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2016-09-12 Town of Wappinger 20 Middlebush Road Wappingers Falls,NY 12590 Regular Meeting townofwappinger.us Minutes — Joseph Paoloni (845)297-5771 Monday, September 12, 2016 7:30 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Lori A. Jiava Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM William Ciccarelli Town of Wappinger Councilman Present 7:30 PM John J. Fenton Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Al Roberts Consultant Attorney Present 7:30 PM Bob Gray Consultant Engineer Present 7:30 PM II. Salute to the Flag III. Adoption of Agenda 1. Motion To: Adopt Agenda ........................................ ........................................ .......................................... ........................................... ........................................... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, John J. Fenton AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz IV. Acknowledge Minutes 1. Motion To: Acknowledge August 8, 2016 Minutes .................................. ......... ......... ......... ...... ......... ......... ......... ......... ......... ......... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz V. Correspondence Log RESOLUTION: 2016-227 Town of Wappinger Page I Printed 912712016 Regular Meeting Minutes September 12, 2016 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence L g - 2016-09-12 Number To From Date Date Rec' Re: Agucla Date 09-12-001 Towii Board Heather Kitclieii 8/712016 8/8/2016 Justice MoiINV Report for Ady 2016 9/1212016 09-12-002 Tom Board SLIP Dao aiid Sal Morello 811121116 81912016 BUildiiiq Deparlmeiit Muthly Report 911212016 09-12-003 Towii Board Carl Wolfsoll 8/10f2016 8/10f2016 Justice MoiINV Report 9/1212016 09-12-004 Towii Board Bea CqLjiiti 811212016 811912016 Plaiiiiiiiq&ZBA MoiitlilV Report 911212016 09-12-005 SUperAsor Joe Eiiiipsspr 811912016 811912016 2017 Bud et Re nest 911212016, 09-12-006 Towii Clerk Barbara Roberti 8/2412016 8/2512016 Pefformaimp&Maii1piia7cp Boiids Seo 2016 9/1212016 09-12-007 Lmda Hammqaii A Roberts 812512016 812612016 Peiidmq Litiqatioii 911212016 09-12-008 Towii Clerk Theresa Briccetti 8/8/2016 8/8/2016 Form SLjbmissioii VimpiI Bettiiia 9/1212016 09-12-009 SUperAsor Slieriffs NO 8131/2016 917/2016 Speed SummarV for Diddell Rd 911212016 09-12-010 Towii Board Heather Kitclieii 9/712016 9/712016 Justice Moiitlilv Report for ALiqLjst 2016 9/1212016 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-227 El Adopted Yes/Aye No/Nay Abstain Absent • Adopted as Amended Lori A.Jiava Voter El 0 0 0 • Defeated William H.Beale Voter ...,....... 0 0 0 ............... ............... .................... • Tabled William Ciccarelli Voter El 0 0 0 • Withdrawn John J.Fenton Mover El 0 0 0 . .............. ............ Michael Kuzmicz Seconder El 0 0 0 Dated: Wappingers Falls, New York September 12, 2016 The Resolution is hereby duly declared Adopted. V1. Public Hearings 1. Motion To: Open Public Hearing Local Law No. 5 ................................................................................................................................................................................................................................................................................................................................... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz ............. 2. Motion To: Close Public Hearing Town of Wappinger Page 2 Printed 912 712016 Regular Meeting Minutes September 12, 2016 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 3. Motion To: Open Public Hearing Local Law No. 6 ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 4. Motion To: Close Public Hearing ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: John J. Fenton, 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: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Close Public Portion ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz VIII. Discussions 1. Handicap Accessible Playground Ralph Holt addressed the board on 'all-inclusive parks'. Bob Gray identified a suitable location Town of Wappinger Page 3 Printed 912712016 Regular Meeting Minutes September 12, 2016 at Spook Hill road where mostly usable 6 acres are available and there are limited distractions without the limited risk of flooding. He said this will develop in stages. There is existing parking off Spook Hill Road. Historian Joseph Cavaccini addressed the details of the playground. He explained that the existing pavilion would be converted into an education center. Randy Ross addressed the board and explained that Planet Fitness, Mid-Hudson Subaru, HVCU, Rhinebeck Bank, Safeguard Industry, Rotary, Chazen group, and the County Executive have agreed to offer varied assistance. Councilman Beale said we need to take a look at the schedule for the Community Block Grant to help fund it. 2. Motion To: Authorize Consultants to move Forward on the Segreti La Fonda Site Project Mark Day of the engineering firm appeared before the board representing Anthony Segretti of Old Hopewell Commons Route 9. He proposed 54 apartments and a commercial component at the old route 9 and Hopewell Road intersection and was asking to trade the road segments of approximately less than a quarter mile. They would like town board consent before they bring it for site plan approval by planning board. The discussion continued regarding some of the finer details. Councilman Beale was concerned about the width and capacity of road flow which would be a convolutedly bottleneck versus the straight through approach that exists now. The motion was constructed in the following parts: 1. Determine the underlying title for road abandonment 2. To the extent legally permissible to abandon the portion of Old Route 9 3. Subject to site plan approval ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Lori A. Jiava, Supervisor AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 3. Community Outreach Saturday 10/1 Supervisor Jiava wanted to see if there was any input from the town board on the Community Outreach.scheduled for October 1st. Defensive Driving will be $40 and $35 for more than one in a family. Rabbies Vaccine will be $5 for residents and $10 for non-residents. Dog Chips will be $20. Flu shots will be available. 103 people are signed up for help with drug addiction. 4. Speed Study for Diddell Rd. The sheriffs office has determined that there is no speeding problem on Diddell Road relative to the speed limit. Councilman Kuzmicz knows residents that have seen speeders on that road. The details of the speed study is documented as item 9 in the correspondence log. Supervisor Jiava agreed to recommend to the sheriff to also look at speeding on Smith Crossing Road. IX. Resolutions RESOLUTION: 2016-229 Resolution Adopting 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" Town of Wappinger Page 4 Printed 912712016 Regular Meeting Minutes September 12, 2016 WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. 5 of the Year 2016, "Town of Wappinger Code Regulation the Administration and Enforcement of the New York State Uniform Code and Energy Code"; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers of the Town, as required by law; and WHEREAS, the Public Hearing was held on September 12, 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 determined that the proposed Local Law was not subject to Environmental Review; 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 RESOLVES, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts 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", a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and to the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. 4. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-229 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 Mover EJ...................0 ❑ ❑ Michael Kuzmicz Seconder Q ❑ C7 D Dated: Wappingers Falls, New York September 12, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-228 Resolution Adopting Local Law No. 6 Of The Year 2016, "Amending Chapter 133 Of The Town Code Known As Flood Damage Prevention" Town of Wappinger Page 5 Printed 912712016 Regular Meeting Minutes September 12, 2016 WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing proposed "Local Law No. 6 of the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention"; and WHEREAS, the Public Hearing was duly advertised in the Poughkeepsie Journal and Southern Dutchess News, the official newspapers of the Town; and WHEREAS, the Public Hearing was held on September 12, 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 determined that the proposed Local Law was not subject to Environmental Review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED, as follows: 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 "Local Law No. 6 of the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention", a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and to the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York . The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-228 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ... . . ... . . . . ...... ....... ....... .. ..... ..... ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ . .................. ....... ....... .. ........................................ ❑ Tabled William Ciccarelli Voter CSI ❑ ❑ ❑ .................. ................. ....... ........ ................ ....... ❑ Withdrawn John J.Fenton Voter Q ❑ C7 C7 .. Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 12, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-236 Resolution Appointing A Part-Time Temporary Tax Collector For The Receiver Of Taxes WHEREAS, by Resolution No. 2016-69, adopted by the Town Board on January 25, 2016, the Town Board created the position of Part-Time Temporary Tax Collector to work under the supervision of the Receiver of Taxes and confirmed the appointment of Sarah Freno to the position; and Town of Wappinger Page 6 Printed 912712016 Regular Meeting Minutes September 12, 2016 WHEREAS, the Town Board wishes to reappointment Sarah Freno to the position of Part-Time Temporary Tax Collector for the Receiver of Taxes effective for the period September 12, 2016 through November 2, 2016. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby reappointments Sarah Freno to the position of Part-Time Temporary Tax Collector effective for the period September 12, 2016 through November 2, 2016. 3. Sarah Freno shall work a maximum of 17.5 hours per week and shall be paid at the rate of$13.50 per hour, effective immediately. 4. The salary shall be paid from budget line A1330.102. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-236 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 September 12, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-237 In the Matter of The Increase and Improvement of the Facilities of the United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the United Wappinger Sewer District, in the Town of Wappinger, Dutchess County, New York (the "Sewer District"), being the District's share of the cost of the replacement and relining of sections of the trunk sewer line and installation of access roads along the sewer line right of way located in the Town of Poughkeepsie, New York, and operated by the Tri-Municipal Sewer Commission, for the benefit of the Town of Poughkeepsie, Village of Wappingers Falls and the United Wappinger Sewer District, including appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of$217,104.00; and WHEREAS, said capital project has been determined to be a Type II Action pursuant to 6 NYCRR 617.5, the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act ("SEQRA") and Chapter 117 of the Code of the Town of Wappinger ("WEQRA"), the implementation of which as proposed will not result in any significant environmental effects and the documentation Town of Wappinger Page 7 Printed 912712016 Regular Meeting Minutes September 12, 2016 relating to SEQRA/WEQRA is available in the office of the Town Clerk for inspection during normal office hours; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Sewer District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public hearing will be held in the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on October 11, 2016, at 7:30 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-237 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 September 12, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-239 Resolution Making Certain Determinations In Relation To An Application For State Comptroller Approval Of A Proposed Sewer District, In The Town Of Wappinger, Dutchess County, New York, To Be Known As The Mid Point Park Sewer District Of The Town Of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has duly caused to be prepared a Map, Plan and Report dated February 23, 2016, showing the boundaries of the proposed Sewer District in said Town, to be known as the Mid Point Park Sewer District(the "District"), and a general plan to serve said District, and a report of the proposed improvements and method of operation thereof including an estimate of cost; and Town of Wappinger Page 8 Printed 912712016 Regular Meeting Minutes September 12, 2016 WHEREAS, said Map, Plan and Report were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the Office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof, and WHEREAS, the establishment of the District and the capital project proposed therefor, have been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which as proposed, the Town Board has determined will not have any significant adverse effects on the environment; and WHEREAS, an Order was duly adopted by the Town Board on March 28, 2016, reciting a description of the boundaries of the District, the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed methods of financing to be employed, the fact that said Map, Plan and Report, including an estimate of cost, were on file in the Office of the Town Clerk for public inspection and specifying the 25th day of April, 2016, at 7:30 o'clock P.M., local time, at the Town Hall, in Wappinger, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of the District and said Map, Plan and Report (including estimate of cost) filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS,notice of aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 209-d of the Town Law, and proof of publication and posting have been duly presented to said Town Board(with posting continued until date of hearing); and WHEREAS, said public hearing was duly held at the time and place in said order as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board duly considered said Map, Plan and Report(including estimate of cost) and the evidence given at said public hearing; and WHEREAS, said Town Board in proceedings adopted on April 25, 2016 and subject to permissive referendum, has made the determinations required by Section 209-e of the Town Law after careful review of the cost and project as proposed and upon advice as to its continued feasibility at said cost; and WHEREAS,no petition for permissive referendum has been filed in relation thereto; and WHEREAS, an application for approval of establishment of said District has been prepared for submission to the Office of the State Comptroller and the Town Board has reviewed said application. 