Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF...

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t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LA GRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November 12 2014 Supervisor Alan Bell Councilman Joseph Luna Councilman Edward Jessup Councilman Andrew P Dyal Councilman Gary Polhemus Christine O Reilly Rao Town Clerk Ron Blass Esq Van De Water Van De Water Wanda Livigni Planning Public Works The regular meeting of the Town Board was held on Wednesday November 12 2014 at 120 Stringham Road Town of LaGrange Supervisor Bell called the meeting to order at 7 00 pm The Town Clerk led the flag salute Mr Bell asked for a motion to accept the minutes for October 22 2014 Councilman Jessup moved to do so seconded by Councilman Dyal The motion carried unanimously Mr Bell asked for a motion to accept the monthly reports for October 2014 Councilman Luna moved to do so seconded by Councilman Jessup The motion carried unanimously Building Zoning Planning Public Works Highway Department Justice Hayes incl State Share Justice O Hare incl State Share Recreation Town Clerk Agenda Total 14 655 00 Total 900 00 Total 22 149 80 Total 16 554 40 Total 600 00 Total 2 429 96 Mr Bell opened a discussion regarding a disputed water and sewer bill for 349 Noxon Road Ms Livigni stated that the bill for the Sunoco Dunkin Donuts located at that address totaled 9 632 83 which includes a penalty of 10 percent She added that the amount reflects a significantly higher consumption than previously recorded Environmental Consultants performed extensive forensics in order to determine the cause of the increased consumption The meter was monitored and then sent out for testing after a new meter was installed The old meter was tested and found to be 99 925 accurate No leak was detected She added that she would recommend that the 10 percent penalty be waived since the bill could not be paid until the REGULAR TOWN BOARD MEETING November 12 2014 Page 1

Transcript of Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF...

Page 1: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

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STATE OF NEW YORK

COUNTY OF DUTCHESS

TOWN OF LA GRANGE

Present

Absent

Recording Secretary

Others Present

TOWN BOARD MEETINGNovember 12 2014

Supervisor Alan Bell

Councilman Joseph Luna

Councilman Edward JessupCouncilman Andrew P Dyal

Councilman Gary Polhemus

ChristineOReillyRao Town Clerk

Ron Blass Esq Van De Water Van De Water

Wanda Livigni Planning Public Works

The regular meeting of the Town Board was held on Wednesday November 12 2014 at 120

Stringham Road Town ofLaGrange Supervisor Bell called the meeting to order at700 pm The

Town Clerk led the flag salute

Mr Bell asked for a motion to accept the minutes for October 22 2014 Councilman Jessup

moved to do so seconded by Councilman Dyal The motion carried unanimously

Mr Bell asked for a motion to accept the monthly reports for October 2014 Councilman Luna

moved to do so seconded by Councilman Jessup The motion carried unanimously

Building Zoning Planning Public Works

Highway DepartmentJustice Hayes incl State ShareJusticeOHare incl State ShareRecreation

Town Clerk

Agenda

Total1465500Total 90000Total2214980Total1655440Total 60000Total242996

Mr Bell opened a discussion regarding adisputed water and sewer bill for 349 Noxon Road

Ms Livigni stated that the bill for the Sunoco Dunkin Donuts located at that address totaled

963283 which includes apenalty of 10 percent She added that the amount reflects a

significantly higher consumption than previously recorded Environmental Consultants

performed extensive forensics in order to determine the cause ofthe increased consumptionThe meter was monitored and then sent out for testing after anew meter was installed The old

meter was tested and found to be 99925 accurate No leak was detected She added that she

would recommend that the 10 percent penalty be waived since the bill could not be paid until the

REGULAR TOWN BOARD MEETING November12 2014 Page 1

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forensics had been completed however she did not recommend any reduction in the actual bill

She also pointed out that an alert of apotential leak had been included with the bill A brief

discussion followed

Mr Jimmy Neshweiwat addressed the Board He questioned how the bill could be so high since

asprinkler system leak which occurred several years only resulted in abill totaling about2400He added that a plumber had been hired to ascertain the cause of the increased consumption but

no cause had been identified

Mr Jessup moved to waive the penalty and give the owner apayment deadline of December 312014 A discussion ensued

Councilman Luna moved to waive the penalty of 10 percent and have the amountrelevied to the

County on November 14 which is the close offdate He added that this would give the owner

the opportunity to pay the bill without the penalty until the close of business on November 13tHCouncilman Dyal seconded the motion and it carried unanimously

Resolution Relevy to Dutchess County SEE ADDENDUMMr Bell noted that subsequent to the Public Hearing on October 22d the following propertieshave been removed from the property maintenancerelevy 22 RobinHill Drive 73 SleightPlass Road 40 Kevin Heights

Mr Bell opened adiscussion on closing the audit process regarding outstanding fees owed to the

Zoning and Planning Boards from a Ham Radio Tower applicationThe Board asked Mr Blass to revise the resolution to include the following This reasonable

accommodation is conditioned that future proceedings before town agencies shall not proceedunless a the above sum of5874 is paid by the applicant and b the applicant maintains a

minimum advance continuing escrow balance of not less than1000 to cover the Towns

consulting costs until all determinations by agencies ofthe Town are completed

Resolution Audit of Fees for Ham Radio Application SEE ADDENDUM

Mr Bell stated that Highway Department employee Edward White has been employed by the

Town for 24 years but that the term of his employment has not been continuous The Towns

policy requires 15 years of continuous service in order for aperson to be eligible for various

benefits He asked the Board to consider a resolution which would waive the requirement in this

case

Resolution Waiving fifteen years of continuous service requirement for Edward White SEEADDENDUM

Councilman Luna moved to cancel the Town Board Meetings for Wednesday November 262014 and December 24 2014 Councilman Dyal seconded the motion and it carried

unanimously

Resolution 2015 DCSPCA Dog Control Housing Agreement SEE ADDENDUM

REGULAR TOWN BOARD MEETING November 12 2014 Page 2

Page 3: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Resolution Public Hearing for 33 Milano Drive SEE ADDENDUM

