Loading...
2020-09-14 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ~ Minutes ~ Joseph Paoloni (845)297-5771 Monday, September 14, 2020 7:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present William H. Beale Town of Wappinger Councilman Present Angela Bettina Town of Wappinger Councilwoman Absent Christopher Phillips Town of Wappinger Councilman Present Al Casella Town of Wappinger Councilman Present Cooper M Leatherwood Town of Wappinger Deputy Town Clerk Present Joseph P. Paoloni Town of Wappinger Town Clerk Present II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 2. Motion To: Acknowledge Minutes of August 24, 2020 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina IV. Supervisor's Report The supervisor gave his report. In it gave a shout out to volunteers for earth day. Town of Wappinger Page 1 Printed 9/24/2020 Regular MeetingMinutesSeptember 14, 2020 V.Financial Review Frederick Awino gave his report for July to end of August. Summary: Revenues: Rental property up 84% Mortgage tax increase $86,000 Building permits up 72% No other towns have received chips money. Expenses: Floor votes: To move $12,000 from Fund Balance to 1620.150 Moved: Beale Second Casella Passed Unanimous To move $1,800 from fund balance to Workers comp. Moved: Casella Second: Beale Passed Unanimous To add $4,000 to COVID19 expenses Moved: Beale Second Casella Passed Unanimous 1. Financial Report VI. Public Hearings Resolution Introducing Local Law No. 3 Of 2020 Which Would Amend Chapter 240, Zoning, Chapter 217, Subdivision Of Land, Chapter 145, Go-Carts, And Chapter 122, Fees And Fines, Of The Town Code With Respect To A Variety Of Matters Town of Wappinger Page 2 Printed 9/24/2020 Regular MeetingMinutesSeptember 14, 2020 RESULT:ADJOURNED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina VII. Public Portion 1. Motion To: Open Public Portion George Silvestri thanked the board for being able to hookup to the water. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 2. Motion To: Close Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina VIII. Discussions 1. 311 App COMMENTS - Current Meeting: Supervisor Thurston and Joseph Cavaccini presented the 311 application. The app is designed for communicating concerns and complaints and alerts within the Town that they can receive on there phones. They are still in a discussion phase with several app developers. The supervisor discussed how the pages will look and function. More details can be found on the video on the town website. 2. 311 App Details 3. Motion To: Approve Jame's Warriors Car Show Joey Cavaccini and Donna Thomas from James's Warriors presented on having a car show to raise awareness of mental illness and suicide. They want to have the cars at Carnwath behind the carriage house. They would follow social distancing guidelines. Donna explained her organization. Their last event raised about $19,000. Donna was looking to have the event on Town of Wappinger Page 3 Printed 9/24/2020 Regular MeetingMinutesSeptember 14, 2020 October 18. The cars would arrive between 10PM to 12PM. The Show would be from 1PM to 4PM. They received provisional approval for this event. More details are on the video on the town website. A Certificate of Insurance to the Town Of Wappinger is required. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 4. Randy Ross - Spook Hill Park Update Randy presented an Overview. He said there is $100,000 block grant for phase 1 on construction which included reconfiguring parking lot and fixing up bathrooms. Further details are on video on the town website. 5. Kevin Hathorn - Veteran's Affairs Update Kevin Hathorn presented an update of Veteran's Affairs and the Hometown Hero's Banners. Floor motions: To start the process: Moved: Beale Second: Casella Passed Unanimous Acquire Mailbox Storage for American Flags Moved Beale Second: Phillips Passed Unanimous Nothing was given to the Town Clerk for filing these minutes. 6. Renaming Spook Hill Park The Supervisors discussed renaming Spookhill Park to Helen Fuimarello Memorial Park. IX. Resolutions RESOLUTION: 2020-110 Resolution Accepting Padasana Court And Related Easements For All Angels Heights Subdivision Together With Maintenance Agreement Secured By Cash Deposit WHEREAS, westerly side of All Angels Hill Road, and WHEREAS, RJA HLD made application to the Town of Wappinger Planning Board to approve a WHEREAS, the Town of Wappinger Planning Board granted Conditional Final Subdivision Plat Approval by Resolution dated November 17, 2014, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as shown on the aforesaid Plat as required by the Town of Wappinger Subdivision Regulations; and Town of Wappinger Page 4 Printed 9/24/2020 Regular MeetingMinutesSeptember 14, 2020 WHEREAS, the Plat was filed in the office of the Dutchess County Clerk on October 21, 2016 as Filed Map 11701B; and WHEREAS, by letter dated April 30, 2020, the Engineers to the Town have advised that the construction of Padasana Court and the related improvements have been completed; and WHEREAS, pursuant to §214-43 of the Town of Wappinger Code, RJA HLD is required to post a highway construction guaranty in the form of a bond or performance guarantee in an amount equal to $104,937.08, which is 20% of the cost of construction, to be held for a period of three years to guarantee that any defects of the type described in §214-76(B) shall be cured; and WHEREAS, RJA HLD tendered to the Town of Wappinger a deed for the right of way for Padasana Court from R.J.A. HLD. INC. together with the associated transfer documents all in recordable form and approved by the Attorney to the Town, James P. Horan, Esq.; and WHEREAS, the Superintendent of Town Highways and the Engineer to the Town have recommended that the Town Board accept Padasana Court as a town; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger to accept Padasana Court as a Town Highway together with the drainage facilities and other public improvements located in the highway right of way, except those specifically excepted by the subdivision plat. 2. The Town Board hereby accepts a maintenance bond in the amount of $104,937.08 as a highway construction guaranty in accordance with §214-43 of the Town of Wappinger Code which shall be held for a period of three years to guarantee that any defects of the type described in §214-76(B) shall be cured. 3. The Maintenance Agreement executed by RJA HLD, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the road and other public improvements will be free from defects in materials and workmanship for a period of three years from the date of acceptance by the Town as required by §214-43. 4. This acceptance is expressly conditioned upon RJA HLD delivering the right of way and the public improvements to the Town free and clear of any liens or encumbrances, and upon payment by RJA HLD of all outstanding fees and escrow reimbursements due to the Town. 5. The Town Supervisor and the Attorney to the Town are authorized to execute any and all documents necessary for the recording of the deed and easements from RJA HLD. 6. The Attorney to the Town is directed to cause the deed and easements to be filed in the property records of the Dutchess County Clerk. 7. Upon its return from the County Clerk, the Town Clerk is directed to file the deed for the town highway in his files as required by Highway Law §171(1). The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-110 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Seconder Tabled Angela Bettina Voter Withdrawn Christopher Phillips Voter Next: 9/28/20 7:00 PM Al Casella Mover Dated: Wappingers Falls, New York September 14, 2020 The Resolution is hereby duly declared Tabled. Town of Wappinger Page 5 Printed 9/24/2020 Regular MeetingMinutesSeptember 14, 2020 RESOLUTION: 2020-126 Resolution Adopting Local Law No. 3 Of 2020 Which Would Amend Chapter 240, Zoning, Chapter 217, Subdivision Of Land, Chapter 145, Go-Carts, And Chapter 122, Fees And Fines, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of Local Law No. 3 of 2020 which would amend Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go-Carts, and ; and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on July 13, 2020 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, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go-Carts, and Chapter 122, Fees and Fines, of the Town Code with respect to a variety of matters; and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, on July 13, 2020 and pursuant to the State Environmental Quality Review Act regulations, the Town Board adopted a Negative Declaration, thereby finding that the Proposed Action will not result in any significant adverse environmental impacts, that a Draft