE: July 8, 2016 FOR THE MONTH OF June, 2016 Month Total Year-to-date ZONING BOARD FEES COLLECTED Zoning Board Variance Applications $ 500.00 $ 3,750.00 00 ° Zoning pp Board Use Applications $ -0- $ -0- Foils $ -0- $ -0- cm ZBA TOTAL: $ 500.00 $ 3,750.00 PLANNINB BOARD FEES COLLE-CTED CL Planning Board Subdivision Applications $ -0- $ -0- Planning Board Site Plans Applications $3,278.00 $21,700.50 Planning Special Use Permits $ -0- $ 1,000.00 CN Planning Board Conceptual Applications $ -0- $ 750.00 Planning Board Architectual Applications $ -0- $ -0- cm _ e co Foils $ -0- $....-0- - - Subdivision Regulations Books $ 0 $ -0- ° cm 00 ° 00 PB TOTAL: $3,278.00 $22,700.50 ZONING BOARD MONTHLY TOTAL $ 500.00 $ 3,750.00 PLANNING BOARD MONTHLY TOTAL $2,528.00 $ 2,778.00 TOTAL: $3,028.00 $ 6,528.00 c� RECREATION FEES COLLECTED TOTAL: $ -0- $ -0- PROJECTS BEFORE THE BOARD Zoning Board of Appeals No. 15 Planning Board No. 28 JUL 11.2016 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 39 5.1.a -2- Month Total Year-to-date ROAD INSPECTION ESCROW RECEIVED $ -0- $ -0- TOTAL: $ -0- $ -0- e 00 CD e PROJECT ESCROW RECEIVED cm June TOTAL: $9,750.00 $39,000.00 CLC 04 CD 04 co Ui e cc: Town Board Town Clerk cme CD CD e I � Packet Pg.40 Ctv..aiEngineering Surveying Land Planning rPVE Environmental Municipal Services July 7, 2016 Sedore &Company, CPAs 2678 South Road,Suite 101 Poughkeepsie, New York 12601 Re: Town of Wappinger,Castle Point Landfill Post-closure Requirements and Costs; PVE Sheffler File#560547 00e To Whom It May Concern: cm PVE Sheffler, LLC is responsible for post-closure groundwater and landfill gas monitoring for the Town of Wappinger at the Town's Castle Point Landfill. In accordance with 6NYCRR Part 360, the State's regulations governing closed landfills, groundwater and landfill-generated gasses must be monitored for a period of 30 years after closure (6NYCRR Part 360-2.15). This CL work has been conducted in accordance with the December 2000, NYSDEC approved, Post-Closure Monitoring and Maintenance (PCMM) Manual, prepared by Paggi, Martin & Del Bene, LLP. In July 2004, Conrad Geoscience requested that the frequency of groundwater monitoring be reduced from quarterly to annually, and that samples be analyzed in accordance with 6NYCRR Part 360 Baseline Parameters. This request was granted by NYSDEC shortly thereafter. Landfill gasses are monitored quarterly. Results of field inspections and sampling arecm reported to NYSDEC at the completion of services for that quarter. cme PVE Sheffler provides landfill gas monitoring at an annual cost of $1,923.00, and annual groundwater monitoring at$2,500.00 per year. The total cost for 2015 services is $4,423.00. The cost to provide post-closure monitoring services, as outlined above, for the remaining post-closure monitoring period (15 years), at current rates,would be$57,499.00. 00e If you have any questions, please do not hesitate to call. 00 Sincerely, PVE Sheffler I E V FL JUL 11 ?916 Christopher B. Brown, CPG N PrinciP Y g g al\Senior H dro eolo ist TO O �� �W� F ����� Et 9' TOWN CLERK CBB/tla cc: Supervisor Town Clerk Robert J. Gray, Morris Associates 48 Springside avenue,Poughkeepsie,New York 12603 Phone:845-454-254-1 Fat:845-454-26-5; Packet Pg.41 QQMAWNC THE SENATE —003 ALPANYOff.sCrz. LUU-14KEMEA STATE OF W YO C ' � s F;,eaad a� 42U ALSANY POSE MOAb INSURANCE aHYDE Fs IMENTAIL HFA caL.3 . Mt L°".ssSr?G'€i.,"iIxxazsa� gg SUSAN NG Senator,41 Disnict June 10,201 00CD00e Mfs-.Lpari .TiaV , FOAM Of ainger SLtrvisoF - Town of wappinger'fow- Hal CM RECEIVED 20 Middlebush Road Wappingers F-tills. NY 12590 N 2, rl tr C Dear Lori. C :SUPERVISOROFFTC-P CL Iam writing today to thank you for maid g Shed 1 e Meds!a success n MMurrsd ,y,June ,2 1 at the"I o o a�appi ger °o ma.Hall. It was w nder ul orking,together. and judging by the lame turnout; we e ° community. e headway against the ueroin and opioid epjdernic facing our CM As you know, heroin abuse often sus with prescription pain med:czatioms, and it's cls thdt Co immediate action nes to be taken to combat the s yroc etizag drug, aide nic affectsLLJ everyone in o Community, nits= Thanks again Lori, and:if I can be of service toYou going forward.Tease do not hesitate to CoCM contact nay office. Co CD merely, Suenon Serino C 'ew York State Senator JUL 1 � 2 01 1` District TOWN OF WAFT-.61A. TOWN CLERK SS/dr Packet Pg.42 ✓� � .� ® 5.1.a TOWN OF WAsPPINGER FIRE INSPECTOR SUPERVISOR Mark Liebermann-Ext.127 Lori A.Jiava DEPUTY FIRE INSPECTOR f TOWN BOARD Tyler J,Pettit-Ext 129 William H.Beale William Ciccarelli CLERICAL ASSISTANT — Michael Kuzmicz Michelle Gale-Ext.123 John Fenton CODE ENFORCEMENT OFFICER - s Salvatore A.Morello III-Ext. 142 CODE ENFORCIEMENTOFFICER FIRE INSPECTOR Sue Dec—Ext 126 20 MIDDLEBUSH ROAD WAPPINGERS FALLS,NY 12590 ZONING ADMINISTRATOR PH:845-297-1373 Barbara Roberti-Ext.128 Fax: 845-297-0579 MLiebermann(cDtownofwappin ecL r.us www,townofwappinger.us 00e e Tuesday,July 12,2016 Sydney Corbin ` 79 Diddell Road Wappingers Falls,NY 12590 RIE: STRUCTURE FIRE 65 DEDDELL ROAD::GRIM 6359.03.285420 CL Dear Mr.Corbin: In regards to a structure fire at the aforesaid premises,of which you are owner of record,the Single Family structure,converted to a five family structure is hereby posted as follows pursuant to The Fire Code of New York State, 19NYCRR Section 107: e 9F107.2 Unsafe structures, An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or to the occupants of the structurecm by not providing minimum safeguards to protect or warn occupants in the event of fire. LLj F107.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the structure is unsafe, unlawful OF107.4 Unlawful structure. An unlawful structure is one found in whole or in part cm e to be occupied by more persons than are permitted under this code, or was erected, altered 00 or occupied contrary to law. 00 There shall be no work,repairs or tenant occupancy in this structure until such time as the Town Officialsapprove such work or occupancy. Yo trul ?zzu� M 2 "rlaMark Liebermann—Fire I&pKtor NYS Code Official#0189-7193B Cc:Town Board,Attorney to the Town of Wappinger,Zoning Administrator,Building Department,Assessor Office,Town. Clerk JUL 12 2016 TOWN OF WAPPINGER TOWN CLERK Packet Pg.43 TOW ��PERVISOR 5.1.a FIRE INSPECTOR N ®� Wf"�PPIN��� Mark Liebermann-Ext.127 �/ �� r— Lori A.Jiava DEPUTY FIRE INSPECTOR TOWN BOARD Tyler J.Pettit-Ext 129 - William H.Beale William Ciccarelli CLERICAL ASSISTANT I --- Michael Kuzmicz Michelle Gale-Ext. 123 l\ J John Fenton .r CODE ENFORCEMENT OFFICER Salvatore A.Morello III-Ext. 142 ----�/ CODE ENFORCEMENT OFFICER FIRE INSPECTOR Sue Dao—Ext 126 20 MIDDLEBUSH ROAD WAPPINGERS FALLS,NY 12590 ZONING ADMINISTRATOR PH:845-297-1373 Barbara Roberti-Ext.128 Fax: 845-297-0579 MLieberman nna townofwaooinoer.us . www.townofwappinger.us 00° ° MEMORANDUM To: Lori Rava I t Town Board Members Town Clerk ' From: Mark Liebermann—Fire Ins p for cm Date: July 18',2016 Re: Chapter 185 —Property Maintenance Public Hearing on cm co August 8,2416 cm Monday, August 8th,2016 the following properties are before the town board for Chapter 185, Property Maintenance violations of high grass. This property been posted on the front door and a violation notice has been sent certified:, return receipt. Please post this address on the website and on our community board out front. 1. 41 Red Hawk Hollow JUL 19 2016 TOWN OF WAPPINGER TOWN CLERK Packet Pg.44 �~ TOWN OF WAPPINGER FILE - F PROPERTY MAINTENANCE LAW Copy CHAPTER 185 OF TOWN CODE NOTICE . OF VIOLATION & ORDER TO REMEDY HIGH GRASS & WEEDS TO: Red Hawk Hollow LTD DATE: 6/30/201610:15 AM COMPLAINT #: 2016 -286 TAX PARCEL ID: 6359-02-823539 OWNER(S) OF RECORD: Red Hawk Hollow LTD PROPERTY ADDRESS: 41 Red Hawk Hollow 00 MAILING ADDRESS: 41 Red Hawk Hollow Wappingers Falls,NY 12590 MORTGAGEE/LIENHOLDER OF RECORD:OCWEN LOAN SERVICING MORTGAGEE/LIENHOLDER MAILING ADDRESSTO BOX 24737,WEST PALM BEACH FL.33416 PLEASE TAKE NOTICE that§ 185-3(C) of the Town of Wappinger Code provides that: All landscaping facilities and plantings,whenever exposed to public view, shall be maintained 0. so that lawns, hedges, shrubbery, ornamental bushes and trees shall be kept pruned and trimmed and free from becoming overgrown and unsightly.Yards shall be maintained so thatgrasses and weeds shall not exceed 10 inches in height. On6/30/2016 at 1L•00 AM., the FIRE INSPECTOR/CODE OFFICIAL of the Town of Wappinger cm e inspected your Property and determined that grasses and/or weeds on the Property exceed ten (10) inches in height and the property is unsightly in violation of§185-3(C). co The grasses and/or weeds on the Property must be mowed or trimmed below ten (10)inches in height on or before seven days from the date of this order,that is JULY 8TH,2016 cm The Town Board of the Town of Wappinger will hold a hearing on JULY 11TH,2016 at 7:30 p.m, or as soon 00 thereafter that the hearing can take place, at the Town of Wappinger Town Hall located at 20 Middlebush00 Road, Wappingers Falls, New York 12590, to determine whether the Property is in compliance with the standards of the Property Maintenance Law of the Town of Wappinger (Chapter 185 of the Town Code). L- The owner, lessee, tenant, occupant or other person having charge of the Property has an opportunity to appear and be heard at said public hearing to offer proof that the property is in Izi compliance with the standards of Chapter 185 or that additional time is needed to take corrective action to cure the violation. c� PLEASE TAKE NOTE THAT if the Property owner, lessee, tenant, occupant or other person having charge of any premises does not comply with this Order to Remedy, the Town of Wappinger intends to enter onto the property,take corrective action, and assess the costs of the corrective action as a lien against the property and levy such lien on the Town tax bill if not paid. If the grasses and/or weeds on the property have been cut and the Property is.brought into compliance,please notify the Town of Wappinger Code Enforcement Department at (845)297-6256 to halt further proceedings. MARK LIEBE —F INS P TOR ENFORCEMENT OFFICIAL Packet Pg.45 YV t i a u'C.' �� y A�` �.s� ^ t'� -r ,.,�} fi``. ;,3 ',t^:; �^�^�'N .1'��w-.� ;�r� � 9"�, • Lityr�f 'n` ;�` ^, "•z'""" r t-N' _ -, p, w ` - .r ��y� - :�� rMk. x� a,}��� +�`?'� `.•� ��.V:r ��z""��`".�� w r4�.&��. `�, s*�q, a,'�.4..�y.�€��.<.�-`'3'" r.:*�.�x�.h . y-=',}r� ..rt.' m ., - r�a'rs�, ,� ,.x, --��,.,.� 'S- } •F�.:,-�°�` ".. _rn t'�,�A_, '�`y"' s'���1 7-�' "'' l�'� -�ira�S'�'�aty�`�-�.E .ra r � ��� � a^ta `•s w �"f^w° ,' ,Vr �,r.3 ° i 5ra .'.k ..,• r Sa,«-�r'; 7" ','.h'",� '," .e• '^ra,",s .' �'v ,s; `�`��" �-~x' .3w .L.'�"" � rv�r-. ��..�-'••�, '�:;f,�T "� � Qy �r�a--� ,c?a��r,3, ��s a^,r,.: "a�.�,wa��:�'�„�; -moi rr �`�'� �t� � J f _ '.: .,���'".� � • ^.,s S� . y �1�wZ,r:.�'1��';.,'�.'°'� PS'; ,s2'°� Via"-�`,��,..:a;'��''=�"�''^"a.� U�- �:z "�`'�b�k+°"' `.t�v"'�r� ;:y` .� ,d'=� -�'"c' ., ,``K-,+,. . � •v+r�$y`d..5�.., f.."='�'�y'� :.,,�:^ "z� .*r��' :�"x�i �'' ,+� �°.a�'".��' �yrr"�a;�� :.g�:�„ .���^'"�� ..v, "r'a» �"" 5rf. � S'�*^",� {.,a�s x�'�ri -r��.,��`. +7,.: �,{'fl� `�'y ',F'f='�"�� y�t �� �� ,f����*i��,-� �� ,,,. ��'��`�'��>w� a����.a' .,ik� � �k x '!� v"ky'n+Yr�i.�'.;,t �„� "� J� 2 �1 c,.. � �, ,.,•.��E.; -5 4yr ,r' j y .. 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Me- ri E Y SS rt H 2{.4 T *, w o.aa.67' :tP Xwr 00 CD '� i t dF r r :�r--^�i•—fi � rrV ,d*w..u,Hr� ° H 's `�r r�-.ikrF`FW�.n "ys ^� 7 i w a w t r �. es+d w �,f ✓,� lT�''�, 7 � ^"` . ux c�n^R�P� .�+-��r, -'�.`� yn J '-a., �d�yw,: s y u�-T' ✓r "x '� m i r+y Jr. r: t z CL -�..-,,...u.,,�..'�., µ'*u�r-�r rr .r..._..x.• ana.a +�w*se .� � .a r V) cm° 1 Red Hawk Hollow 6/30/16 CD Tall Grass Complaint cm e MJ Liebermann - Fire Inspector uicme CD ° CD M Packet Pg.48 5.1.a NOTICE TO PROCEED Dated:July 19,2016 TO:Fastracs Recitals.Inc.. (Contractoi). _ ADDRESS:PO Box 5600. e Red Hook.NY.1.2571. e OWNER'S PROJECT NO.W20807.02 PROJECT: Carnwath Farm Slope Stabilization Proiect,Phase 1 O NER'S CONTRACT NO, 15-017 CONTRACT FOR General Construction CLV You are.notified that the Contract Time under the above contract will commence to.run on July 14.,2016. As of that date ,you are to start perf6 niri your obligations under the Contract Documents. Contract time is:as follows; cm Substantial Completion: 45 days: Completion'September 16, 2016 Final Completion: 90 days: Comr iletion.Date:Noverr,ber 18,.2016 Before you may start any Work at the site,you mustcm .. e J.Provide a list of Contacts and.Emergency Contracts 00 2.Provide a list of Subcontractors and Suppliers JUL 2 00 - .3.Provide a Progress Schedule TOWN OF WAS The Town of Wappin (OWNER) Lori J'lava; Supervisor O:1Users\BGray\AppData\Loc [\Microsoft\WindowsiTemporary lntemet FHesTcntentJE5\0S5671R8\16 67 19 Notice to Proceed.doc Packet Pg.49 5.1.a TOWN OF WAPPINGER ZONING ADMINISTRATOR SUPERVISOR Barbara Roberti Ext. 128 :f Lori Jiava PLANNING BOARD&ZONING ; BOARD OF APPEALS SECRETARY til-' --- �� TOWN BOARD Bea ogunti—Ext 122 '. 1rr William H.Beale William CiccarelIi John Fenton ZONING DEPARTMENT Michael Kuzmicz 20 MIDDLE ALL ROAD ^ R n D WAPPINGERS FALLS,NY 12590 H"IE((�"IE�\v// 00 (845)297-1373 Ext.2 Fax(845)297-0579 www.townofwappinger.us AUG 04 2016 TOWN OF WAPPINGER To: Joseph Paoloni,Town Clerk TOWN CLERK U From: Barbara Roberti,Zoning AdministratrBonds Re: Schedule of Performance c& Mainter the month of CL August 2016 July 28,2016 PERFORMANCE BONDScm cm SUBDIVISION(Sub.) SECURED co SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS cm Hilltop Village-Toll Land.V Surety Bond $462,457.00 6/15/16 8/15/16. -reduction e #39B SBGG13 68 accepted b TB P Y 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) 9775180S 2/25/08 -Bond in effect until released by Town. Ridges Subdivision Letter of Credit $403,567.20 4/1/16 6/30/17 -accepted by the T: 3/28/16.Bond in effect for two years. 1 Packet Pg. 50 5.1.a 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 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. 00e Silver Fog Estates Subdivision L/C $ 85,623.75 6/14/2016 8/14/2016 -Accepted by TB Mid Hudson Holdings,LLC # on July 14, 2014 cm SITE PLAN RESTORATION BONDS Calvary Chapel of the H.V. Cash Deposit $ 41 600.00 *** ** -Accepted b TB on p � p Y February 24,2014. Released upon Resolution Approval W/signed maps cm Dunkin Donuts Cash Deposit $17,000.00 ******* -Accepted by TB on April 11,2016 cm Released upon CO Resolution Approval u w/signed maps cm Hilltop Village—Toll Bros. Cash Deposit $157,360.00 **** ** -Accepted by TB on00 (Toll Land V,Limited Partnership) May 28,2013. 00 Osborne Square Cash Deposit $2,000.00 -Accepted by TB on April 11,2016 Released upon Completion of Dumpsters Prestige Mini Cash Deposit $4,640.00 ******* -Accepted by TB on March 24,2014. Released upon Resolution Approval w/signed maps Cc: Planning Board Robert Gray Town Board Vincent Bettina Albert P.Roberts,Esq. File 2 Packet Pg. 51 � OQ 5.1.a STENGER ROBERTS DAVIS & DIAMOND LLP 1136 Route 9 Wappingers Fails,New York 12590 (845}298-2000 FAX(845)298-2842 Mrww.srddlaw:cbm e-mail:info@srddlaw.com August 1, 2016 ' e 00 Hon.Joseph P.Paoloni,Town Cierk Kenneth M.Stenger Town of tNappinger 20 Midd.lebush Road Albert P.Roberts Wappingers Fills, New York 12590 Thomas R.Davis Stephen E.Diamond* Re: Waiver and Hold Harmless Agreement Dear toe: CL a� Joan F.Garrett— In connection with the Quiet Acres repaving project, Roger Humeston of RGH James P.Horan*— Construction Co.:lnc,will be taking the millings at no cost to the Town. I am enclosing an lane.Lindars original Waiver and Hold Harmless Agreement signed by Mr.Humeston on,behalf of his corporation..Since this is an important document I thought it best that this be Darren H.Fairlie maintained in your office.Any other releasesshould also be filed in the same folder in Fred Clarke case there are any claims or lawsuits. I have sent a copy to Vinny and I have retained a Uj copy in my files. OF COUNSEL Very truly yours, Scott L.Volkman Karen MacNish STENGER, ROBERTS, DAVIS&DIAMOND, LLP 00 e Jessica J.Glass - 00 ,.µms ALBERT P.ROBERTS PARALEGALS Sandra A.Oakley 'APR/so, Dawn M.'Paino 'Eric. Dorothy A.1=ufill Christine M.Schnittert. cc: Town Board Rita Worthington Hon.Vincent F. Bettina, Highway Superintendent CLOSING COORDINATOR Marla i..Jones M �V l � 'ALSO ADI 77ED'N F!:B MA ..ALSO AMAITTED 4N OT ...ALSO ADMITED.iN NJ AJ u 01 Z 016 TOWN OF WAPPINL:4r . TOWN CLERK Packet Pg. 52 5.1.a WAIVER AND HOLD HARMLESS AGREEMENT This AGREEMENT is made this . f day of July,2016.,by and between RGH CONSTRUCTION CO INC. having an address of and TOWN OF WAPPINGER HIGHWAY DEPARTMENT with offices situated at 20 Middlebush Road Wappingers Fails,New York 12590 (hereinafter referred to as the"Highway Department") 00 e WITNESSETH WHEREAS,the HighwayDepartment is about.to undertake several paving and/or repaving projects of Town roads which will require the roads to be milled resulting`in miliings and/or shavings("Excess Materials") which.must be removed from the site prior to the commencement of paving; and CL WHEREAS,the undersigned has requested to pick-up these Excess Materials at the paving site for its own use and at its own cost and expense; and WHEREAS,such Excess Materials have not been tested for contaminants or hazardous materials and the.Town makes no representation as to the quality, composition cm and/or safety of such Excess Materials. cm NOW,THEREFORE.,in consideration of the Highway Department releasingco Excess Material to the undersigned at the Premises, it is hereby agreed as follows: 1. Recitations. The recitations above set forth are incorporatedin this Waiver and Hold Harmless Agreement as if fully set forth and adopted herein. cm e 2. indemnification and HoldHarmless. As a condition to the pick-up, 00 00e loading and/or delivery of Excess Materials by or to the undersigned,the undersigned. expressly agrees to indemnify, save and hold harmless the Town of Wappinger the Town of`Wappinger;Highway Department and all other departments of the Town,or any of its members, officers, agents, or employees from any and all claims or causes of action of any madeby any person or party for any reason whatsoever, and for any costs, damages and expenses, direct or indirect,incurred by the Town,,including:all professional and attorney's fees,expense's and disbursements resulting or accruing from any claim made against the Town the Towns HighDepartment or the Towns employees and/or the g a Highway De y p Town's professionals resulting from the loading,pick-up and/or delivery and use of the Excess Materials. Packet Pg. 53 . 