Rev Paul Lent requested the Town Board waive the storm water maintenance bond for the

Freedom Plains United Presbyterian Church

Ms Livigni stated that the bond in question is a three year bond which is based on the value of

the work performed for the parking lot addition for the church She had no objection if the Board

wished to waive the bond

Councilman Jessup seconded by Councilman Luna moved to approve the request

Rev Paul Lent requested that the Town petition the County Health Department to allow the

Freedom Plains United Presbyterian Churchsfire suppression system in the new building to be

connected to the municipal water supplyMs Livigni stated that she had never heard of this before and that it would not be aTown Board

action She offered to look into the matter for the Reverend Lent

The Building Inspector requested approval for building permit refunds for 208 Overlook Road in

the amount of355 Councilman Jessup stated that since multiple inspections by both the

Building Inspector and Code Enforcement Officer had been carried out regarding this propertyhe was not in favor ofrefunding the entire amount

Councilman Luna moved to approve the request in the amount of177 seconded by Councilman

Dyal The motion carried unanimously

Councilman Jessup moved to reappoint Paul Blauth to the Board ofAssessment Review fora 5

year term Councilman Luna seconded the motion and it carried unanimously

Councilman Dyal moved to waive the 30 day waiting period for liquor license renewal at KellysSteaks Spirits located at 1189 Route 55 in Lagrangeville Councilman Jessup seconded the

motion and it carried unanimously

The Code Enforcement Officer requested permission to attend aNYSBOC Tri County Chaptertraining class on December 3 2014 in Kingston The cost to the Town is approximately12800 Councilman Luna moved to approve the request seconded by Councilman Dyal The

motion carried

The Administrator of Planning Public Works requested permission to attend aNYSCOMACEC New York NYSAC conference on December 12 2014 in Tarrytown The cost to the

Town is approximately 8500 Councilman Dyal moved to approve the request seconded byCouncilman Jessup The motion carried

The Highway Superintendent is requesting abudget transfer in the amount of1000000 from

General RepairsContractual to MachineryContractualCouncilman Jessup moved to approve the request seconded by Councilman Luna The motion

carried

REGULARTOWN BOARD MEETING November 12 2014 Page 3

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The Highway Superintendent is requesting a budget transfer in the amount of25000 from

General RepairsPersonal Services to MachineryPersonal Services

Councilman Luna moved to approve the request seconded by Councilman Jessup The motion

carried

Mr Bell stated that he had researched information on improving the Towns website He had a

proposal from a company which was recommended by the Towns IT person as well as one from

the County The private company charges 100 per hour for support and would cost10000The other option would be to use the Dutchess County shared services company The City of

Beacon currently uses that service The County service has the advantage of being interactive

and provides integration between Town information and County information In addition it

would provide public alerts and advisories The cost would be 14000with support costing4000 per annum The support fee is included in the first year and would not be paid until 2016

Mr Bell added that taking all things into consideration the County service would likely turn out

to be cheaper in the long run due to the unlimited tech support In addition he felt it would be

better in functionality The money for the upgrade has been included in the 2015 BudgetCouncilman Luna seconded by Councilman Jessup moved to accept the Countys proposalThe motion was carried by all More information as to the service may be found in the

addendum

Committee Reports

Water and Sewer

No report

RecreationNo report

Open SpaceCouncilman Jessup stated that the Cricket Valley Improvement Coalition had met on November

l Ot and will meet again on November 24h Mr Bell added that the group is meeting to discuss

the proposed power lines from Dover to Pleasant Valley

HighwayTown AttorneyNo comment

Administrator of Planning and Public Works

No comment

Public Comment

Councilman Luna moved to open the Public Comment seconded by Councilman Dyal The

motion was carried by all

REGULAR TOWN BOARD MEETING November12 2014 Page 4

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Carl Valentino asked the Board if Planning Board SEQR and maps would be put on the new

website

Mr Bell replied that it would be a monumental amount of informationMr Blass added that it would be tough to manage oversized documents

Mr Bell stated that he would look into the possibility ofputting up information on current

projects before the Planning Board

A resident ofMilano Drive asked what the Town intended to do with the property on 33 Milano

Drive

Ms Livigni replied that the property is in a flood plain and might possibly be used for flood

mitigation Mr Bell added that the Town could consider extending the nature trail onto the

property but there are no plans to develop the property

Mr Luna stated that there is another parcel on Milano Drive that would be used as a retention

pond

Councilman Jessup moved to close the Public Comment seconded by Councilman Luna The

motion wascarried by all

Town Board Discussion

Supervisor Bell stated that he had received a request to lower the speed limit on Dr Fink Road

due to concerns about pedestrian safety Designating the road as aSchool Zone would be a

possible solution

Councilman Luna seconded by Councilman Jessup moved to proceed with the paperworknecessary to get the designation The motion was carried by all

Councilman Luna seconded by Councilman Dyal moved to go into Executive Session to discuss

the TCWIA Agreement with Noxon Road Elementary School It was determined that the matter

did not meet the criteria for an Executive Session

Councilman Dyal seconded by Councilman Jessup move to adjourn the meeting and have

private counsel with Mr Blass under AttorneyClient Privilege The motion carried

The meeting adjourned at 807pm

Respectfully Submitted

ChristineOReillyRaoTown Clerk

REGULARTOWN BOARD MEETING November 12 2014 Page 5

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ADDENDUM

Resolution2014ReLevy2014ReLevy List

Resolution Audit of Fees for Ham Radio Application LandsteinResolution Edward White

Resolution DCSPCA

Resolution 33 Milano Drive

Dutchess County Shared Services Website

REGULAR TOWN BOARD MEETING November 12 2014 Page 6

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RESOLUTION

WHEREAS the Receiver of Taxes has ceased collection of the Special Districts warrants and

for 2014 and

WHEREAS the Receiver of Taxes has provided Statements ofrelevy for water and sewer

districts and property maintenance fees for the year 2014 tax bills

THEREFORE BE IT RESOLVED the Town Supervisor is directed to submit the Statements

ofRelevy to Dutchess County Real Property Tax for collection on the 2014 tax bills