Environmental Impact Statement will not be required, and that the SEQRA process is complete; and WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this resolution. Town of Wappinger Page 6 Printed 9/24/2020 Regular MeetingMinutesSeptember 14, 2020 NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law, and the Town Board hereby adopts Local Law No. 3 of 2020, a copy of which is attached hereto and made a part of this Resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and 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-2020-126 Yes/Aye No/Nay Abstain Absent Adopted Adopted as Amended Richard Thurston Voter Defeated William H. Beale Voter Tabled Angela Bettina Voter Withdrawn Christopher Phillips Seconder Next: 9/28/20 7:00 PM Al Casella Mover Dated: Wappingers Falls, New York September 14, 2020 The Resolution is hereby duly declared Tabled. RESOLUTION: 2020-150 Resolution Adopting The Retention And Disposition Schedule For New York Local Government Records (LGS-1) BE IT RESOLVED, by the Town Board of the Town of Wappinger that the Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein; and BE IT FURTHER RESOLVED, that in accordance with Article 57-A: (a) only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein; (b) only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 7 Printed 9/24/2020 Regular MeetingMinutesSeptember 14, 2020 Vote Record - Resolution RES-2020-150 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Mover Dated: Wappingers Falls, New York September 14, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-151 Resolution Authorizing Water Tenancy Agreement For 91 Old Hopewell Road (Grogan) WHEREAS, John D. Grogan owns a single family residence at 91 Old Hopewell Road in the Town of Wappinger which shares a private well with 93 Old Hopewell Road; and WHEREAS, the shared well has insufficient capacity to supply both properties and the yield from the shared well does not meet the requirements of the Dutchess County Sanitary Code and both properties frequently lack water; and WHEREAS, Grogan has requested to enter into a tenancy agreement for the supply of water from until such time as the United Wappinger Water District is extended to include his property; and WHEREAS, the connection of the Property to the UWWD water main located in Old Hopewell Road is as a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5(c)(11); and WHEREAS, the Attorneys to the Town drafted a Water Tenancy Agreement to supply water to the property; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: 1) The Project is a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5(c)(11). 2) The Town Board hereby approves the Water Tenancy Agreement with Grogan in the form attached hereto. 3) The Town Board hereby authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-151 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Voter Town of Wappinger Page 8 Printed 9/24/2020 Regular MeetingMinutesSeptember 14, 2020 Dated: Wappingers Falls, New York September 14, 2020 The Resolution is hereby duly declared Adopted. RESOLUTION: 2020-152 Resolution Authorizing Water Tenancy Agreement For 93 Old Hopewell Road (Tapia- Cornejo) WHEREAS, Gilberth Tapia-Cornejo and Angelica Mesias- residence at 93 Old Hopewell Road in the Town of Wappinger which shares a private well with 91 Old Hopewell Road; and WHEREAS, the shared well has insufficient capacity to supply both properties and the yield from the shared well does not meet the requirements of the Dutchess County Sanitary Code and both properties frequently lack water; and WHEREAS, the Owners have requested to enter into a tenancy agreement for the supply of water Road until such time as the United Wappinger Water District is extended to include their property; and WHEREAS, the connection of the Property to the UWWD water main located in Old Hopewell Road is as a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5(c)(11); and WHEREAS, the Attorneys to the Town drafted a Water Tenancy Agreement to supply water to the property; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that: 1) The Project is a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6 NYCRR 617.5(c)(11). 2) The Town Board hereby approves the Water Tenancy Agreement with the Owners in the form attached hereto. 3) The Town Board hereby authorizes and directs a majority of the Town Board to sign the Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11). 4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2020-152 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York September 14, 2020 The Resolution is hereby duly declared Adopted. Town of Wappinger Page 9 Printed 9/24/2020 Regular MeetingMinutesSeptember 14, 2020 RESOLUTION: 2020-153 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log 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-2020-153 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York September 14, 2020 The Resolution is hereby duly declared Adopted. X.Items for Special Consideration/New Business Streetlights For Sgt. Palmateer Way - Document needs To be signed and attach resolution with it. To move $2,000 to the Sargent Palmateer line 710.0499 Moved: Casella Second: Phillips Passed: Unanimously General items discussed were buildings and grounds, software, and an update on Quiet Acres Park. Town of Wappinger Page 10 Printed 9/24/2020 Regular MeetingMinutesSeptember 14, 2020 XI.Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina 2. Motion To: Return From Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina XII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:36 PM. ____________________ Joseph P. Paoloni Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella ABSENT: Angela Bettina Town of Wappinger Page 11 Printed 9/24/2020 5.1 Communication: Financial Report (Financial Review) Packet Pg. 12 5.1 Communication: Financial Report (Financial Review) Packet Pg. 13 8.1 Communication: 311 App (Discussions) Packet Pg. 14 8.2 Communication: 311 App Details (Discussions) Packet Pg. 15 8.2 Communication: 311 App Details (Discussions) Packet Pg. 16 8.2 Communication: 311 App Details (Discussions) Packet Pg. 17 9.1.a ROAD MAINTENANCE AGREEMENT SECURED BY BOND FOR PADASANA CORT (All Angels Heights Subdivision) WHEREAS, the undersigned, R.J.A. HLD., INC, having an address of 51 Myers Corners Road, Wappingers Falls, NY 12590, completed the roads and other required public improvements in connection with , which map has been filed in the Dutchess County Office as filed map number 11701B on October 21, 2016 (hereinafter the Subdivision which have been dedicated and accepted by the Town of Wappinger (hereinafter ; and WHEREAS, pursuant to §214-43(B) of the Town of Wappinger Code the undersigned is required to guarantee that the quality and workmanship of any roads and public improvements to be dedicated to the Town in connection with the aforementioned Subdivision, will be free from defects in materials and workmanship for a period of two years from the date of acceptance by the Town; and NOW, THEREFORE, R.J.A. HLD., INC. guarantees that the quality and workmanship of the roads and other public improvements constructed and installed in connection with the Subdivision will be free from defects in materials and workmanship for a period of three years from the date of acceptance of said roads and improvements by the Town, and as security for this Maintenance Agreement, the undersigned delivers to the Town the following security for the faithful performance of the obligations contained herein a Road Maintenance Bond issued by _____________________________ bearing number ______________________, in the principal sum of One Hundred Four Thousand Nine Hundred Thirty Seven and 08/1000 ($104,937.08) issued in favor of the Town of Wappinger and the undersigned consents to the terms thereof as security for the obligations contained herein. Date: May ____, 2020 R.J.A. HLD., INC, ________________________________ By: Robert Macho, President STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) On the ____ day of May 2020, before me, the undersigned, personally appeared Robert Macho personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. _____________________________ Notary Public Attachment: All Angels Heights Maintenance Agreement for Roads (RES-2020-110 : Accepting Padasana Court And Related Easements For All Packet Pg. 18 9.1.b Attachment: 20200506-Padasana Crt Ltr (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights Packet Pg. 19 9.2.a Attachment: HD to HB Rezoning (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees Packet Pg. 20 9.2.b Attachment: Marlorville Rd Rezoning (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Packet Pg. 21 9.2.c Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines) Packet