5.1.a IN WITNESS WHEREOF,the undersigned has executed this Waiver and Hold Harmless Agreement as of the day and date first above written. RGI CONSTRUCTION CO. INC, '- . Roger Rumeston ;j, " e 00 STATE OF NEW YORK COUNTY OF DUTCHES'S )ss. cm On the `"�Aay of July,:2016,before me,the undersigned,personally appeared: ROGER HUMESTO own"to me or proved to me on the basis of satisfactory evidence CL to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument,the individual,or the person upon behalf of which the individual actedcm, e executed the instrument. cme LLj t Notary Public cmM ALBERT P.ROBERTS 00 CD €s4ary Public state of New York 00 - c.t2t �1a2 1CD ual€fled in Di'c;�ss Coo* mission ExplZ February28,20)-.D I c� Packet Pg. 54 C) Fire 1 1 p sr Report— Mark Liebermann PREVENTIONFIRE REPORT Date: August 1, 2016 Fo Dates from January 1, 2016 to August 1, 2016 Total Building Permits applications received. .66 ( P atl ►nal 1203's are a as err�at only and are,not given application ° 00 Total Building Permits issued. 48 cm Total Assembly bly Permits issued: 66 cs :. Total al , l's issueCL: lSearches completed: : 36 Total.Tickets, QTWS and Stop Work:0rdersIssued: 32 laintc ` e Total cc 'S occ tac t e It tre a r t : ° ExcelUj sheats withd6tailsvre available:of the following: Building Permits aP lice i tis received Building e i issue00d cm Assembly Permits issue ` li ° e 00 (co, CC, 1'aissue CO Searches.completed Break down of types of inspections an pes of permitsare available if required. as MCD c� AUG 02 2016 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 55 JULY 2016 r � MONTHLY REALTY TAX REPORT � C/ A B C D E F G H 2 RECEIVER OF TAXES 3 4 Begin. Book Balance $ 46,729.58 * Begin. Bank Balance $ 46,730.19 5 July Receipts $ 190,769.40 $ 190,769.40 6 Interest $ 5.58 $ 5.58 7 Less Disbursements $ (176,550.05) $. (176,550.05) 8 9 Ending Book Balance $ 60,954.51 * Ending Bank Balance $ 60,955.12 10 11 *.60 discrepancy due to bank error on 4/29 00 12 *.01 discrepancy due to bank error on 5/11 13 cm 14 0 15 Submitted by: 0 16 17 18CL 19 Lee Anne Freno, Receiver of Taxes cme cm cm 00 00 e I ° AUG 04 2016 0 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 56 JULY 2016 REALTY TAX RECEIPTS A B C D E F G H I J K 1 DATE AMOUNT BATCH TAX PENALTY MEMO NOTICE OVR/DUP INTEREST RETURNED 2 RECEIVED NO. FEE FEE IPAYMENT CHECK FEE 3 7/5/2016 $ 11,475.34 156 $ 11,033.97 $ 441.37 4 7/7/2016 $ 21,899.07 157 $ 21,052.76 $ 842.31 $ 4.00 5 7/8/2016 $ 73,670.93 158 $ 70,835.51 $ 2,833.42 $ 2.00 6 7/13/2016 $ 35,562.61 159 $ 34,185.19 $ 1,367.42 $ 10.00 7 7/13/2016 $ 550.00 $ 550.00 8 7/15/2016 $ 7,447.41 160 $ 7,157.14 $ 286.27 $ 4.OQ 9 7/20/2016 $ 10,357.02 161 $ 9,954.82 $ 398.20 $ 4.00 10 7/21/2016 $ 12,828.13 162 $ 12,332.83 $ 493.30 $ 2.00 11 7/26/2016 $ 10,705.51 163 $ 10,287.99 $ 411.52 $ 6.00 12 7/28/20016 $ 6,273.38 164 $ 6,026.33 $ 241.05 $ 6.00 13 7/31/2016 $ 5.58 5.58 00 1400 , 15 $ 190,774.98 $ 182,866.54 $ 7,314.86 $ 550.00 $ 38.00 $ 5.58 e 04 CL 04 04 LLj 04 00 00 8L e e e e u Packet Pg. 57 JULY 2016 REALTY TAX DISBURSEMENTS A B C D E F G H 1 2 DATE AMOUNT DCCF SUPERVISOR OVR/DUP CHECK NO. 3 DISBURSED PAYMENT 4 5 7/6/2016 $ 19,116.02 $ 19,116.02 penalty 1673 6 7/6/2016 $ 174.00 $ 174.00 memo fee 1674 7 7/6/2016 $ 20.00 $ 20.00 returned check fee 1676 8 7/6/2016 $ 86.07 $ 86.07 interest(May&June) 1675 9 7/7/2016 $ 46.64 $ 46.64 1677 pending 10 7/20/2016 $ 154,219.39 $ 154,219.39 1678 11 7/21/2016 $ 2,934.57 $ 2,934.57 1679 12 TOTALS $ 176,596.69 $ 154,219.39 $ 19,396.09 $ 2,981.21 00 13 $ (46.64) pending check no. 1677 14 $ 176,550.05 net disbursements cm 0 0 CLW 2 0 cme cm co cm 00 00 e ° ° 0 0 I Packet Pg. 58 JULY 2016 WATER/SEWER RECEIPTS A B C D E F 1 DATE AMOUNT 1#OF TRANSACTIONS 2 RECEIVED PROCESSED 3 4 7/5/2016 $ 5,863.05 30 5 7/5/2016 $ 17,065.78 86 6 7/6/2016 $ 13,589.33 49 7 7/7/2016 $ 996.69 3 8 7/7/2016 $ 6,184.50 29 9 7/7/2016 $ 6,481.23 32 10 7/8/2016 $ 687.13 4 11 7/8/2016 $ 17,366.33 92 00 12 7/12/2016 $ 21,400.56 108 13 7/12/2016 $ 1,575.86 11 04 14 7/12/2016 $ 12,957.27 60 0 15 7/14/2016 $ 7,684.31 44 0 16 7/14/2016 $ 12,724.22 70 17 7/15/2016 $ 539.60 3 0 18 7/15/2016 $ 2,145.54 10 CL 0 19 7/15/2016 $ 11,382.63 48 20 7/18/2016 $ 387.42 3 0 21 7/18/2016 $ 3,176.82 21 22 7/19/2016 $ 10,487.67 70 04 ' e 23 7/19/2016 $ 16,287.45 80 24 7/19/2016 $ 18,242.93 8504 Co 25 7/20/2016 $ 387.42 3 26 7/20/2016 $ 15 459.93 120 27 7/21/2016 $ 708.54 3 04 28 7/22/2016 $ 12,357.36 62 00 29 7/22/2016 $ 6,949.78 65 00 30 7/25/2016 $ 213.08 1 31 7/25/2016 $ 11,549.06 88 0 32 7/26/2016 $ 10,381.60 91 33 7/26/2016 $ 157.27 1 34 7/26/2016 $ 35,295.05 88 35 7/27/2016 $ 26,750.44 86 36 7/28/2016 $ 259.91 2 37 7/28/2016 $ 38,515.20 47 N38 1 39 TOTALS $ 346,210.96 1596 Packet Pg. 59 TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD RECREATION DIRECTOR WAPPINGERS FALLS,NY 12590 Jessica Fulton WWW.TOWNOFWAPPINGER.US RECREATION COMMITTEE CHAIR (845)297-4158-Main - Ralph Holt (845)297-0720-Direct (845)592-7433-Fax ~�n� i'f RECREATION SECRETARY Donna Lenhart Recreation Department MEMO TO: LORI JIAVA, TOWN SUPERVISOR WILLIAM BEALE, COUNCILMEMBER WILLIAM CICCARELLI, COUNCILMEMBER JOHN FENTON, COUNCILMEMBER co MICHAEL KUZMICZ, COUNCILMEMBER STEVE FRAZIER, SUPERVISOR OF BUILDINGS AND GROUNDS cm FROM: JESSICA FULTON, RECREATION DIRECTOR DATE: August 3,2016 SUBJECT: Community Day Staffing CL The Recreation Department is requesting the following staffing from the Buildings and Grounds Department: • 4 Buildings and Grounds staff members+ the Buildings and Grounds Supervisor for the e hours of 7AM-9:30PM cmCOe All staff members would be on hand for the duration of the event.This is a long day, but flus is the shift that has been worked by buildings and gTounds staff at.Community Day in the past. Thus �- staff would handle the setup, maintenance throughout the day, and clean up at Community Day. The majority of the manpower needed for this event is in the morning for set up and at night for cm co cleanup. The mid portion of the day when fewer staff members would be needed is the time of day coe when the crew would be rotating out for breaks. The total cost of this staffing would be $1,526.25 and it would be paid out of line A7110.199 We are requesting that the Town Board please approve thus staffing request. Having these staff members available on Co unity Day will go a long way in helping the event run smootl>ly. Jessica Fulton Recreation Director AUG 04 2016 TOWN OF WAPPINGER TOWN CLERK 1 Packet Pg. 60 9.1.a TOWN OF WAPPINGER, NEW YORK 31 FUND BALANCE POLICY 0 IL Year-end surpluses and fund balances are moneys that can provide a cushion or buffer that may be needed from time to time to operate without interruption or reduction in services. They provide a degree of stability and the resources to weather fluctuations in revenues and expenditures without severely impacting real property tax rates. Fund balances and adequate reserves should be managed and reviewed on a regular basis. In its evaluations of credit ratings, a formal fund balance policy is cited by all major rating agencies (Moody's, Standard& Poor's and Fitch) as a best management practice commonly used by better rated communities. Municipalities that adhere to a fund balance policy are viewed as being more pro-active and this reflects well on management, which in turn results in higher credit ratings and lower borrowing costs. A formal policy is an effective operating tool because it minimizes political concerns and keeps the Town more focused on achieving 0 structural balance. Auditors and financial advisors often note that fund balances are not replaceable through the budget process because of the legal requirement to develop balanced budgets for the general fund and the special revenue funds. The Town does face significant pressure on the revenue and expenditure sides of its budget, and therefore on its reserves. If surplus is depleted at the end of a fiscal year, it cannot be replaced unless during the ensuing fiscal year expenditures are less than amounts budgeted or non-tax revenues are higher than projected (or both). 0 In recognition of sound fiscal policy and in order to stabilize and possibly enhance the current credit rating of the Town, the Town will make all reasonable efforts to maintain an unassigned fund balance in its General Fund at the end of each fiscal year equal to no less than 10% of its total operating budget. Such unassigned fund balance will be exclusive of any reserve funds maintained by the Town. The Town believes that this is a reasonable amount of unassigned co fund balance to achieve at the end of each fiscal year as unanticipated events during the course of a year can have negative effects on non-tax revenues or expenditures, or both. If an emergency or a need were to occur that necessitated the appropriation of funds that would result in reducing the unassigned fund balance in the General Fund below 10% of operating expenditures, a separate resolution of the Town Board would be adopted to approve such 0 appropriation. Subsequent to such resolution, the Town would immediately begin the process of reducing expenditures or raising revenues in order to restore the unassigned fund balance in the 0 General Fund to 10% of operating expenditures. 0 Unassigned fund balance in the General Fund above 10% may be appropriated for the following purposes: To reduce the subsequent year's property taxes. For one-time capital expenditures. For emergencies caused by natural occurrences such as hurricanes or blizzards. U. This policy will remain in effect until the Town of Wappinger,by resolution, amends or revises it. isis Packet Pg. 61 9.6.a 8/4/2016 1:59 PM MEMORANDUM OF UNDERSTANDING FOR FEASIBILITY AND DUE DILIGENCE STUDIES TO BE CONDUCTED AT CARNWATH FARMS 0 This MEMORANDUM OF UNDERSTANDING made this day of as 2016, by and between 0 TOWN OF WAPPINGER a Municipal Corporation, with its principal office located at Town Hall, 0 20 Middlebush Road, Wappingers Falls, NY 12590 (hereinafter referred to as the "TOWN") 0 - and- co ERIK ANDERSON with an address at TYLER GRAHAM with an address at 127 Cooper Road Millerton, New York 12546, and SVEND LINDBACK with an address at 338 3' Avenue, Suite 1004 Brooklyn, New York 11215(hereinafter collectively referred to as "PRINCIPALS" and as nominees for a business entity to be formed). 0 WITNESSETH: 00 WHEREAS, the TOWN acquired a 99.5 +/- acre parcel of land located on Wheeler Hill Road in the Town of Wappinger by deed dated October 12, 2000 from Greystone Programs, Inc. w as Grantor, and the Town of Wappinger, as Grantee, which deed was recorded in the Dutchess C County Clerk's Office on October 18, 2000 at document number 02 2000 9421; and WHEREAS,the subject property is commonly known as "Carnwath Estate" and/or "Carnwath Farms"; and 0 E WHEREAS, located on Carnwath Farms are various buildings including a 19th century Italian Revival mansion, a carriage house constructed in the latter part of the 19th century, dormitory building and a large chapel constructed some time during the 1950s, and other related as buildings and detached structures in various states of repair and/or disrepair; and 1 Packet Pg. 62 9.6.a 8/4/2016 1:59 PM WHEREAS, the TOWN had made application to the County of Dutchess for a grant to defray the cost of purchasing Carnwath Farms through the Dutchess County Open Space and Farmland Protection Matching Grant Fund; and 0 WHEREAS, Dutchess County approved the grant in exchange for the TOWN executing °' a Conservation Easement Deed encumbering approximately 94 +/- acres of land (the "Protected Property"), but excluding from the Conservation Easement Deed approximately 6 acres of land 0 therefrom, which is referred to as the"Retained Property"; and 0 WHEREAS, the Protected Property and the Retained Property are more particularly co as shown on a Conservation Easement Map prepared by Paggi, Martin & Del Bene, lasted revised 6/13/2004, and filed in the Office of the Dutchess County Clerk on June 22, 2004 as Map No. 0 11698; and WHEREAS, the Protected Property was also designated as Park Land by Town Board 0 Resolution dated December 8, 2003; and 00 cm WHEREAS, the Retained Property contains all of the above-referenced buildings which cm are also depicted on Filed Map No. 11698; and co w WHEREAS, the TOWN has actively sought proposals to explore the development cm 'm potential of the Retained Property; and WHEREAS, the PRINCIPALS have agreed to investigate and undertake feasibility and as due diligence studies to determine the development potential of the Retained Property, including E the restoration and possible reconstruction of the buildings thereon, consistent with the original uses and historical heritage of Carnwath Farms. E as NOW, THEREFORE, in consideration of the feasibility and due diligence studies to be as undertaken by the PRINCIPALS at their own cost and expense, and upon compliance with the 2 Packet Pg. 63 9.6.a 8/4/2016 1:59 PM Three-Tiered feasibility and due diligence studies to be undertaken by the PRINCIPALS as hereinafter defined, the TOWN and the PRINCIPALS agree as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated E2 0 in this MEMORANDUM OF UNDERSTANDING (hereinafter the "MOU") as if fully set forth as and recited herein. S 2. Representations. The PRINCIPALS above-numerated represent they have an UJ0 extensive and broad range of business experience in the real estate and development field, real 0 estate promotion, beer micro-brewing industry, hospitality industry, and journalism fields. Uponco the terms hereinafter specified, and at their own cost and expense, the PRINCIPALS agree to undertake feasibility and due diligence studies to determine and maximize the development 0 potential of the Retained Property, including the buildings situate thereon consistent with the original uses and historical background of Carnwath Farms as a 19th century farm and equestrian 0 manor and to develop the property, consistent with that heritage, as a destination agri-tourism 00 business (the "Project"). 3. Purpose. The purpose of this MOU is to establish the standards pursuant to co UJ which the PRINCIPALS will undertake feasibility studies and due diligence investigations and to '4 establish milestones for the completion of the various feasibility and due diligence studies so that the same can be completed in an expeditious and orderly fashion. The feasibility and due as diligence studies will be conducted in three separate tiers with specified milestones and/or E accomplishments to be completed within each tier. As one group of milestones or accomplishments are met and completed within the timeframes hereinafter set forth, the E 4s PRINCIPALS will then be permitted to proceed to the next ensuing tier. Upon failure of the as PRINCIPALS to conclude any tier of studies, either party may terminate this MOU on thirty (30) 3 Packet Pg. 64 9.6.a 8/4/2016 1:59 PM days' notice to the other. The primary purpose herein is to provide the PRINCIPALS and the TOWN with standards and guidelines which will ultimately lead to a permanent business relationship in which the Retained Property will be leased, and concomitantly developed as an 0 agri-tourism business center. Consistent with the stated objectives herein, both parties agree to °' cooperate to the fullest extent practicable so as to permit the PRINCIPALS to undertake the 0 feasibility and due diligence studies in a prompt and timely manner. It is further understood that 0 the PRINCIPALS shall undertake all such feasibility and due diligence studies at their sole cost 0 and expense, upon on terms and conditions hereinafter set forth. The TOWN acknowledges that as co the feasibility and due diligence studies will be expensive, time consuming and costly to the PRINCIPALS, and, accordingly the TOWN agrees to cooperate to the fullest extent practicable 0 so that these studies can be concluded in a prompt and timely fashion. 4. Feasibility and Due Diligence Tests and Studies: Three-Tiered. 