MOTION Councilman Dyal

SECOND Councilman Jessup

THE FOLLLOWNGVOTE WAS TAKEN

Supervisor Luna AYE

Councilman Jessup AYE

Councilman Polhemus ABSENT

Councilman Dyal AYE

Councilman Bell AYE

DATE LaGrangeville NY

November 13 2013

1

TINEOREILLLYRATOWN CLERK

Page 8: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

2014 ReLevy Water Sewer Charges for LaGrangePage 1

swiss print key movetax location address

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133400 6361046662170000 205080 58 Mandalay Dr

133400 6361047032670000 19560 70 Mandalay Dr

133400 6361046803200000 73599 76 Mandalay Dr

133400 6361046543640000 37201 82 Mandalay Dr

133400 6361046413920000 143680 86 Mandalay Dr

133400 6361046224130000 118146 88 Mandalay Dr

133400 6361046214260000 109984 90 Mandalay Dr

133400 6361046204400000 2166 92 Mandalay Dr

133400 6361046214520000 37400 94 Mandalay Dr

133400 6361046271870000 49239 3 Kimball Dr

133400 6361046362070000 173751 7 Kimball Dr

133400 6361046982900000 130879 27 Kimball Dr

133400 6361046602750000 84441 16 Kimball Dr

133400 6361046102210000 110553 12 Kimball Dr

133400 6361046071980000 156414 8 Kimball Dr

133400 6361046413660000 95199 13 Cromwell Dr

133400 6361046293840000 45628 24 Cromwell Dr

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133400 6361046203620000 21808 20 Cromwell Dr

133400 6361046193400000 41029 16 Cromwell Dr

133400 6361046192940000 31973 8 Cromwell Dr

133400 6361046693340000 51885 6 Carpenter Dr

133400 6361046122430000 110426 4 Glen Ct

133400 6361046082550000 16873 6 Glen Ct

133400 6361046162660000 47552 5 Glen Ct

133400 6361047473000000 27160 5 Saxon Dr

133400 6361047433220000 141214 3 Saxon Dr

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133400 6360033432290000 148843 128 Simone Dr

133400 6360033452000000 35831 138 Simone Dr

133400 6360033481900000 43893 144 Simone Dr

133400 6360033632310000 4078 127 Simone Dr

133400 6360033572880000 97766 103 Simone Dr

133400 6360033831640000 113403 148 Bart Dr

133400 6360033972220000 37825 127 Bart Dr

133400 6360033932620000 35075 58 Martin Dr

133400 6360033922750000 107771 107 Bart Dr

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133400 6360034351690000 50497 16 Martin Dr133400 6360034322020000 144317 30 Martin Dr

133400 6360034302230000 78344 38 Martin Dr133400 6360034302360000 59153 42 Martin Dr

133400 6361032020800000 40040 24 Angelo Blvd

133400 6361032250170000 40040 37 Angelo Blvd

133400 6560049053280000 74892 10 Johnson Rd

133400 6560049253480000 22782 7 Johnson Rd133400 6560049373420000 76695 9 Johnson Rd

133400 6560049613700000 1450 15 Johnson Rd

133400 6560049693780000 70209 17 Johnson Rd133400 6660030053690000 23634 28 Johnson Rd

133400 6560049863900000 3834 21 Johnson Rd133400 6560049964150000 17060 27 Johnson Rd

133400 6660030534220000 89968 9 Lorene Dr133400 6560048983680000 1025 22 S Cross Rd

133400 6259027289560000 16533 47 Mac Ghee Rd133400 6259027559250000 55486 68 Mac Ghee Rd133400 6259027609150000 9763 88 Mac Ghee Rd

133400 6259027548650000 73872 108 Mac Ghee Rd133400 6259027668710000 16647 111 Mac Ghee Rd

133400 6259027918930000 5823 137 Mac Ghee Rd

133400 6259028158830000 28461 130 Mac Ghee Rd133400 6259027829580000 12886 5 Lakeview Rd

133400 6259028149610000 21891 10 Lakeview Rd133400 6259028119270000 5640 43 Lakeview Rd133400 6260048390160000 33413 7 Caudie Dr

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133400 6260026866780000 11195 183 Titusville Rd133400 6260027126110000 65814 192 Titusville Rd

133400 6260028955130000 14828 1 Clover Hill Dr

133400 6260029076950000 63807 38 Clover Hill Dr133400 6260029236750000 12100 29 Clover Hill Dr133400 6260028876360000 19379 48 Clover Hill Dr133400 6260028975910000 10116 41 Clover Hill Dr

133400 6260028905670000 37697 45 Clover Hill Dr133400 6260048924680000 30478 5 Partners Trace

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133400 6260048742380000 1456 10 Robin Hill Dr133400 6260048812450000 21851 8 Robin Hill Dr

133400 6260048412000000 62445 20 Robin Hill Dr133400 6260048082190000 83271 19 Robin Hill Dr