Pg. 22 9.2.c Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines) Packet Pg. 23 9.2.c ToDate #pgs Dutchess County Department of Co./Dept.From Only Planning and Development Fax Info Fax #Phone # 239 Planning/Zoning Referral - Exemption Communities Municipality:Town of Wappinger Referring Agency: Municipal Board Tax Parcel Numbers(s): 0088350000, 9968420000, 9878520000, 9598700000, 9488750000, 9609030000, 9658930000, 9739120000, 9768920000, 9778840000, 9898930000, 9918750000, 0108600000, 0328720000, 0278800000, 0178910000... Project Name: Local law 2 of 2020 - several code changes and rezonings Applicant:Town of Wappinger Address of Property: Exempt Actions:*Actions Requiring 239 Review Parcels within 500 feet of: 239 Review is NOT Required Comprehensive/Master Plans State Road: Administrative Amendments (fees, Zoning Amendments (standards, uses, procedures, penalties, etc.) County Road: definitions, district regulations, etc.) Special Permits for residential uses Rezonings involving all map changes State Property (with recreation area (accessory apts, home occupations, or public building) etc.) Site Plans (all) County Property (with recreation Use Variances for residential uses area or public building) Special Permits for all non-residential uses Please Fill in this section Area Variances for residential uses Municipal Boundary Use Variances for all non-residential uses Renewals/Extension of Site Plans or Farm operation in an Agricultural Special Permits that have no changes District Area Variances for all non-residential uses from previous approvals No Authority to review these Actions Other Local Laws associated with zoning Subdivisions / Lot Line Adjustments (wetlands, historic preservation, affordable housing, architectural review, etc.) Interpretations Other (Describe): Exempt Action submitted for informal review Date Response Requested: 7/8/2020 Entered By: Tuttle, Dylan *These actions are only exempt in municipalities that signed an intermunicipal agreemment with Dutchess County to that effect.* For County Office Use Only Response From Dutchess County Department of Planning and Development No Comments:Comments Attached: Matter of Local ConcernLocal Concern with Comments No JurisdictionConditional No AuthorityDenial WithdrawnIncomplete with Comments- municipality must resubmit to County Informal Comments Only (Action Exempt from 239 Review) Incomplete - municipality must resubmit to County Exempt from 239 Review None Date Submitted:6/15/2020 Notes: Major Project Date Received:6/18/2020 Referral #: ZR20-142 Date Requested:7/8/2020 Date Required:7/15/2020 Also mailed Reviewer: hard copy Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines) Date Transmitted:7/9/2020 Date Printed: 7/9/2020 Packet Pg. 24 9.4.a TENANCY AGREEMENT FOR CONNECTION TO THE UNITED WAPPINGER WATER DISTRICT th THIS AGREEMENT made the 14 day of September, 2020 by and between the Town of Wappinger, acting through its elected Town Board on behalf of the UNITED WAPPINGER WATER DISTRICT, a special improvement district operating under Article 12 of the Town Law UWWD having offices at 20 Middlebush Road Wappingers Falls, New York 12590 AND JOHN D. GROGAN residing at 91 Old Hopewell Road Wappingers Falls, New York 12590 W I T N E S S E T H: WHEREAS, Owner is the fee simple owner of a parcel of approximately 0.33 acres of land located in the Town of Wappinger, County of Dutchess, State of New York having an address of 87 Old Hopewell Road, Wappingers Falls, NY and designated as Tax Parcel Grid Identification Number 6157-01-128597 (the Property WHEREAS, the Property is more fully described by metes and bounds descriptions attached WHEREAS, the Property is a single family residence; and WHEREAS, the water supplied by the existing well does not comply with applicable health department standards and the Owner desires to obtain municipal water for the property; and WHEREAS, the property is not currently located within a Water District in the Town of Wappinger but the property abuts the UWWD water main that is located within the Old Hopewell Attachment: GROGAN WATER TENANCY AGREEMENT - REV DATE 2020-09-10.docx (RES-2020-151 : Resolution Authorizing Water Tenancy Packet Pg. 25 9.4.a Road Right of Wayand awater shutoff valve is located within the Right of Way for a future connection to the property; and WHEREAS, the parties have determined that it is desirable to provide water service to the Property by the creation of a water tenancy agreement; and WHEREAS, the UWWD has sufficient capacity to meet the water demand of the Property which is estimated at Three Hundred and Thirty gallons per day (330 gpd); and WHEREAS, UWWD is willing to provide water service to the Property and to allow access over its pipes, mains, pump station and infrastructure for the water service to the Property provided that the New York State Department of Environmental Conservation issues a Water Supply Permit to allow the UWWD to provide water to the Property, if such Permit is required; WHEREAS, as consideration for obtaining access to the UWWD, the Owner shall construct all improvements necessary for connecting the Property to the UWWD, and WHEREAS, this Tenancy Agreement is intended as an interim procedure and the Property is intended to be included in a future extension of the UWWD; NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions herein and other valuable consideration, the parties hereto agree as follows: 1. TERM. The term shall commence upon the execution of this Agreement by all parties and the initial term shall expire forty years from the date water service is first provided to the Property, unless it is sooner terminated by other provisions set forth herein. Provided the Owner is not in default, the term of this agreement shall be automatically renewed thereafter for subsequent five year terms until such time as the either party gives notice of the termination of the renewal Agreement, such notice of termination of the renewal Agreement must be given at least six months prior to the expiration of the term unless the Agreement is sooner terminated by other provisions of this Agreement. 2. RIGHT TO CONNECT In consideration of the promises made by the Owner under this Agreement, the UWWD grants unto the Owner the right to connect to the water distribution facilities of the UWWD as provided by this Agreement. 3. CONSTRUCTION OF IMPROVEMENTS Owner will, at its sole cost and expense, design and construct all water improvements necessary to connect the Property to the UWWD water distribution system at the water shutoff valve in the public right of way abutting the Property. Attachment: GROGAN WATER TENANCY AGREEMENT - REV DATE 2020-09-10.docx (RES-2020-151 : Resolution Authorizing Water Tenancy 2 Packet Pg. 26 9.4.a A. The water improvements shall be constructed in accordance with the following standards: i) Installation of the water improvements shall be in accordance with Chapter 234 of the Code of the Town of Wappinger; ii) Installation of the water improvements shall comply with all applicable statutes, regulations and rules adopted by Federal, State and Local jurisdictions including but not limited to: Part 5 of the Sanitary Code of the State of New York (10 NYCRR Chapter I, Part 5); iii) The water service connections shall be in conformance with Residential Water Connection Specifications. iv) Construction of the improvements is subject to final inspection and approval by the Town Engineer, the Building Department and the Water System Operator. Water service may not be turned on unless approval is given by the Town Engineer, the Water System Operator and the Building Department. B. REVIEW BY TOWN The Town engineer must approve all plans and specifications and will be permitted to inspect the construction as it progresses. The Owner shall be responsible to reimburse the Town for the reasonable costs of engineering review and inspection for this project, including post-completion review. C. NECESSARY PERMITS i) Owner shall acquire, at its expense, any and all permits necessary in order to undertake the project provided for herein, included but not limited to: road opening permits, NYS DOT permits, NYS DEC permits, grading permits, plumbing permits, NYS Department of Health, Dutchess County Department of Health permits, and Town of Wappinger Building Permits. ii) To the extent the Town must obtain any regulatory approvals to implement this Agreement, including but not limited to a water supply permit from NYDEC, the Town shall obtain the same and the Owner shall reimburse the Town for the costs of any such permits. iii) If necessary, the Owner shall apply for approval from the Dutchess County Department of Health within 30 days of the execution of this agreement. 4. OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT All water improvements constructed by the Owner shall be property of the Owner and the Owner will be responsible for the operation and maintenance of all aspects of the water improvements from the point of connection with the UWWD water distribution line, onto and throughout the Property. The Owner shall operate and maintain all water improvements necessary to connect the Property to the UWWD water distribution system in good condition without leaks. Attachment: GROGAN WATER TENANCY AGREEMENT - REV DATE 2020-09-10.docx (RES-2020-151 : Resolution Authorizing Water Tenancy 3 Packet Pg. 27 9.4.a A. When leakage occurs on pipes and facilities owned by Owner, Owner shall make the necessary repairs immediately when they are discovered. If Owner fails to make said repairs as soon as possible, the Town may take such steps necessary to protect the Town water supply, including, if necessary, the right to discontinue water service, until such time as the leak is repaired. If water service is discontinued, the Owner shall pay the Town the restoration of service charge. B. Owner shall replace or repair such portions of the water improvements that are deemed necessary by the Town Engineer or the Water Department within the time prescribed by the notice to cure. If Owner fails to make said repairs or replacement within the time provided by the notice, the Town may take such steps necessary to protect the Town water supply, including, if necessary, replacement or repair as provided above and/or the right to discontinue water service, until such time as the repairs or replacement is completed. If water service is discontinued, the Owner shall pay the Town the restoration of service charge. 5. COST OF IMPROVEMENTS The cost of the improvements to be paid by the Owner shall include all costs necessary or incidental to the construction of the water services for connection of the distribution facilities of the UWWD. 6. INDEMNIFICATION The water services to be constructed by the Owner will be constructed by it, or its agents, as an independent contractor. The Owner and its agents will hold the Town, its agents and consultants harmless from any claims or causes of action brought against them, The Town shall be named as an additional insured, and proof of said addition shall be provided prior to the commencement of any construction. Claims arising from the acts or omissions of UWWD are excluded from this paragraph. A. Owner will hold UWWD and Town of Wappinger harmless from any claims for om the connection of 7. WATER RATES While this Agreement is in effect, the Owner, its successors and assigns, will pay on an annual basis or at such intervals that the Town bills its customers the same water charges, benefit assessment charges or other fees and assessments imposed or to be imposed on property owners within the UWWD for water and does consent to said charges being deemed liens on the Property in the same manner as if the Property was located within the boundaries of the District. The Water Charges shall be determined and payable in accordance with Chapter 234 of the Town of Wappinger Code as the same may be amended from time to time hereafter. A. The Owner consents that unpaid water charges become liens on the Property and B. Service restoration fees and other miscellaneous charges shall be in accordance with Chapter 234 of the Town of Wappinger Code and the rules and regulations of the UWWD Water System. Attachment: GROGAN WATER TENANCY AGREEMENT - REV DATE 2020-09-10.docx (RES-2020-151 : Resolution Authorizing Water Tenancy 4 Packet Pg. 28 9.4.a 8. NO OTHER HOOK-UPS There shall be no additional permission to serve any property outside of the District other than the one herein described though the water improvements being constructed by Owner. The parties agree that no other parcel shall be allowed to connect to the water service line being constructed by the Owner without the express written approval by the Town. 9. TEMPORARY DISCONTINUANCE OF SERVICE In accordance with the regulations of the Town and New York State Law, including but not limited to Chapter 234 of the Town of Wappinger Code, the Town may, upon reasonable notice, when such notice can reasonably be given, suspend, curtail or discontinue water service on a temporary basis: A. for failure by Owner to comply with any valid governmental order or directive, such discontinuance shall be for the shortest time practicable. B. for any of the following acts or omissions on the part of the Owner; provided however that reasonable arrangements are made for the provision of water service to the residents using the water improvements provided for in this Agreement. 10. Subject to Paragraph 11 following, the following shall constitute default by Owner: A. Non-payment of any valid bill due for service for the Property, provided that a notice of default has been given which provides a period of ten days to cure the default in payment or file a written notice of objection to the Town. If the Owner files an objection, the Town Board shall hear such objection at its next meeting and determine the validity of such objection. In the event the objection is not sustained then water service may be discontinued. B. Disconnecting the meter or in any way tampering or interfering with the meter or remote meter reading device or tampering with any other facility of the Town without permission. C. Providing water service to others without the approval of the Town. D. Failure to remove any non-conforming temporary or permanent physical connection or interconnection to any unapproved source of supply. E. Maintenance of any water outlet improperly protected against backflow or back- siphonage, or connecting or operating any piping or other facility on the Owner premises in such manner as to adversely affect the safety or adequacy of service provided to other Town water customers present or prospective. F. Willful wasting of water after a notice to cure has been served and a 10-day cure period has expired, and no cure has been effected. G. Failure to properly construct and maintain meter housings. H. Failure to comply with the terms of orders any Court or governmental authority having jurisdiction concerning the obligations of Owner under this Agreement. Attachment: GROGAN WATER TENANCY AGREEMENT - REV DATE 2020-09-10.docx (RES-2020-151 : Resolution Authorizing Water Tenancy 5 Packet Pg. 29 9.4.a I. Refusal to allow reasonable access to the Property for necessary purposes in connection with rendering of service, including meter installation, reading, or testing, or the maintenance or removal of the Town 11. ENFORCEMENT OF THIS AGREEMENT BY UWWD SHALL BE EFFECTUATED BY PROCEEDING TO PLACE AND ENFORCE A LIEN FOR FINANCIAL OBLIGATIONS OF OWNER UNDER THIS AGREEMENT OR BY SEEKING INJUNCTIVE OR OTHER RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR DEFAULT OTHER THAN DEFAULT OF FINANCIAL OBLIGATIONS PROVIDED THAT UWWD SHALL SEEK IN SUCH ORDER AND PERMIT A REASONABLE CURE PERIOD FOR DEFAULTS WHICH DO NOT PRESENT AN IMMEDIATE HAZARD TO LIFE, PROPERTY OR HEALTH. 12. EARLY TERMINATION OF AGREEMENT Subject to the right of Owner to challenge any governmental order or directive that Owner asserts is invalid or unreasonable, Owner shall comply in good faith with any governmental order or directive concerning the obligations of Owner under the terms of this Agreement. The following shall constitute grounds for early termination of this Agreement: A. If the Owner is not able to install the necessary water improvements this Agreement shall terminate upon notice to the Town of such fact. B. This Agreement shall terminate if Owner does not commence construction of the improvements within three years of the execution of this Agreement by both parties. C. The Owner acknowledges that the Town has the right and obligation under this Agreement to discontinue water service to customers outside the District when the UWWD water supply is insufficient to meet the needs of District residents. In the event that there is no longer surplus water capacity to service the Property, the Town may seek judicial authorization to terminate water service under this Agreement. The Town shall give the Owner sufficient time to obtain an alternative water source and construction of a connection to such alternate source, in accordance with said approval. In no event shall the notice period be less than three months, except in the case of an emergency. D. In the event a water district or water improvement area of the Town of Wappinger is extended to cover the Property and the Property is approved to obtain water from such water district or improvement area, this Agreement shall terminate (without the need for Court order). The Owner shall have a reasonable amount of time to make connection with Town of Wappinger water service. E. Neither party shall be entitled to damages or penalties if this Agreement is terminated in accordance with this section. 