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. Upon the evidence given as the aforesaid public hearing and review of the application to the Office of the State Comptroller for permission to establish the District, it is hereby found and determined as follows,pursuant to the requirements of Section 85.3(b)(1) of Chapter III of Title 2 of the New York Codes, Rules and Regulations: a) The application to the Office of the State Comptroller was prepared at the direction of this Town Board and submitted to the Town Board for review on or about June 7, 2016; b) The Town Board, by Resolution No. 2016-187, acknowledged receipt of the application to be submitted to the Office of the State Comptroller; that the Town Board believed the contents to be accurate; and authorized the Town of Wappinger Page 9 Printed 912712016 Regular Meeting Minutes September 12, 2016 Supervisor of the Town to execute the application on behalf of the Town Board; c) The establishment of the proposed District is in the public interest and will not constitute an undue burden of the property which will bear the cost thereof, d) All the property and property owners within the proposed District, as described in the preambles hereof, are benefited thereby; and e) All the property and property owners benefited are included within the limits of the proposed District. 3. The time period for a permissive referendum has passed and no petition for referendum has been filed; and 4. The Town Clerk is directed to execute two (2) original certificates that no petition for referendum was filed in substantially the same form as annexed hereto. 5. The Town Clerk shall, as soon as practicable but in any event within ten (10) days after the date hereof,prepare two (2) certified copies of this Resolution for filing in the Office of the State Comptroller, Department of Audit and Control at Albany, New York. 6. The Town Clerk and the Attorney to the Town shall provide to the Office of the State Comptroller all additional documents required for permission to establish the District as provided for by Subdivision 3 of Section 209-f of the Town Law of the State of New York; and that such application shall be executed by and on behalf of the Town Board by the Supervisor of the Town. 7. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-239 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ...... ........ . ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ ❑ Tabled William ................ ....... ...... ... .... .. ..... . .. ...... .. Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ . Michael Kuzmicz Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 12, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-238 Resolution Authorizing Refund Of Unused Escrow For Ketchum Knolls Subdivision (ACCOUNT 14-5169/15-6044PP) WHEREAS, on or about March 24, 2014, David Stenger, a Member of LMD Property Holdings, LLC (hereinafter the "Applicant") filed an application for Subdivision Approval under Application Numbers 14-5169/15-6044PP; and WHEREAS, total escrow deposits in the amount of Thirty Two Thousand One Hundred Sixty- Eight 75/100 Dollars ($32,168.75) 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 Nine Thousand Three Hundred Seventy-Five 45/100 Dollars ($9,375.45)in escrow account numbers 14-5169/15-6044PP; and Town of Wappinger Page 10 Printed 912712016 Regular Meeting Minutes September 12, 2016 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 LMD Property Holdings, LLC, in the amount of Nine Thousand Three Hundred Seventy-Five 45/100 Dollars ($9,375.45), representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-238 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 September 12, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-240 Resolution Authorizing Refund Of Unused Escrow For La Fonda Del Sol Redevelopment Site Plan (Account 14-3310) WHEREAS, on or about June 9, 2014, David Stenger, a Member of LMD Property Holdings, LLC (hereinafter the "Applicant") filed an application for Redevelopment Site Plan Approval under Application Number 14-3310; and WHEREAS, total escrow deposits in the amount of Three Thousand Nine Hundred Fifty-Four 35/100 Dollars ($3,954.35) were received from the Applicant for payment of the fees of the Town's professionals to review the application; and WHEREAS, the Applicant has made a request to have the application withdrawn and the unused escrow balance be refunded; and WHEREAS, all professional fees incurred during the review of the application have been paid and there remains a balance of Nine Hundred Eighty-One 60/100 Dollars ($981.60) in escrow account number 14-3310 and Applicant has requested a refund and the Town Accountant has audited the escrow account and reviewed the amount due. 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 LMD Property Holdings, LLC, in the amount of Nine Hundred Eighty-One 60/100 Dollars ($981.60) from escrow account number 14-3310,representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 11 Printed 912712016 Regular Meeting Minutes September 12, 2016 ✓Vote Record-Resolution RES-2016-240 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava VoterQ ❑ ❑ ❑ ❑ Defeated William H.Beale Mover...... ....... ........ .Q ❑ ❑ ... ❑ .... ....... ...... ... .... .. ..... . .. ...... .. ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 12, 2016 The Resolution is hereby duly declared Adopted. X. Town Board Review of Vouchers RESOLUTION: 2016-230 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board -PP 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-PP Vendor A B DB T92 AM (General (General (Highway (Plannin (Ambulance Town Part Fund) g /Zoning ) wide) Town) Escrows) Camo Camo Central Hudson 3,016.83 Central Hudson 56.74 Scott Volkman 7,000.00 NYSAA Assessor 175.00 Home Depot 8.49 Home Depot 49.92 Home Depot 24.98 Zep Sales 1,306.85 Town of Wappinger Page 12 Printed 912712016 Regular Meeting Minutes September 12, 2016 Vanacore Sedore 1,250.00 James Baisley Tree Ser 1,600.00 Bottoni Fuel 4,879.55 Bottoni Fuel 809.55 Corbin Excavating Westlaw 200.00 Al Roberts 3,970.00 35.00 16,572.50 367.50 Al Roberts 157.50 1,015.00 Al Roberts 577.50 Al Roberts 262.50 Al Roberts 2,085.62 Al Roberts 3,885.00 Al Roberts 604.66 Al Roberts Al Roberts Al Roberts Al Roberts Expanded Supply Prod Expanded Supply Prod 865.00 Expanded Supply Prod Expanded Supply Prod Frederick Clark 4,007.00 Frederick Clark 763.00 Frederick Clark 997.50 Frederick Clark 325.00 Celia Sigalow Translator 140.00 Town of Wappinger Page 13 Printed 912712016 Regular Meeting Minutes September 12, 2016 Superior Signs 2,900.00 DC Supervisor Meeting 30.00 Tilcon 649.80 Software Consultants 2,900.00 Staples 47.70 Staples 197.32 Staples 143.96 Staples 22.28 Reserve Acc't Postage 7,000.00 Wells Fargo 323.00 Mackey Butts &Wise 1,277.50 Mackey Butts &Wise 17.50 Mackey Butts &Wise 17.50 Mackey Butts &Wise 367.50 Mackey Butts &Wise 6,230.00 Chase Visa 32.06 Stormwater 25.00 Stormwater Stormwater 775.00 Avello Bros Delta Dental 379.64 1,556.30 Inter City Tire 40.00 Roberts IT Consulting 1,657.50 C & N Amusements 2,375.00 Town of Wappinger Page 14 Printed 912712016 Regular Meeting Minutes September 12, 2016 American Rock Salt 3,600.00 Beam Mack Sales & Ser Total $51,916.06 $17,165.49 $11,708.70 $8,747.50 $35.00 Vendor A LC LD LH HBE T96 (Gener (Cameli (Chelse (Hughsonvi (Highway (Road al Lightin a Ile Lighting Equipmen Inspectio Town g) Lightin District) t) n) wide) g District Camo Camo Central Hudson 91.02 968.11 2,743.46 Central Hudson Scott Volkman NYSAA Assessor Home Depot Home Depot Home Depot Zep Sales Vanacore Sedore James Baisley Tree Ser Bottoni Fuel Bottoni Fuel Corbin Excavating Westlaw Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Town of Wappinger Page 15 Printed 912712016 Regular Meeting Minutes September 12, 2016 Al Roberts Expanded Supply Prod Expanded Supply Prod Expanded Supply Prod Expanded Supply Prod Frederick Clark Frederick Clark Frederick Clark Frederick Clark Celia Sigalow Translator Superior Signs DC Supervisor Meeting Tilcon Software Consultants Staples Staples Staples Staples Reserve Acc't Postage Wells Fargo Mackey Butts & Wise Mackey Butts & Wise Mackey Butts & Wise Mackey Butts & Wise Mackey Butts & Wise Chase Visa Stormwater Stormwater 1,825.00 Stormwater Avello Bros Delta Dental Inter City Tire Roberts IT Town of Wappinger Page 16 Printed 912712016 Regular Meeting Minutes September 12, 2016 Consulting C & N Amusements American Rock Salt Beam Mack Sales & Ser 168,499.1 5 Total $91.02 $968.11 $2,743.46 $168,499. $1,825.00 15 Vendor HBM HWN T 99 WF WH (Roads (Wapp (other (Fleetwood) (Watchill Resurfacing) Water Escrows) Water) Main) Camo Camo 2,362.50 1,708.33 Central Hudson Central Hudson Scott Volkman NYSAA Assessor Home Depot Home Depot Home Depot Zep Sales Vanacore Sedore James Baisley Tree Ser Bottoni Fuel Bottoni Fuel Corbin Excavating 594.00 Westlaw Al Roberts 122.50 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Town of Wappinger Page 17 Printed 912712016 Regular Meeting Minutes September 12, 2016 Al Roberts 17.50 Al Roberts 192.50 Al Roberts 490.00 Expanded Supply 133.00 Prod Expanded Supply Prod Expanded Supply 665.00 Prod Expanded Supply 1,596.00 Prod Frederick Clark Frederick Clark Frederick Clark Frederick Clark Celia Sigalow Translator Superior Signs DC Supervisor Meeting Tilcon Software Consultants Staples Staples Staples Staples Reserve Acc't Postage Wells Fargo Mackey Butts &Wise Mackey Butts &Wise Mackey Butts &Wise Mackey Butts &Wise Mackey Butts &Wise Chase Visa Stormwater Stormwater Stormwater Avello Bros 20,046.88 Delta Dental Inter City Tire Roberts IT Consulting C & N Amusements Town of Wappinger Page 18 Printed 912712016 Regular Meeting Minutes September 12, 2016 American Rock Salt Beam Mack Sales & Ser Total $23,034.88 $682.50 $140.00 $2,362.50 $1,708.33 Vendor WT (Tall WU SF SM SU (Wapp Trees (Wapp (Fleetwood (Midpoint United Water) United Sewer) Sewer) Sewer) Water) Camo 8,391.67 10,000.00 58,166.67 Camo 3,179.17 86,166.67 Central Hudson Central Hudson Scott Volkman NYSAA Assessor Home Depot Home Depot Home Depot Zep Sales Vanacore Sedore James Baisley Tree Ser Bottoni Fuel Bottoni Fuel Corbin Excavating Westlaw Al Roberts 52.50 2,240.00 Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts Al Roberts 367.50 Al Roberts Al Roberts Al Roberts Expanded Supply Prod Expanded Supply Prod Town of Wappinger Page 19 Printed 912712016 Regular Meeting Minutes September 12, 2016 Expanded Supply Prod Expanded Supply Prod Frederick Clark Frederick Clark Frederick Clark Frederick Clark Celia Sigalow Translator Superior Signs DC Supervisor Meeting Tilcon Software Consultants Staples Staples Staples Staples Reserve Acc't Postage Wells Fargo Mackey Butts &Wise Mackey Butts &Wise Mackey Butts &Wise Mackey Butts &Wise Mackey Butts &Wise Chase Visa Stormwater Stormwater Stormwater Avello Bros Delta Dental Inter City Tire Roberts IT Consulting C & N Amusements American Rock Salt Beam Mack Sales & Ser Total $3,231.67 $86,166.67 $8,391.67 $12,240.00 $58,534.17 Vendor WT SW Paid Town Board Hold (Tall (Watchill Trees Sewer) Town of Wappinger Page 20 Printed 912712016 Regular Meeting Minutes September 12, 2016 Water) Camo 13,500.00 90,058.34 Camo 93,416.67 Central Hudson 6,819.42 Central Hudson 56.74 Scott Volkman 7,000.00 NYSAA Assessor 175.00 Home Depot 8.49 Home Depot 49.92 Home Depot 24.98 Zep Sales 1,306.85 Vanacore Sedore 1,250.00 James Baisley Tree 1,600.00 Ser Bottoni Fuel 4,879.55 Bottoni Fuel 809.55 Corbin Excavating 594.00 Westlaw 200.00 Al Roberts 23,360.00 Al Roberts 1,172.50 Al Roberts 577.50 Al Roberts 262.50 Al Roberts 2,085.62 Al Roberts 3,885.00 Al Roberts 604.66 Al Roberts 367.50 Al Roberts 17.50 Al Roberts 192.50 Al Roberts 490.00 Expanded Supply 133.00 Prod Expanded Supply 865.00 Prod Expanded Supply 665.00 Prod Expanded Supply 1,596.00 Prod Frederick Clark 4,007.00 Frederick Clark 763.00 Frederick Clark 997.50 Frederick Clark 325.00 Celia Sigalow 140.00 Translator Superior Signs 2,900.00 DC Supervisor 30.00 Town of Wappinger Page 21 Printed 912712016 Regular Meeting Minutes September 12, 2016 Meeting Tilcon 649.80 Software Consultants 2,900.00 Staples 47.70 Staples 197.32 Staples 143.96 Staples 22.28 Reserve Acc't 7,000.00 Postage Wells Fargo 323.00 Mackey Butts &Wise 1,277.50 Mackey Butts &Wise 17.50 Mackey Butts &Wise 17.50 Mackey Butts &Wise 367.50 Mackey Butts &Wise 6,230.00 Chase Visa 32.06 Stormwater 25.00 Stormwater 1,825.00 Stormwater 775.00 Avello Bros 20,046.88 Delta Dental 1,935.94 Inter City Tire 40.00 Roberts IT Consulting 1,657.50 C & N Amusements 2,375.00 American Rock Salt 3,600.00 Beam Mack Sales & 168,499.15 Ser Total $13,500.00 $0.00 $302,267.23 $171,424.65 $473,691.88 $473,691.88 I,Joseph P. Paoloni,Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting September 12, 2016, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-230 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 Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Town of Wappinger Page 22 Printed 912712016 Regular Meeting Minutes September 12, 2016 Dated: Wappingers Falls, New York September 12, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-231 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board -IKK 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-KK Vendor A B DB T92 HWF (General (General (Highway (Escrows) (Filtration Town wide) Part Town) Fund) of Atlas & Hilltop) Camo Camo Vanacore 2,540.00 (Sedore) Central Hudson 484.45 Central Hudson 35.09 Central Hudson 91.48 Central Hudson 3,138.07 Central Hudson 170.71 Central Hudson 2,785.95 Montfort Bros 14.60 NYCOMCO 65.00 1,852.00 NYCOMCO 98.00 Poughkeepsie 35.35 Jour Home Depot 59.40 Home Depot 5.66 Signal Graphics 189.42 Bottoni Fuel 867.76 Arkel Motors 106.27 Dutchess Metal 48.00 Tire King 21.00 Munistat Services 1,500.00 Hillman Signs 128.25 NENY Safety & 630.00 Healt Town of Wappinger Page 23 Printed 912712016 Regular Meeting Minutes September 12, 2016 Tilcon 976.69 Staples 249.11 Staples 32.25 Optimum 70.75 Cablevision Wells Fargo 336.76 Aflac Chase Visa 292.05 Don Kortright Tire 200.00 Stormwater 1,000.00 Stormwater 25.00 Stormwater 1,400.00 Stormwater 750.00 Stormwater 25.00 Verizon Wireless 513.48 468.31 Auto Zone 124.22 Hannaford 11.06 ITC Telephone 290.25 Inter City Tire 88.85 Ken Bernstein 1,522.50 Dutchess Proprint 5.60 DC Public 14,490.00 Transport Herring Sanitation 718.75 Spar Construction Spar Construction 4,000.00 Total $27,018.37 $4,861.39 $4,377.33 $2,200.00 $4,000.00 Vendor A LC LD LH T16 HWN (Genera (Cameli (Chelse (Hughsonvill (Aflac) (Wapp I Town Lighting a e Lighting Water wide) ) Lighting District) Main) District) Camo Camo Vanacore (Sedore) Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson 2,570.81 Town of Wappinger Page 24 Printed 912712016 Regular Meeting Minutes September 12, 2016 87.55 908.26 Montfort Bros NYCOMCO NYCOMCO Poughkeepsie Jour Home Depot Home Depot Signal Graphics Bottoni Fuel Arkel Motors Dutchess Metal Tire King Munistat Services Hillman Signs NENY Safety & Healt Tilcon Staples Staples Optimum Cablevision Wells Fargo Aflac 131.90 Chase Visa Don Kortright Tire Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Auto Zone Hannaford ITC Telephone Inter City Tire Ken Bernstein Dutchess Proprint DC Public Transport Herring Sanitation Spar Construction 18,900.00 Town of Wappinger Page 25 Printed 912712016 Regular Meeting Minutes September 12, 2016 Spar Construction Total $87.55 $908.26 $2,570.81 $131.9 $18,900.0 0 0 Vendor A WF WH WT WU SF (Genera (Fleetwoo (Watchil (Tall (Wapp (Fleetwoo I Town d Water) I Water) Trees United d Sewer) wide) Water) Water) Camo 2,362.50 1,708.33 3,179.17 86,166.67 Camo 8,391.67 Vanacore (Sedore) Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Montfort Bros NYCOMCO NYCOMCO Poughkeepsie Jour Home Depot Home Depot Signal Graphics Bottoni Fuel Arkel Motors Dutchess Metal Tire King Munistat Services Hillman Signs NENY Safety & Healt Tilcon Staples Staples Optimum Cablevision Wells Fargo Aflac Town of Wappinger Page 26 Printed 912712016 Regular Meeting Minutes September 12, 2016 Chase Visa Don Kortright Tire Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Auto Zone Hannaford ITC Telephone Inter City Tire Ken Bernstein Dutchess Proprint DC Public Transport Herring Sanitation Spar Construction Spar Construction Total $2,362.50 $1,708.3 $3,179.1 $86,166.6 $8,391.67 3 7 7 Vendor A SM SU (Wapp SW Paid (General (Midpoint United (Watchill Town Sewer) Sewer) Sewer) wide) Camo Camo 10,000.00 58,166.67 13,500.00 Vanacore (Sedore) Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Montfort Bros NYCOMCO NYCOMCO Poughkeepsie Jour Town of Wappinger Page 27 Printed 912712016 Regular Meeting Minutes September 12, 2016 Home Depot Home Depot Signal Graphics Bottoni Fuel Arkel Motors Dutchess Metal Tire King Munistat Services Hillman Signs NENY Safety & Healt Tilcon Staples Staples Optimum Cablevision Wells Fargo Aflac Chase Visa Don Kortright Tire Stormwater Stormwater Stormwater Stormwater Stormwater Verizon Wireless Auto Zone Hannaford ITC Telephone Inter City Tire Ken Bernstein Dutchess Proprint DC Public Transport Herring Sanitation Spar Construction Spar Construction Total $10,000.00 $58,166.67 $13,500.00 $0.00 $248,530.62 Vendor Town Board Hold Camo 93,416.67 Camo Town of Wappinger Page 28 Printed 912712016 Regular Meeting Minutes September 12, 2016 90,058.34 Vanacore (Sedore) 2,540.00 Central Hudson 484.45 Central Hudson 35.09 Central Hudson 91.48 Central Hudson 3,138.07 Central Hudson 170.71 Central Hudson 6,352.57 Montfort Bros 14.60 NYCOMCO 1,917.00 NYCOMCO 98.00 Poughkeepsie Jour 35.35 Home Depot 59.40 Home Depot 5.66 Signal Graphics 189.42 Bottoni Fuel 867.76 Arkel Motors 106.27 Dutchess Metal 48.00 Tire King 21.00 Munistat Services 1,500.00 Hillman Signs 128.25 NENY Safety & 630.00 Healt Tilcon 976.69 Staples 249.11 Staples 32.25 Optimum 70.75 Cablevision Wells Fargo 336.76 Aflac 131.90 Chase Visa 292.05 Don Kortright Tire 200.00 Stormwater 1,000.00 Stormwater 25.00 Stormwater 1,400.00 Stormwater 750.00 Stormwater 25.00 Verizon Wireless 981.79 Auto Zone 124.22 Hannaford 11.06 Town of Wappinger Page 29 Printed 912712016 Regular Meeting Minutes September 12, 2016 ITC Telephone 290.25 Inter City Tire 88.85 Ken Bernstein 1,522.50 Dutchess Proprint 5.60 DC Public Transport 14,490.00 Herring Sanitation 718.75 Spar Construction 18,900.00 Spar Construction 4,000.00 Total $248,505.62 $25.00 $248,530.62 I,Joseph P. Paoloni,Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting August 8, 2016, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-231 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 Mover ❑ Withdrawn John JFenton........................ ..Seconder. QQ.................D❑ D❑........ ........D❑ ....... Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 12, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-232 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board -LL 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-LL Vendor A B DB T92 (General (General (Highway (Planning Town of Wappinger Page 30 Printed 912712016 Regular Meeting Minutes September 12, 2016 Town Part Fund) /Zoning wide) Town) Escrows) Camo 650.00 Camo 1,300.00 Camo 638.60 Camo 552.50 Central Hudson 1,500.64 Central Hudson 13.12 Central Hudson 38.09 Central Hudson 503.39 Central Hudson 38.09 Scott Volkman 6,072.50 NYS Emp H/I Ins Civis 3,915.17 9,134.20 S 7,092.79 Poughkeepsie Journal 48.85 Poughkeepsie Journal 60.10 Southern Dut News 53.35 James Baisley 825.00 S&S Worldwide Camp 1,105.30 Chambers Tractor 343.32 Arkel Motors 504.12 General Code 3,271.00 Advance Auto 165.01 62.07 Advance Auto 5.00 Advance Auto 49.28 Advance Auto 6.48 Advance Auto 96.07 Tilcon 770.77 Staples Town of Wappinger Page 31 Printed 912712016 Regular Meeting Minutes September 12, 2016 93.20 Atlas Star 38.00 Comm of Finance Supplie 22.71 Optimum 175.60 Optimum 34.95 Optimum 127.24 Ryan Leone Reimburse 265.14 Ready Refresh Water 204.94 W B Mason 316.32 Auto Zone 119.93 Sarjo Ind 139.11 Sarjo Ind 30.50 Jesco 62.97 Jessica Fulton 86.12 Reimburse Jessica Fulton Reimburse 82.99 Bj's Wholesale Members 54.06 Lou DiCocco Reimburse 24.97 Herring Sanitation 1,750.00 Transitional Builders Inc 7,445.00 Total $29,711.68 $5,699.04 $12,527.84 $1,950.00 $49,888.56 Vendor Paid Town Board Hold Camo 650.00 Camo 1,300.00 Camo 638.60 Town of Wappinger Page 32 Printed 912712016 Regular Meeting Minutes September 12, 2016 Camo 552.50 Central Hudson 1,500.64 Central Hudson 13.12 Central Hudson 38.09 Central Hudson 503.39 Central Hudson 38.09 Scott Volkman 6,072.50 NYS Emp H/I Ins Civis S 20,142.16 Poughkeepsie Journal 48.85 Poughkeepsie Journal 60.10 Southern Dut News 53.35 James Baisley 825.00 S&S Worldwide Camp 1,105.30 Chambers Tractor 343.32 Arkel Motors 504.12 General Code 3,271.00 Advance Auto 227.08 Advance Auto 5.00 Advance Auto 49.28 Advance Auto 6.48 Advance Auto 96.07 Tilcon 770.77 Staples 93.20 Atlas Star 38.00 Comm of Finance 22.71 Supplie Optimum 175.60 Optimum 34.95 Optimum 127.24 Ryan Leone Reimburse 265.14 Ready Refresh Water 204.94 W B Mason 316.32 Town of Wappinger Page 33 Printed 912712016 Regular Meeting Minutes September 12, 2016 Auto Zone 119.93 Sarjo Ind 139.11 Sarjo Ind 30.50 Jesco 62.97 Jessica Fulton 86.12 Reimburse Jessica Fulton 82.99 Reimburse Bj's Wholesale 54.06 Members Lou DiCocco 24.97 Reimburse Herring Sanitation 1,750.00 Transitional Builders Inc 7,445.00 Total $0.00 $49,888.56 $0.00 $49,888.56 I,Joseph P. Paoloni,Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting September 12, 2016, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-232 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 Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton...................... ...Seconder .........Q........,........❑.......,........❑........,.......❑..... Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 12, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-233 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board -MM The following claims have been duly audited and allowed by the Town Board of the Town of Wappinger, Town of Wappinger Page 34 Printed 912712016 Regular Meeting Minutes September 12, 2016 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-MM Vendor A B DB T92 (General (General (Highway (Planning Town Part Fund) /Zoning wide) Town) Escrows) Camo 650.00 Camo 1,300.00 Camo 638.60 Camo 552.50 Central Hudson 1,500.64 Central Hudson 13.12 Central Hudson 38.09 Central Hudson 503.39 Central Hudson 38.09 Scott Volkman 6,072.50 NYS Emp H/I Ins Civis 3,915.17 9,134.20 S 7,092.79 Poughkeepsie Journal 48.85 Poughkeepsie Journal 60.10 Southern Dut News 53.35 James Baisley 825.00 S&S Worldwide Camp 1,105.30 Chambers Tractor 343.32 Arkel Motors 504.12 General Code 3,271.00 Advance Auto 165.01 62.07 Advance Auto 5.00 Advance Auto 49.28 Town of Wappinger Page 35 Printed 912712016 Regular Meeting Minutes September 12, 2016 Advance Auto 6.48 Advance Auto 96.07 Tilcon 770.77 Staples 93.20 Atlas Star 38.00 Comm of Finance Supplie 22.71 Optimum 175.60 Optimum 34.95 Optimum 127.24 Ryan Leone Reimburse 265.14 Ready Refresh Water 204.94 W B Mason 316.32 Auto Zone 119.93 Sarjo Ind 139.11 Sarjo Ind 30.50 Jesco 62.97 Jessica Fulton 86.12 Reimburse Jessica Fulton Reimburse 82.99 Bj's Wholesale Members 54.06 Lou DiCocco Reimburse 24.97 Herring Sanitation 1,750.00 Transitional Builders Inc 7,445.00 Total $29,711.68 $5,699.04 $12,527.84 $1,950.00 $49,888.56 Town of Wappinger Page 36 Printed 912712016 Regular Meeting Minutes September 12, 2016 Vendor A Paid Town Board Hold (General Town wide) Camo 650.00 Camo 1,300.00 Camo 638.60 Camo 552.50 Central Hudson 1,500.64 Central Hudson 13.12 Central Hudson 38.09 Central Hudson 503.39 Central Hudson 38.09 Scott Volkman 6,072.50 NYS Emp H/I Ins Civis S 20,142.16 Poughkeepsie Journal 48.85 Poughkeepsie Journal 60.10 Southern Dut News 53.35 James Baisley 825.00 S&S Worldwide Camp 1,105.30 Chambers Tractor 343.32 Arkel Motors 504.12 General Code 3,271.00 Advance Auto 227.08 Advance Auto 5.00 Advance Auto 49.28 Advance Auto 6.48 Advance Auto 96.07 Tilcon 770.77 Staples 93.20 Atlas Star 38.00 Comm of Finance 22.71 Supplie Town of Wappinger Page 37 Printed 912712016 Regular Meeting Minutes September 12, 2016 Optimum 175.60 Optimum 34.95 Optimum 127.24 Ryan Leone Reimburse 265.14 Ready Refresh Water 204.94 W B Mason 316.32 Auto Zone 119.93 Sarjo Ind 139.11 Sarjo Ind 30.50 Jesco 62.97 Jessica Fulton 86.12 Reimburse Jessica Fulton 82.99 Reimburse Bj's Wholesale 54.06 Members Lou DiCocco 24.97 Reimburse Herring Sanitation 1,750.00 Transitional Builders Inc 7,445.00 Total $0.00 $49,888.56 $0.00 $49,888.56 I,Joseph P. Paoloni,Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting September 12, 2016, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-233 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 Seconder Q ❑ ❑ ❑ . Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York Town of Wappinger Page 38 Printed 912712016 Regular Meeting Minutes September 12, 2016 September 12, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-234 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board -NN 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-NN Vendor A B DB T92 HBM (General (General (Highway (Planning (Roads Town Part Fund) /Zoning resurfcaing) wide) Town) Escrows) Camo 25.00 Camo 25.00 Camo 42.00 Central Hudson 38.22 Central Hudson 286.05 Federal Express 51.01 Home Depot 8.84 Home Depot 15.43 DC Sheriff July 13,769.10 Vanacore/Sedore 2,540.00 James Baisley 975.00 MVP H/I Gold Prem 3,147.90 MVP H/I Premium 30,091.26 3,948.44 25,851.86 Pine Bush Equip 130.57 Vehicle Tracking 936.00 Sol Vehicle Tracking 3,053.00 Sol Graham Foster 137.40 Expanded Supply 1,242.00 Ruge's Parts 155.15 Center Adam's Power 141.88 Equip Sheafe Rd Elem 1,080.00 Village of Wapp 181.23 Falls Celia Sigalow 140.00 Town of Wappinger Page 39 Printed 912712016 Regular Meeting Minutes September 12, 2016 Transla Dutchess Metal 40.00 Hillman Signs 447.50 Justice Court Fund 23,912.75 Tilcon 355.39 Tilcon 1,404.06 Staples 49.16 Staples 11.79 Staples 112.54 Fishkill Plains 21.00 Garage Donna Lenhart 200.36 Reimb EM Star Ambulance Wells Fargo 272.43 272.42 Mackey Butts Wise 1,260.00 Mackey Butts Wise 17.50 Mackey Butts Wise 332.50 Mackey Butts Wise 1,470.00 Mackey Butts Wise 402.50 Durants Party 1,107.65 Rental Chase Visa 7.56 Chase Visa 446.62 John Fenton 22.68 Allstate Big Top Porta 110.00 Johns Phil Dobrovich 21.78 Reimb Cornerstone 818.43 39.03 phones Morris Assoc Morris Assoc 71.50 Morris Assoc 3,823.14 1,617.51 3,693.95 3,064.80 Morris Assoc 5,747.04 464.00 881.50 Morris Assoc Amazon 16.21 Amazon 167.96 Auto Zone 407.53 Auto Zone 94.11 Auto Zone 33.28 Sweeper Parts 785.24 Jesco 216.20 Town of Wappinger Page 40 Printed 912712016 Regular Meeting Minutes September 12, 2016 Jesco 470.79 JK Power Equip 35.00 Herring Sanitation 275.00 Total $76,770.31 $21,269.16 $39,733.48 $4,017.80 $1,242.00 Vendor A HMR HWN T14 AM WU (Gener (Water (Wapp (Allstate (Ambulac (Wapp al Meter Water ) e Fund) United Town Replacemen Main) Water) wide) t) Camo Camo Camo Central Hudson Central Hudson Federal Express Home Depot Home Depot DC Sheriff July Vanacore/Sedore James Baisley MVP H/I Gold Prem MVP H/I Premium Pine Bush Equip Vehicle Tracking Sol Vehicle Tracking Sol Graham Foster Expanded Supply Ruge's Parts Center Adam's Power Equip Sheafe Rd Elem Village of Wapp Falls Celia Sigalow Transla Dutchess Metal Hillman Signs Justice Court Town of Wappinger Page 41 Printed 912712016 Regular Meeting Minutes September 12, 2016 Fund Tilcon Tilcon Staples Staples Staples Fishkill Plains Garage Donna Lenhart Reimb EM Star Ambulance 32,916.00 Wells Fargo Mackey Butts Wise Mackey Butts Wise Mackey Butts Wise Mackey Butts Wise Mackey Butts Wise Durants Party Rental Chase Visa Chase Visa John Fenton Allstate 1,112.04 Big Top Porta Johns Phil Dobrovich Reimb Cornerstone phones Morris Assoc 1,786.20 1,852.20 Morris Assoc Morris Assoc 1,829.96 Morris Assoc Morris Assoc 1,725.90 Amazon Amazon Auto Zone Town of Wappinger Page 42 Printed 912712016 Regular Meeting Minutes September 12, 2016 Auto Zone Auto Zone Sweeper Parts Jesco Jesco JK Power Equip Herring Sanitation Total $1,786.20 $1,725.9 $1,112.0 $32,916.0 $3,682.1 0 4 0 6 Vendor SW SU Hold Town Board (Wildwoo (Wapp d Sewer) United Sewer) Camo 25.00 Camo 25.00 Camo 42.00 Central Hudson 38.22 Central Hudson 286.05 Federal Express 51.01 Home Depot 8.84 Home Depot 15.43 DC Sheriff July 13,769.10 Vanacore/Sedore 2,540.00 James Baisley 975.00 MVP H/I Gold Prem 3,147.90 MVP H/I Premium 59,891.56 Pine Bush Equip 130.57 Vehicle Tracking 936.00 Sol Vehicle Tracking 3,053.00 Sol Graham Foster 137.40 Expanded Supply 1,242.00 Ruge's Parts 155.15 Center Adam's Power 141.88 Equip Sheafe Rd Elem 1,080.00 Village of Wapp 181.23 Falls Celia Sigalow 140.00 Town of Wappinger Page 43 Printed 912712016 Regular Meeting Minutes September 12, 2016 Transla Dutchess Metal 40.00 Hillman Signs 447.50 Justice Court Fund 23,912.75 Tilcon 355.39 Tilcon 1,404.06 Staples 49.16 Staples 11.79 Staples 112.54 Fishkill Plains 21.00 Garage Donna Lenhart 200.36 Reimb EM Star 32,916.00 Ambulance Wells Fargo 544.85 Mackey Butts Wise 1,260.00 Mackey Butts Wise 17.50 Mackey Butts Wise 332.50 Mackey Butts Wise 1,470.00 Mackey Butts Wise 402.50 Durants Party 1,107.65 Rental Chase Visa 7.56 Chase Visa 446.62 John Fenton 22.68 Allstate 1,112.04 Big Top Porta 110.00 Johns Phil Dobrovich 21.78 Reimb Cornerstone 857.46 phones Morris Assoc 3,638.40 Morris Assoc 71.50 Morris Assoc 58.00 2,377.44 16,464.80 Morris Assoc 5,966.89 13,059.43 Morris Assoc 1,725.90 Amazon 16.21 Amazon 167.96 Auto Zone 407.53 Auto Zone 94.11 Auto Zone 33.28 Sweeper Parts 785.24 Jesco 216.20 Town of Wappinger Page 44 Printed 912712016 Regular Meeting Minutes September 12, 2016 Jesco 470.79 JK Power Equip 35.00 Herring Sanitation 275.00 Total $58.00 $8,344.33 $155.15 $192,502.23 $192,657.38 $192,657.38 I,Joseph P. Paoloni,Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting September 12, 2016, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-234 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 Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Seconder EJ...................0 ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York September 12, 2016 The Resolution is hereby duly declared Adopted. RESOLUTION: 2016-235 Resolution Authorizing Abstract of Claim and Warrant for Payment of Claim Audited by Town Board 2016 - 00 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: 2016-00 Vendor A B DB HBM (General (General (Highway (Roads Town Part Town) Fund) resurfcaing) wide) Camo Camo 25.00 Camo 25.00 Town of Wappinger Page 45 Printed 912712016 Regular Meeting Minutes September 12, 2016 Camo 25.00 Central Hudson 97.25 Central Hudson 35.09 Central Hudson 254.96 Central Hudson 39.51 Central Hudson 3,462.38 Marshell & Sterliing 277.00 Marshell & Sterliing 40 000.00 7,937.70 Southern Dut News 50.00 Home Depot 44.55 Home Depot 35.04 Signal Graphics 78.67 Corbin Excavating 594.00 First Unum Life Ins 182.34 202.60 60.78 United Auto Supply 299.85 CSEA Opt/Dental 3,539.47 Wapp Cent School 1,696.77 Tilcon 947.70 Tilcon 146,817.45 Staples 33.65 Staples 50.53 HV Screen Printing 210.00 Fort Will Hotel & Conf 736.50 Optimum Cablevision 212.15 Town of Wappinger Page 46 Printed 912712016 Regular Meeting Minutes September 12, 2016 Wells Fargo 336.76 Oriental Trading 54.88 Aflac Chase Visa Credit 326.19 Chase Visa Credit 86.29 Chase Visa Credit 292.05 Chase Visa Credit 27.58 Vincent Caputo Settle 7,735.00 Blue Seal Grass 344.97 Seed WB Mason 283.92 Verizon Wireless 413.48 421.08 Don Kortrigh Tire 475.00 Auto Zone 103.29 Auto Zone 106.83 Hannaford 7.58 ITC Telephone 290.25 Avello Contracting 35,038.75 Avello Contracting 99,713.89 JK Power Equip 62.00 Kiniry Excavating Total $23,310.86 $2,262.28 $46,947.50 $281,570.09 Vendor HMR T16 HWN (Water Meter (Aflac) (Wapp Replacement) Water Main) Camo 7,563.16 Camo Town of Wappinger Page 47 Printed 912712016 Regular Meeting Minutes September 12, 2016 Camo Camo Central Hudson Central Hudson Central Hudson Central Hudson Central Hudson Marshell & Sterliing Marshell & Sterliing Southern Dut News Home Depot Home Depot Signal Graphics Corbin Excavating First Unum Life Ins United Auto Supply CSEA Opt/Dental Wapp Cent School Tilcon Tilcon Staples Staples HV Screen Printing Fort Will Hotel & Conf Optimum Cablevision Wells Fargo Oriental Trading Aflac 131.90 Chase Visa Credit Chase Visa Credit Chase Visa Credit Chase Visa Credit Vincent Caputo Settle Blue Seal Grass Seed WB Mason Verizon Wireless Don Kortrigh Tire Auto Zone Auto Zone Town of Wappinger Page 48 Printed 912712016 Regular Meeting Minutes September 12, 2016 Hannaford ITC Telephone Avello Contracting Avello Contracting