133400 6260048351920000 23146 22 Robin Hill Dr

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9466 30 Robin Hill Dr

490 5 Cortlandt Dr

72841 15 Cochran Hill Rd

39450 21 Cochran Hill Rd

1111 14 Cochran Hill Rd

542 28 Cochran Hill Rd

10473 30 Cochran Hill Rd

3296 34 Cochran Hill Rd

20144 36 Cochran Hill Rd

1251 3 Four Winds Dr

16393 9 Four Winds Dr

80368 10 Four Winds Dr

13659 19 Four Winds Dr

46899 26 Four Winds Dr

19425 16 Four Winds Dr

59855 93 MacGhee Rd

59020 27 Partners Trace

60566 5153 Mac Ghee Rd

1754 9 Davis Rd

25302 4 Davis Rd

7152 245 Titusville Rd

10579 12 Partners Trace

42785 17 Robin Hill Dr

3508 25 Westview Dr

46141 170 Overlook Rd

3768 5 Flynn Ln

33646 6 Milano Dr

3994 7 Flynn Ln

13247 13 Milano Dr

39153 23 Carol Dr

23619 33 Milano Dr

769 26 Milano Dr

8516 35 Milano Dr

192 31 Carol Dr

690 14 Rombout Ridge28873 1 Stonehedge Dr

13665 22 Rombout Ridge24036 7 Cochran Hill Rd

7707 5 Cochran Hill Rd

70066 12 Mandalay Dr

9774 127 Noxon Rd

262308 22 Ridgeline Dr

207000 26 Ridgeline Dr

15861 32 Ridgeline Dr

10721 26 Rombout Ridge25493 33 Ridgeline Dr

19864 16 Mandalay Dr

226 338 Titusville Rd

101344 84 Patrick Ln

12227 23 Meier Rd

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49879 3 Flynn Ln

403333 404406Manchester Rd

14543 11 Meier Rd

367 9 Milano Dr

21726 26 Carol Dr

17636 5 Nobile Ln

66860 7 Locust Crest Ct

24812 18 Manor Dr W

7526 12 Mapleview Rd

8718 14 Mapleview Rd

83648 121 Keith Dr

258644 13 Mandalay Dr

14023 11 Hartstone Dr

38283 78 Keith Dr

120746 59 Keith Dr

46932 51 High Acres Dr

403 25 Southview Ct

3576 10 Southview Ct

50936 32 Hillview Cir

7368 32 Carol Dr

17658 56 Keith Dr

77683 131 Keith Dr

74237 121 Ridgeline Dr

231 105 Cavo Dr

119263 130 Ridgeline Dr

10469 1 Mapleview Rd

14705 23 Westview Dr

36071 111 Ridgeline Dr

97402 169 Ridgeline Dr

10017 336 Titusville Rd

33769 47 Patrick Ln

19686 10 Mapleview Rd

3576 21 Orchard Rd

55259 399 Noxon Rd

138863 16 Scenic Hills Dr

103709 3 Tay PI

57950 46 Scenic Hills Dr

10370 76 High Acres Dr

44527 3 Pavinchal PI

122324 64 High Acres Dr

47306 10 Mark Vincent Dr

60949 17 Mark Vincent Dr

1491 11 Mark Vincent Dr

24260 9 Mark Vincent Dr

83925 2 Frederick Dr

237096 10 Frederick Dr

75582 7 Frederick Dr

137723 14 Frederick Dr

144881 20 Frederick Dr

30742 24 Frederick Dr

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133400 6360034913960000 30393 26 Frederick Dr

133400 6360032594930000 977598 349 Noxon Rd

133400 6360012445210000 110308 301 Titusville Rd

133400 6360014205680000 76972 20 Tanglewood Ln

133400 6360014425650000 117990 21 Tanglewood Ln

133400 6360014546700000 2005 74 Scenic Hills Dr

133400 6360014777040000 101796 82 Scenic Hills Dr

133400 6360014817140000 108035 84 Scenic Hills Dr

133400 6360014867240000 12649 86 Scenic Hills Dr

133400 6360014967570000 124490 5 Hickory Ln

133400 6360014987920000 25942 8 Elm Ct

133400 6360014787550000 199063 92 Scenic Hills Dr

133400 6360014497530000 84857 3 Ash Ct

133400 6360014617500000 87723 1 Ash Ct

133400 6360014267480000 126118 14 Mulberry Ln

133400 6360014047190000 51310 11 Mulberry Ln

133400 6360014396770000 23872 73 Scenic hills Dr

133400 6360013776520000 143785 9 Glenwood Rd

133400 6360013716430000 80031 7 Glenwood Rd

133400 6360014016340000 21729 63 Scenic Hills Dr

133400 6360014477380000 11407 4 Larch Ct

133400 6460034330710000 8425 3 Vincent Rd

133400 6460034550160000 33253 15 Vincent Rd

133400 6459014569700000 13035 22 Vincent Rd

133400 6459014459980000 3671 20 Exeter Rd

133400 6459014219950000 40188 16 Exeter Rd

133400 6460034070120000 15885 12 Exeter Rd

133400 6460034080550000 12816 3 Exeter Rd

133400 6460034250180000 3906 11 Exeter Rd

133400 6459014279870000 8625 3 Kinkead Ln

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133400 6460045380660000 12088 67 Memory Trail