13. TOWN CODE & WATER DISTRICT REGULATIONS The Owner agrees to abide by and be bound by Chapter 234 of the Code of the Town rules and regulations adopted by the Town Board for the operation of the UWWD Water system. Attachment: GROGAN WATER TENANCY AGREEMENT - REV DATE 2020-09-10.docx (RES-2020-151 : Resolution Authorizing Water Tenancy 6 Packet Pg. 30 9.4.a 14. TOWNRIGHT TO INSPECT The Town and its employees and agents shall have the right to enter upon the Property at reasonable times to inspect the water improvements in order to determine that the water improvements are functioning properly and are in compliance with this Agreement, the Town of Wappinger Code and other applicable laws. The right to inspect shall not be construed to place the Town in a position of responsibility for maintainins water distribution system. The purpose of inspections is to protect the UWWD water system. Failure to permit access to inspect the water improvements shall be considered a default of this Agreement and the Town shall be authorized to discontinue service until such time suitable access is provided. 15. EMERGENCY REPAIRS The Town and its employees and agents shall have the right to enter upon the Property in the case of an emergency to make such repairs to the water system that are necessary. 16. SEQRA REVIEW This Agreement is contingent upon and shall not take effect unless and until the SEQRA review is completed by the lead agency designated by the Town Board. 17. BUY-IN FEE Owner shall make payment of a buy-in fee of $3,200 pursuant to Town Code Section 236-6(B)(2)(b)(1). The buy-in fee provided for in this Agreement is intended to serve as a credit for the buy-in fee for inclusion in the District by reason of the fact that this tenancy is intended as an interim procedure pending inclusion of the property in the District. 18. WATER PRESSURE The continuing adequacy of the water pressure is in no way guaranteed by the Town. A. The Owner shall be allowed to conduct any tests it deems appropriate to determine that the water pressure of the UWWD Water System is sufficient for its needs. All such tests must be completed before the buy-in fee is due. In the event that these tests determine that the water pressure of the UWWD Water System is not sufficient, the Owner may terminate this Agreement. Once the incentive fee has been paid, the Owner may not terminate this Agreement pursuant to this section. B. The Owner acknowledges that they have the opportunity to become fully familiar with the water pressure supplied to the Property by the UWWD water system and any limitations said pressure may have on any firefighting apparatus. With this 19. PROHIBITED USES The Property may only be used as a single-family residence. 20. COSTS & ATTORNEYS FEES The Owner is liable for all costs, charges, duties and responsibilities imposed upon the Owner by this Agreement. The parties may enforce this Agreement by judicial action and the prevailing party shall be entitled to recover its reasonable costs and fees in any action to enforce this Agreement. 21. COOPERATION diligence in proceeding with the approvals, planning and construction of the proposed project are expressly made terms and conditions of this Agreement. The parties acknowledge that, although they have attempted to incorporate and resolve all matters relative to the proposed improvements, certain matters will likely arise hereafter which were not addressed in whole or in part by this Agreement. Attachment: GROGAN WATER TENANCY AGREEMENT - REV DATE 2020-09-10.docx (RES-2020-151 : Resolution Authorizing Water Tenancy 7 Packet Pg. 31 9.4.a Accordingly, the parties hereto shall, in good faith, cooperate to do all things, which may become necessary in the future to effectuate the purpose and intent of this Agreement. 22. AUTHORITY It is expressly understood and acknowledged that the signatories to this Agreement have the power to bind their respective parties to all of the terms and conditions contained herein. All resolutions of the respective governing bodies of the Town have been adopted by the appropriate legislative authority. 23. APPLICABLE LAW This Agreement shall be governed under the laws of the State of New York. 24. VENUE Venue for any dispute arising from this Agreement shall be placed in a New York State Court of competent jurisdiction located within the County of Dutchess, State of New York. 25. ENTIRE AGREEMENT This Agreement and any attachments hereto constitute the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, whether oral or written. No modification or claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by the duly authorized representative against whom such modification or waiver is sought to be enforced. 26. WAIVER None of the terms of this Agreement can be waived or modified except by an express Agreement in writing signed by both parties. There are no representations, promises, warranties, covenants, or undertakings other than those contained in this Agreement, which represents the entire understanding of the parties. The failure of either party hereto to enforce, or the delay by either party in enforcing, any of its rights under this Agreement shall not be deemed a continuing waiver or a modification thereof and either party may, within the time provided by applicable law, commence appropriate legal proceedings to enforce any or all of such rights. 27. SEVERABILITY All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable law, and are intended to be limited to the extent necessary so that they will not render this Agreement invalid, unenforceable or not entitled to be recorded under any applicable law. If any term, covenant or condition of this Agreement shall be held to be invalid, illegal or unenforceable, the validity of the other terms, covenants and conditions of this Agreement shall in no way be affected thereby. 28. EXTENSION OF SPECIAL DISTRICT UWWD and the Town of Wappinger reserve the right to extend the boundaries of U Owner pursuant to Article 12 of the Town Law, the Town will use best efforts to extend the District. The Owner agrees to irrevocably execute any Petition pursuant to Article 12 of the Town Law to extend the boundaries of the UWWD to include the Property, or for any other Water District formed by the Town to include the Property. If the Town Board on its own motion, pursuant to Article 12A of the Town Law, determines to extend the boundaries of the UWWD to include the Property or to create a new District the boundaries of which will encompass the Property, Owner will not take any 29. SUCCESSORS AND ASSIGNS This Agreement is binding upon the heirs, successors and assigns of Owner and it shall run with the land comprising the Property and the parties shall record Attachment: GROGAN WATER TENANCY AGREEMENT - REV DATE 2020-09-10.docx (RES-2020-151 : Resolution Authorizing Water Tenancy 8 Packet Pg. 32 9.4.a this Agreement or a Memorandum of this Agreement with the Clerk of Dutchess County, indexed to the Property. 30. ADDITIONAL DOCUMENTS Each party will, at any time and from time to time, at the request of any other party make, execute, acknowledge and deliver, or cause to be done, all such further acts, deeds or other documents as may reasonably be necessary or appropriate to complete the transactions contemplated by this Agreement. IN WITNESS WHEREOF, the parties have set their hand and seals by their duly authorized officers as IN WITNESS WHEREOF, the parties have set their hand and seals by their duly authorized officers as of the date first above written. _______________________ JOHN D. GROGAN STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On the ___ day of September, 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN D. GROGAN personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ____________________________ Notary Public Attachment: GROGAN WATER TENANCY AGREEMENT - REV DATE 2020-09-10.docx (RES-2020-151 : Resolution Authorizing Water Tenancy 9 Packet Pg. 33 9.4.a TOWN OF WAPPINGER TOWN BOARD ON BEHALF OF UNITED WAPPINGER WATER DISTRICT ______________________________ _______________________________ Supervisor Councilmember ______________________________ _______________________________ Councilmember Councilmember _______________________________ Councilmember ACKNOWLEDGEMENTS STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On the ___ day of September, 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard Thurston, William