0 s� Tier 1 —Feasibility and Due Diligence Tests and Studies: 00 CM 4.1. Upon execution of this MOU and upon delivery of pre-paid insurance CM coverage as hereinafter provided, the PRINCIPALS, and their designated agents and consultants, co w shall have the right to conduct such feasibility and due diligence tests and studies, and CM 'M inspections as deemed necessary by the PRINCIPALS to determine whether the Retained Property and the buildings and related infrastructure thereon, will be adequate for the proposed as improvement and development of the Retained Property for the proposed agri-tourism business E above-described. It is understood that the PRINCIPALS will retain various consultants to assist in such tests, studies and inspections. The PRINCIPALS shall notify the TOWN in writing, and E as in advance, the names and addresses of any consultants they retain to conduct these tests and as 4 Packet Pg. 65 9.6.a 8/4/2016 1:59 PM studies. All consultants must provide the TOWN with proof of insurance coverage in the form and amount hereinafter set forth. 4.2. The TOWN agrees to deliver and make available all of its records of the 2 0 Retained Property, including surveys, plans, reports, documents, drawings and other materials as °' may be reasonably requested and needed by PRINCIPALS. Upon reasonable notice and upon 0 approval of the TOWN Supervisor, the TOWN shall also make available such TOWN officers, Ui0 employees or consultants to assist the PRINCIPALS in undertaking the aforementioned tests and 0 studies. co 4.3. At the conclusion of these Tier 1 feasibility tests and studies, the PRINCIPALS will present their findings in the form of a conceptual plan together with a 0 timeline for items to be completed by the parties to facilitate the conceptual plan. Both the PRINCIPALS and the TOWN agree that it may be necessary to negotiate an amendment to this MOU to implement the findings of the PRINCIPALS and to facilitate the next steps or 00 CM procedures to implement the development of the Retained Property and/or proceed to the Tier 2 CM tests and studies hereinafter set forth. co w 4.4. The parties agree that the PRINCIPALS shall have a period of 180 days to CM 'M conclude these Tier 1 feasibility and due diligence tests and studies. Tier 2—Additional Feasibility and Due Diligence Tests and Studies: as 4.5. Upon notice from the PRINCIPALS that they have satisfactorily E completed the Tier 1 feasibility and due diligence tests and studies as described above, the PRINCIPALS shall promptly proceed with the Tier 2 feasibility and due diligence tests and 0 as studies as hereinafter set forth. The PRINCIPALS and their designated agents shall be entitled to as full entry and access to the Retained Property, and the buildings located thereon, for the purposes 5 Packet Pg. 66 9.6.a 8/4/2016 1:59 PM of conducting surveying, engineering, property appraisal, Phase I and Phase II Environmental Audits, Environmental Assessments and such other similar field work including assessment of building structure and analysis which are consistent with and necessary for the proposed 0 development of the Retained Property as an agri-tourism business project. 4.6. The PRINCIPALS, their designated agents, contractors, consultants and 0 employees shall enter upon the Retained Property at their own risk and shall hold harmless and Ui0 indemnify the TOWN against any losses or causes of action arising from their exercise of access 0 to the Retained Property. As a condition of such exercise of right of entry, and due diligence co as investigations, which may require invasive structural analysis of the buildings and sub-surface excavation, the PRINCIPALS and their designated agents shall deliver to the TOWN the 0 required general liability insurance policy naming the TOWN as an additional insured certificate holder on a primary, non-contributory basis as hereinafter provided. All such insurance shall be provided by a carrier with the rating of no less than "A" as rated by A.M. Best Co. as hereinafter 00 set forth. 4.7. It is expressly understood that this Tier 2 feasibility and due diligence co w period will be designed to implement the conceptual plan developed during the Tier 1 feasibility '4 and due diligence period. The PRINCIPALS and the TOWN shall complete detailed responsibilities as set forth in the conceptual plan developed during Tier 1. The TOWN and the as PRINCIPALS acknowledge that this Tier 2 feasibility/due diligence period will require a E determination of real property tax assessments imposed against the proposed development, a E Procedure for implementing any necessary zoning changes, a procedure for obtaining site plan as approval (including special use permit approval, if necessary) for the development of the as Retained Property, agreement of a "term sheet" detailing the terms and conditions of any 6 Packet Pg. 67 9.6.a 8/4/2016 1:59 PM required leases for use of the Retained Property in order for the PRINCIPALS to proceed with the project. The PRINCIPALS and the TOWN acknowledge that the Retained Property and any buildings located thereon must remain the property of the TOWN, but notwithstanding the 0 foregoing, the parties contemplate that a long-term lease, up to 99 years, may be required for the °' PRINCIPALS to develop the Retained Property as an agri-tourism business as described above. 0 4.8. The parties agree that the PRINCIPALS shall have a period of 180 days to Ui0 conclude these Tier 2 feasibility and due diligence tests and studies. Tier 3 —Final Feasibility and Due Diligence Tests and Studies: co 4.9. Upon determination that the PRINCIPALS have satisfactorily completed the Tier 2 feasibility and due diligence tests and studies, the PRINCIPALS shall have an 0 additional 180 days to accomplish the following tasks: 4.9.1. PRINCIPALS will prepare formal documents for review, 0 examination and approval by the parties; the PRINCIPALS acknowledge that any long-term 00 CM lease or use of the Retained Property will require a formal Resolution by the Town Board subject CM to Permissive Referendum. co w 4.9.2. The TOWN agrees it will cooperate in good faith and promptly CM 'M review an formal documents submitted by the PRINCIPALS, consistent with New York State Law, with the understanding that the timely execution of formal documents is material to the as PRINCIPALS' ability to obtain financing for the project. The PRINCIPALS acknowledge that E only the Town Board can bind the TOWN to a final agreement for the use and development of the Retained Property as indicated above. The TOWN agrees to assist the PRINCIPALS in E as providing such information as may be needed for the PRINCIPALS to obtain financing for this as project whether it be from private investors or commercial lenders. 7 Packet Pg. 68 9.6.a 8/4/2016 1:59 PM 4.9.3. It is expressly understood that the PRINCIPALS must finalize all equity and debt capitalization activities and demonstrate their capacity to perform all financial obligations and aspects to implement the development of the project as contemplated herein. 0 5. Exclusivity. The Town Board acknowledges and understands that the as PRINCIPALS will be expending substantial financial resources to implement the 3-Tiered 0 feasibility and due diligence studies and activities described above which are necessary to bring Ui0 this project to fruition. In consideration of the expenditure of such funds, the TOWN agrees not 0 to authorize any other persons or entities to undertake feasibility and due diligence studies asco contemplated herein as long as the PRINCIPALS have fully complied with the terms and conditions of this MOU. In the event the TOWN receives inquiries from other third-parties who 0 may have an interest in developing the Retained Property, the TOWN will so notify the PRINCIPALS and give the PRINCIPALS the right to contact such parties to discuss their s� potential interest in development of the project. 00 CM 6. Duration. This MOU will remain in full force and effect as long as the CM PRINCIPALS proceed in good faith with all of the terms and obligations set forth in this MOU. co w This MOU shall terminate upon the execution of formal documents. CM 'M 7. Assignment. The PRINCIPALS herein shall have the right to assign this MOU to a corporation, limited liability company, or such other business entity as the PRINCIPALS as deem appropriate, on the condition that the PRINCIPALS have a controlling interest therein and E that such corporation, limited liability company, or business entity shall have sufficient financial resources to implement the provisions of this MOU. E 4s 8. Insurance. PRINCIPALS and their consultants shall secure and maintain during as the life of this MOU, including any guarantee period, the following coverages: 8 Packet Pg. 69 9.6.a 8/4/2016 1:59 PM Bodily Injury, Property Damage $2,000,000 per occurrence $2,000,000 aggregate Products and Completed Operations $2,000,000 2 0 Medical Payments $5,000 as Automobile Liability Insurance $1,000,000 0 Excess Liability Insurance $5,000,000 0 Worker's Compensation Insurance Statutory 8.1. The Commercial General Liability Policy shall include: co 8.1.1. Blanket Contractual; 8.1.2. Broad Form Property Damage; and 0 8.1.3. Fire Legal Liability. 8.2. Conditions: 0 a� 8.2.1. Town to be listed as additional named insured on a primary, non- 00 cm contributory basis; cm 8.2.2. Insurance to be provided by Carrier with a rating no less than "A" co w as rated by A.M. Best Co.; and cm 'm 8.2.3. All liability insurance written on an occurrence basis. 9. Indemnification. PRINCIPALS agree to defend, indemnify and save harmless 4) the TOWN from any and all suits, actions or causes of action of every kind, nature and E description brought against the TOWN for or on account of any injuries or damages received or sustained by any party or parties by, from or through the negligence of the PRINCIPALS, its E 4s officers, members, contractors, agents, employees or invitees. as 9 Packet Pg. 70 9.6.a 8/4/2016 1:59 PM 10. Notices. All notices required by this instrument must be in writing, and must be personally delivered or deposited in a mail receptacle maintained by the United States Postal Service. A mailed notice must be contained in an accurately addressed, sealed envelope, marked 0 for delivery by first class certified mail return receipt requested, with sufficient prepaid postage °' affixed thereto. Notices to TOWN and PRINCIPALS shall be addressed to their respective 0 addresses as set forth above, or to such other addresses as they may designate by notice given in Ui0 accordance with this paragraph and to either of their attorneys or as they may from time to time designate by notice given in accordance with this paragraph. Notice shall be deemed given andco received as of the date of its personal delivery or 3 days after the date of its mailing in accordance with this paragraph. 0 11. Applicable Laws. This MOU shall be construed in accordance with the laws of the State of New York, and constitutes the complete understanding and agreement of the 0 parties. 00 12. Modification. No change, modification, or waiver of any term of this MOU shall be valid unless it is in writing and signed by both parties. co w 13. Entire Agreement. This written MOU, when signed by both parties, forms the '1 entire agreement between the parties and replaces and supersedes all prior agreements or understandings between the parties. as 14. Waiver. No waiver of any breach of any condition of this MOU shall be E binding unless in writing and signed by the party waiving such breach. No such waiver shall in E2 any way affect any other term or condition of this MOU. E as 15. Successors and Assigns. This MOU shall apply to and bind the successors and as heirs, administrators and executors of the parties. 10 Packet Pg. 71 9.6.a 8/4/2016 1:59 PM 16. Schedules. All of the schedules and the annexed documentation hereto shall be deemed to be and the same are hereby made a part hereof. 17. Statutory Construction. This MOU shall be governed by, and construed and 0 enforced in accordance with, the laws of the State of New York and without the aid of any as canon, custom or rule of law requiring construction against the draftsman. All equipment, 0 structures and property authorized to be used pursuant to this MOU shall be used, operated, UJ0 maintained and repaired so as to be in compliance with all applicable statutes, laws, ordinances, 0 local laws, codes, rules and regulations of the Town of Wappinger or any other federal or state as co agency having jurisdiction thereof. 18. Effective Date. This MOU shall become effective immediately upon signature 0 by both parties. 19. Termination. Either party may terminate this MOU upon 180 days written 0 a� notice to the other. 00 20. Time Requirements. Any time requirements set forth herein may be extended by mutual agreement of the parties. co UJ IN WITNESS WHEREOF, the parties have each executed this Memorandum of '4 Understanding as of the date first set forth above. TOWN OF WAPPINGER By: Lori A. Jiava, Supervisor 2 0 0 Erik Anderson 11 Packet Pg. 72 9.6.a 8/4/2016 1:59 PM Tyler Graham 0 E Svend Lindback E as 0 C 0 00 CMe CD CM CM e C 8!i C 4- 0 C L 0 C 0 12 Packet Pg. 73 9.7.a N co BUS STOP SIGN AMENITIES INTER-MUNICIPAL AGREEMENT BETWEEN THE COUNTY OF DUTCHESS AND TOWN OF WAPPINGER co THIS AGREEMENT by and between the County of Dutchess, a municipal corporation co one of the counties of the State of New York, having its offices located at 22 Market Street Poughkeepsie, New York 12601, hereinafter referred to as the "County" and the TOWN OF 0. WAPPINGER, a municipal corporation of the State of New York, having its offices located at 20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "Municipality". co WHEREAS, Article IX (Local Governments) of the New York State Constitution, and Article 5-G Section 119-o of the General Municipal Law of the State of New York authorize municipalities of the State of New York to enter into inter-municipal agreements for the performance of cooperative activities; and WHEREAS, Section 5307 of Title 49, United States Code, provides federal assistance for public transportation in urbanized areas, to be administered by the Federal Transportation Administration; and c� WHEREAS, the County presently operates a public transit system, consisting of, among 0. other things, fixed routes throughout Dutchess County, including ingress and egress to the Municipality; and U. WHEREAS the County and the Municipality desire to enhance public transportation service and improve passenger safety and convenience through the installation of bus stop signs, shelters and other amenities within the Municipality. 0 NOW, THEREFORE, in consideration of the covenants herein set forth, it is mutually > agreed by and between the County and the Municipality as follows: 1. BUS STOP SIGNS, SHELTERS AND OTHER AMENITIES: From time to time, the County acquires bus stop signs, free standing bus shelters and other amenities of various types with Federal Transit Administration (FTA), New York State and County funds. Certain of those signs, shelters and other amenities shall be available to the Municipality through the Dutchess County Bus Stop Sign and Shelter Program (the Program) as hereinafter provided. E2 r_ 0 2. PROGRAM ATTACHED: A copy of the Program is attached hereto and made a part hereof as Exhibit"A". The Municipality agrees to comply with the Program, which 0 addresses details not addressed in this Agreement. The County may make changes to the Program from time to time. The Municipality, however, may refuse to accept those changes for signs, shelters and other amenities it received prior to the changes. The changes shall be mandatory only for signs, shelters and other amenities received after the changes were made. 0 3. SIGN, SHELTER AND AMENITY EQUIPMENT LEASE: From time to time, the Municipality will be advised of available signs, shelters and other amenities for which it may E 11490 Packet Pg. 74 9.7.a N CO apply. If the County approves that application, the Municipality shall, at its expense erect, maintain, and insure each sign, shelter or other amenity it receives pursuant to this Agreement. By this Agreement, the County leases to the Municipality and the Municipality leases from the County various signs, shelters and other amenities as herein provided. CO From time to time, the Municipality will be advised that certain transit-related amenities CO CO purchased by a Municipality may be reimbursable at a set rate determined by an existing state contract. The Municipality would get prior approval from the County, purchase the amenity and 0. submit reconciled payment documentation for reimbursement for the set rate per amenity. 4. NOTIFICATION AND DELIVERY: Within ninety (90) days of notification that CO its application for a sign and/or shelter or amenity has been accepted by the County, the Z Municipality shall erect such sign, shelter or amenity, in accordance with the manufacturer's guidelines, at a designated location within the Municipality. Such sign and/or shelter or amenity will be available for pick-up by the Municipality, at its expense, at the County's bus facility at 14 Commerce Street, Poughkeepsie, New York as the parties agree. If the sign, shelter or amenity has not been erected within ninety (90) days of notification, the County may withdraw its sign, shelter or amenity offer upon thirty (30) days written notice. 