133400 6460045110720000 6378 71 Memory Trail

133400 6460034931060000 33385 92 Memory Trail

133400 6460116316810000 30513 129 Stringham Rd Unit 1

133400 6460116056660000 2287 129 Stringham Rd Unit 14

133400 6460116006760000 2046 129 Stringham Rd Unit 15

133400 6460115996880000 19426 129 Stringham Rd Unit 19

133400 6461031460260000 11010 12 Lafayette Ct

133400 6460028369720000 5302 26 Skidmore Rd

133400 6460046011100000 57690 44 Memory Trail

133400 6460045531490000 31894 23 Ehmer Dr

133400 6460116045430000 3924 119 Stringham Rd Unit 33

133400 6460115775430000 1569 119 Stringham Rd Unit 38

133400 6460115795670000 4882 119 Stringham Rd Unit 17

133400 6460116345440000 74234 119 Stringham Rd Unit 25

133400 6460045980160000 14953 11 Memory Trail

133400 6460034410960000 43203 83 Heritage Ln

133400 6460034720810000 39626 86 Heritage Ln

133400 6460034650340000 70535 63 Heritage Ln

Page 13: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Page 6

133400 6460046184120000 5258 63 Stringham Rd

133400 6460027969630000 11583 23 Skidmore Rd

133400 6460027978090000 2232 12081214 Rte 55

133400 6461030500550000 22454 56 Victor Dr

133400 6460027829530000 29058 21 Skidmore Rd

133400 6461031261340000 7018 11 Michaels Ln

133400 6461030230680000 5831 59 Victor Dr

133400 6460027789130000 6485 15 Skidmore Rd

133400 6460028238670000 657 12201224 Rte 55

133400 6461030151030000 17750 8 Brian Ct

133400 6461030641020000 76406 74 Victor Dr

133400 6461045120020000 45852 22 Dr Fink Rd

133400 6460034150030000 6474 14 Exeter Rd

133400 6460046794560000 25883 101 Stringham Rd

133400 6460116165660000 5257 119 Stringham Rd Unit 6

133400 6360025335300000 1412 8 Manor Dr W

133400 6360014448140000 15532 16 Locust Crest Ct

133400 6360013317470000 1512 25 Stonehedge Dr

133400 6360013727240000 46596 353 Titusville Rd

133400 6360026418110000 62128 35 Hillview Cir

133400 6360026309280000 62128 10 Mandalay Dr

133400 6360026189450000 1412 14 Mandalay Dr

133400 6360027277650000 62128 26 Hillview Dr

133400 6360026997890000 1412 33 Hillview Dr

133400 6360025156110000 62128 19 Manor Dr W

133400 6360014177700000 1412 6 Locust Crest Ct

133400 6360014925220000 31064 5 Manor Dr W

133400 6360013517400000 62128 23 Stronehedge Dr

133400 6360013578870000 1412 6 Stonehedge Ct

133400 6360025415840000 62128 20 Manor Dr W

133400 6360014397900000 1553 12 Locust Crest Ct

133400 6360013687090000 62128 351 Titusville Rd

133400 6360025305690000 15532 16 Manor Dr W

2014 Grand totals for Water Sewer Relevys 13888302

Page 14: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Page 7

2014 Miscellaneous ReLevy Charges Out Of District Benefit Unit Charges

133400 6261029607600000 106636 170 Overlook Road

2014 Grand Total Miscellaneous Charges 106636

2014 Property Maintenance Fees

133400 6260026529130000 105273 125 Rothenburgh Rd

133400 6661030821800000 346583 21 Trinity Way133400 6461010537640000 108951 12 Mountain View Dr

133400 6460030730830000 55668 16 Old Noxon Road

133400 6362030631930000 135506 71 Sleight Plass Road

133400 6660010175370000 174265 51 S Cross Road

133400 6261028589500000 27808 35 Milano Drive

133400 6361011125350000 42269 115 Keith Drive

133400 6360013035970000 40516 326 Titusville Rd

133400 6460011226280000 115578 110 Bushwick Rd

133400 6260045962830000 356651 41 Red Oaks Mill Road

133400 6260026668580000 51900 39 Richards Blvd

133400 6561030802700000 228676 87 Skidmore Rd

133400 6360030034810000 160377 245 Titusville Rd

133400 6360046653620000 118802 196 Smith Road

133400 6460034080550000 116167 3 Exeter Rd

133400 6361032532030000 73802 9 Vail Rd

133400 6260028255580000 126494 1 King Drive

133400 6360012445210000 42118 301 Titusville Road

133400 6660010279860000 55369 112 N Cross Road

133400 6560027787520000 61934 1612 Route 55

133400 6462013785750000 55178 171 Traver Road

2014 ReLevy Property Maintenance fees 2599885

Page 15: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

TOWN BOARD OF THE

TOWN OF LAGRANGEDUTCHESS COUNTY NEW YORK

Supervisor Bell introduced the following Resolution which was seconded byCouncilman Luna

WHEREAS Myles Landstein applicant has pending applications before the Town of

LaGrange Zoning Board of Appeals ZBA and the Town of LaGrange Planning Board

WHEREAS the applicant seeks relief at the ZBA from Town Code Chapter 24028Schedule B which states that the maximum height of abuilding or structure in anR120 zoningdistrict is 35 and he seeks relief from Chapter 24031F4fj Ridgeline Protection OverlayZone which states that the proposed yard setbacks from the property line must be no less than 15

times the height of the proposed structure and

WHEREAS because the proposed tower is situated in the RPOZ the applicant also

requires aspecial permit from the Planning Board under section24031F of the Town Codeand

WHEREAS this resolution incorporates by reference the record of proceeding developedbefore the Zoning Board of Appeals and the Planning Board and

WHEREAS the applicant pursed the variances initially in order to construct aham radio

tower with boom antenna at aproposed height of 100 but see subsequent reduction of tower

height to 70 infra and

WHEREAS the applicant proposes installation ofaboom antenna which is 24 feet longand 37feet wide at its widest point and

WHEREAS the proposed side and rear yard setbacks from any proposed 100 tower are

40 and 70 from neighboring property lines respectively rather than a 150 setback requiredfor each yard if the tower was 100 in height as initially proposed or the requirement ofl05 for

each yard if the tower were to be 70 in height and

WHEREAS at aheight of 100 the tower as initially proposed wasa 60 taller than the

40 distance of separation between the base of the tower and neighboring property to the sideand b 30 taller than the 70 distance of separation between the base of the tower and

neighboring property to the rear thereby raising the issue of potential fall ofthe tower and very

large antenna upon neighboring property and

WHEREAS at a height of70 the tower of modified height would be 30 taller than the

40 distance of separation between the base of the tower and neighboring property to the side

Page 16: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

thereby continuing to raise the issue of apotential fall of the tower and very large antenna upon

neighboring property and

WHEREAS this is aType Iaction under SEQRA because the project is located within a

Ridgeline Protection Overlay Zone RPOZ under the local laws ofthe Town of LaGrange

and

WHEREAS there exists a federal PRB1 policy statement ofthe Federal

Communications Commission relative to ham radio communications which is a federal overlay

of local regulation which does not preempt local zoning but has the following effect that local

land use regulations affecting amateur radio communications must be crafted or applied in a

manner which reasonably accommodates them and in a fashion which represents the minimum

practicable regulation to accomplish the authoritys legitimate land use regulatory purposes and

WHEREAS the reasonable accommodation standard does not compel that an amateur

radio communicator may erect any facility that he or she desires and

WHEREAS the reasonable accommodation standard requires that the municipalityconsider the application make factual findings related to identification ofits legitimate land use

regulatory interests and attempt to negotiate asatisfactory compromise if possible and