Beale, Angela Bettina, Al Casella and Christopher Phillips personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ____________________________ Notary Public Attachment: GROGAN WATER TENANCY AGREEMENT - REV DATE 2020-09-10.docx (RES-2020-151 : Resolution Authorizing Water Tenancy 10 Packet Pg. 34 9.4.a EXHIBIT A ALL that certain plot, piece, or parcel of land, situate, lying and being in the Hamlet of Hughsonville, Town of Wappinger, County of Dutchess and State of New York, being described as follows: Attachment: GROGAN WATER TENANCY AGREEMENT - REV DATE 2020-09-10.docx (RES-2020-151 : Resolution Authorizing Water Tenancy 11 Packet Pg. 35 9.5.a TENANCY AGREEMENT FOR CONNECTION TO THE UNITED WAPPINGER WATER DISTRICT th THIS AGREEMENT made the 14 day of September, 2020 by and between the Town of Wappinger, acting through its elected Town Board on behalf of the UNITED WAPPINGER WATER DISTRICT, a special improvement district operating under Article 12 of the Town Law UWWD having offices at 20 Middlebush Road Wappingers Falls, New York 12590 AND GILBERTH TAPIA-CORNEJO and ANGELICA MESIAS-CARABAJO residing at 93 Old Hopewell Road Wappingers Falls, New York 12590 W I T N E S S E T H: WHEREAS, Owner is the fee simple owner of a parcel of approximately 0.69 acres of land located in the Town of Wappinger, County of Dutchess, State of New York having an address of 93 Old Hopewell Road, Wappingers Falls, NY and designated as Tax Parcel Grid Identification Number 6157-01-139597 (the Property WHEREAS, the Property is more fully described by metes and bounds descriptions attached hereto WHEREAS, the Property is a single family residence; and WHEREAS, the water supplied by the existing well does not comply with applicable health department standards and the Owner desires to obtain municipal water for the property; and WHEREAS, the property is not currently located within a Water District in the Town of Wappinger but the property abuts the UWWD water main that is located within the Old Hopewell Attachment: Gilberth Tapia-Cornejo and Angelica Mesias-Carabajo - REV DATE 2020-09-10.docx (RES-2020-152 : Resolution Authorizing Water Packet Pg. 36 9.5.a Road Right of Wayand awater shutoff valve is located within the Right of Way for a future connection to the property; and WHEREAS, the parties have determined that it is desirable to provide water service to the Property by the creation of a water tenancy agreement; and WHEREAS, the UWWD has sufficient capacity to meet the water demand of the Property which is estimated at Three Hundred and Thirty gallons per day (330 gpd); and WHEREAS, UWWD is willing to provide water service to the Property and to allow access over its pipes, mains, pump station and infrastructure for the water service to the Property provided that the New York State Department of Environmental Conservation issues a Water Supply Permit to allow the UWWD to provide water to the Property, if such Permit is required; WHEREAS, as consideration for obtaining access to the UWWD, the Owner shall construct all improvements necessary for connecting the Property to the UWWD, and WHEREAS, this Tenancy Agreement is intended as an interim procedure and the Property is intended to be included in a future extension of the UWWD; NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions herein and other valuable consideration, the parties hereto agree as follows: 1. TERM. The term shall commence upon the execution of this Agreement by all parties and the initial term shall expire forty years from the date water service is first provided to the Property, unless it is sooner terminated by other provisions set forth herein. Provided the Owner is not in default, the term of this agreement shall be automatically renewed thereafter for subsequent five year terms until such time as the either party gives notice of the termination of the renewal Agreement, such notice of termination of the renewal Agreement must be given at least six months prior to the expiration of the term unless the Agreement is sooner terminated by other provisions of this Agreement. 2. RIGHT TO CONNECT In consideration of the promises made by the Owner under this Agreement, the UWWD grants unto the Owner the right to connect to the water distribution facilities of the UWWD as provided by this Agreement. 3. CONSTRUCTION OF IMPROVEMENTS Owner will, at its sole cost and expense, design and construct all water improvements necessary to connect the Property to the UWWD water distribution system at the water shutoff valve in the public right of way abutting the Property. Attachment: Gilberth Tapia-Cornejo and Angelica Mesias-Carabajo - REV DATE 2020-09-10.docx (RES-2020-152 : Resolution Authorizing Water 2 Packet Pg. 37 9.5.a A. The water improvements shall be constructed in accordance with the following standards: i) Installation of the water improvements shall be in accordance with Chapter 234 of the Code of the Town of Wappinger; ii) Installation of the water improvements shall comply with all applicable statutes, regulations and rules adopted by Federal, State and Local jurisdictions including but not limited to: Part 5 of the Sanitary Code of the State of New York (10 NYCRR Chapter I, Part 5); iii) The water service connections shall be in conformance with Residential Water Connection Specifications. iv) Construction of the improvements is subject to final inspection and approval by the Town Engineer, the Building Department and the Water System Operator. Water service may not be turned on unless approval is given by the Town Engineer, the Water System Operator and the Building Department. B. REVIEW BY TOWN The Town engineer must approve all plans and specifications and will be permitted to inspect the construction as it progresses. The Owner shall be responsible to reimburse the Town for the reasonable costs of engineering review and inspection for this project, including post-completion review. C. NECESSARY PERMITS i) Owner shall acquire, at its expense, any and all permits necessary in order to undertake the project provided for herein, included but not limited to: road opening permits, NYS DOT permits, NYS DEC permits, grading permits, plumbing permits, NYS Department of Health, Dutchess County Department of Health permits, and Town of Wappinger Building Permits. ii) To the extent the Town must obtain any regulatory approvals to implement this Agreement, including but not limited to a water supply permit from NYDEC, the Town shall obtain the same and the Owner shall reimburse the Town for the costs of any such permits. iii) If necessary, the Owner shall apply for approval from the Dutchess County Department of Health within 30 days of the execution of this agreement. 4. OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT All water improvements constructed by the Owner shall be property of the Owner and the Owner will be responsible for the operation and maintenance of all aspects of the water improvements from the point of connection with the UWWD water distribution line, onto and throughout the Property. The Owner shall operate and maintain all water improvements necessary to connect the Property to the UWWD water distribution system in good condition without leaks. Attachment: Gilberth Tapia-Cornejo and Angelica Mesias-Carabajo - REV DATE 2020-09-10.docx (RES-2020-152 : Resolution Authorizing Water 3 Packet Pg. 38 9.5.a A. When leakage occurs on pipes and facilities owned by Owner, Owner shall make the necessary repairs immediately when they are discovered. If Owner fails to make said repairs as soon as possible, the Town may take such steps necessary to protect the Town water supply, including, if necessary, the right to discontinue water service, until such time as the leak is repaired. If water service is discontinued, the Owner shall pay the Town the restoration of service charge. B. Owner shall replace or repair such portions of the water improvements that are deemed necessary by the Town Engineer or the Water Department within the time prescribed by the notice to cure. If Owner fails to make said repairs or replacement within the time provided by the notice, the Town may take such steps necessary to protect the Town water supply, including, if necessary, replacement or repair as provided above and/or the right to discontinue water service, until such time as the repairs or replacement is completed. If water service is discontinued, the Owner shall pay the Town the restoration of service charge. 