5. INSPECTION/MAINTENANCE FORM AND USEFUL LIFE. After the sign, shelter or other amenity has been erected by the Municipality, the Municipality shall inspect it z and issue an inspection/maintenance form if the sign, shelter or other amenity has been erected in 0. compliance with this Agreement and the Program. The Municipality shall obtain, at its expense, any and all permits or other authorizations that may be required to erect and maintain U. the signs, shelters or other amenity. The useful life for Program purposes of a Program sign is z ten (10)years and for a Program shelter is fifteen (15) years, measured from issuance of an 3: inspection/maintenance form. The useful life for an amenity shall be as the Program provides. After the useful life of a sign, shelter or other amenity has expired, the Municipality may 0 either, if it is no longer functional, remove and properly dispose of it, or if it is still functional, continue to maintain it. The Municipality shall notify the County when it intends to remove an > existing sign, shelter or other amenity. 6. MAINTENANCE: The Municipality shall maintain the sign, shelter or other amenity and keep them clean and in good repair at all times. Any damage due to weather, vandalism or other causes shall be promptly repaired or replaced at the expense of the Municipality. The Municipality shall submit an updated inspection/maintenance form annually. 7. SNOW AND ICE CONTROL. The Municipality shall remove all ice and snow r_ from any sign or amenity and from and about any shelter including its roof and sides promptly after any ice has formed and snow has ceased to fall and shall comply with all requirements in 0 connection therewith. E2 8. ADVERTISING: No advertising shall be placed upon, in or about any sign, shelter or other amenity without the consent of the County which the County may withhold in its sole discretion. 0 11490 Packet Pg. 75 9.7.a N co 9. EXISTING SIGN& SHELTER INVENTORY: Signs, shelters and other amenities within the Municipality previously provided by the County are described on Exhibit "B" by: nearest cross streets, sign, shelter or amenity number, last inspection date, maintenance dates, and if available, a certificate of completion date or first date of service. The Municipality co agrees to insure, maintain and dispose of those signs, shelters and other amenities in the same co manner as all others provided to it through the Program and this Agreement. The Municipality � shall provide the County with a copy of the Inventory once a year, in July of each year. IL 10. SIGN, SHELTER& OTHER AMENITY INVENTORY AFTER EXECUTION. The Municipality shall keep an inventory of all signs, shelters and other amenities provided to it by the County after execution of this Agreement with the same information as is required for z Exhibit `B". The Municipality shall provide the County with a copy of the Inventory once a year, in October of each year. 11. COUNTY VISUAL INSPECTION. Twice annually, or as necessary, the County will undertake a visual inspection of the signs, shelters and other amenities and will advise the Municipality of its observations. Promptly after receipt thereof, the Municipality shall correct any deficiencies noted therein and so advise the County. If the Municipality fails to correct any such deficiency, the County may upon ten (10) days written notice of its intention to do so, correct the deficiency, as appropriate, or remove and dispose of the shelter, sign or other amenity z all at the Municipality's expense. Notwithstanding the above, in an emergency the County may 0. take immediate action. U_ 12. ANNUAL REVIEW: During the first week of October, the Municipality shall a conduct an annual review of all Program signs, shelters and other amenities. It shall provide the 3: County with a copy of completed inspection/maintenance forms within twenty (20) days of its completion. 0 13. CHANGED CIRCUMSTANCES: If, as a result of a reduction or change in > service, a bus stop is removed from service or relocated, the Municipality shall promptly remove the sign, shelter or other amenity located at that stop and shall relocate the sign, shelter or other amenity as the County directs. 14. NOTICE. Any notice required or desired to be given or served by either party shall be deemed to have been given or served by either party to when made in writing and mailed, by certified or registered mail, postage pre-paid, addressed as follows: Municipality: Town of Wappinger 20 Middlebush Road 0 Wappingers Falls, NY 12590 County: Dutchess County Commissioner of Dept. of Public Works and Dutchess County Transit Administrator 626 Dutchess Turnpike 0 Poughkeepsie, NY 12603 11490 Packet Pg. 76 9.7.a N co The addresses may be changed from time to time by either party by serving notice. 15. RULES AND REGULATIONS. The Municipality agrees to abide by applicable federal and state laws and rules and regulations with respect to bus signs, shelters and other co amenities including but not limited to 49 USCA 5307(a)(2). The Municipality shall perform, co co using standards of care acceptable to the County and in strict compliance with all applicable federal, including but not limited to 49 USCA 5307(a)(2), state and local laws, regulations and procedures, these services required pursuant to this Agreement. 16. DEFENSE AND INDEMNIFICATION co GENERAL LIABILITY: For all matters other than those arising out of the z Municipality's professional services (such other matters commonly referred to as "General Liability Claims"), the Municipality agrees to the fullest extent permitted by law to defend, indemnify and hold the County and its employees harmless from any and all such losses, claims, liens, demands and causes for action, including but not limited to, judgments, penalties, interest, court costs, and legal fees incurred by the County on behalf of any party, in connection with or arising directly or indirectly from this Agreement. The Municipality shall investigate, handle, respond to and defend any such claims, demands or suits at his sole expense, and shall bear all other related costs and expenses even if such claims, demands or suits are groundless, false or fraudulent. This indemnification section shall survive the expiration or termination of this z Agreement. In any matter in which indemnification hereunder for either professional or non-professional services would violate Section 5-322.1 of the New York General Obligations Law or any other U. applicable legal prohibition, the foregoing provisions shall not be construed to indemnify the z County for damage arising out of bodily injury to persons or to property caused by or resulting 3: from the sole negligence of Dutchess County employees. The term "employee" shall include all officers, advisory board members and/or volunteers serving the County. 0 17. INSURANCE REQUIREMENTS. At all times during the term of this > Agreement, the Municipality and its sub contractors, if any, shall maintain at his own cost the following insurance and shall provide proof thereof to the County, in the form of a Certificate of Insurance, prior to commencing work under this Agreement: U. Worker's Compensation Employer's Liability (statutory limits). In compliance with the Workers' Compensation Law of the State of New York, each Municipality shall provide: a. a certificate of insurance on an Acord form indicating proof of coverage for Worker's Compensation, Employer's Liability, OR b. a New York State Workers Compensation Notice of Compliance (Form C-105, Form U- 0 26.3, Form SI-12 or Form SI-I05.2P). c. In the event that the sub contractor is exempt from providing coverage, he must provide a properly executed copy of the Certificate of Attestation of Exemption from NYS Workers' Compensation Board, Form CE-200. 0 Commercial General Liability Insurance coverage including blanket contractual coverage for the operation of the program under this Agreement with limits not less than $1,000,000 per 11490 Packet Pg. 77 9.7.a N co occurrence and $2,000,000 in the aggregate. This insurance shall be written on an occurrence coverage form and include bodily injury and property damage liability. The County must be listed as additional insured. The additional insured endorsement for the Commercial General Liability insurance required above shall not contain any exclusion for bodily injury or property co damage arising from completed operations. co co ca The Acord form certificate of insurance must contain the following provisions: 0. (A)The County of Dutchess must be listed as certificate holder and additional insured on the commercial general, umbrella/excess, and automobile liability policies. In addition, the commercial general liability policy must include the additional insured endorsement co forms cg 2037 July 2004 edition and the cg 2010 April 2013 edition or their equivalent. (B) The commercial general and automobile policies are primary and noncontributory. (C) The commercial general liability, auto liability and workers compensation policies must contain a waiver of subrogation in favor of the County of Dutchess. (D)The umbrella/excess policy is primary and noncontributory and must contain a waiver of subrogation in favor of the County of Dutchess. (E) If the workers compensation Notice of Compliance is used instead of the Acord certificate of insurance, the Notice of Compliance must indicate that a waiver of subrogation in favor of the County of Dutchess is provided. z FL All policies of insurance referred to above shall be underwritten by companies authorized to do business in the State of New York with an A.M. Best financial strength rating of A- or better. In 0 the alternative, the policies of insurance referred to above may be underwritten by Non-Admitted z companies with an A.M. Best financial strength rating of A+ or higher. In addition, every policy 3: required above shall be primary and noncontributory. Any insurance carried by the County, its officers, or its employees shall be excess and noncontributory insurance to that provided by the 0 Municipality. The Municipality and its sub contractor(s), if any, shall be solely responsible for any deductible losses under each of the policies required above. > Payment(s) to the Municipality may be suspended in the event the Municipality and his sub-Municipality(s), if any, fails to provide the required insurance documentation in a timely manner. Prior to cancellation or material change in any policy, a thirty (30) day notice shall be given to the County Attorney at the address listed below: Dutchess County Attorney County Office Building 22 Market Street r_ Poughkeepsie, New York 12601 0 On receipt of such notice, the County shall have the option to cancel this Agreement without further expense or liability to the County, or to require the Municipality to replace the cancelled insurance policy, or rectify any material change in the policy, so that the insurance coverage required by this paragraph is maintained continuously throughout the term of this Agreement in form and substance acceptable to the County. Failure of the Municipality to take out or to 0 maintain, or the taking out or the maintenance of any required insurance, shall not relieve the Municipality from any liability under this Agreement nor shall the insurance requirements be 11490 Packet Pg. 78 9.7.a N co construed to conflict with or to limit the obligations of the Municipality concerning indemnification. All losses of County property shall be adjusted with and made payable directly to the County. co All Certificates of Insurance shall be approved by the County's Director of Risk co co Management or designee prior to commencement of any work under this Agreement. In the event that claims in excess of these amounts are filed in connection with this 0.0. Agreement, the excess amount or any portion thereof may be withheld from payment due or to become due the Municipality until the Municipality furnishes such additional security as is determined necessary by the County. co 17. NON-DISCRIMINATION. No services to be rendered pursuant to, or in connection with, this Agreement may be refused to any person because of age, race, color, creed, sex, sexual orientation, national origin, disability or marital status Municipality shall take all affirmative steps necessary to ensure equal employment opportunities without discrimination because of age, race, creed, color, sex, sexual orientation, national origin, disability or marital status and to comply with all federal, state and local civil rights laws including, but not limited to, the Americans with Disabilities Act. w 18. RETENTION OF RECORDS. The Municipality agrees to maintain and have available for audit such records as may be required by the County New York State or United 0. States governmental agencies. These records shall be available for inspection by properly identified personnel of the above governmental agencies upon reasonable notice, and shall be U. maintained for a period of six (6) years after termination of this Agreement. z 19. TERM: This Agreement shall begin on October 1, 2015 and shall terminate on September 30, 2020. as Dated: APPROVED AS TO FORM: ACCEPTED : DUTCBESS COUNTY County Attorney's Office Marcus J. Molinaro, County Executive APPROVED AS TO CONTENT: TOWN OF WAPPINGER 0 0 Department of Public Works Barbara Gutzler, Town Supervisor 0 Public Transit E 11490 Packet Pg. 79 9.7.a M co EXHIBIT A DUTCHESS COUNTY co co TRANSIT AMENITIES PROGRAM co co Dutchess County has and is distributing bus stop signs, bus stop shelters, and other Z amenities for use throughout the County. The signs, shelters and other amenities are placed along fixed bus routes to identify the location as a bus stop and to offer shelter to passengers. Z These amenities are funded with Federal Transit Administration Section 5307, New York State, and/or County funds. All transit amenities are the property of Dutchess County; however, they are leased to, insured by, and in the care of the municipality in which they were erected. A municipality that wants a bus stop sign, shelter or other amenity must apply to the County for them. Upon award, Uj c� the municipality must enter into an intermunicipal agreement with the County (see sample intermunicipal agreement)to erect, maintain, and insure any bus stop sign, shelter or amenity it is to receive or has received from the County. Each municipality seeking a new award must do U. so even for existing bus stop signs and shelters, if they were previously provided by the County and there is now no intermunicipal agreement in place requiring the municipality to erect, 0 maintain and insure them. as Bus stop signs have a useful life of ten (10) years and shelters fifteen(15) years. The > Program will establish the useful life for amenities on a case by case basis. Some agreements will be ongoing as shelters and signs are replaced. Various factors are taken into consideration in establishing the bus stop location hierarchy. A primary consideration in establishing the location hierarchy is the number of boardings at each stop listed on the Dutchess County LOOP Bus Schedules. Stops that have a r- high number of boardings on average will be ranked higher than stops with a lower number of boardings. The demographics of the passengers using the stops will also be considered. If r- there are a high number of senior citizens or people with disabilities who may need to sit to wait for the bus, this will be factored in. Communities which enter into the intermunicipal agreement referenced above may also 0 receive, for bus stops that do not have a shelter, bus stop signs to be erected, maintained and E 11490 Packet Pg. 80 9.7.a M co insured by the municipality for designated bus stops listed on the LOOP fixed route bus schedule. The New York State Department of Transportation may assist in erecting signs and Ui shelters as needed. co co Dutchess County Public Transit (DCPT) manages the Bus Stop Sign and Shelter Program co and may in its discretion may make changes to the Program. DCPT will facilitate the delivery 0. and monitoring of bus stop signs and shelters. DCPT will also assist municipalities in erecting the shelters as needed. co 0 E2 a 0 0 r- E2 0 11490 Packet Pg. 81 9.7.a e LLJ LLJ IL EXHIBIT B ANNUAL EXISTING SIGN&SHELTER INVENTORY SIGN or AMENITY DATE OF LAST DATE OF LAST DATE OF CERT. SHELTER NEAREST CROSS STREET NUMBER INSPECTION MAINTENANCE COMPLETION IL t CL 4) LLJ IL O O O O Packet Pg. 82 9.8.a NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a 0 to PUBLIC HEARING on the 12th day of September, 2016, at 7:30 p.m. at the Town Hall, Town of 6 Z Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and 7@ citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger 0 shall adopt a proposed Local Law No. 5 of the Year 2016 entitled "TOWN OF WAPPINGER CODE REGULATING THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE 0 E UNIFORM CODE AND ENERGY CODE" and by the adoption thereof shall enact provisions governing the issuance of building permits, operating permits, certificates of occupancy, enforcing violations as well 0 as other aspects controlled by the New York State Uniform Building and Fire Prevention Code and the cm cm State Energy Code. cm PLEASE TAKE FURTHER NOTICE that the Town Board has determined that the enactment U" Baa of the aforementioned Local Law is a Type II action pursuant to Article 8 of the Environmental Conservation Law,Part 617 NYCRR(commonly known as "SEQRA")and pursuant to Chapter 117 of E the Code of the Town of Wappinger(the Town's Environmental Quality Review Law)which establishes locally designated Type I actions and is not subject to environmental review. 