JK Power Equip Kiniry Excavating 2,337.05 Total $7,563.16 $131.90 $2,337.05 $364,122.84 Vendor HMR Hold Town Board (Water Meter Replacement) Camo 7,563.16 Camo 25.00 Camo 25.00 Camo 25.00 Central Hudson 97.25 Central Hudson 35.09 Central Hudson 254.96 Central Hudson 39.51 Central Hudson 3,462.38 Marshell & Sterliing 277.00 Marshell & Sterliing 47,937.70 Southern Dut News 50.00 Home Depot 44.55 Home Depot 35.04 Signal Graphics 78.67 Corbin Excavating 594.00 First Unum Life Ins 445.72 United Auto Supply 299.85 CSEA Opt/Dental 3,539.47 Wapp Cent School 1,696.77 Tilcon 947.70 Tilcon 146,817.45 Staples 33.65 Staples 50.53 HV Screen Printing 210.00 Fort Will Hotel & 736.50 Conf Optimum 212.15 Cablevision Town of Wappinger Page 49 Printed 912712016 Regular Meeting Minutes September 12, 2016 Wells Fargo 336.76 Oriental Trading 54.88 Aflac 131.90 Chase Visa Credit 326.19 Chase Visa Credit 86.29 Chase Visa Credit 292.05 Chase Visa Credit 27.58 Vincent Caputo 7,735.00 Settle Blue Seal Grass 344.97 Seed WB Mason 283.92 Verizon Wireless 834.56 Don Kortrigh Tire 475.00 Auto Zone 103.29 Auto Zone 106.83 Hannaford 7.58 ITC Telephone 290.25 Avello Contracting 35,038.75 Avello Contracting 99,713.89 JK Power Equip 62.00 Kiniry Excavating 2,337.05 Total $0.00 $364,122.84 $364,122.84 I,Joseph P. Paoloni,Town Clerk of the Town of Wappinger, hereby certify that the vouchers listed above were audited by a majority of the Town Board at the public meeting September 12, 2016, and allowed to the claimants the amount opposite his/her name. The Town Supervisor is hereby authorized to submit such claims to the Accounting Department for payment. Joseph P. Paoloni The foregoing was put to a vote which resulted as follows: ✓Vote Record-Resolution RES-2016-235 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 Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑ .. Michael Kuzmicz Voter Q ❑ ❑ ❑ Town of Wappinger Page 50 Printed 912712016 Regular Meeting Minutes September 12, 2016 Dated: Wappingers Falls, New York September 12, 2016 The Resolution is hereby duly declared Adopted. XI. Items for Special Consideration/New Business 1. Motion To: Surplus TwoTractors to Auction vesms Trade-in with a Sell Stop Reserve of $10,500 Building and Ground director Steve Frazier sent out an email to the board last week about a tractor they have discussed last fall. The email was not sent to the Town Clerk, so the details are only from this accompanying video. He runs three full size tractors and he asked for permission to trade or surplus 2 of those and purchase a modern tractor that would better suits their needs. The two tractors are a 1978 Ford 445 and a 1981 Ford 2910. He received trade-in values of $10,500 total for the two machines against the new one. He added that based on the results of the surplus auction would do better and if the results were less than the existing $10,500 we could decline the sale and go with the trade-in thereby eliminating the risk of the auction. He added that the amount in his budget would cover the purchase of a new machine. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Surplus Dodge Stratus and Building Inspector Chevy Blazer with AAR Auction Mr. Frazier explained that the old vehicles are still here and requested to surplus the Dodge Stratus and Building Inspector Chevy Blazer with AAR Auction county auction with no reserve. ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 3. Prepare the Town of Wappinger Annex for the Flood Plains Councilman Beale asked Zoning Administrator Roberti to prepare the Town of Wappinger Annex for the flood plains and work with the town supervisor the put a resolution together to become eligible for federal funding for town mitigation funding projects with a resolution ready to approve at the next meeting. Town of Wappinger Page 51 Printed 912712016 Regular Meeting Minutes September 12, 2016 XII. Executive Session - Contract Negotiations 1. Motion To: Enter Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz 2. Motion To: Return From Executive Session ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz XIII. Adjournment Motion To: Wappinger Adjournment& Signature The meeting adjourned at 9:43 PM. Joseph P. Paoloni Town Clerk ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........ ......... ........ ........... RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: John J. Fenton, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Town of Wappinger Page 52 Printed 912712016 y O O CO CO CO O O CO m O •�„ T T T T T C" r T r T wOo0o0o0000 Q N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ Ca N N CN N N N N N N T T T T T T T r T T Cm CD O N Q O U) 'J TO a) CO T p N O S? Cu p 0 a) -0 0 40-7 ---._ ._._ - - --------- - — O -t0 N +� C p 6 p p p = O C C O p M ry, 05 (� N Cu ® Q. N �' a) .N 06 E 0 0 0 ZM c L= F- E o a CD � M =3U) O om U U C E U N Cn C - L C L N O O a) a) O CL d- 0- LL U) ® CO CD Co Cfl Cfl (o (D (D (0 (0 C T T r T T T r T r T _ 0 g O O O O O O O O O O CL i� ®1 N NN N N N N N N N \ \ \ \ \ \ \ \ \ \ 67 O 6) O Ln Co w ` ` CN [b 0\0 00 0\O i Q ® CO O O CO O O C9 CO O O T T T T T T T T T T04 1 0 0 0 0 0 0 0 0 0 0 04 NCD ° CSf r r O N m �Y Cn 00 r T r N N \ Ce) \ CD CO 00 \ \ \ \ 00 \ CD Cb 00 Co 00 00 00 Cm e ui Cm CD e e ® O m CD E p Cm L a) U -O c a) L U C O CQ p 'L CDIle CD � c� L 0 O C C� CU Cn L ♦ � O � OD,U O N C6 p � SCAUm CCu mQ � C!) 2 O O F � O7 m CII m CB O O m mmmm •> U2U •> m aL) N 0IoFp— �pcnIOJc IOC= �p y . L d T N CO C1" LO CO r— CO O O .Q O O O O O O O O O T E 0 0 0 0 0 0 0 0 0 0 = N N N N N N N N N N Z 0000000000 Packet Pg. 53 5.1.a TOWN OF WAPPINGER TOWN JUSTICE TOWN JUSTICE HEATHER L. KITCHEN CARL S.WOLFSON JUSTICE COURT 20 MIDDLEBUSH ROAD -- - ---------- WAP-PINGERS FALLS,NY 1-2590-032-4--- (845)297-6070 -2590-0324___(845)297-6070 — (845)297-7739 FAX: (845)297-0145 5 [F� �f�:/ COURT HOURS: �r August 7, 2016 Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. AUG 0 8 2016 Supervisor Jiava and Members of the Town Board TOWN OF WAPPINGER Town Hall TOWN CLERK 20 Middlebush Rd. Wappingers Falls,NY 12590 CL Dear Supervisor Jiava and Members of the Town Board: cm The following cases were disposed of while I presided over the Justice Court during the month of cm July 2016: cmcoe 207 Vehicle & Traffic law matters resulting in$18,453.00 collected in fines and fees. Uj 27 Penal Law matters resulting in$860.00 collected in fines and fees. cm 18 Civil matters resulting in$206.00 collected in fees. 16 Termination of Suspension matters resulting in$1,190.00 collected in fees. 2 Executive Law matters resulting in$100.00 collected in fees. 1 Tax Law matter resulting in$0.00 collected in fines. cm .. 1 Bail Forfeit matter resulting in $100.00 collected in fines. 1 Town Ordinance matter resulting in$0.00 collected in fines. 1 Bail Poundage matter resulting in$375.00 collected in fines. 4 NYRCC matters resulting in$450.00 collected in fines. I have forwarded a check in the amount of$21,734.00 to the Town of Wappinger on August 6,2016. Additionally I am holding$24,300.00 in pending bail. Respectfully subs. rte Heather L. t e Town Justice cc: Joseph Paoloni, Town Clerk Packet Pg. 54 Building Inspector Report- Susan Dao and Sal Morello BUILDING DEPARTMENT REPORT Date: Augustrl, 2016 Update since MAY 31, 2016 I jLa 166 611/16 to StI1316 Total Building ermits applic tiCens re eive (Well test and Occupational 1203"s.are processed as pann to only and are not given applicationrrrumber Total Building Permits issued: 498 Total(Co,CC, I'sissued- , 132 27 I Total CC Searches received: 141 23 � Total Expired Permits' r 1-1-1969 to s.31-zolls. 110 CL Total.C 's issued. 14 � Total Expired Permits QTR's issued- s6:; 3 Total complaints received and found" 24 , CD CD Building Dept"recleves 8.processesap0cations forfir.eA20ning,however Fir'&Zoning issues thepermits. coe Excel sets with details iare,_availble of the following: Building Permits applications received �. Building:Permits issued, JCO,. C$CNI',%)issued Expired Permits from 5-1-2016 to -1-2919 CC Searches receives. Break down of numbers by inspector and types of building permits available if required _ cs I C3 RE��� " AUG 09 2016 TOWN OF WAppt,,z- TOWN CLERK Packet Pg. 55 5.1.a TOWN OF WAPPINGER (6 -- o - i2-- �� TOWN JUSTICE • TOWN JUSTICE S HEATHER L.KITCHEN �, CARL S.WOLFSON i JUSTICE COURT 20 MIDDLEBUSH ROAD _WAPPINGERS_FALLS,_NY 12590-0324 (845)297-6070 • (845)297-01.45 -- - FAX:(845)297-0145 COURT HOURS: August 10, 2016 Tuesday 5:30 P.M. 2nd and 4th Wednesdays 5:30 P.M. ist and 3rd Thursdays 5:30 RM. Supervisor Jiava and Members of the Town Board Town of Wappinger Town Hall 20 Middlebush Road Wappingers,NY 12590 CL Re: Carl S. Wolfson, Town Justice Report for the month of June, 2016: Dear Supervisor Jiava and Members of the Town Board; cmcme The following is a report of the cases disposed of during,the month of June, 2016; cm 33 Penal Law matters resulting in$1,055.00 collected in fines and fees. co 370 Vehicle and Traffic Law matters resulting in$35,475.00 collected in fines and Uj fees. cm 9 Civil matters resulting in$82.00 collected in fees. 6 Town Ordinance matters resulting in$25.00 collected in fines. e 1 ENCON Law matter resulting in no money collected. 33 Termination of Suspension fees resulting in $2,275.00 collected. cm 2 DNA fees collected in the amount of$100.00. 1 Bail forfeiture in the amount of$200.00 I have forwarded a check in the amount of$39,212.00 to the Town of Wappinger Comptroller. Additionally,I am holding $38,342.50 in pending bail. R f . sub m' to -, --. '=Carl S. Wolfson, Town Justice ILD-111 IE�n�J/7 E 10 cc: Joseph Paoloni, Town Clerk 1111 AUG 1.0 2016 TOWN OF WAPPINGER TOWN CLERK. . Packet Pg. 56 NO(°Njr -- � � � 5.1.a Lam' Planning Board & Zoning Board of Appeals Bea ®�unti MONTHLY REPORT DATE: August 12, 2016 FOR THE MONTH OF July, 2016 Month Total Year-to-date ZONING BOARD FEES COLLECTED Zoning Board Variance Applications $ 250.00 $ 4,000.00 Zoning Board Use Applications $ -0- $ -0- - - - -- Foils _ - $__=0- $ -0= ZBA TOTAL: $ 250.00 $4,000.00 PLANNINB BOARD FEES COLLECTED Planning Board Subdivision Applications $ -0- $ -0- Planning Board Site Plans Applications $ 750.00 $22,450.50 Planning Special Use Permits $ -0- Planning Board Conceptual Applications $ -0- $ -0- CL Planning Board Architectual Applications $ -0- $ -0- Foils $ -0- $.....0- Subdivision Regulations Books $ -0- $ -0- PB TOTAL: $ 750.00 $22,450.50 cmcoe ZONING BOARD MONTHLY TOTAL $ 250.00 $ 4,000.00 W PLANNING BOARD MONTHLY TOTAL $ 750.00 $ 3,528.00 e e TOTAL: $1,000.00 $ 7,528.00 RECREATION FEES COLLECTED M� ��/ '^ TOTAL: $ -0= $ -0- v PROJECTS BEFORE THE BOARD AUG 19 2016 Zoning Board of Appeals No. 16 Planning Board No. 29 TOWN OF WAPPIN6L:r Month Total Year-to-dateTOWN CLERK ROAD INSPECTION ESCROW RECEIVED $ -0- $ -0- TOTAL: $ -0- $ -0- PROJECT ESCROW RECEIVED July TOTAL: $15,475.01 $54,475.01 cc: Town Board Town Clerk Packet Pg. 57 51a 70(G b I Or, Lori Jiava,Supervisor , Joseph tnnesser V .s Town of Wappinger Wappinger Greenway Chr. 20 Middlebush Rd. 8 Mohawk Dr. Wappinger Falls, N.Y.,12S90 Wappinger Falls, N.Y. 12S90 ., Au ust 21 2016 r Subject: 2017 Budget Request CL %m Dear Supervisor, �s it Committee I am askin for bud et As chairman of rhe Wappinger Greenway Tra o g g �r7support for the upcoming year 2017. On behalf of the trail committee, I am requesting$500 5 , dollars to cover the cost of miscellaneous power tool service, hand tool purchase and safety, CM equipment upgrades.The town being the lead agency, I am also requesting at this time,that w =the`town,provide,aline item.of�,$2250ito cover the annual stipend for both the trail warden h< � assistantCO . ,.Thanks in advance for your sup'port.a i. if there are any concernsor questions please do not e hesitate to contact me. "� i 04 e Since e CD ss Chr: er eCM ppi er Greenway Comm. Tel .84 297-7026 Cc:Towni Board Members W_ -E cs R.J. Holt Chr. Recreation Comm. J. Paoloni Wappinger Town Clerk t J. Fulton Recreation S ME {L " i."�"' y'. AUG 19 201 r^�d�.�3'a^ PF s�.I.^ AWN OF WAPPINGE - TOWN cLeRK Packet Pg. 58 5.1.a 2-- TOWN OF WAPPMGER ZONING ADAIMSTRATOR SUPERVISOR Barbara Roberti - Ext. 128 I Lori Jiava PLANNING BOARD&ZONING BOARD OF APPEALS SECRETARY •� TOWN BOARD Bea Ogunti—Ext 122 - ft' William H.Beale William Ciccarelli John Fenton ZONING DEPARTMENT---- Michael-Kuzmicz 20 MIDDLEBUSH ROAD WAPPINGERS FALLS,NY 12590 (Fax) 137-1 Ext.2 (845)297-0579 www.townofwappinger.us " AUG 25 2016 To: Joseph Paoloni,Town-Clerk ' From: Barbara Roberti,Zoning Administrat, r TOWN OF WAPPINGER Re: Schedule of Performance& Maintenance Bonds for the month of TOWN CLERK CL September 2016 August 24, 2016 cm cme PERFORMANCE BONDS cmcoe SUBDIVISION(Sub.) SECURED SITE PLANS (SP) BY AMOUNT CALL EXPIRES STATUS 'Hilltop Village-Toll Land`V Surety Bond"$462,457:00 No expiration date -reduction #39B SBGG1368 accepted by TB cm 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 9/10/17 11/19/17 -accepted by TB (Attalah&Joseph Nesheiwat) #775180S 2/25/08 -Bond in effect until released by Town. Ridges Subdivision Letter of Credit $403,567.20 4/1/17 6/30/17 -accepted by the TB 3/28/16.,Bond in effect for two years. 1 Packet Pg. 59 • 5.1.a MAINTENANCE BONDS BRH Realty Subdivision L/C $ 18,960.00 9/24/2017 -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------- - --8/3-1/2017 -Accepted by TB'on Two Year Maintenance Bond to 2017 920007134 9/29/15. SITE PLAN RESTORATION BONDS Calvary Chapel of the H.V. Cash Deposit $ 41,600.00 ****** -Accepted by TB on 12 February 24,2014. Released upon CL Resolution Approval w/signed maps Dunkin Donuts Cash Deposit $17,000.00 ******* -Accepted by TB on cm cm April 11, 2016 Released upon cm Resolution Approval ch w/signed maps W cm i e Osborne Square Cash Deposit $2,000.00 * * ** Accepted by TB on April 11,2016 cm Released upon Completion of Dumpsters U Prestige Mini Cash Deposit $4,640.00 -Accepted by TB on March 24,2014. Released up6n. Resolution Approval w/signed maps Cc: Planning Board Robert Gray Town Board Vincent Bettina Albert P. Roberts, Esq. File y 2 Packet Pg. 60 5.1.a STENGER ROBERTS c) o DAVIS & LLP 1136 Route 9 Wappingers Falls;New York 12890 (845)293-2000 FAX(845)298-2842 wnvw.srddlaw.com e-mail:inf6@,5rqglaw,.com July 1, 2016—revised 8/25/16 Iter,netl,(N,'Stenger Sedore Hudson Valley C.P.A.'s Albert P.Roberts 2678 South Road, Suite L Thomas R.Davis Poughkeepsie,New York 1260.1 ooj( �_:. ;--� Attention: Ms. LidHannigan n a Stephen.E.Diamond" Re Town of Wappinger AUG 2 6 2016 CL Pending or Threatened Litigation Joan F,Garrett" File No.: 12951.0060 TOWN OF WAPPINGER. James P.Horan TOWN CLERK Dear Ms. Hannigam Ian C.Lindars N Marren H.Fairlie Pursuant to the letter request dated May 23,2016, from Lori A.hava, cm Fred Clarke Supervisor of the Town ofWappinger,the following,is the.status o ' material Pending or Threatened Litigation, Claims and Assessments against the Town of Wappingers as known tothe best.of my knowledge OF cau sEi. thrrough June 30, 20.16. Scott L.Volkman Karen Macldish FENDING OR.THREATENED LITIGATION Jessica J.Glassxcluding Unasserted Claims and Assessments): cm PARALEGALS I hereby report that as of the date of this letter,to the best of any Sandra A.Oakleyknowledge, the only material.Pending or Threatened Litigation matters in Dawn M.Paino whick the Town of Wappinger is or may be named as a party are listed in Dorothy A.Purtill. this letter below. With respect to Tort actions,please be,advised that there Christine M.Schnittert are several claims pending against the Town which are being defended by Rita M.Worthington the Town's insurarice carriers. I am unaware of the exact number,nature, status or probability of success with respect.to any of these actions except CLOSING COORDINATOR as noted below. I' Maria L.Jones. Please be further advised that the Town's Tax Certiorari proceedings are presently handled by`Scott L.Volkman;]Esq.,who is "Of Counsel"with 'ALSO ADMIT.FED IN�FLEpAA ^ALSOADMiTTEDIN OS my firm, Mr. Volkman will be submitting:a separate opinion letter '^ALSO.ADM?TED'IN NJ Y Packet Pg. 61 5.1.a Page 2 July 1, 2016. —revised 8/25/16 Ms.Linda Hannigan regarding the Town's financial exposure to presently pending or threatened.Tax Certiorari litigation.. PETNY Deficiency Since our last report,the status of this matter has not changed.The NYS Workers' Compensation Board has still not.concluded the matter and therefore cannot determinc and/or calculate the amount of funds available for distribution.As you will recall, it has been determined that the Town of Wappinger over. paid and is,due a refund of approximately$15,336.33. As such;it appears there is no further risk of liability for the Town and we will continue to monitor the matter. CL AARON KELLNER This matter involves a long standing request of Aaron Kellner to obtain a Building Permit to reconstruct a home located on Easter Road. The home was damaged by a fare cm cm approximately ten years ago. Easter.Road,is a private road,; it was never dedicated to the Town. The lots on Easter Road were subdivided,in the 195 Qs.