5. COST OF IMPROVEMENTS The cost of the improvements to be paid by the Owner shall include all costs necessary or incidental to the construction of the water services for connection of the distribution facilities of the UWWD. 6. INDEMNIFICATION The water services to be constructed by the Owner will be constructed by it, or its agents, as an independent contractor. The Owner and its agents will hold the Town, its agents and consultants harmless from any claims or causes of action brought against them, of any agent, employee or subcontractor of the Owner. The Town shall be named as an additional insured, and proof of said addition shall be provided prior to the commencement of any construction. Claims arising from the acts or omissions of UWWD are excluded from this paragraph. A. Owner will hold UWWD and Town of Wappinger harmless from any claims for 7. WATER RATES While this Agreement is in effect, the Owner, its successors and assigns, will pay on an annual basis or at such intervals that the Town bills its customers the same water charges, benefit assessment charges or other fees and assessments imposed or to be imposed on property owners within the UWWD for water and does consent to said charges being deemed liens on the Property in the same manner as if the Property was located within the boundaries of the District. The Water Charges shall be determined and payable in accordance with Chapter 234 of the Town of Wappinger Code as the same may be amended from time to time hereafter. A. The Owner consents that unpaid water charges become liens on the Property and or assigns. B. Service restoration fees and other miscellaneous charges shall be in accordance with Chapter 234 of the Town of Wappinger Code and the rules and regulations of the UWWD Water System. Attachment: Gilberth Tapia-Cornejo and Angelica Mesias-Carabajo - REV DATE 2020-09-10.docx (RES-2020-152 : Resolution Authorizing Water 4 Packet Pg. 39 9.5.a 8. NO OTHER HOOK-UPS There shall be no additional permission to serve any property outside of the District other than the one herein described though the water improvements being constructed by Owner. The parties agree that no other parcel shall be allowed to connect to the water service line being constructed by the Owner without the express written approval by the Town. 9. TEMPORARY DISCONTINUANCE OF SERVICE In accordance with the regulations of the Town and New York State Law, including but not limited to Chapter 234 of the Town of Wappinger Code, the Town may, upon reasonable notice, when such notice can reasonably be given, suspend, curtail or discontinue water service on a temporary basis: A. for failure by Owner to comply with any valid governmental order or directive, such discontinuance shall be for the shortest time practicable. B. for any of the following acts or omissions on the part of the Owner; provided however that reasonable arrangements are made for the provision of water service to the residents using the water improvements provided for in this Agreement. 10. Subject to Paragraph 11 following, the following shall constitute default by Owner: A. Non-payment of any valid bill due for service for the Property, provided that a notice of default has been given which provides a period of ten days to cure the default in payment or file a written notice of objection to the Town. If the Owner files an objection, the Town Board shall hear such objection at its next meeting and determine the validity of such objection. In the event the objection is not sustained then water service may be discontinued. B. Disconnecting the meter or in any way tampering or interfering with the meter or remote meter reading device or tampering with any other facility of the Town without permission. C. Providing water service to others without the approval of the Town. D. Failure to remove any non-conforming temporary or permanent physical connection or interconnection to any unapproved source of supply. E. Maintenance of any water outlet improperly protected against backflow or back- siphonage, or connecting or operating any piping or other facility on the Owner premises in such manner as to adversely affect the safety or adequacy of service provided to other Town water customers present or prospective. F. Willful wasting of water after a notice to cure has been served and a 10-day cure period has expired, and no cure has been effected. G. Failure to properly construct and maintain meter housings. H. Failure to comply with the terms of orders any Court or governmental authority having jurisdiction concerning the obligations of Owner under this Agreement. Attachment: Gilberth Tapia-Cornejo and Angelica Mesias-Carabajo - REV DATE 2020-09-10.docx (RES-2020-152 : Resolution Authorizing Water 5 Packet Pg. 40 9.5.a I. Refusal to allow reasonable access to the Property for necessary purposes in connection with rendering of service, including meter installation, reading, or testing, or the maintenance or removal of the Town 11. ENFORCEMENT OF THIS AGREEMENT BY UWWD SHALL BE EFFECTUATED BY PROCEEDING TO PLACE AND ENFORCE A LIEN FOR FINANCIAL OBLIGATIONS OF OWNER UNDER THIS AGREEMENT OR BY SEEKING INJUNCTIVE OR OTHER RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR DEFAULT OTHER THAN DEFAULT OF FINANCIAL OBLIGATIONS PROVIDED THAT UWWD SHALL SEEK IN SUCH ORDER AND PERMIT A REASONABLE CURE PERIOD FOR DEFAULTS WHICH DO NOT PRESENT AN IMMEDIATE HAZARD TO LIFE, PROPERTY OR HEALTH. 12. EARLY TERMINATION OF AGREEMENT Subject to the right of Owner to challenge any governmental order or directive that Owner asserts is invalid or unreasonable, Owner shall comply in good faith with any governmental order or directive concerning the obligations of Owner under the terms of this Agreement. The following shall constitute grounds for early termination of this Agreement: A. If the Owner is not able to install the necessary water improvements this Agreement shall terminate upon notice to the Town of such fact. B. This Agreement shall terminate if Owner does not commence construction of the improvements within three years of the execution of this Agreement by both parties. C. The Owner acknowledges that the Town has the right and obligation under this Agreement to discontinue water service to customers outside the District when the water supply is insufficient to meet the needs of District residents. In the event that there is no longer surplus water capacity to service the Property, the Town may seek judicial authorization to terminate water service under this Agreement. The Town shall give the Owner sufficient time to obtain an alternative water source and construction of a connection to such alternate source, in accordance with said approval. In no event shall the notice period be less than three months, except in the case of an emergency. D. In the event a water district or water improvement area of the Town of Wappinger is extended to cover the Property and the Property is approved to obtain water from such water district or improvement area, this Agreement shall terminate (without the need for Court order). The Owner shall have a reasonable amount of time to make connection with Town of Wappinger water service. E. Neither party shall be entitled to damages or penalties if this Agreement is terminated in accordance with this section. 13. TOWN CODE & WATER DISTRICT REGULATIONS The Owner agrees to abide by and be bound by Chapter 234 of the Code of the Town rules and regulations adopted by the Town Board for the operation of the UWWD Water system. Attachment: Gilberth Tapia-Cornejo and Angelica Mesias-Carabajo - REV DATE 2020-09-10.docx (RES-2020-152 : Resolution Authorizing Water 6 Packet Pg. 41 9.5.a 14. TOWNRIGHT TO INSPECT The Town and its employees and agents shall have the right to enter upon the Property at reasonable times to inspect the water improvements in order to determine that the water improvements are functioning properly and are in compliance with this Agreement, the Town of Wappinger Code and other applicable laws. The right to inspect shall not be construed to place the Town in a position of responsibility for maintainins water distribution system. The purpose of inspections is to protect the UWWD water system. Failure to permit access to inspect the water improvements shall be considered a default of this Agreement and the Town shall be authorized to discontinue service until such time suitable access is provided. 15. EMERGENCY REPAIRS The Town and its employees and agents shall have the right to enter upon the Property in the case of an emergency to make such repairs to the water system that are necessary. 16. SEQRA REVIEW This Agreement is contingent upon and shall not take effect unless and until the SEQRA review is completed by the lead agency designated by the Town Board. 17. BUY-IN FEE Owner shall make payment of a buy-in fee of $3,200 pursuant to Town Code Section 236-6(B)(2)(b)(1). The buy-in fee provided for in this Agreement is intended to serve as a credit for the buy-in fee for inclusion in the District by reason of the fact that this tenancy is intended as an interim procedure pending inclusion of the property in the District. 