WHEREAS in an interim determination made on or about January 6 2014 the ZBA has

found that

a legitimate land use regulatory interests of the Town of LaGrange are found within

provisions RPOZ regulations found at Section 24031F of the Town Code and

b section 24031F includes regulatory policy statements as follows for propertieslocated within the RPOZ

c for the RPOZ the Town of LaGrange has declared that the protection of its stream

corridors groundwater resources historic resources scenic area importantfarmlands hilltops and ridgelines is an important public purpose and that to the

extent practicable future development of the Town should minimize intrusive

alteration of or construction in these areas

d in the case of the RPOZ applicants are encouraged to site projects offofthe viewable

areas on ridgetops and hilltops out of sight lines from the valleys and below the tree

canopy

e it is the purpose of this overlay zone to protect the aesthetic scenic and ecologicalcharacter and nature of the higherelevation areas Ridgelines and hilltops are

exceptional aesthetic and ecological resources and ensuring that tree lines are

uninterrupted and ridgetops are free from visually intrusive manmade structures will

prevent the degradation ofthe rural character and scenic beauty ofthe Town This

Page 17: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

overlay zoneprovides standards for regulating the numbers height design

placement and impacts of any structures on hilltops and ridgelines in order to

minimize structural intrusions upon the visual landscape to preserve ecological

integrity and to maintain the rural rustic character ofthe Town

WHEREAS on behalf of local residents ofthe Town who reside within proximity to the

initially proposed 100 tower the ZBA received avisual impact assessment dated May 9 2013

prepared by Creative Visuals Inc which provides astudy by a qualified expert of the impacts

upon various visual receptor sites in relation to a 100 tower with conceptual HyGainTH11DX

antenna array ofthe dimensions noted above and

WHEREAS up the point of time ofthe professional visual impact study applicant had

been representing in writing to the ZBA that the height of the 100 tower was slightly above tree

cover on the site where proposed and

WHEREAS in its interim findings the ZBA concluded that the Visual Impact Study

shows significant exceeding of tree cover or canopy in the RPOZ zone from a tower having a

height of 100 and

WHEREAS given the significant investment of neighboring property owners in a

professional visual impact study the applicant was relieved of the burden and expense of

preparing such a study despite the fact that it is generally the obligation of an applicant to

undertake such studies and

WHEREAS in a effort to mitigate visual or other impacts the applicant amended his

ZBA variance applications to reduce the proposed tower height from 100 to 70 and

WHEREAS environmental review variance review and application of the PRB1

federal standard ofreasonable accommodation continues before the ZBA

WHEREAS the Town has incurred significant consultant expenses in the process of

reviews of application and

WHEREAS for the most part the applicant has not defrayed these consultant expenses

and

WHEREAS in reliance on PRB1 the applicant has raised issues as to whether as an

amateur ham radio operator he is immune or partially immune from the obligation of applicantsunder Section 24088ofthe Town Code to defray necessary and reasonable consulting expenses

incurred by the Town

WHEREAS applicant has suggested that it is the obligation of the Town Board under

Section 24088of the Town Code to review and audit the reasonableness and necessity of the

consulting expenses incurred by the Town in the review ofthe application

Page 18: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

WHEREAS on June 11 2014 the Town Board adopted a resolution to the effect that

1 As an accommodation to the applicant under PRB1and given the implicit request of

the applicant the Town Board will review and audit the reasonableness and necessity of the

consultant expenses incurred by the Town in the review of the application

2 At its regular meeting of June 25 2014 the Town Board would provide to applicantand his representative a full and complete opportunity to be heard on issues related to the amount

ofthe Towns recovery of its consultant expenses for the applicantsmatter under Section 240

88 ofthe Town Code

3 The applicant would be provided by June 13 2014 with acopy of all itemized

consultant charges received by the Town in relation to the applicationwhichwas timelydone

WHEREAS on June 25 2014 the applicantsattorney appeared before the Town Board

and in addition to objecting to the Townscollection of consultant review fees within awritten

memorandum date June 25 2014 he noted that the applicant has sustained physical injury

which precluded his appearance that the applicant wished for an extension of time to appear

personally before the Town Board when he had sufficiently recovered and that applicant would

consent that proceedings before the ZBA should be held in abeyance pending the Town Boards

audit and findings regarding recovery of the Towns consultant review fees and

WHEREAS due to applicantsinjury and request for opportunity to be present

proceedings before the Town Board were postponed and resumed on August 27th 2014 and

WHEREAS in the interim the Town Board has received from the Towns legal counsel

apotential method for reducing applicantsobligation for legal consultant fees as and for a

reasonable accommodation from the sum of1748111 to the sum of5874 through

application of the following principles

a only legal services directly devoted to advising or appearing before the Towns

agencies would be passed on to the applicant

b to the exclusion of such legal services as attorney research regarding PRB1and its

case law attorney preparation attorney consultations with legal counsel for the applicant or for

neighbors attorney efforts to locate experts for the ZBA in the areas ofradio frequencytransmission and visual impact study and attorney advice to town departments on the subject

other than the ZBA or Planning Board and

WHEREAS to that effect acopy of modified billing statements are attached hereto as

Exhibit A and

Page 19: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

WHEREAS with respect to nonlegal consultants the Town has received invoices from

Clark Patterson Lee in the sum of50000 dated July 25 2014 and from Stormwater

Management Consultants in the sum of 12500 dated June 1 2012 attached hereto

respectively as ExhibitB and

WHEREAS the Town has received in payments from the applicant to defray the Towns

consultant costs in the respective sums of 250 in 2011 and 500 in 2014 and

WHEREAS at the Town Board meeting of August 27 2014 the applicant requested an

opportunity to attempt to negotiate the Towns consulting costs issues and

WHEREAS those discussions did not result in resolution ofthe issue and the Town

Board has determined it is unacceptable to call for the general tax base of the municipality to

subsidize costs of review of the applicantsproposal by waiving the provisions of24088of the