0 PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law are available for 0 review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall,20 Middlebush Road, Wappingers Falls,New York. cm Dated: August 8,2016 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P.PAOLONI, TOWN CLERK 0 0 F:\0)Chris\Local Laws\Local Law Filing\2016\Local Law 5\Notice of Public Hearing 2016 Uniform Code Amendments.docx Packet Pg. 83 9.8.b A Local Law entitled "Town of Wappinger Code Regulating the Administration and Enforcement of the New York State Uniform Code and Energy Code" BE IT ENACTED by the Town Board of the Town of Wappinger as follows: cm Section -L• LEGISLATIVE INTENT as (A) On April 6,2016, the Department of State published in the New York State Register a Notice of Adoption of Updated Provisions of the Uniform Fire Prevention and Building Code ("Uniform Code") which becomes effective October 6, 2016 which adopts the 2015 International Building Code, 2015 International Residential Code, 2015 d International Existing Building Code, 2015 International Fire Code, 2015 International z Plumbing Code, 2015 International Mechanical Code, 2015 International Fuel Gas cc Code, 2015 International Property Maintenance Code, and the 2016 Uniform Code @ Supplement. 0 (B) On April 6,2016, the Department of State published in the New York State Register a Notice of Adoption of Updated Provisions of the State Energy Conservation Construction Code ("Energy Code") which becomes effective October 6, 2016 which 0 adopted the 2015 International Energy Conservation Code, 2013 ASHRAE 90.1 and the E 2016 Energy Code Supplement. 0 (C) Since the Town Board of the Town of Wappinger enacted Local Law 10 of 2006 which created Chapter 85 of the Town Code to provide for the administration and enforcement of the New York State Uniform Code and Energy Code the New York Statecm cm Regulations governing the implementation of the Uniform Code have changed in several important respects. cmM co (D) In order to effectively implement, the current provisions of the Uniform Code and the Uj Energy Code and to insure compliance with the current State regulations the existing provisions of Chapter 85 of the Town Code shall be repealed and a new Chapter 85 00 shall be adopted in its place. Section -IL• REPEAL OF EXISTING CHAPTER 85 7@ U (A) The provisions of Chapter 85 of the Town Code which were created by Local Law 10 0 of 2006 are hereby repealed and will be superseded by a new Chapter 85 enacted herein. (B) Effect of Repeal. All permits, certificates, orders and authorizations issued prior to the effective date of this local law remain in full force and effect. All applications for building permits received after the effective date of this Local Law shall be processed in accordance with the provisions of this Local Law. C:AUsers\jpaoloni\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\601PQQG5\Draft Local Law 2016-08-03.docx Last Saved: 8/4/2016 14:25 Packet Pg. 84 9.8.b Section -III: ADOPTION OF NEW CHAPTER 85 A new Chapter 85 of the Town Code of the Town of Wappinger is hereby adopted to read as follows: "CHAPTER 85 BUILDING CONSTRUCTION—ADMINISTRATION OF NYS UNIFORM CODE '- §85-1 PURPOSE AND INTENT. (A) This Chapter provides for the administration and enforcement of the Uniform Fire to Prevention and Building Code (the Uniform Code) 19 NYCRR § 1219.1 in the Town of d Wappinger as required by New York Executive Law § 381. z 3 (B) This Chapter provides for the administration and enforcement of the State Energy Conservation Construction Code (the Energy Code) 19 NYCRR Part 1240 in the Town 0 of Wappinger as required by New York Executive Law § 381. (C) This Chapter incorporates the minimum features of a program for administration and enforcement of the Uniform Code as required by 19 NYCRR Part 1203. 0 43 E (D) This Chapter incorporates the Order to Remedy time periods specified in 19 NYCRR § 1203.5 in order to comply with the provisions of New York Executive Law § 382(2). as (E) This Chapter also confers upon the Code Enforcement Officer all authority granted to a Town Building Inspector by Town Law § 138. C4 (F) This Chapter is adopted pursuant to §10 of the Municipal Home Rule Law. co Ui §85-2 DEFINITIONS. (A) In this Chapter: 00 e (1) "Agricultural Building" shall mean a structure designed and constructed to house farm implements, hay, grain,poultry, livestock or other horticultural products, excluding any structure designed, constructed or used, in whole or in part, for human habitation, as a place of employment where agricultural products are processed, treated or packaged, or as a place used 0 by the public. (2) "Building Permit" shall mean a permit issued pursuant to §85-5. The term "Building Permit" shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this Chapter as well as a Demolition Permit. (3) "Certificate of Occupancy" shall mean a certificate issued pursuant to subdivision §85-8 of this Chapter. 2 Packet Pg. 85 9.8.b (4) "Change in Occupant Permit" shall mean a permit issued pursuant to §85- 13. (5) "Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to §85-3(A) of this Chapter. cm (6) "Code Enforcement Personnel" shall include the Code Enforcement Officer, the Fire Inspector, Deputy Fire Inspectors and all Inspectors. as (7) "Demolition Permit" a Building Permit issued for the demolition of all or a portion of a building. 0 d (8) "Deputy Fire Inspector" shall mean a Deputy Fire Inspector appointed pursuant to §85-3(C) of this Chapter. The Deputy Fire Inspector shall have all of the powers granted to the Fire Inspector under this Chapter. @ U 0 (9) "Energy Code" shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time. 19 NYCRR Part 1240. 0 4343 (10) "Fire Inspector" shall mean the Fire Inspector appointed pursuant to §85- E 3(C) of this Chapter. (11) "Inspector" shall mean an inspector appointed pursuant to §85-3(D) of this Chapter. cm (12) "Operating Permit" shall mean a permit issued pursuant to §85-11. The cm e term "Operating Permit" shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this Chapter. cm co (13) "Order to Remedy" shall mean an order issued by the Code Enforcement Officer pursuant to §85-17(A) of this Chapter. 00e (14) "Permit Holder" shall mean the Person to whom a Building Permit has been issued. cm 3 (15) "Person" shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, U association, or any other legal or commercial entity of any kind or description. E2 a (16) "Stop Work Order" shall mean an order issued pursuant to §85-7. as (17) "Town" shall mean the Town of Wappinger. (18) "Town Board" shall mean the Town Board of the Town of Wappinger. 3 Packet Pg. 86 9.8.b (19) "Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code pursuant to 19 NYCRR § 1219.1, as currently in effect and as hereafter amended from time to time. (B) If a word is not defined in this section, it shall have the meaning defined in the Uniform Code or Energy Code. C4 §85-3 CODE ENFORCEMENT OFFICER, FIRE INSPECTOR AND INSPECTORS. as (A) The public office of Code Enforcement Officer for the Town of Wappinger is hereby continued. The Code Enforcement Officer shall administer and enforce all the 0 provisions of the Uniform Code, the Energy Code, this Chapter and other provisions of d the Town of Wappinger Code. Code Enforcement Officers shall be appointed by the z Town Board. Code Enforcement Officers shall possess background experience related to building construction or fire prevention. The appointment shall be in accordance with @ the applicable NY Civil Service Law. 0 (B) In the event that no Code Enforcement Officers is able to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of 0 his or her appointment, exercise all powers and fulfill all duties conferred upon the E Code Enforcement Officer by this Chapter as permitted by NYS Executive Law and Title 19 of the New York Administrative Code. 0 (C) The public office of Fire Inspector established by Local Law 3 of 1983 is hereby continued. The Fire Inspector shall administer and enforce all the provisions of the Uniform Code, the Energy Code, this Chapter and other provisions of the Town of Wappinger Code. The Fire Inspector shall be appointed by the Town Board and the Town Board shall have the power to appoint such Deputy Fire Inspectors that it deems co Ui necessary. The Deputy Fire Inspector shall have all authority of the Fire Inspector but shall act under the direction of the Fire Inspector unless acting in his absence. The Fire Inspector shall possess background experience related to fire prevention. The 00 CD appointments shall be in accordance with the applicable NY Civil Service Law. (D) One or more Inspectors may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties @ conferred upon the Code Enforcement Officer by this Chapter. The appointment shall 0 be in accordance with the applicable NY Civil Service Law. (E) The compensation for the Code Enforcement Personnel shall be fixed from time to time by the Town Board of the Town as provided by law. (F) Qualifications, training and continuing education. Code Enforcement Personnel shall, within the time prescribed by law, obtain such basic training, in-service training, < advanced in-service training and other training required by the State of New York pursuant to Executive Law §376-a and any regulations promulgated thereunder, 4 Packet Pg. 87 9.8.b including but not limited to 19 NYCRR Part 1208. Inspectors shall complete and maintain a level of training appropriate to their specific duties. (1) Code Enforcement Officers appointed by the Town shall be certified and maintain their status as Certified Code Enforcement Officers pursuant to Fr- 19 NYCRR Part 1208. CM (2) Code Enforcement Personnel whose duties include only the inspection of existing buildings (i.e., fire and property maintenance inspections only), shall be certified and maintain their status as Certified Building Safety Inspector pursuant to 19 NYCRR Part 1208. to d (G) The Code Enforcement Officer shall have the following powers and duties: (1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy and Operating Permits, and the plans, 0 specifications and construction documents submitted with such applications; (2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy and Operating Permits, and to include in Building Permits Certificates of Occupancy and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be 0 appropriate; (3) to conduct construction inspections, inspections to be made prior to the CM issuance of Certificates of Occupancy, and Operating Permits, fire safety `M W and property maintenance inspections, inspections incidental to the CD CM investigation of complaints, and all other inspections required or permitted s under any provision of this Chapter; ua (4) to issue Stop Work Orders pursuant to §85-7; 00 CDe (5) to review and investigate complaints; CM (6) to issue compliance orders pursuant to §85-17(A); (7) to maintain records required by law; U (8) to collect fees as set by the Town Board of the Town; (9) to pursue administrative enforcement actions and proceedings; as (10) to exercise all authority granted to a Town Building Inspector by Town Law § 138 and other provisions of New York State Law; (11) to exercise all duties and powers conferred on the title by all other Chapters of the Town of Wappinger Code; 5 Packet Pg. 88 9.8.b (12) to inspect Town buildings and property, wherever located, and make reports to the Town Board about their condition whenever directed by the Town Board; (13) in consultation with the Attorney to the Town of Wappinger, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this Chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this Chapter; and (14) to exercise all other powers and fulfill all other duties conferred upon the to Code Enforcement Officer by this local law. 6 (H) Prohibited Conduct. No Code Enforcement Officer shall engage in any activity inconsistent with his duties or with the interests of the Town of Wappinger, nor shall he @ or she, during the term of his or her employment, be engaged directly or indirectly in 0 any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or in the preparation of plans or specifications thereof within the Town of Wappinger, except that this provision shall not prohibit any employee from such activities in connection with the construction of a E building or structure owned by him or her. §85-4 APPLICABILITY. (A) Except as otherwise provided in the Uniform Code, other state law, other state regulation, or the Town of Wappinger Code, all buildings, structures, and premises within the Town of Wappinger are subject to the provisions this Chapter. (B) All buildings, structures and premises owned by the Town of Wappinger, wherever co located, are subject to the provisions of this Chapter. §85-5 BUILDING PERMITS. 00e (A) Building Permits Required. Except as otherwise provided in subdivision (B) of this section, no Person shall construct, enlarge, alter, improve, remove, relocate or demolish C4 any building, structure, or any portion of a building or structure, or install any solid fuel cc burning heating appliance, chimney or flue without first having obtained a Building @ Permit from the Code Enforcement Officer. 0 (B) Exemptions. No Building Permit shall be required for work in any of the following E2 categories: a (1) construction or installation of one story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) without electric, heating or plumbing, which are used for tool and storage sheds,playhouses or similar uses,provided the gross floor area does not exceed 144 square feet(13.88 square meters); 6 Packet Pg. 89 9.8.b (2) installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses); (3) installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such CM pools are designed for a water depth of less than 24 inches and are installed entirely above ground; as (4) installation of fences which are not part of an enclosure surrounding a swimming pool; ,o d (5) construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids; 7@ (6) construction of temporary motion picture, television and theater stage sets 0 and scenery; (7) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses); 0 (8) installation of partitions or movable cases less than 5'-9" in height; (9) painting, wallpapering, tiling, carpeting, or other similar finish work; as (10) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; CM W CD (11) replacement of any equipment provided the replacement does not alter the CM CO equipment's listing or render it inconsistent with the equipment's original specifications; or (12) repairs,provided that such repairs do not involve: 00 CDe (a) the removal or cutting away of a loadbearing wall, partition, or CD portion thereof, or of any structural beam or load bearing M component; (b) the removal or change of any required means of egress, or the U rearrangement of parts of a structure in a manner which affects egress; (c) the enlargement, alteration, replacement or relocation of any building system; or (d) the removal from service of all or part of a fire protection system for any period of time. (C) Exempt work to Comply with Uniform Code. Notwithstanding the exemption from obtaining a building permit for work in any category set forth in subdivision (B) of this 7 Packet Pg. 90 9.8.b section, all construction work performed in the Town of Wappinger shall conform to the requirements of the Uniform Code or the Energy Code. (D) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is CM to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: La d (1) the tax map number and the street address of the premises where the work is to be performed; 7@ (2) the zoning district of the premises; 0 (3) the full name and address of the owner and the applicant, if different, and if a corporate entity, the name and address of the responsible officers. 4343 (4) a copy of the deed into the current owner of the property; E (5) a brief description of the proposed work; 0 (6) the estimated cost of the proposed work; CM (7) a statement of the proposed use(s) of all parts of the property as well as a CM e statement of the proposed uses or the proposed occupancy classification(s) for any affected building or structure; Ca co Ui (8) evidence that all proposed water supply and wastewater systems shall conform to the regulations of the New York State and Dutchess County e Departments of Health. 00 e (9) copies of any driveway or work permits required for any work performedCM within a public right of way issued by the appropriate jurisdiction as required by Chapter 111 of the Town of Wappinger Code or the regulations of New York State or the County of Dutchess as applicable; U (10) copies of any other necessary permits, licenses, approvals or other E2 authorizations from any other agency having jurisdiction over the work to be performed; E (11) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and (12) at least 2 sets of construction documents (drawings and/or specifications) which: 8 Packet Pg. 91 9.8.b (a) define the scope of the proposed work; (b) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (c) indicate with sufficient clarity and detail the nature and extent of the work proposed; CM (d) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (e) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any to existing or proposed well or septic system, the location of the 6 intended work, and the distances between the buildings and 3 structures and the lot lines. 