•The road was never:built to cm Town standards and was always privately maintained. Over the course of time,the road co became in such disrepair that it was determined to be unsafe;the post office and school Ui buses refused to travel on it.Kellner was advised as a condition of issuing the Building cm Permit that the.road had to be brought to Town standards. Kellner objected and requested that the Town permitalternate means of access'via easements; etc.to other roads.The Town refused. The matter was brought to the Zoning Board of Appeals which denied the request. Kellner tiled an action.in Supreme Court,Dutchess County,for,among other cm things,a money judgment in the amount of$67,625.53 as well as a declaratory judgment. The matter was turned over to the Town's insurance carrier who defended the case in Supreme Court on behalf of the Town but reserved its'rights not to pay. On December 3.; 2014,the Supreme Court granted the Town's Motion to Dismiss and the Plaintiff appealed, At this time the Appeal has been fully submitted and we are waiting for a date for oral,arguments. As of this date the Appellate Division has yet to set a date for oral arguments. BIBEAU CONSTRUCTION CO., INC. Since our last report,the Bibeau Construction Co.,Inc. matter has largely been resolved. NYC DEP lias authorized the release of funds. The matter is settled. Packet Pg. 62 5.1.a K Page 3 .l<aaly 1,2416--revised 8/25116 Ms.Linda Hannigan MlD-POINT PARD WASTEWATER TREATMENT PLANT(MPPWTM Since our last report,ttie Town has caused the formation of the Mid Point Park Sewer District,in anticipation of issuing serial bonds to pay for the required improvements to the system. The formation of the District is subject to the approval of the State Comptroller,Department of Audit and Control.The application has been submitted to the State Comptroller and we are awaiting a review of the application. It is anticipated that the District formation will be approved by Audit and Control and the Town will be. permitted to issue the serial bonds and commence construction on the improvements. CLAIMS OF VINCENT CAPUTO CL Since our,last report.the Town has submitted a;revised offer to Mr.Caputo and it is anticipated thatthis.matter will be resolved shortly. UNASSERTED CLAIMS AND ASSESSMENTS CMCMe "This letter includes matters that existed as of December 31, 2015,and, further,through CM June"30 2016. CO The undersigned knows of no other unasserted claims or assessments considered to beCM. probable of assertion and/or if asserted,wouldhave a possibility of an unfavorable material outcome. However, in the course of performing legal duties for the Town of Wappinger with respect to a matter recognized to involve.an:unasserted possible claim or CM assessment that may call for financial statement disclosure,and I have formed a professional conclusion that the Town should disclose or consider disclosure concerning such possible claim or assessment, as a:matter of professional responsibility to the Town of Wappinger,I will.so advise the Town and will consult with the Town concerning the question of such disclosure and the applicable requirements of Statement of Financial Accounting Standards No. 5. There are no other potential liabilities or loss contingencies that are required to be disclosed or accrued in the financial statements, other:than the abovementioned matters. There are no other potential liabilities or loss contingencies which in my professional judgment are-required to be disclosed or.accrued in the financial statements. All contingent liabilities set forth above are as of the date of this correspondence. II Packet Pg. 63 5.1.a Page 4 July 1,201:6—revised 8125/16 Ms.LindaHannigan' The scope of this letter includes litigation commenced against the Town to present, except as noted above. To the best of the knowledge of the undersigned,there are no actions that have been commenced against the Town, or threatened to be commenced against the Town,nor are there any:actions pending which would subject the Town to any monetary payment or financial loss; except as above stated. OTIIER'MA.TTERS The amount that the Town of W'appinger was indebted to mfr firm for services and expenses as of December 31, 2015 was$45,858.00. C The undersigned:knows of no other unasserted claims or assessments considered to be CL probable. Very truly yours, Cm STENGER,ROBERTS,DAVIS &DIAMOND,LLP` Cm Cm Xvl .ALBERT P.ROBERTS APR/soCm Cm e cc: Hon.Lori A. Java,Supervisor Hon. Joseph;P:Paoloni,Town Clerk Scott L.Volkman,Esq. Cm C 4) Packet Pg. 64 5.1.a Joe Paoloni 20, t o From: no-re ply@town ofwa p ping er.us Sent: Tuesday,August 09, 2016 8:32 AM To: Joe Paoloni Cc: tbriccetti@aol.com Subject: Form Submission:Vincent Bettina � Name:Theresa Briccetti AUG 0 8 2016 --Email:-tbriccetti@aol.com - - - - - __..___.— Address: 15 Cindy Lane TOWN OF WAPPING =lz". TOWN CLERK Subject: Form Submission:Vincent Bettina Message: Recently there have been articles in the paper degrading the Town of Wappinger Highway Superintendent,Vincent Bettina. As a longtime resident and taxpayer I wanted to tell you that I support Mr. Bettina's efforts. Thirteen years ago the Town of Wappinger did a project taking water from the Atlas Wells in Quiet Acres to the Water Tower on Cider Mill Loop,through Cindy Lane and Wildwood Road. This project went extremely over budget because the engineer and the company,who bid for the work,did not take into account the rock ledge that Quiet Acres is built on. This ledge is visible just by walking the neighborhood. This project was paid for with an increase in my water bill for CL a pipe that would never deliver one drop of water to my home. When the project was in process, I called the Wappingers Central School District to have my then first grade son's bus stopmoved. This was not possible for the district since they had no formal records of the road being closed. The company, nor the town,ever advised the school district. I had to have then Town Supervisor,Joe Ruggerio,get involved, cm e to have an executive order written in order allow my son a temporary safe bus stop. When the project moved out of the Quiet Acres neighborhood, Cindy Lane was covered with a "temporary" road cm e surface. Wildwood also received that temporary surface. But a few years later Wildwood was re-paved: I called Mr. co Grahame Foster's office to see when Cindy Lane would get re-paved. The answer I received was not only unacceptable but it was also rude. Needless to say Cindy Lane did not get paved. cm For 13 years we on Cindy Lane have been living with a "temporary"-road surface that turned to gravel several years ago., It is quite the job to have to rake the road surface out of the yard each spring and back onto the road. The rest of the neighborhood has not been paved in almost 30 years. When Mr. Bettina took office, I called and asked that he come to see the condition of Cindy Lane. Mr. Bettina met with me and a few neighbors. He made no promises except that he would try his best. This alone was much more than we ever gotten from Mr. Foster. j When Mr. Foster was in office, I called to say that one of the plows took out my mailbox. His response was that the mailbox is not his responsibility. (Yet I know that his department has replaced other mailboxes in town). Other Quiet Acres residents called Mr. Foster to tell him the plows took chunks out of their curbs,yards, driveways, etc. only to get the same response I did. I called Mr. Foster's office to request a street sweeper after a particularly nasty spring storm. A friend on Deer Run called the same day. When the sweeper on Deer Run didn't do a good job, my friend called again. Deer Run saw the street sweeper twice in one week but Cindy Lane and the rest of Quiet Acres never see a street sweeper. If a street sweeper would have come through Cindy Lane, it would have removed the entire road surface.. I have been to board meetings and witnessed residents of Rockingham Farms complain their curbs were damaged by the plows, again. Talking to that resident, he complained that he has to have the town replace the curbs almost yearly. YEARLY!! And meanwhile I am living on a gravel road. As a taxpayer, I am very happy that Mr. Bettina was elected into office. My"temporary" road is finally getting re-done and ALL the residents (taxpayers) are being treated with respect. I found it very unfair that when Mr. Fosterwas in office, my neighbors and I paid the same taxes as everyone else but could not get the same services and every.other taxpayer in this town. Asa taxpayer I am finally seeing work being done for my tax dollars. Packet Pg. 65 5.1.a I can guarantee you there are other taxpayers who have stories to tell about the highway department. The proof would be in the fact that Mr. Bettina won the election 2359 to 965 for the candidate who was supported unabashedly by the highway employees. It is my sincere hope that the entire Town of Wappinger Board supports Mr. Bettina's efforts in getting the work done that should have been done years ago. i CL cs V) Cm Cme Cm CO Cm Cme e e C W 2 Packet Pg. 66 1 0 ! f/! 009 Page 1 Speed Summary for diddell rd - Volume by Speed - All Days Time Start;Time End!1 to 10111 to 20i21 to 30131 to 40 f 41 to 50 51 to 60161 to 70171 to 80181 to 90191 to 1001 Total Vehicles i 12:00 AM 112:59 AM 0 10 0 0 0 0 10 10 10 10 10 ;1:00 AM :1:59 AM <0i0 }0 0 0 0 s0 10 10 10 10 ;2:00 AM 12:59 AM 10 i0 10 10 0 0 10 10 10 10 10 ;3:00 AM }3:591'AM ;0 0 1,0 ,0 0 0 0 10_ 0 0 0 0 4:00 AM 4:59 AM 10 ;0 0 !0 0 0 i0 i0 0 0 =0 5:00AIVI 15:59 AM 13 18 304 0 0 =0 0 ;0 0 145i 16:00 AM 16:59 AM i0 19 P8 i4 10 1 0 ;0 0 ;0 1102 7:00 AM ;7:59 AM :0; i38" 202 I120 0 0 ,0 10 0 252 (8:OO AM 18:59 AM 1 ;64 1227 14 0 0 i1 10 0 0 1307 €9:OOAM 9:59AW j0.;>.. j86 .223 412 11 10-1— i0 10 10 0 1322 10:00 AM ;10:59 AM 0 68 ;249 4 10 10 10 0 321 :00 AM ;1159AM �1 ;11:'1 293 13 0, ;t0 i0 10 0 0 E41[8, 02:00 PM 112:59 PM 10 182 '1296 110 0 0 0 10 0 0 388 €1:00 PM ,1:59 PM 10 €71' F326 13 1 ;0 I0 j0 10 €0 411 2:00 PM 2:59 PM j0 165 1338 122 2 10 10 10 10 10 427 3 00 PM ;3:59 PM ;0 63 433 24 1 0 ;0 10 10 0 521 _,�—...T. ..__5__._ 1. 11 I 14.00 PM X4:59 PM 2 80 .456 E12 2 �0 10 ,0 1 0 01 552 ;5:00 PM '5:59 PM ;0 i79 147631 10 0 40 10 0 i0 586 f6'0 PM 6:59 PM 12 71 1411 10 0 0 !"0 0 0 0 1494 17:00,PM 7:59 PM i0; 157: ;3107 }1;3ti : 0, 0, , . 0 O.;, 0 0 1377 18:00 PM 18:59 PM ;0 64 1245 8 10 0 10 10 r0 0 1317 '19:00 PM 19:59 PM (0 's0 -7770; ; 000, 10 0 ¢0 10:00 PM 10:59 PM i0 10 0 0 0 0 .0 0 0 0 t0 CL 1100 PM ;1159 PM t0` ;0. 0 . t0 '_30 10 10, i0 10 '. ' `0 ;Total i 19 11016 14600 206 17 10 10 10 15840 �% 10 % 1,74% 78:8°l0 3.5% 0.1% ,,<004 04 e CD cm CEI VI�D co e FAUG 3 1 2004 I e CD e i SUPERVISOR OFFICE 04 SEP 0.7 2016 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 67 loq J ) TOWN OF WAPPINGER TOWN JUSTICE • TOWN JUSTICE HEATHER L.KITCHEN '' CARL S.WOLFSON JUSTICE COURT 20 MIDDLEBUSH ROAD --- - WAPPINGERS FALLS, NY 12590-0324 _ (845)297-6070 • (845)297-0145 FAX:(845)297-0145 COURT HOURS: September 7, 2016 Tuesday esd P.M. h 2nd and 4th Wednesdays 5:30 P.M. 1st and 3rd Thursdays 5:30 P.M. 0 Supervisor Jiava and Members of the Town Board Town Hall a 20 Middlebush Rd. CL Wappingers Falls,NY 12590 Dear Supervisor Jiava and Members of the Town Board: cm The following cases were disposed of while I presided over the Justice Court during the month of cm August 2016: cmN co 296 Vehicle&Traffic law matters resulting in$34,004.00 collected in fines and fees. LU 26 Penal Law matters resulting in$580.00 collected in fines and fees. cm 14 Civil matters resulting in$100.00 collected in fees. 20 Termination of Suspension matters.resulting in$1,995.00 collected in fees. 2 Executive Law matters resulting in$100.00 collected in fees. cmI I have forwarded a check in the amount of$36,779.00 to the Town of Wappinger on September 2, 2016. Additionally I am holding $71,700.00 in pending bail. Respectfully sub e Heather L. ' en 'i Town Justice n cc: Joseph Paoloni, Town Clerk LR1 v SEP 072016 TOWN OF WAPPINGER TOWN CLERK Packet Pg. 68 9.1.a A Local Law entitled "Town of Wappinger Code Regulating the Administration and E Enforcement of the New York State Uniform Code and Energy Code" 0 r- UjUj BE IT ENACTED by the Town Board of the Town of Wappinger as follows: E2 Section -L• LEGISLATIVE INTENT (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 International Existing Building Code, 2015 International Fire Code, 2015 International Plumbing Code, 2015 International Mechanical Code, 2015 International Fuel Gas Code, 2015 International Property Maintenance Code, and the 2016 Uniform Code Supplement. cm (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 adopted the 2015 International Energy Conservation Code, 2013 ASHRAE 90.1 and the 2016 Energy Code Supplement. to d (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 State Regulations governing the implementation of the Uniform Code have changed in 0 several important respects. (D) In order to effectively implement, the current provisions of the Uniform Code and the0 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 cm cm shall be adopted in its place. M co Section -IL• REPEAL OF EXISTING CHAPTER 85 (A) The provisions of Chapter 85 of the Town Code which were created by Local Law 10 00 of 2006 are hereby repealed and will be superseded by a new Chapter 85 enacted herein. cm (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. F:\0)Chris\Local Laws\Local Law Filing\2016\Local Law 5\Draft Local Law 2016-08-03.docx Last Saved: 9/2/2016 13:02 Packet Pg. 69 9.1.a 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 0 follows: w "CHAPTER 85 E2 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 Prevention and Building Code (the Uniform Code) 19 NYCRR § 1219.1 in the Town of Wappinger as required by New York Executive Law § 381. (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 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. (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 o Law § 382(2). z 3 (E) This Chapter also confers upon the Code Enforcement Officer all authority granted to a Town Building Inspector by Town Law § 138. (F) This Chapter is adopted pursuant to §10 of the Municipal Home Rule Law. 0 §85-2 DEFINITIONS. (A) In this Chapter: e (1) "Agricultural Building" shall mean a structure designed and constructed to house farm implements, hay, grain,poultry, livestock or other horticultural co 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 00 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. U (3) "Certificate of Occupancy" shall mean a certificate issued pursuant toIzi subdivision §85-8 of this Chapter. E 2 Packet Pg. 70 9.1.a (4) "Change in Occupant Permit" shall mean a permit issued pursuant to §85- E 13. 