Town Code or to agree to accept a lump sum payment in full satisfaction ofthe applicants

obligations under that Town Code provision while this matter remains under review at both the

ZBA and the Planning Board and there are questions as to whether the applicant has fulfilled

review requirements of the ZBA

NOW IT IS HEREBY RESOLVED AS FOLLOWS

1 After audit and review the Town Board finds that the consultant costs reflected in the

attachments to this Resolution were reasonable in amount and necessarily incurred by the Town

as those standards are established in Section 24088of the Town Code in connection with the

ongoing review and consideration of the applications which initially involved a proposal to site a

100 foot high amateur communications tower with very large antenna array which were shown

by professional Visual Impact Study supra to be significantly above tree cover in a RidgelineProtection Overlay Zone which was established to protect and to preserve aesthetic and visual

resources

2 As a reasonable accommodation to the applicant the Town Board offers to the

applicant areduction of his responsibility under 24088of the Town Code for legal consultant

costs incurred by the Town and covering the period through May of2014 from the sum of

1748111 to the reduced sum of5874 based on application of the criteria set forth above and

as reflected in the modified legal billing statements attached hereto as Exhibit A

3 With respect to consultant charges following the billing period of May of 2014 and as

a reasonable accommodation to the applicant the Town Board offers to the applicant a reduction

of his responsibility under 24088ofthe Town Code for legal consultant costs incurred by the

Town consistent with the same criteria

4 This reasonable accommodation is conditioned that future proceedings before town

agencies shall not proceed unless a the above sum of5874 is paid by the applicant and b

the applicant maintains aminimum advance continuing escrow balance ofnot less than1000 to

cover the Towns consulting costs until all determinations by agencies ofthe Town are

completed

Page 20: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

The foregoing resolution was voted upon with all councilmen voting as follows

Supervisor Bell AYE

Councilman Luna AYE

Councilman Jessup AYE

Councilman Polhemus ABSENT

Councilman Dyal AYE

DATED Lagrangeville New York

November 12 2014

TINEOREILLYRAO

TOWN CLERK

UDOCS0007000943RESOLUTION21I961504DOCX

Page 21: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

EXHIBIT A

Page 22: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLPPage 1

Run691201435131 PMFile MLDGR

Matter Ledger Report111970 to692014

Code NameInit Atty RCB Bless JrRonald C

Ciient 00070 Towrrof LaGrangeBill Atty RCB Blass JrRonatd C

Matter 00866 Landstein Ham Radio Application Planning Board Resp Atty RCB Blass JrRonald C

BilisBalance Due

Number Date Total Fses Expenses Total Fees Expenses

68042 040512 294525 294525 287925 287925

100067 050412 148465 137775 10690 148465 137775 10690

101081 072412 103125 103125 103125 103125

101494 082312 41250 41250 41250 41250

102320 102212 79200 79200 79200 79200

102629 111912 54307 51150 3157 54307 51150 3157

102913 120712 41250 41250 41250 41250

103877 030413 486964 483450 3514 486964 483450 3514

104111 030713 105600 105600 105600 105600

104442 041513 18975 18975 18975 18975

104847 051513 3300 3300 3300 3300

105233 062013 4950 4950 4950 4950

105661 070913 33000 33000 33000 33000

106312 091813 24750 24750 24750 24750

107872 012714 2475 2475 2475 2475

Total Bilis 1442136 1424775 17361 1435536 1418175 17361

y23

ay U

lp

Z

l

S3 37vr Sa

o F7a

ZZ l 5

Page 23: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

POBox 112

Poughkeepsie NY 12602

Town of LaGrangeJon J Wagner Supervisor120 Stringham Road

LaGrangeville NY 12540

April 5 2012

In Reference To Landstein Ham Radio Application Planning Board

Matter No 7000866

Invoice 68042

SUMMARY

Current Fees 294525

TOTAL CURRENT CHARGES 294525

Total Due 294525

For your convenience we offer Visa Master Card as a means of

paying your bill If you wish to use your credit card pleasecomplete the information below and return to our office

Card Holder Name Visa Mastercard

Card Number ExpDate

Signature

Page 24: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater VanDeWater LLP

Town of LaGrangeIn Reference To Landstein Ham Radio Application Planning Board

Page 2

Professional Services

Hours Amount

051711 RAV Attend Planning Board meetingto discuss application with

Board and applicants engineerL Paggi Notes on research

needed 040 6600

030912 RA Review variance requestsReview Worthington file priorapplication to ZBA Respondto P Bisceglia email

Conference with Ronald C

Blass re legal issues raised

by this application and the

relevant federal law 230 37950

i 9 5

0 1F 77

7RA m ttov dsuRZ1V Ravicii flc

b

50

RCn D4 1

Z 50

03

Q from

P ngaefor0

032312 RC Review past decisions in

Worthington Conference with

Rebecca A Valk long email

to ZBA chair 200 33000

nt

ap C

n7 i i 04

03 Si eeeeeeeeeeekmow n r

nn cc

B

Page 25: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater VanDeWater LLP

Town of LaGrangeIn Reference To Landstein Ham Radio Application Planning Board

Page 3

Professional Services

Hours Amount

i aa

L

ucOPC rL

Jee3e or

zBAsprocedure for Monda

night Review researc e

applicability of wir ess

communications ch er and

research on acc ssory uses

Research on r sonable

accommodat standard for ham

radio op ators Review file

in pr application regardingpro dure previously used and

5

0

status of matte egindraftin ementary ruling

033012 RCB Call with Paul Bisceglia re

ZBA issues meetingprocedure 035 5775

6GCB Eenfcrcrre A

e75

Or9r

supplementary de Sion

Additional re arch on case

law applyi the reasonable

accommod ion standard

Confe nce Ronald C Blass re

st egyprocedureadvice to

t

ps

t

Page 26: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater VanDeWater LLP

z Town of LaGrange

In Reference To Landstein Ham Radio Application Planning Boarda

Page 4

Professional Services

Hours Amount

1785 294525

Page 27: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie NY 126028454525900