7@ (13) a Certificate of Workers Compensation insurance (form C-105.2 or U-26.3 0 as applicable)if required. (E) Building Permits for New Foundations. Where the proposed work involves the construction of a new foundation, a Preliminary and an Interim Plot Plan based on a 0 recent survey certified by a licensed surveyor is required in addition to the application E information required by subdivision (D) above. 0 (1) Preliminary Plot Plan. The preliminary plot plan shall depict the following: (a) The boundaries of the property; CMCM e (b) the topography of the property with elevation contours at two-foot intervals; `M Cs (c) Lot line setback distances for any proposed structure, or addition; (d) proposed elevations for the foundation slab (lowest floor) and first floor; Q (e) Proposed grading and/or site disturbance; CM (f) Proposed methods of erosion and sediment control; (g) Proposed elevations for the wastewater system components; 0 (h) Setback distance from any proposed structure or addition to any wetland, stream or water body within 100 feet thereof, 2 a (i) Driveway location and setback from both property line(s) and any wetland, stream or water body within 100 feet thereof, (j) Location of proposed septic and well, related separation distance, and setback thereof from property line(s) and any wetland, stream or water body within 100 feet thereof or such other distance as may be set forth by the Dutchess County Health Department in its design approval; and 9 Packet Pg. 92 9.8.b (k) Any other information concerning either existing or proposed conditions identified as necessary for the particular project as determined by the Code Enforcement Officer. (2) Interim Plot Plan. After the construction of the foundation, an Interim Plot Plan must be submitted to confirm that foundation has been CM constructed in compliance with the proposed plot plan. The Code Enforcement Officer must approve the interim plot plan before further construction can proceed. The interim plot plan shall depict the following: (a) Foundation location and elevations; to (b) Driveway location and grades; d (c) Any deviations from the plot plan which was submitted as part of the application for building permit and approved by the Code Enforcement Officer in issuance of the building permit; and U (d) Any other information concerning constructed conditions identified as necessary by the Code Enforcement Officer. (F) Construction documents. Construction documents will not be accepted as part of an 0 application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (D) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by 0 the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at CM the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall CM not be construed as authorization to commence work, nor as an indication that a co Building Permit will be issued. Work shall not be commenced until and unless a Ui_ Building Permit is issued. 00 e (G) Demolition Permits. Applications for a Demolition Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be 3 performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended demolition work 0 complies with all applicable requirements of the Uniform Code and New York Law. The application shall include or be accompanied by the following information and documentation: as (1) the tax map number and the street address of the premises where the work is to be performed; (2) the full name and address of the owner and the applicant, if different, and if a corporate entity, the name and address of the responsible officers. 10 Packet Pg. 93 9.8.b (3) a copy of the deed into the current owner of the property; (4) a survey, showing the subject property prior to demolition. The building(s) to be demolished should be shaded. (5) a brief description of the proposed demolition work; CM (6) copies of any other necessary permits, licenses, approvals or other j authorizations from any other agency having jurisdiction over the work to be performed; (a) where applicable, include a site plan that shows any existing and to proposed buildings and structures on the site, the location of any z existing or proposed well or septic system, the location of the � intended work, and the distances between the buildings and structures and the lot lines. U 0 (7) a Certificate of Workers Compensation insurance (form C-105.2 or U-26.3 as applicable) covering demolition work at the subject site. 0 (8) a pre-demolition asbestos survey of the structures by a licensed asbestos E contractor, as required by New York State Department of Labor regulations, except for the following: (a) a one and two family dwellings where the owner is conducting the demolition work; (b) agricultural buildings; CM e (c) buildings or structures for which original construction commenced on or after January 1, 1974; or s Ui (d) a structure certified in writing to be structurally unsound by a licensed Professional Engineer, Registered Architect, Building Inspector, Fire Inspector or other official of competent jurisdiction. 00 Q e (9) Original letter from the public utility indicating that all gas and electric services to the building or structure to be demolished have been M cc disconnected or have not been installed. 7@ (10) Confirmation from the water and sewer system operator for the Town that 0 water and sewer services have been disconnected or have not been E2 installed. (11) Demolition work shall comply with the applicable provisions of the Uniform Code. (H) Waiver. The Code Enforcement Officer may waive the submission of any plan, document or plat that is not necessary to comply with the Uniform Code. The Code Enforcement Officer may not waive any filing fee. 11 Packet Pg. 94 9.8.b (I) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code and the Town of Wappinger Code. (J) Subjects not regulated by the Uniform Code. Where no applicable standards or requirements are set forth in the Uniform Code, or are contained within other laws, codes, regulations, ordinances or bylaws adopted by the Town of Wappinger compliance with applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards shall be deemed as prima facie to evidence of compliance with the intent of the Uniform Code. Nothing herein shall d Z derogate from the authority of the Code Enforcement Officer to determine compliance with codes or standards for those activities or installations within the Code Enforcement Officer's jurisdiction or responsibility. 7@ 0 (K) Matters not provided for. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by the Uniform Code shall be determined by the Code Enforcement Officer. E r- (L) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. 0 (M) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with C4 and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The co Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such 00 change is issued. (N) Duration of Permit. Building Permits shall become invalid unless the authorized work is commenced within six (6) months following the date of issuance. Building Permits shall expire twelve (12) months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon 0 application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer. (0) Revocation or suspension of Building Permits. If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that all work then completed is in compliance with all applicable 12 Packet Pg. 95 9.8.b provisions of the Uniform Code and the Energy Code and all future work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. (P) Reimbursement of professional review fees. If the Code Enforcement Officer determines that the services of an outside professional are required to review a building CM permit application, the Code Enforcement Officer is authorized to retain the services of such a professional consultant. The Code Enforcement Officer shall require the establishment of an escrow deposit in accordance with § 240-110(A)(3) of the Town Code to reimburse the Town for the professional review or inspection fees charged in connection with the review of the building permit application. to d (Q) Fee. The fee specified in or determined in accordance with the provisions set forth in §85-18 must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit. 0 §85-6 CONSTRUCTION INSPECTIONS. (A) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector 0 authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code E Enforcement Officer when any element of work described in subdivision (B) of this section is ready for inspection. 0 (B) Elements of work to be inspected. The following elements of the construction process shall be inspected made, where applicable: CM CM e (1) work site prior to the issuance of a Building Permit; CM M co (2) footing and foundation; Ui (3) preparation for concrete slab; 00 CD (4) framing; CD CM (5) building systems, including underground and rough-in; (6) fire resistant construction; U 0 (7) fire resistant penetrations; (8) solid fuel burning heating appliances, chimneys, flues or gas vents; as (9) Energy Code compliance; and (10) a final inspection after all work authorized by the Building Permit has been completed. 13 Packet Pg. 96 9.8.b (C) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, re-inspected, and found satisfactory as CM completed. (D) Fee. The fee specified in or determined in accordance with the provisions set forth in §85-18 of this Chapter must be paid prior to or at the time of each inspection performed pursuant to this section. La d §85-7 STOP WORK ORDERS. (A) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work 0 Order to halt: (1) any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, 0 without regard to whether such work is or is not work for which a E Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or 0 (2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether suchCM CM work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for CM such work, or co Baa (3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building 00 Permit that has become invalid, has expired, or has been suspended or revoked. CM (B) Content of Stop Work Orders. Stop Work Orders shall: 7@ (1) be in writing, 0 (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and E (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. (C) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, 14 Packet Pg. 97 9.8.b if the owner is not the Permit Holder, on the Permit Holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail; provided, however, that failure to serve any Person mentioned in this CM sentence shall not affect the efficacy of the Stop Work Order. (D) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other Person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the La Stop Work Order. d Z (E) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (a) of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution 0 for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under section 15 (Violations) of this Chapter or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. §85-8 Certificates of Occupancy 0 (A) Certificates of Occupancy required. It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure until a certificate of CM occupancy shall have been issued. CM (B) Certificates of Occupancy required for Work or Change of Use. A Certificate of co Occupancy shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or sub-classification of the Uniform Code to another. 00 Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy. M (C) As-built Drawings. No certificate of occupancy shall be issued except upon submission of a certified "as built" drawing showing compliance with the approved 0 Interim Plot Plan and Construction Documents. E2 (D) Issuance of Certificates of Occupancy. The Code Enforcement Officer shall issue a Certificate of Occupancy if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or sub-classification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer 15 Packet Pg. 98 9.8.b shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy: CM (1) a written statement of structural observations and/or a final report of special inspections, and (2) flood hazard certifications. La d (E) Contents of Certificates of Occupancy. A Certificate of Occupancy shall contain the following information: 7@ (1) the Building Permit number, if any; 0 (2) the date of issuance of the Building Permit, if any; (3) the name, address and tax map number of the property; 0- 43 (4) if the Certificate of Occupancy is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy is issued; as (5) the zoning district in which the structure is located; CM CMe (6) the use and occupancy classification of the structure under the Uniform Code and the Zoning Code; CM co (7) a certification from the Zoning Administrator that the structure complies ,a with the Zoning Code; 00e (8) the type of construction of the structure; CM (9) the assembly occupant load of the structure, if any; (10) if an automatic sprinkler system is provided, a notation as to whether the U sprinkler system is required; 0 (11) any special conditions imposed in connection with the issuance of the Building Permit; and (12) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy and the date of issuance. (F) Approvals Deemed Conditions of C of O. The details of any subdivision plat, site plan, special permit, variance or other approval by the Town Board, Planning Board or 16 Packet Pg. 99 9.8.b Zoning Board of Appeals and any conditions attached to such approval shall be deemed to be conditions of the Certificate of Occupancy even if they are not noted. (G) Escrow account for incomplete nonstructural improvements. A certificate of occupancy for any structure or use may be issued only upon full compliance with the provisions of this chapter and any other provisions of the Town Code relating to CM property use. (1) Notwithstanding the foregoing, in the case of a one or two-family residential structure and/or accessory building, a certificate of occupancy may be issued if the incomplete work is landscaping, ground stabilization, to lawn seeding or blacktop driveway apron and improvements are non- z safety-related. 3 cc (2) For multi-family and nonresidential structures or site uses, a certificate of occupancy may be issued if the only incomplete work is landscaping and 0 weather conditions do not permit the proper planting of vegetation. All other items to be completed, including, but not limited to, paving, curbing, sidewalks, lighting, grading, drainage or other improvements, shall not be subject to escrow provisions. For the purposes of this section, E "landscaping" shall mean lawn seeding and installation of plantings. (3) In those cases where a certificate of occupancy has been issued pursuant to 0 (1) and (2) above, the owner, or the owner's agent, shall establish an escrow account for the purposes of ensuring that the incomplete work will be completed in a timely fashion, and the issuance of the certificate of CM occupancy will be conditioned on all of the following: (a) The property owner, contractor or developer seeking the certificate CM of occupancy must post a cash or certified check deposit with the Ui Town of Wappinger to be held in escrow, in an amount equal to 200% of the cost required to complete the improvements necessary 00 to obtain the certificate of occupancy. As used in this subsection, the cost required to complete the improvements shall be the amount as determined by the Superintendent of Highways and/or CM the Engineer to the Town. (b) The escrow account may only be established between the dates of December 1 through April 1. All work required to obtain the 0 certificate of occupancy must be completed by June 1. _ E2 (c) The property owner, contractor or developer seeking the certificate of occupancy must submit a written agreement between the property owner, contractor or developer and the Town providing E for such incomplete work to be completed no later than June 1 following the issuance of the certificate of occupancy. If the incomplete work is not completed by June 1 or at such earlier date as may be specified by the Enforcement Officer, the Enforcement Officer may direct any independent third-party contractor to 17 Packet Pg. 100 9.8.b complete the work and authorize payment to the third-party contractor from the escrow funds deposited to guarantee that said work would be completed in a timely fashion. The owner of the property and/or the contract vendee must give written consent to permit any independent third-party contractor as well as the Code Enforcement Personnel to enter upon the property for the purposes CM of completing the required work and undertaking the necessary inspections. The owner and the contract vendee must further as execute a written document releasing the Town of Wappinger, or any of its Code Enforcement Personnel or other agents, from any claims or liability in connection with the work to be performed by to such independent third-party contractor. z 3 (4) If a certificate of occupancy has been issued pursuant to this section and the required improvements are not completed within the time frames 7@ described above, the property owner shall be liable for civil penalties imposed pursuant to § 85-14. (H) Revocation or suspension of erroneous certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy was issued in error because of incorrect, E inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall 0 revoke or suspend such certificate. (I) Fee. The fee specified in or determined in accordance with the provisions set forth in §85-18 must be paid at the time of submission of an application for a Certificate of Occupancy. CM coe §85-9 NOTIFICATION REGARDING FIRE OR EXPLOSION. The chief of any fire department providing firefighting services for a property within the Town 00e of Wappinger shall promptly notify the Code Enforcement Officer of any fire or explosion e involving any structural damage, fuel burning appliance, chimney or gas vent or open burning. CM §85-10 UNSAFE BUILDING AND STRUCTURES (A) The Code Enforcement Officers or the Fire Inspector are hereby authorized to declare U any building or structure unsafe due to neglect, fire, catastrophe, weather-related conditions, or acts of God and to further declare that such building or structure is unsafe E2 and unfit for human occupancy or habitation. a (B) In addition to the remedies and provisions set forth in this chapter, Code Enforcement E Officers or the Fire Inspector are authorized by the Town Board to enforce the provisions of Chapter 93 of the Town Code entitled"Unsafe Buildings." 