0 (5) "Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to §85-3(A) of this Chapter. E2 (6) "Code Enforcement Personnel" shall include the Code Enforcement Officer, the Fire Inspector, Deputy Fire Inspectors and all Inspectors. (7) "Demolition Permit" a Building Permit issued for the demolition of all or a portion of a building. (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. (9) "Energy Code" shall mean the State Energy Conservation Construction cm Code, as currently in effect and as hereafter amended from time to time. 19 NYCRR Part 1240. as (10) "Fire Inspector" shall mean the Fire Inspector appointed pursuant to §85- 3(C) of this Chapter. La d (11) "Inspector" shall mean an inspector appointed pursuant to §85-3(D) of this Chapter. (12) "Operating Permit" shall mean a permit issued pursuant to §85-11. The U term "Operating Permit" shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this Chapter. 0 (13) "Order to Remedy" shall mean an order issued by the Code Enforcement Officer pursuant to §85-17(A) of this Chapter. cm cm (14) "Permit Holder" shall mean the Person to whom a Building Permit has been issued. cm coe (15) "Person" shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or 00 description. cm (16) "Stop Work Order" shall mean an order issued pursuant to §85-7. 3 (17) "Town" shall mean the Town of Wappinger. 7@ U (18) "Town Board" shall mean the Town Board of the Town of Wappinger. j 3 Packet Pg. 71 9.1.a (19) "Uniform Code" shall mean the New York State Uniform Fire Prevention E and Building Code pursuant to 19 NYCRR § 1219.1, as currently in effect and as hereafter amended from time to time. 0 UiUi (B) If a word is not defined in this section, it shall have the meaning defined in the Uniform Code or Energy Code. 2 T §85-3 CODE ENFORCEMENT OFFICER, FIRE INSPECTOR AND INSPECTORS. S (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 provisions of the Uniform Code, the Energy Code, this Chapter and other provisions of the Town of Wappinger Code. Code Enforcement Officers shall be appointed by the 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. (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 his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this Chapter as permitted by NYS Executive Law and to Title 19 of the New York Administrative Code. d z (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 0 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 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 C4 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 co 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 00 be in accordance with the applicable NY Civil Service Law. CD (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, 0 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. 72 9.1.a including but not limited to 19 NYCRR Part 1208. Inspectors shall complete and maintain a level of training appropriate to their specific duties. 0 (1) Code Enforcement Officers appointed by the Town shall be certified and maintain their status as Certified Code Enforcement Officers pursuant to 19 NYCRR Part 1208. 2 T (2) Code Enforcement Personnel whose duties include only the inspection of S 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. (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, specifications and construction documents submitted with such CM applications; as (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 La conditions as the Code Enforcement Officer may determine to be d appropriate; z 3 (3) to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, and Operating Permits, fire safety 0 and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this Chapter; 0 (4) to issue Stop Work Orders pursuant to §85-7; CM CM e (5) to review and investigate complaints; CM M co (6) to issue compliance orders pursuant to §85-17(A); Ui (7) to maintain records required by law; 00e CD (8) to collect fees as set by the Town Board of the Town; CM (9) to pursue administrative enforcement actions and proceedings; 3 (10) to exercise all authority granted to a Town Building Inspector by Town Law § 138 and other provisions of New York State Law; U (11) to exercise all duties and powers conferred on the title by all otherIzi Chapters of the Town of Wappinger Code; E 5 Packet Pg. 73 9.1.a (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; 0 (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 T conditions not in compliance with the Uniform Code, the Energy Code or S this Chapter; and (14) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law. (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 any building business, in the furnishing of labor, materials or appliances for the C4 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 building or structure owned by him or her. to §85-4 APPLICABILITY. d (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. 0 (B) All buildings, structures and premises owned by the Town of Wappinger, wherever located, are subject to the provisions of this Chapter. 0 §85-5 BUILDING PERMITS. e (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 Ca co any building, structure, or any portion of a building or structure, or install any solid fuel burning heating appliance, chimney or flue without first having obtained a Building Permit from the Code Enforcement Officer. 00 e (B) Exemptions. No Building Permit shall be required for work in any of the following categories: C4 (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 0 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. 74 9.1.a (2) installation of swings and other playground equipment associated with a E one- or two-family dwelling or multiple single-family dwellings (townhouses); 0 w (3) installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are T installed entirely above ground; S E (4) installation of fences which are not part of an enclosure surrounding a swimming pool; (5) construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids; as (6) construction of temporary motion picture, television and theater stage sets ° and scenery; CDCM (7) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses); (8) installation of partitions or movable cases less than 5'-9" in height; LOd (9) painting, wallpapering, tiling, carpeting, or other similar finish work; (10) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (11) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (12) repairs,provided that such repairs do not involve: CMCM e (a) the removal or cutting away of a loadbearing wall, partition, orCD portion thereof, or of any structural beam or load bearing CO component; Uj (b) the removal or change of any required means of egress, or the M rearrangement of parts of a structure in a manner which affects 00 egress; W CD (c) the enlargement, alteration, replacement or relocation of any CM building system; or (d) the removal from service of all or part of a fire protection system for any period of time. Izi (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 E 7 Packet Pg. 75 9.1.a section, all construction work performed in the Town of Wappinger shall conform to E the requirements of the Uniform Code or the Energy Code. 0 (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 to be performed or an authorized agent of the owner. The application shall include such T information as the Code Enforcement Officer deems sufficient to permit a r- 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: (1) the tax map number and the street address of the premises where the work is to be performed; , (2) the zoning district of the premises; CM (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. as (4) a copy of the deed into the current owner of the property; to (5) a brief description of the proposed work; d Z (6) the estimated cost of the proposed work; (7) a statement of the proposed use(s) of all parts of the property as well as a U statement of the proposed uses or the proposed occupancy classification(s) for any affected building or structure; 0 (8) evidence that all proposed water supply and wastewater systems shall conform to the regulations of the New York State and Dutchess County Departments of Health. CM (9) copies of any driveway or work permits required for any work performed CM M within a public right of way issued by the appropriate jurisdiction as coUi required by Chapter 111 of the Town of Wappinger Code or the regulations of New York State or the County of Dutchess as applicable; 00e (10) copies of any other necessary permits, licenses, approvals or other authorizations from any other agency having jurisdiction over the work to CM be performed; 3 (11) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and U (12) at least 2 sets of construction documents (drawings and/or specifications) which: E 8 Packet Pg. 76 9.1.a (a) define the scope of the proposed work; E as (b) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; ra Ui (c) indicate with sufficient clarity and detail the nature and extent of the work proposed; (d) substantiate that the proposed work will comply with the Uniform T Code and the Energy Code; and E (e) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any 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. as (13) a Certificate of Workers Compensation insurance (form C-105.2 or U-26.3 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 recent survey certified by a licensed surveyor is required in addition to the application information required by subdivision (D) above. LO d (1) Preliminary Plot Plan. The preliminary plot plan shall depict the following: (a) The boundaries of the property; U (b) the topography of the property with elevation contours at two-foot _j, intervals; 0 (c) Lot line setback distances for any proposed structure, or addition; (d) proposed elevations for the foundation slab (lowest floor) and first CM floor; CM (e) Proposed grading and/or site disturbance; CM M CO (f) Proposed methods of erosion and sediment control; (g) Proposed elevations for the wastewater system components; 00 e (h) Setback distance from any proposed structure or addition to any e wetland, stream or water body within 100 feet thereof, CM (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 0 or water body within 100 feet thereof or such other distance as may be set forth by the Dutchess County Health Department in its 4) design approval; and 9 Packet Pg. 77 9.1.a (k) Any other information concerning either existing or proposed E conditions identified as necessary for the particular project as determined by the Code Enforcement Officer. 0 w (2) Interim Plot Plan. After the construction of the foundation, an Interim Plot Plan must be submitted to confirm that foundation has been constructed in compliance with the proposed plot plan. The Code T Enforcement Officer must approve the interim plot plan before further S construction can proceed. The interim plot plan shall depict the following: (a) Foundation location and elevations; (b) Driveway location and grades; (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 (d) Any other information concerning constructed conditions CM identified as necessary by the Code Enforcement Officer. (F) Construction documents. Construction documents will not be accepted as part of an 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 to accepted as part of the application for a Building Permit shall be marked as accepted by z 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 the work site so as to be available for use by the Code Enforcement Personnel. 0 However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. CM CM (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 CM application shall be signed by the owner of the property where the work is to be co performed or an authorized agent of the owner. The application shall include such Ui_ information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended demolition work 00 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 CM documentation: 3 (1) the tax map number and the street address of the premises where the work is to be performed; U (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. E 10 Packet Pg. 78 9.1.a (3) a copy of the deed into the current owner of the property; E as (4) a survey, showing the subject property prior to demolition. The building(s) 0 to be demolished should be shaded. Ua (5) a brief description of the proposed demolition work; T (6) copies of any other necessary permits, licenses, approvals or other S 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 proposed buildings and structures on the site, the location of any 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. (7) a Certificate of Workers Compensation insurance (form C-105.2 or U-26.3 CM as applicable) covering demolition work at the subject site. as (8) a pre-demolition asbestos survey of the structures by a licensed asbestos contractor, as required by New York State Department of Labor regulations, except for the following: to d (a) a one and two family dwellings where the owner is conducting the demolition work; (b) agricultural buildings; U 0 (c) buildings or structures for which original construction commenced on or after January 1, 1974; or (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. CM e (9) Original letter from the public utility indicating that all gas and electric CM services to the building or structure to be demolished have been co disconnected or have not been installed. (10) Confirmation from the water and sewer system operator for the Town that00 e water and sewer services have been disconnected or have not been installed. CM to (11) Demolition work shall comply with the applicable provisions of the Uniform Code. 7@ U (H) Waiver. The Code Enforcement Officer may waive the submission of any plan, J 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. 79 9.1.a (I) Issuance of Building Permits. An application for a Building Permit shall be examined E to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer 0 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 T requirements are set forth in the Uniform Code, or are contained within other laws, S 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 evidence of compliance with the intent of the Uniform Code. Nothing herein shall 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. (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 as determined by the Code Enforcement Officer. (L) Building Permits to be displayed. Building permits shall be visibly displayed at the to work site and shall remain visible until the authorized work has been completed. 6 3 (M) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit 0 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 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 C4 change is issued. (N) Duration of Permit. Building Permits shall become invalid unless the authorized work co 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 00 application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer. La (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 U 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 E 12 Packet Pg. 80 9.1.a provisions of the Uniform Code and the Energy Code and all future work then proposed E to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. 0 w (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 E2 permit application, the Code Enforcement Officer is authorized to retain the services of T such a professional consultant. The Code Enforcement Officer shall require the S 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. (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. §85-6 CONSTRUCTION INSPECTIONS. CM (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 authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (B) of this U) section is ready for inspection. 