18. WATER PRESSURE The continuing adequacy of the water pressure is in no way guaranteed by the Town. A. The Owner shall be allowed to conduct any tests it deems appropriate to determine that the water pressure of the UWWD Water System is sufficient for its needs. All such tests must be completed before the buy-in fee is due. In the event that these tests determine that the water pressure of the UWWD Water System is not sufficient, the Owner may terminate this Agreement. Once the incentive fee has been paid, the Owner may not terminate this Agreement pursuant to this section. B. The Owner acknowledges that they have the opportunity to become fully familiar with the water pressure supplied to the Property by the UWWD water system and any limitations said pressure may have on any firefighting apparatus. With this knowl 19. PROHIBITED USES The Property may only be used as a single-family residence. 20. COSTS & ATTORNEYS FEES The Owner is liable for all costs, charges, duties and responsibilities imposed upon the Owner by this Agreement. The parties may enforce this Agreement by judicial action and the prevailing party shall be entitled to recover its reasonable costs and fees in any action to enforce this Agreement. 21. COOPERATION It is expressly understood diligence in proceeding with the approvals, planning and construction of the proposed project are expressly made terms and conditions of this Agreement. The parties acknowledge that, although they have attempted to incorporate and resolve all matters relative to the proposed improvements, certain matters will likely arise hereafter which were not addressed in whole or in part by this Agreement. Attachment: Gilberth Tapia-Cornejo and Angelica Mesias-Carabajo - REV DATE 2020-09-10.docx (RES-2020-152 : Resolution Authorizing Water 7 Packet Pg. 42 9.5.a Accordingly, the parties hereto shall, in good faith, cooperate to do all things, which may become necessary in the future to effectuate the purpose and intent of this Agreement. 22. AUTHORITY It is expressly understood and acknowledged that the signatories to this Agreement have the power to bind their respective parties to all of the terms and conditions contained herein. All resolutions of the respective governing bodies of the Town have been adopted by the appropriate legislative authority. 23. APPLICABLE LAW This Agreement shall be governed under the laws of the State of New York. 24. VENUE Venue for any dispute arising from this Agreement shall be placed in a New York State Court of competent jurisdiction located within the County of Dutchess, State of New York. 25. ENTIRE AGREEMENT This Agreement and any attachments hereto constitute the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, whether oral or written. No modification or claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by the duly authorized representative against whom such modification or waiver is sought to be enforced. 26. WAIVER None of the terms of this Agreement can be waived or modified except by an express Agreement in writing signed by both parties. There are no representations, promises, warranties, covenants, or undertakings other than those contained in this Agreement, which represents the entire understanding of the parties. The failure of either party hereto to enforce, or the delay by either party in enforcing, any of its rights under this Agreement shall not be deemed a continuing waiver or a modification thereof and either party may, within the time provided by applicable law, commence appropriate legal proceedings to enforce any or all of such rights. 27. SEVERABILITY All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable law, and are intended to be limited to the extent necessary so that they will not render this Agreement invalid, unenforceable or not entitled to be recorded under any applicable law. If any term, covenant or condition of this Agreement shall be held to be invalid, illegal or unenforceable, the validity of the other terms, covenants and conditions of this Agreement shall in no way be affected thereby. 28. EXTENSION OF SPECIAL DISTRICT UWWD and the Town of Wappinger reserve Owner pursuant to Article 12 of the Town Law, the Town will use best efforts to extend the District. The Owner agrees to irrevocably execute any Petition pursuant to Article 12 of the Town Law to extend the boundaries of the UWWD to include the Property, or for any other Water District formed by the Town to include the Property. If the Town Board on its own motion, pursuant to Article 12A of the Town Law, determines to extend the boundaries of the UWWD to include the Property or to create a new District the boundaries of which will encompass the Property, Owner will not take any 29. SUCCESSORS AND ASSIGNS This Agreement is binding upon the heirs, successors and assigns of Owner and it shall run with the land comprising the Property and the parties shall record Attachment: Gilberth Tapia-Cornejo and Angelica Mesias-Carabajo - REV DATE 2020-09-10.docx (RES-2020-152 : Resolution Authorizing Water 8 Packet Pg. 43 9.5.a this Agreement or a Memorandum of this Agreement with the Clerk of Dutchess County, indexed to the Property. 30. ADDITIONAL DOCUMENTS Each party will, at any time and from time to time, at the request of any other party make, execute, acknowledge and deliver, or cause to be done, all such further acts, deeds or other documents as may reasonably be necessary or appropriate to complete the transactions contemplated by this Agreement. IN WITNESS WHEREOF, the parties have set their hand and seals by their duly authorized officers as IN WITNESS WHEREOF, the parties have set their hand and seals by their duly authorized officers as of the date first above written. ____________________________ GILBERTH TAPIA-CORNEJO STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On the ___ day of September, 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared GILBERTH TAPIA-CORNEJO personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ____________________________ Notary Public ____________________________ ANGELICA MESIAS-CARABAJO STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On the ___ day of September, 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared ANGELICA MESIAS-CARABAJO personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ____________________________ Notary Public Attachment: Gilberth Tapia-Cornejo and Angelica Mesias-Carabajo - REV DATE 2020-09-10.docx (RES-2020-152 : Resolution Authorizing Water 9 Packet Pg. 44 9.5.a TOWN OF WAPPINGER TOWN BOARD ON BEHALF OF UNITED WAPPINGER WATER DISTRICT ______________________________ _______________________________ Supervisor Councilmember ______________________________ _______________________________ Councilmember Councilmember _______________________________ Councilmember ACKNOWLEDGEMENTS STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On the ___ day of September, 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard Thurston, William Beale, Angela Bettina, Al Casella and Christopher Phillips personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ____________________________ Notary Public Attachment: Gilberth Tapia-Cornejo and Angelica Mesias-Carabajo - REV DATE 2020-09-10.docx (RES-2020-152 : Resolution Authorizing Water 10 Packet Pg. 45 9.5.a EXHIBIT A ALL that certain plot, piece, or parcel of land, situate, lying and being in the Hamlet of Hughsonville, Town of Wappinger, County of Dutchess and State of New York, being described as follows: Attachment: Gilberth Tapia-Cornejo and Angelica Mesias-Carabajo - REV DATE 2020-09-10.docx (RES-2020-152 : Resolution Authorizing Water 11 Packet Pg. 46 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 47 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 48 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 49 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 50 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 51 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 52 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 53 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 54 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 55 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 56 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 57 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 58 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 59 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 60 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 61 9.6.a Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log) Packet Pg. 62