18 Packet Pg. 101 9.8.b (C) Upon a determination that a building is unsafe, the Code Enforcement Officer or the Fire Inspector shall post the building or structure, and such posting shall prohibit use, habitation or occupancy by the general public. (D) The Code Enforcement Officer or the Fire Inspector shall notify the Town Board and Fr- the property owner in accordance with the provisions of Chapter 93, Unsafe Buildings, CM and otherwise follow the procedures set forth in Chapter 93. (E) Whenever a building or structure is posted pursuant to Chapter 93 of the Town Code or under the provisions of the Uniform Code, no person shall enter, use or occupy said building or structure without written authorization from an Enforcement Officer. to d §85-11 OPERATING PERMITS. (A) Operation Permits Required. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below: 0 (1) manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and 0 incorporated by reference in 19 NYCRR section 1225.1; E (2) hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling; CM (3) use of pyrotechnic devices in assembly occupancies; CM CD (4) buildings containing any assembly occupancies with an occupant load of CM 50 persons or more; co (5) amusement buildings; 00e CD (6) auto detailing shops; CM (7) aviation facilitates; (8) barber shops and beauty parlors; 0 (9) buildings with automatic fire-extinguishing/suppression systems; E2 (10) building with fire alarm & detection system; as (11) buildings that store liquid or gas fueled equipment; (12) day care centers not regulated by OFPC (13) dry cleaning operations; 19 Packet Pg. 102 9.8.b (14) gasoline stations; (15) elevators; (16) high-hazard occupancies (ICC Building Code Group H); CM (17) high-piled storage; as (18) institutional occupancies (ICC Building Code Group I); (19) junkyards; to (20) LP-gas storage; Z 3 cc (21) lumber yards; 7@ U (22) multiple residential occupancies (ICC Building Code Uses R-1, R-2, R-4); (23) multi-tenant office buildings; 0 (24) nail salons; E (25) private fire hydrants; 0 (26) private schools (27) repair garages; CM CM e (28) rooftop heliports; CM M co (29) standpipe systems; (30) storage of tires and tire byproducts; 00 CD (31) temporary membrane structures and tents; and CM (32) woodworking plants (B) Operation Permits Required before Operation. Any person who proposes to U undertake any activity or to operate any type of building listed in this subdivision shall be required to obtain an Operating Permit prior to commencing such activity or operation. (C) Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Fire Inspector or Code Enforcement Officer. Such application shall include such information as the Fire Inspector or Code Enforcement Officer deems sufficient to permit a determination by the Fire Inspector or Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Fire Inspector or Code 20 Packet Pg. 103 9.8.b Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Fire Inspector or Code Enforcement Officer, at the expense of the applicant. (D) Inspections. The Fire Inspector, Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit. as (E) Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Fire Inspector or La Code Enforcement Officer may require a separate Operating Permit for each such z activity, or the Fire Inspector or Code Enforcement Officer may, in his or her 3 discretion, issue a single Operating Permit to apply to all such activities. 7@ (F) Duration of Operating Permits. Operating permits shall have a duration of one year 0 except operating permits for pyrotechnic displays in assembly occupancies shall be limited to 30 days. (G) Revocation or suspension of Operating Permits. If the Fire Inspector or Code 0 Enforcement Officer determines that any activity or building for which an Operating E Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended upon notice to the owner and/or 0 occupant of the property. (H) Fee. The fee specified in or determined in accordance with the provisions set forth in §85-18 must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. M co §85-12 FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS (A) Inspections required. Fire safety and property maintenance inspections of buildings 00 and structures shall be performed by the Fire Inspector, Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals: C4 (1) Fire safety and property maintenance inspections of buildings or structures which contain any assembly occupancies with an occupant load of 50 7@ persons or more shall be performed at least once every twelve (12) 0 months. (2) Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every twelve(12) months. E (3) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision, and all non- residential buildings, structures, uses and occupancies not included in 21 Packet Pg. 104 9.8.b paragraphs (1) or (2) of this subdivision, shall be performed at least once every thirty-six (36) months. (4) Agricultural buildings used directly and solely for agricultural purposes are not subject to fire-safety inspection. CD CM (B) Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Fire Inspector, Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon: La d (1) the request of the owner of the property to be inspected or an authorized agent of such owner; 7@ (2) receipt by the Fire Inspector or Code Enforcement Officer of a written 0 statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Fire Inspector or Code Enforcement Officer of any other 0 information, reasonably believed by the Fire Inspector or Code E Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; (4) provided, however, that nothing in this subdivision shall be construed as CM permitting an inspection under any circumstances under which a court `M order or warrant permitting such inspection is required, unless such court CM order or warrant shall have been obtained. w (C) OFPC Inspections. Nothing in this section or in any other provision of this Chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York 00 State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law section 156-e and Education Law section 807-b. CD Notwithstanding any other provision of this section to the contrary: CM (1) the Fire Inspector or Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a building or structure 0 which contains an area of public assembly if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every twelve (12) months; (2) the Fire Inspector or Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs fire safety and property < maintenance inspections of such building or structure at least once every twelve(12) months; 22 Packet Pg. 105 9.8.b (3) the Fire Inspector or Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a multiple dwelling not included in paragraphs (1) or (2) of subdivision (a) of this section if OFPC performs fire safety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in paragraph (3) of subdivision (a) of this section; and CM (4) the Fire Inspector or Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a non-residential building, structure, use or occupancy not included in paragraphs (1) or (2) of subdivision (A) of this section if OFPC performs fire safety and property maintenance inspections of such non-residential building, structure, use or d Z occupancy at intervals not exceeding the interval specified in paragraph (3) of subdivision (a) of this section.] 7@ U (D) Fee. The fee specified in or determined in accordance with the provisions set forth in 0 §85-18 must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC. 0 §85-13 CHANGE OF OCCUPANT IN NON-RESIDENTIAL BUILDING r_ (A) Whenever there is a change in occupant in a nonresidential structure, or portion thereof, a Change of Occupant Permit is required. Such permit shall be obtained by the owner, 0 the occupant or their agent prior to occupancy by the new occupant. The Change in Occupant application shall include: CM CM (1) the tax map number and the street address of the premises where the work is to be performed; CM M co (2) the full name and address of the owner and the applicant, if different, and Uj if a corporate entity, the name and address of the responsible officers. 00e (3) a copy of the deed into the current owner of the property; (4) the name of the new occupant; CM (5) a brief description of the proposed occupancy and use; U (6) the hours of operation; (7) a statement of whether or not the business is open to the public; (8) a plan of the area to be occupied and the location of any outdoor storage; (9) a description of any work to be done; and (10) copies of any necessary permits, licenses, approvals or other authorizations required to conduct the business. 23 Packet Pg. 106 9.8.b (B) Where there is no change in the type of use under the Uniform Code, and no work is being done for which a building permit is required, a Change of Occupant application shall be submitted prior to occupancy. (C) Where there is no change in the type of use under the Uniform Code, but renovation work is proposed which requires a building permit, a Change of Occupant Permit shall C4 be applied for in addition to the building permit. (D) Where there is a change in use that requires Site Plan Approval, a Change of Occupancy Permit shall be applied for at the time of Site Plan Approval. La (E) Fee. The fee specified in or determined in accordance with the provisions set forth in d §85-18 must be paid at the time of submission of an application for a Change of z Occupant. 7@ §85-14 COMPLAINTS (A) The Code Enforcement Officer or Fire Inspector shall review and investigate bona fide complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this Chapter, or any other local law 0 or regulation adopted for administration and enforcement of the Uniform Code or the E Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer or Fire Inspector may deem to be 0 appropriate: (1) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (2) if a violation is found to exist, providing the owner of the affected co property and any other Person who may be responsible for the violation Ui with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 15 00 (Violations) of this Chapter; (3) if appropriate, issuing a Stop Work Order; (4) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, U preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. §85-15 RECORD KEEPING. (A) The Code Enforcement Officer and Fire Inspector shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of: (1) all applications received, reviewed and approved or denied; 24 Packet Pg. 107 9.8.b (2) all plans, specifications and construction documents approved; (3) all Building Permits, Certificates of Occupancy, Stop Work Orders, and Operating Permits issued; (4) all inspections and tests performed; (5) all statements and reports issued; j as (6) all complaints received; (7) all investigations conducted; to d (8) all other features and activities specified in or contemplated by sections 4 through 12, inclusive, of this Chapter, including; and 7@ U (9) all fees charged and collected. (B) All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or 0 appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. §85-16 PROGRAM REVIEW AND REPORTING 0 as (A) The Code Enforcement Officer shall annually submit to the Town Board a written report and summary of all business conducted by the Code Enforcement Officer and the C4 Inspectors, including a report and summary of all transactions and activities described in §85-15 and a report and summary of all appeals or litigation pending or concluded. C4 coe Ui (B) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of Town of Wappinger on a form prescribed by the Secretary of State, a report of the activities of Town of Wappinger relative to administration and enforcement of the 00 Uniform Code. (C) The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials Town of Wappinger is required to maintain, excerpts, summaries tabulations, statistics and other information and accounts of the activities of Town of 0 Wappinger in connection with administration and enforcement of the Uniform Code. §85-17 VIOLATIONS (A) Orders to Remedy (1) The Code Enforcement Officer or Fire Inspector is authorized to order in writing the remedying of any condition or activity found to exist in, on or 25 Packet Pg. 108 9.8.b about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law. An Order to Remedy shall: (a) be in writing; (b) be dated and signed by the Code Enforcement Officer; Fr- CD (c) specify the condition or activity that violates the Uniform Code, CM the Energy Code, or this Chapter; (d) specify the provision or provisions of the Uniform Code, the Energy Code, or this Chapter which is/are violated by the specified condition or activity; and shall include a statement substantially La similar to the following: 6 (i) "The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to Remedy by U [specify date], which is thirty (30) days after the date of this Order to Remedy." (2) The Order to Remedy may include provisions ordering the person or entity 0 served with such Order to Remedy: (a) to begin to remedy the violations described in the Order to Remedy immediately, or within some other specified period of time which 0 may be less than thirty (30) days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within CM thirty (30) days of the date of such Order to Remedy; and/or (b) to take such other protective actions (such as vacating the buildingCM co or barricading the area where the violations exist) which are authorized by this local law or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code 00 Enforcement Officer may deem appropriate, during the period e while such violations are being remedied. CM (3) The Code Enforcement Officer or Fire Inspector shall cause the Order to Remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five (5) U days after the date of the Order to Remedy. E2 (4) The Code Enforcement Officer or Fire Inspector shall be permitted, but not required, to cause the Order to Remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction E superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy; provided, however, that failure to serve any Person 26 Packet Pg. 109 9.8.b mentioned in this sentence shall not affect the efficacy of the Compliance Order. (B) Enforcement under Criminal Procedure Law. A violation of any provision of this Chapter shall be deemed an offense under the Penal Law and prosecution of said offense shall be in accordance with the Criminal Procedure Law of the State of New CM York. (1) Appearance Tickets. The Code Enforcement Officer, the Fire Inspector, Deputy Fire Inspector and each Inspector are authorized to issue appearance tickets pursuant to Criminal Procedure Law §150.20 for any to violation of this Chapter or of Article 18 of the New York State Executive z Law. 3 (2) Penalty. A violation of any provision of this Chapter shall be deemed an offense punishable by: 0 (a) A fine as set forth in Chapter 122, Article V, § 122-2013, of the Code for a first offense; (b) A fine as set forth in Chapter 122, Article V, § 122-2013, of the 0 Code or a period of imprisonment not to exceed 15 days for a E second offense, committed within 5 years of a conviction under this chapter; 0 (c) A fine as set forth in Chapter 122, Article V, § 122-2013, of the Code or a period of imprisonment of not less than 30 days and not exceeding six months for a third and any subsequent offense, CM committed within 5 years of prior convictions under this chapter. Q CMM (3) Each day's violation shall be deemed a separate offense. CO (C) Civil Penalties. Every person violating any provision of this Chapter shall be subject to a civil penalty: 00 e (1) For the first offense— a civil penalty in a minimum amount of$100.00 and CM a maximum amount of$1,000.00; (2) For the second and subsequent offenses committed within 5 years of a prior conviction under this Chapter— a civil penalty in a minimum amount 0 of$500.00 and a maximum amount of$5,000.00; and (3) Each day's violation shall be deemed a separate offense. as (4) The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of Town of Wappinger in a court of competent jurisdiction. 