6 3 (B) Elements of work to be inspected. The following elements of the construction process shall be inspected made, where applicable: 0 (1) work site prior to the issuance of a Building Permit; (2) footing and foundation; 0 (3) preparation for concrete slab; CM CM e (4) framing; CD CMM (5) building systems, including underground and rough-in; coUi (6) fire resistant construction; 00e CD (7) fire resistant penetrations; CD CM (8) solid fuel burning heating appliances, chimneys, flues or gas vents; 3 (9) Energy Code compliance; and 7@ U (10) a final inspection after all work authorized by the Building Permit has j been completed. as 13 Packet Pg. 81 9.1.a (C) Inspection results. After inspection, the work or a portion thereof shall be noted as E 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 0 any applicable provision of the Uniform Code or Energy Code shall remain exposed Ua 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 completed. T (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. §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 Order to halt: CM (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, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building ,o Permit has or has not been issued for such work, or z 3 (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 such work is or is not work for which a Building Permit is required, and 0 without regard to whether a Building Permit has or has not been issued for such work, or 0 (3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building CM CM Permit that has become invalid, has expired, or has been suspended or revoked. CMM co (B) Content of Stop Work Orders. Stop Work Orders shall: Uj (1) be in writing, 00 e (2) be dated and signed by the Code Enforcement Officer, CM (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. 0 (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, E 14 Packet Pg. 82 9.1.a if the owner is not the Permit Holder, on the Permit Holder) personally or by certified E 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, 0 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 E2 sentence shall not affect the efficacy of the Stop Work Order. T (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 Stop Work Order. (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 for or limitation of, the right and authority to pursue any other remedy or impose any CM 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 as any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. §85-8 Certificates of Occupancy La d (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 occupancy shall have been issued. 0 (B) Certificates of Occupancy required for Work or Change of Use. A Certificate of 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. CM CM 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 CM of Occupancy. co w (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 00 Interim Plot Plan and Construction Documents. (D) Issuance of Certificates of Occupancy. The Code Enforcement Officer shall issue a CM 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 U 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 E 15 Packet Pg. 83 9.1.a shall inspect the building, structure or work prior to the issuance of a Certificate of E 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 0 be designated by or otherwise acceptable to the Code Enforcement Officer, at the Ua 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: E2 T (1) a written statement of structural observations and/or a final report of S special inspections, and (2) flood hazard certifications. (E) Contents of Certificates of Occupancy. A Certificate of Occupancy shall contain the following information: as (1) the Building Permit number, if any; CM (2) the date of issuance of the Building Permit, if any; as (3) the name, address and tax map number of the property; (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 a Occupancy is issued; z 3 (5) the zoning district in which the structure is located; U 0 (6) the use and occupancy classification of the structure under the Uniform Code and the Zoning Code; 0 (7) a certification from the Zoning Administrator that the structure complies with the Zoning Code; CM CM (8) the type of construction of the structure; CM (9) the assembly occupant load of the structure, if any; co w (10) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; 00Q e (11) any special conditions imposed in connection with the issuance of the Building Permit; and CM 3 (12) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy and the date of issuance. 7@ 0 (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 E 16 Packet Pg. 84 9.1.a Zoning Board of Appeals and any conditions attached to such approval shall be deemed E to be conditions of the Certificate of Occupancy even if they are not noted. 0 (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 property use. T (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, lawn seeding or blacktop driveway apron and improvements are non- safety-related. (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 weather conditions do not permit the proper planting of vegetation. All CM 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 "landscaping" shall mean lawn seeding and installation of plantings. La (3) In those cases where a certificate of occupancy has been issued pursuant to d (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 occupancy will be conditioned on all of the following: 0 (a) The property owner, contractor or developer seeking the certificate of occupancy must post a cash or certified check deposit with the 0 Town of Wappinger to be held in escrow, in an amount equal to 200% of the cost required to complete the improvements necessary to obtain the certificate of occupancy. As used in this subsection, CM the cost required to complete the improvements shall be the amount as determined by the Superintendent of Highways and/or Cs the Engineer to the Town. Ui (b) The escrow account may only be established between the dates of December 1 through April 1. All work required to obtain the 00 certificate of occupancy must be completed by June 1. (c) The property owner, contractor or developer seeking the certificate CM of occupancy must submit a written agreement between the property owner, contractor or developer and the Town providing � for such incomplete work to be completed no later than June 1 following the issuance of the certificate of occupancy. If the 0 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. 85 9.1.a complete the work and authorize payment to the third-party E contractor from the escrow funds deposited to guarantee that said work would be completed in a timely fashion. The owner of the 0 property and/or the contract vendee must give written consent to Ua permit any independent third-party contractor as well as the Code Enforcement Personnel to enter upon the property for the purposes of completing the required work and undertaking the necessary T inspections. The owner and the contract vendee must further S 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 such independent third-party contractor. (4) If a certificate of occupancy has been issued pursuant to this section and the required improvements are not completed within the time frames described above, the property owner shall be liable for civil penalties imposed pursuant to § 85-14. CM (H) Revocation or suspension of erroneous certificates. If the Code Enforcement Officer a� determines that a Certificate of Occupancy was issued in error because of incorrect, 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 to be specified by the Code Enforcement Officer, the Code Enforcement Officer shall z revoke or suspend such certificate. (I) Fee. The fee specified in or determined in accordance with the provisions set forth in U §85-18 must be paid at the time of submission of an application for a Certificate of Occupancy. §85-9 NOTIFICATION REGARDING FIRE OR EXPLOSION. The chief of any fire department providing firefighting services for a property within the Town of Wappinger shall promptly notify the Code Enforcement Officer of any fire or explosion CM involving any structural damage, fuel burning appliance, chimney or gas vent or open burning. CM M §85-10 UNSAFE BUILDING AND STRUCTURESco Ui (A) The Code Enforcement Officers or the Fire Inspector are hereby authorized to declare any building or structure unsafe due to neglect, fire, catastrophe, weather-related 00 conditions, or acts of God and to further declare that such building or structure is unsafe and unfit for human occupancy or habitation. CM (B) In addition to the remedies and provisions set forth in this chapter, Code Enforcement Officers or the Fire Inspector are authorized by the Town Board to enforce the 7@ provisions of Chapter 93 of the Town Code entitled"Unsafe Buildings." 0 18 Packet Pg. 86 9.1.a (C) Upon a determination that a building is unsafe, the Code Enforcement Officer or the E Fire Inspector shall post the building or structure, and such posting shall prohibit use, habitation or occupancy by the general public. 0 w (D) The Code Enforcement Officer or the Fire Inspector shall notify the Town Board and the property owner in accordance with the provisions of Chapter 93, Unsafe Buildings, and otherwise follow the procedures set forth in Chapter 93. T (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. §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: CM (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 incorporated by reference in 19 NYCRR section 1225.1; La (2) hazardous processes and activities, including but not limited to, d commercial and industrial operations which produce combustible dust as a z byproduct, fruit and crop ripening, and waste handling; (3) use of pyrotechnic devices in assembly occupancies; 0 (4) buildings containing any assembly occupancies with an occupant load of 50 persons or more; 0 (5) amusement buildings; CM CM (6) auto detailing shops; CM (7) aviation facilitates; cMo Uj (8) barber shops and beauty parlors; 00e (9) buildings with automatic fire-extinguishing/suppression systems; e (10) building with fire alarm & detection system; CM 3 (11) buildings that store liquid or gas fueled equipment; 7@ U (12) day care centers not regulated by OFPC 0 (13) dry cleaning operations; 19 Packet Pg. 87 9.1.a (14) gasoline stations; E as (15) elevators; 0 (16) high-hazard occupancies (ICC Building Code Group H); (17) high-piled storage; T (18) institutional occupancies (ICC Building Code Group I); (19) junkyards; (20) LP-gas storage; (21) lumber yards; as (22) multiple residential occupancies (ICC Building Code Uses R-1, R-2, R-4); CM (23) multi-tenant office buildings; (24) nail salons; (25) private fire hydrants; to d (26) private schools (27) repair garages; U 0 (28) rooftop heliports; (29) standpipe systems; 0 (30) storage of tires and tire byproducts; CM CMe (31) temporary membrane structures and tents; and CMM (32) woodworking plants co (B) Operation Permits Required before Operation. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision shall 00 be required to obtain an Operating Permit prior to commencing such activity or operation. CM (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 U 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 E 20 Packet Pg. 88 9.1.a Enforcement Officer determines that tests or reports are necessary to verify E 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 0 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 T issuance of an Operating Permit. S (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 Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Fire Inspector or Code Enforcement Officer may, in his or her discretion, issue a single Operating Permit to apply to all such activities. , (F) Duration of Operating Permits. Operating permits shall have a duration of one year - 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 Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, to such Operating Permit shall be revoked or suspended upon notice to the owner and/or z 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, 0 for an amended Operating Permit, or for reissue or renewal of an Operating Permit. §85-12 FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS 0 (A) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Fire Inspector, Code Enforcement Officer or C4 an Inspector designated by the Code Enforcement Officer at the following intervals: C4 M co (1) Fire safety and property maintenance inspections of buildings or structures which contain any assembly occupancies with an occupant load of 50 persons or more shall be performed at least once every twelve (12) 00 months. e (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. 7@ (3) Fire safety and property maintenance inspections of all multiple dwellings 0 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. 89 9.1.a paragraphs (1) or (2) of this subdivision, shall be performed at least once E every thirty-six (36) months. 0 (4) Agricultural buildings used directly and solely for agricultural purposes are not subject to fire-safety inspection. (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: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; as (2) receipt by the Fire Inspector or Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the CM Uniform Code or Energy Code exist; or as (3) receipt by the Fire Inspector or Code Enforcement Officer of any other information, reasonably believed by the Fire Inspector or Code Enforcement Officer to be reliable, giving rise to reasonable cause to to believe that conditions or activities failing to comply with the Uniform d Code or Energy Code exist; z 3 (4) provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court 0 order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. 0 (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 CM State Office of Fire Prevention and Control ("OFPC") and the New York State Fire CM Administrator under Executive Law section 156-e and Education Law section 807-b. CD Notwithstanding any other provision of this section to the contrary: s w (1) the Fire Inspector or Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a building or structure 00 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; CM (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 0 maintenance inspections of such building or structure at least once every twelve(12) months; E 22 Packet Pg. 90 9.1.a (3) the Fire Inspector or Code Enforcement Officer shall not perform fire E safety and property maintenance inspections of a multiple dwelling not included in paragraphs (1) or (2) of subdivision (a) of this section if OFPC 0 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 (4) the Fire Inspector or Code Enforcement Officer shall not perform fire S 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 occupancy at intervals not exceeding the interval specified in paragraph (3) of subdivision (a) of this section.] as (D) Fee. The fee specified in or determined in accordance with the provisions set forth in §85-18 must be paid prior to or at the time each inspection performed pursuant to this CM section. This subdivision shall not apply to inspections performed by OFPC. §85-13 CHANGE OF OCCUPANT IN NON-RESIDENTIAL BUILDING (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, 6 the occupant or their agent prior to occupancy by the new occupant. The Change in Occupant application shall include: (1) the tax map number and the street address of the premises where the work 0 is to be performed; (2) the full name and address of the owner and the applicant, if different, and 0 if a corporate entity, the name and address of the responsible officers. CM (3) a copy of the deed into the current owner of the property; CM (4) the name of the new occupant; CM cow (5) a brief description of the proposed occupancy and use; (6) the hours of operation; 00 e (7) a statement of whether or not the business is open to the public; CM to (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 U (10) copies of any necessary permits, licenses, approvals or other authorizations required to conduct the business. E 23 Packet Pg. 91 9.1.a (B) Where there is no change in the type of use under the Uniform Code, and no work is E being done for which a building permit is required, a Change of Occupant application shall be submitted prior to occupancy. 