27 Packet Pg. 110 9.8.b (D) Injunctive Relief. An action or proceeding may be instituted in the name of Town of Wappinger in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this Chapter, or any term or condition of any Building Permit, Certificate of Occupancy, Stop Work Order, Operating Permit, Compliance Order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this CM Chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy as Code, this Chapter, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this Chapter, an action or proceeding may be commenced in the name of Town of Wappinger in the Supreme Court or in any to other court having the requisite jurisdiction, to obtain an order directing the removal of 6 the building or structure or an abatement of the condition in violation of such � provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Board. U (E) Remedies Not Exclusive. (1) No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in §85-7 Stop Work Orders, in any 0 other section of this Chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or CM penalty specified in this section, in §85-7 Stop Work Orders, in any other section of this Chapter, or in any other applicable law. CM co (2) Action under NY Executive Law §382. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties 00 specified in subdivision (2) of section 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, CM whether prior to, simultaneously with, or after the pursuit of any penalty � specified in subdivision (2) of section 382 of the Executive Law. 7@ U §85-18 FEES The fees payable under this Chapter shall be governed by the schedule set forth in Charter 122, 2 Article IV, § 122-16, of the Code of the Town of Wappinger as it may be amended from time to a time. E §85-19 APPEALS AND VARIANCES. Appeals to Regional Board of Review. Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of the Uniform Code, applications for variances may be made to the Regional Board of Review in accordance with Part 28 Packet Pg. 111 9.8.b 440 of Title 19 of the New York Code of Rules and Regulations. Whenever it is claimed that the Code Enforcement Officer misconstrued the Uniform Code in approving or disapproving any application or granting or refusing to grant any permit or certificate of code compliance, the person affected may appeal from the decision of the Code Enforcement Officer to the Regional Board of Review in accordance with Part 440 of 19 NYCRR. Appeals from provisions of the Multiple Residence Law, in accordance with § 325 of that law, may also be made to a Regional C4 Board of Review. §85-20 INTERMUNICIPAL AGREEMENTS The Town Board may adopt a resolution to enter into an agreement with other governments to carry out the terms of this Chapter,provided that such agreement does not violate any provision to of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other z applicable law. §85-21 FIRE PREVENTION BUREAU U 0 (A) The Bureau of Fire Prevention of the Town of Wappinger created by Local Law 1 of 1974 as amended by Local Law 4 of 1981, Local Law 3 of 1983 and Local Law 10 of 2006 is hereby continued. 0- (B) The Bureau shall consist of eight members: two members from each of the fire districts in the Town of Wappinger plus a Code Enforcement Officer, or his designee, and the Town Fire Inspector, or his designee. The members from each of the fire districts shall 0 be active fire fighters who shall be designated by their respective District Board of Fire Commissioners and approved by the Town Board of the Town of Wappinger. The term of office of each fire district member shall be two years. Any vacancy shall be filled for C4 the balance of the term. M (C) Duties and Powers of Bureau of Fire Prevention. co Ui W (1) The Planning Board, the Zoning Board and Code Enforcement Officers may refer land use applications in the Town of Wappinger referred to the 00 Bureau of Fire Prevention to make recommendations as to: (a) The minimum acceptable width of roads used as access or egress for fire apparatus to apartments, commercial or general business buildings or shopping area complexes; @ U (b) Hydrant locations in apartments, commercial or general business buildings or shopping area complexes; (c) Access to the hydrants and availability of fire lanes to and adjacent to apartments, commercial or general business buildings or shopping area complexes; and (d) Other aspects of the application related to fire safety. (2) In consultation with the Town Board, require the inspection of all hydrants installed within the Town of Wappinger,privately or publicly owned; 29 Packet Pg. 112 9.8.b (3) In consultation with the Town Board, create a schedule of periodic testing for all hydrants within the Town. (D) All hydrants in the Town of Wappinger shall be maintained in an operable condition and shall meet minimum ISO fire flow standards for residences, and they shall be clearly marked in all weather and kept accessible for Fire Department use by the C4 owners. §85-22 LIABILITY. (A) The Town of Wappinger assumes no responsibility or liability for the failure of any to Code Enforcement Officer to make any inspections otherwise required by this chapter. d z (B) The Town of Wappinger assumes no responsibility or liability of its agents, servants or employees, including any Enforcement Officer, for any damages that may occur as a @ result of an improper or negligent inspection or the issuance of any permit issued 0 pursuant to the provisions of this chapter. §85-23 INTERMUNICIPAL AGREEMENT. 0 The Town Board may adopt a resolution to enter into an agreement with other governments to E carry out the terms of this Chapter,provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. 0 as §85-24 PARTIAL INVALIDITY If any section of this Chapter shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this Chapter. s w §85-25 INTERPRETATION OF OTHER CONFLICTING CODE PROVISIONS The provisions of this Chapter are intended to control with respect to issues governed by the 00 New York State Uniform Code. Whenever the requirements of this Chapter are inconsistent with the requirements of any other lawfully adopted rules, regulations, ordinances or local laws pertaining to the implementation of the Uniform Code and the Energy Code by the Town of 3 cc Wappinger, the provisions of this Chapter shall govern. 7@ U §85-26 EFFECTIVE DATE 0 This Chapter shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. Section -IV: REVISIONS TO 240-108 Chapter 240, Article XII, § 240-108 of the Town of Wappinger Code shall be amended to read as follows: § 240-108 Building permits. 30 Packet Pg. 113 9.8.b (A) Building Permits shall be issued in accordance with § 85-5 of the Town Code. (B) General rule. No building or structure shall be erected, constructed, enlarged, structurally altered or moved until a permit therefor has been issued by the Code Enforcement Officer. Except upon a written authorization of the Board of Appeals, no building permit or certificate of occupancy shall be issued for any building where said CM erection, construction, enlargement, addition, alteration or moving thereof would be in violation of any of the provisions of this chapter. as (C) No building permit shall be issued unless the lot on which the proposed structure or use is located has frontage in accordance with § 240-20 herein. La d Section -V: REVISIONS TO 240-109 Chapter 240, Article XII, § 240-109 of the Town of Wappinger Code shall be amended to read as follows: 0 § 240-109 Certificate of occupancy. (A) Certificates of Occupancy shall be issued in accordance with § 85-8 of the Town Code. 0 E (B) General rule. It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure until a certificate of occupancy shall have been issued. CM (C) Continued conformity required. A certificate of occupancy shall be deemed to CM authorize and is required for both initial, continued or changed occupancy and use of CD the building or land to which it applies. It shall continue in effect as long as such s building and the use thereof or of such land is in full conformity with the provisions of the Zoning Law and other requirements of the Town of Wappinger Code. 00e (D) Existing structures. Upon written request from the owner and on payment to the Town e of the prescribed fee, in accordance with the current fee schedule as set forth in Chapter 122, Article IV, § 122-16N of the Code, the Zoning Administrator shall issue a CM certificate of zoning compliance for any building or premises existing at the time of enactment of Zoning in the Town of Wappinger, certifying, after inspection, the extent and kind of use or disposition of the building or premises and whether such use or 0 disposition of the building or premises conforms with the provisions of this chapter. Section -VI: Numbering for Codification: It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-sections of this Local Law may be re-numbered or re-lettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and any 31 Packet Pg. 114 9.8.b such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section -VII: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, cm subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have to been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, z word or part had not been included therein, and if such person or circumstance to which the Local 3 Law or part thereof is held inapplicable had been specifically exempt therefrom. 7@ Section -VIII: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. 4343 E 0 cm cme CD cm M CO Ui CD M 00 CD e CD cm U 0 E2 32 Packet Pg. 115 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Water,IBureau of Flood Protection and Darn Safety 625 Broadway,Albany,New York 12233-3504 P:(518)402-8185 1 F:(518)402-9029 womdoc.11y,gov E July 1, 2016 C4 The Honorable Lori A. Jiava Town of Wappinger 20 Middlebush Road 0 Wappingers Falls, NY 12590 z Dear Ms. Jiava- 7@ This letter is in reference to the Town of Wappinger's participation in the National Flood U 0 Insurance Program (NFIP). As state coordinating agency for the NFIP we are Tj particularly concerned that the town maintains its participation in the program. In accordance with Letter of Map Revision (LOMR), FEMA Case Number 16-02-1504P, 0 the Flood Insurance Rate Map (FIRM) for map panel numbers 36027C0458E, E 36027C0459E, 36027C0466E and 36027C0467E has been revised. Because this is a La C4 physical change to the municipality's Flood Insurance Rate Map (FIRM), it is necessary C4 for the Town to formally adopt this LOMR before it can issue permits based on the information on the LOMR. This LOMR replaces the LOMR 16-02-0710P, which had an C4 effective date of August 17, 2016. The effective date is the only change that has taken co UJI place. In addition, the town of Wappinger has a second Letter of Map Revision (LOMR). In 0 accordance with this LOMR, FEMA Case Number 16-02-1320P, effective July 6, 2016, 0 Panels 36027C0476E and 36027C0478E of the Flood Insurance Rate Map have been amended. This LOMR replaces LOMR Case Number 16-02-0187 which had an effective date of September 2, 2016. Because this is a physical change to the E municipality's Flood Insurance Rate Map (FIRM), it is necessary for the Town to formally adopt this LOMR before it can issue permits based on the information on the E LOMR. UJI Currently, we have Local Law # 4 of 2012 as the local law for floodplain protection. We a recommend that the Town amend its existing local law to include the enclosed LOMR in E 0 Section 133-6. A copy of the required language is attached. Please make the amendment to the local law by August 17, 2016, which is the effective date of the first LOMR. In addition to standard filing requirements for Local Laws, please forward copies of the amendment including a copy of the Department of State's "Local Law Acknowledgment" to: lepartmens of Environmental Conservation I Packet Pg. 116 9.11.a NYSDEC FEMA, Mitigation Division 625 Broadway, 4th Floor 26 Federal Plaza cc Albany, NY 12233-3504 New York, NY 10278 Attn: David Sherman Attn: Mr. William McDonnell cm Sincerely, David R. Sherman Environmental Program Specialist I cc Floodplain Management Section u 0 CC' Ms. Barbara Roberti, Zoning Administrator, Town of Wappinger Mr. Joseph P. Paoloni, Town Clerk, Town of Wappinger Mr. Mark Lewis, NYSDEC, Region 3, New Paltz Mr. William McDonnell, FEMA, Region 2 43 Mr. Jason Fenn, FEMA, Region 2 cm cme cm ui e 0 8!i e e e e Packet Pg. 117 9.11.a § 133 — 6 Basis for Establishing Areas of Special Flood Hazard The areas of special flood hazard for the Town of Wappinger, Community Number 361387, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: (1) Flood Insurance Rate Map Panel Numbers: 36027C0461 E, 36027C0462E, 36027C0463E, 36027C0464E, 36027C0466E, 36027C0467E, 36027C0468E, 36027C0469E 36027C0486E, 36027C0487E, 36027C0490E, 36027C0559E, 36027C0576E, 36027C0577E, 36027C0578E, 36027C0579E 36027C0581 E, 36027C0582E, 36027C0601 E whose effective date is May 2, 2012, and any subsequent revisions to these panels that do not affect areas under our community's jurisdiction. (2) A scientific and engineering report entitled "Flood Insurance Study, Dutchess County, New York, All Jurisdictions" dated May 2, 2012. 43 E (3) Letter of Map Revision, Case Number 13-02-1873P, effective April 2, 2014, amending Panel 36027CO486E of the Flood Insurance Rate Map. CD (4) Letter of Map Revision, Case Number 16-02-1320P, effective July 6, CO 2016, amending Panels 36027CO476E and 36027CO478E of the Flood Insurance Rate Map. (5) Letter of Map Revision, Case Number 16-02-1504P, effective July 6 2016, amending Panels 36027C0458E, 36027C0459E, 36027CO466E and 36027CO467E of the Flood Insurance Rate Map. The above documents are hereby adopted and declared to be a part of this Chapter. The Flood Insurance Study and/or maps are on file at the Town Clerk, Town of Wappinger, Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590. Ui 0 e e Packet Pg. 118 9.11.b 4- LOCAL LAW NO. 6 OF THE YEAR 2016 A Local Law entitled "Local Law No. 6 of the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: a Section L• Title: This Local Law shall be known and cited as Town of Wappinger, "Local Law No. 6 of as the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention." Section IL• Legislative Intent: The purpose of this Local Law is to further amend the Flood Insurance Rate Map (FIRM) map panel numbers as required by the New York State Department of Environmental U Conservation, Division of Water, Bureau of Flood Protection and Dam Safety to reflect recent Letter of Map Revisions. I- 43 E Section III: Amendments to Chapter 133: "Flood Damage Prevention": to Subdivisions (4) and (5) of Section 133-6 entitled "Basis for Establishing Areas of Special Flood Hazard" is amended to read as follows: co "§ 133-6. Basis for Establishing Areas of Special Flood Hazard. (4) Letter of Map Revision, Case Number 16-02-1320P, effective July 6, 2016, amending Panels 36027C0476E and 36027C0478E of the Flood Insurance Rate Map. (5) Letter of Map Revision, Case Number 16-02-1504P, effective July 6, 2016, amending Panels 36027C0458E, 36027C0459E, 36027C0466E and 36027C0467E of the Flood Insurance Rate Map. U 0 1 Packet Pg. 119 9.11.b 4- Section IV: Reconfirmation and Ratification: Except as herein modified and amended, "Local Law No. 3 of the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention" is hereby otherwise ratified and reconfirmed. ams E Section V: Numbering for Codification: CM It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-sections of this Local Law may be re-numbered or re-lettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and any U such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code effected thereby. 4343 E Section VI: Separability: CM CM The provisions of this Local Law are separable and if any provision, clause, sentence, CM subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any CO UiW person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, e subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. U 0 Section VII: Effective Date: is2 Packet Pg. 120 9.11.b 4- This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. C 4) Cm 4- cc U 0 Tj 0 I- 43 E Cm Cme Cm cce e e U 0 IziC 4) 3 Packet Pg. 121 9.11.c NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 12th day of September, 2016, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town >� Board of the Town of Wappinger shall adopt proposed "Local Law No. 6 of the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention." PLEASE TAKE FURTHER NOTICE that the purpose of the proposed Local Law is to 6 amend Chapter 133-6 (4)and(5) of the Code of the Town of Wappinger in order to comply with the z request of the New York State Department of Environmental Conservation, Division of Water, cc Bureau of Flood Protection and Dam Safety and the revisions to the Flood Insurance Rate Map @ (FIRM)map panel numbers. 0 PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 NYCRR 617.5(c)(24) the proposed adoption of the aforementioned Local Law is a Type H action not requiring environmental review pursuant to the State Environmental Quality Review Act 0- (SEQRA) or pursuant to Local Law No. 6 of 1992 of the Town of Wappinger ("WEQRA") and, E accordingly,no environmental review has been undertaken. C4 e PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No.6 of the CD Year 2016 is available for review and inspection at the Office of the Town Clerk on weekdays from s 8:30 a.m. to 4:00 p.m., at the Town Hall,20 Middlebush Road,Wappingers Falls,New York. ua Dated: August 8,2016 e BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK 0 0 0 Packet Pg. 122