0 w (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 be applied for in addition to the building permit. T (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. (E) 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 Change of Occupant. as §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 or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the La following steps as the Code Enforcement Officer or Fire Inspector may deem to be d appropriate: z 3 (1) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; 0 (2) if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation 0 with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 15 (Violations) of this Chapter; C4 (3) if appropriate issuing a Stop Work Order; cow (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, preparing a final written report reflecting such abatement or correction, 00 e 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, 0 including records of: (1) all applications received, reviewed and approved or denied; 24 Packet Pg. 92 9.1.a (2) all plans, specifications and construction documents approved; E as (3) all Building Permits, Certificates of Occupancy, Stop Work Orders, and 0 Operating Permits issued; (4) all inspections and tests performed; T (5) all statements and reports issued; S E (6) all complaints received; (7) all investigations conducted; (8) all other features and activities specified in or contemplated by sections 4 through 12, inclusive, of this Chapter, including; and (9) all fees charged and collected. C4 (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 appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. to §85-16 PROGRAM REVIEW AND REPORTING Z 3 (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 U 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. (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 C4 Uniform Code. (C) The Code Enforcement Officer shall, upon request of the New York State Department co of State, provide to the New York State Department of State, from the records and Ui_ related materials Town of Wappinger is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of Town of 00 e Wappinger in connection with administration and enforcement of the Uniform Code. §85-17 VIOLATIONS (A) Orders to Remedy 7@ U (1) The Code Enforcement Officer or Fire Inspector is authorized to order in j writing the remedying of any condition or activity found to exist in, on or as 25 Packet Pg. 93 9.1.a about any building, structure, or premises in violation of the Uniform E Code, the Energy Code, or this local law. An Order to Remedy shall: 0 (a) be in writing; r- w (b) be dated and signed by the Code Enforcement Officer; (c) specify the condition or activity that violates the Uniform Code, the Energy Code, or this Chapter; T (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 similar to the following: (i) "The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to Remedy by [specify date], which is thirty (30) days after the CM date of this Order to Remedy." (2) The Order to Remedy may include provisions ordering the person or entity ams served with such Order to Remedy: (a) to begin to remedy the violations described in the Order to Remedy La immediately, or within some other specified period of time which 6 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 thirty (30) days of the date of such Order to Remedy; and/or 0 (b) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are 0 authorized by this local law or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem appropriate, during the period CM while such violations are being remedied. CMM co (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) e days after the date of the Order to Remedy. 00CD e CD (4) The Code Enforcement Officer or Fire Inspector shall be permitted, but CM not required, to cause the Order to Remedy, 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 being performed at the affected property personally or by 0 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. 94 9.1.a mentioned in this sentence shall not affect the efficacy of the Compliance E Order. 0 (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 E2 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 violation of this Chapter or of Article 18 of the New York State Executive Law. (2) Penalty. A violation of any provision of this Chapter shall be deemed an offense punishable by: CM (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 Code or a period of imprisonment not to exceed 15 days for a second offense, committed within 5 years of a conviction under to this chapter; z (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, U committed within 5 years of prior convictions under this chapter. (3) Each day's violation shall be deemed a separate offense. (C) Civil Penalties. Every person violating any provision of this Chapter shall be subject to a civil penalty: CM e (1) For the first offense— a civil penalty in a minimum amount of$100.00 and 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 amount00 of$500.00 and a maximum amount of$5,000.00; and CM (3) Each day's violation shall be deemed a separate offense. 3 (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 U competent jurisdiction. 27 Packet Pg. 95 9.1.a (D) Injunctive Relief. An action or proceeding may be instituted in the name of Town of E 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 0 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 Chapter. In particular, but not by way of limitation, where the construction or use of a T building or structure is in violation of any provision of the Uniform Code, the Energy S 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 other court having the requisite jurisdiction, to obtain an order directing the removal of 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. (E) Remedies Not Exclusive. CM (1) No remedy or penalty specified in this section shall be the exclusive a� 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 to or penalties specified in this section, in §85-7 Stop Work Orders, in any z 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 U penalty specified in this section, in §85-7 Stop Work Orders, in any other section of this Chapter, or in any other applicable law. (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 CM 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 e whether prior to, simultaneously with, or after the pursuit of any penalty co specified in subdivision (2) of section 382 of the Executive Law. §85-18 FEES 00 Q e The fees payable under this Chapter shall be governed by the schedule set forth in Charter 122, Article IV, § 122-16, of the Code of the Town of Wappinger as it may be amended from time to CM time. 3 §85-19 APPEALS AND VARIANCES. U 0 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 E 28 Packet Pg. 96 9.1.a 440 of Title 19 of the New York Code of Rules and Regulations. Whenever it is claimed that the E 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 0 person affected may appeal from the decision of the Code Enforcement Officer to the Regional Ua 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 E2 Board of Review. T §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 of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. as §85-21 FIRE PREVENTION BUREAU (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. (B) The Bureau shall consist of eight members: two members from each of the fire districts 0 in the Town of Wappinger plus a Code Enforcement Officer, or his designee, and the to Town Fire Inspector, or his designee. The members from each of the fire districts shall z 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 U the balance of the term. (C) Duties and Powers of Bureau of Fire Prevention. (1) The Planning Board, the Zoning Board and Code Enforcement Officers may refer land use applications in the Town of Wappinger referred to the C4 Bureau of Fire Prevention to make recommendations as to: (a) The minimum acceptable width of roads used as access or egress co for fire apparatus to apartments, commercial or general business ua buildings or shopping area complexes; (b) Hydrant locations in apartments, commercial or general business 00 buildings or shopping area complexes; (c) Access to the hydrants and availability of fire lanes to and adjacent to to apartments, commercial or general business buildings or shopping area complexes; and (d) Other aspects of the application related to fire safety. U Izi (2) In consultation with the Town Board, require the inspection of all hydrants installed within the Town of Wappinger,privately or publicly owned; E 29 Packet Pg. 97 9.1.a (3) In consultation with the Town Board, create a schedule of periodic testing E for all hydrants within the Town. 0 (D) All hydrants in the Town of Wappinger shall be maintained in an operable condition Ui 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 owners. §85-22 LIABILITY. (A) The Town of Wappinger assumes no responsibility or liability for the failure of any Code Enforcement Officer to make any inspections otherwise required by this chapter. (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 pursuant to the provisions of this chapter. §85-23 INTERMUNICIPAL AGREEMENT. as 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 of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other to applicable law. z 3 §85-24 PARTIAL INVALIDITY If any section of this Chapter shall be held unconstitutional, invalid, or ineffective, in whole or in 0 part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this Chapter. 0 §85-25 INTERPRETATION OF OTHER CONFLICTING CODE PROVISIONS The provisions of this Chapter are intended to control with respect to issues governed by the C4 .. 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 co Wappinger, the provisions of this Chapter shall govern. §85-26 EFFECTIVE DATE 00Q 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 U follows § 240-108 Building permits. isis 30 Packet Pg. 98 9.1.a (A) Building Permits shall be issued in accordance with § 85-5 of the Town Code. E as (B) General rule. No building or structure shall be erected, constructed, enlarged, 0 structurally altered or moved until a permit therefor has been issued by the Code Ua 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 erection, construction, enlargement, addition, alteration or moving thereof would be in T violation of any of the provisions of this chapter. S (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. 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: CM § 240-109 Certificate of occupancy. as (A) Certificates of Occupancy shall be issued in accordance with § 85-8 of the Town Code. (B) General rule. It shall be unlawful for an owner to use or permit the use of any building to or premises or part thereof hereafter created, erected, changed, converted or enlarged, d wholly or partly, in its use or structure until a certificate of occupancy shall have been z issued. � (C) Continued conformity required. A certificate of occupancy shall be deemed to 0 authorize and is required for both initial, continued or changed occupancy and use of the building or land to which it applies. It shall continue in effect as long as such building and the use thereof or of such land is in full conformity with the provisions of 0 the Zoning Law and other requirements of the Town of Wappinger Code. CM (D) Existing structures. Upon written request from the owner and on payment to the Town CM of the prescribed fee, in accordance with the current fee schedule as set forth in Chapter CD 122 Article N § 122-16N of the Code the Zoning Administrator shall issue a CM co 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 00 disposition of the building or premises conforms with the provisions of this chapter. Section -VI: 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; 0 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. 99 9.1.a such rearranging of the numbering and editing shall not effect the validity of this Local Law or E the provisions of the Code effected thereby. 0 Section -VII: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any T person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not S 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, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. , Section -VIII:Effective Date: cm This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. as 4- to d U 0 0 cm cme CD cm CD e M 00 CD e CD cm U 0 U 32 Packet Pg. 100 9.2.a LOCAL LAW NO. 6 OF THE YEAR 2016 as 0 A Local Law entitled "Local Law No. 6 of the Year 2016, Amending Chapter 133 of the 0 Town Code known as Flood Damage Prevention." 0 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section L• Title: This Local Law shall be known and cited as Town of Wappinger, "Local Law No. 6 of the Year 2016, Amending Chapter 133 of the Town Code known as Flood Damage Prevention." cc Section IL• Legislative Intent: W The purpose of this Local Law is to further amend the Flood Insurance Rate Map (FIRM) Z 3 map panel numbers as required by the New York State Department of Environmental 7@ U 0 Conservation, Division of Water, Bureau of Flood Protection and Dam Safety to reflect recent Letter of Map Revisions. 0 Section III: Amendments to Chapter 133: "Flood Damage Prevention": 00 Subdivisions (4) and (5) of Section 133-6 entitled "Basis for Establishing Areas of Special Flood Hazard" is amended to read as follows: co w "§ 133-6. Basis for Establishing Areas of Special Flood Hazard. e (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. as (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. @ 0 1 Packet Pg. 101 9.2.a Section IV: Reconfirmation and Ratification: as 0 Except as herein modified and amended, "Local Law No. 3 of the Year 2016, Amending 0 Chapter 133 of the Town Code known as Flood Damage Prevention" is hereby otherwise ratified 0 and reconfirmed. as Section V: 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; CMW the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be z 3 changed to "Chapter," "Section" or other appropriate word as required for codification; and any 7@ U 0 such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code effected thereby. 0 Section VI: Separability: 00 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 w 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 e 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 as would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to 7@ which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. 0 Section VII: Effective Date: a E isis 2 Packet Pg. 102 9.2.a This Local Law shall become effective immediately upon filing with the Secretary of as 0 State as provided by law Municipal Home Rule Law. C 0 4- Cm d U 0 Tj 0 CO Cm Cme Cm Ui e e C 4) e U 0 IziC 4) 3 Packet Pg. 103 9.4.a M NOTICE OF PUBLIC HEARING co NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York, will meet in the Town Hall, in Wappingers Falls, New York, in said Town, on October 11, 2016, at 7:30 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report, including an estimate of cost, in relation to the proposed increase and improvement of the facilities of United Wappinger Sewer District, in as said Town, being the District's share of the cost of the replacement and relining of sections of the 0 trunk sewer line and installation of access roads along the sewer line right of way to the Tri- Municipal Sewage Treatment Plant for said Sewer District including appurtenances and P g g PP U. incidental improvements and expenses in connection therewith, at a maximum estimated cost of $217,104.00. This project has been determined to be a Type II Action under the regulations E promulgated under the State Environmental Quality Review Act ("SEQRA") and Chapter 117 of the Code of the Town ("WEQRA") and SEQRA/WEQRA compliance materials, are available E for inspection at the Office of the Town Clerk where they may be inspected during normal business s� hours. as At said public hearing said Town Board will hear all persons interested in the subject as matter thereof. cm Dated: Wappingers Falls,New York, September 12, 2016. cme co UJ BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORKcm e CD CD e JOSEPH P. PAOLONI cm Town Clerk Packet Pg. 104