Fax 8454525612Tax ID No 141799987

Town of LaGrange Planning Board

Attn Planning Board Chairman120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

Services

May 4 2012

Invoice No 100067

Hours Amount

Ronald C Blass for review Review ald C Blass

edits to document Prepare orandum re

updated case law sinc 6 Research and review

question ofwh wireless communicationsregulatio code would apply to Mr Landsteins

Summary of ServicesRate Hours Amount

RCB Blass Jr Ronald C 16500 635 104775

RAV Valk Rebecca A 16500 200 33000

Total for Services835 137775

Disbursements

Date Expenses042712 Research charges March research Lexis Nexis

043012 Research charges April Research Lexis Nexis

Total Expenses

Amount

7246d 44

unu

5

0

040212 RCBj Prrepre letter to ZBA re status and procedures 100 16500nrn

Page 28: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Client Ref 00070 00866

Invoice No 100067

Total for Services and Expenses

Balance Forward

Amount Due

May 4 2012

Page 2

148465

294525

441yyU

Page 29: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax ID No141799987

Town of LaGrange Planning Board July 24 2012

Attn Planning Board ChairmanInvoice No 101081

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

Services Hours Amount

a 060412 AFS meeting with R Blass regarding coverage of6412 68 57750

ZBA meeting reviewed file materials and prior W

meeting minutes and correspondence traveled to

and represented ZBA at412meeting and publichearing on application

0

Landstein applicationamails with S gieyregarding no receipt of ap ication from

interpretation an o applicant regarding format

applica A Iyr nnn r

lie

Summary ofServicesRate Hours Amount

RCB Blass Jr Ronald C 16500 225 37125

AFS Friedrichsen Scott Audrey 16500 400 fifi000

Total for Services 625 103125

Total for Services and Expenses 103125

Balance Forward 436390

Amount Due 93y515

Page 30: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax 8454525612Tax ID No141799987

Town of LaGrange Planning Board

Attn Planning Board Chairman120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

Date Services

0issues review Towns with VV

accou n

Moss

d meeting with R Blass regarding Landstein matter

reviewed file traveled to and represented ZBA at

7212meeting and public hearing on Landstein

application

August 23 2012Invoice No 101494

Hours Amount

0

SU 41250

OYe7

Summary of ServicesRate Hours Amount

RCB Blass Jr Ronald C 000 100 000

AFS Friedrichsen Scott Audrey 16500 250 41250

Total for Services350 41250

Total for Services and Expenses 4ou

Balance Forward 539515

Amount Due 580765

Page 31: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax ID No141799987

Town of LaGrange Planning Board October 22 2012

Attn Planning Board ChairmanInvoice No 102320

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

Date Services Hours Amount

application revi edenrait rom new Landstein

ate cs

091 12 RCB Prepare for and attend meeting of ZBA 200 33000

09

Summary of ServicesRate Hours Amount

Ronald C 16500RCB Blass Jr

400 66000

AFS Friedrichsen Scott Audrey 16500 080 13200

Total for Services480 79200

Total for Services and Expenses 79200

Balance Forward 580765

Amount Due 659965

Page 32: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax ID No141799987

Town of LaGrange Planning Board

Attn Planning Board Chairman120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

Date Services

and issues by ZBA at

November 19 2012Invoice No 102629

Hours Amount

Johre on

1

Summary of ServicesRate Hours

RCB Blass Jr Ronald C 16500 200

AFS Friedrichsen Scott Audrey 16500 110

Total for Services310

Disbursements

Date Expenses103112 Research charges Lexis Nexis October research Lexis Nexis

Total Expenses

Total for Services and Expenses

Balance Forward

Amount Due

Amount

3300018150

51150

Amount

3157

3157

54307

659965

714272

Page 33: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax IDNo141799987

Town of LaGrange Planning BoardDecember 7 2012

Invoice No 102913Attn Planning Board Chairman120 Stringham Road

LaGrangeville NY12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

Date Services Hours Amount

002 1j 11051 AF meeting with R Blass o review matter and in 3

1 preparation for 11512ZBA meeting traveled to and

represented ZBA at 11512meeting for review

discussion and adjournment of public hearing on

variance application1

1Pandstin

1La ng

11

Summary of ServicesRate Hours Amount

RCB Blass Jr Ronald C 16500 090 14850

AFS Friedrichsen Scott Audrey 16500 160 26400

Total for Services250 41250

Total for Services and Expenses 41250

Balance Forward 714272

Amount Due 755522

Page 34: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater 8 Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax ID No141799987

Town of LaGrange Planning BoardAttn Planning Board Chairman120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

Date Services

01

March 4 2013Invoice No 103877

Hours Amount

EQRAITt1t

f

012213 AF preparation for conference call with ZBA Chair c5 41250

regarding Landstein conference call with Mr 1tBisceglia and R Blass additional conference with R

Blass

eett

application of reasonable accsppttnstandarddiscussion of ngedrtopinion on issues of

5

010

pble

n

0h

a

resetrsh00

0

n re

meeting with R Blass to disc dal and

SEQRA issuesfaCZB n issue of setback variance

alsofentrequired013

50

Page 35: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Client Ref 00070 00866

Invoice No 103877

Professional Services

Date Services

March 4 2013

Page 2

Hours Amount

013113 AFS meeting with R Blass to review suggested procedure 3 62700

for ZBA in preparation for2413meeting prepared J

list of questions for applicant and drafted letter to

ZBA setting forth recommendation on questions to

elicit necessary information for ZBA to make findingsunder reasonable accommodation standard and

relevant case law

Total for Services2930 483450

Disbursements

Date ExpensesAmount

013113 Research charges January research Lexis Nexis 3514

Total Expenses3514

Total for Services and Expenses 486964

Balance Forward 755522

Amount Due 1242486

Page 36: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612

Tax ID No141799987

Town of LaGrange Planning Board March 7 2013

Attn Planning Board Chairman Invoice No 104111

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

Date Services Hours Amount

5

meeting in order to advis ring reasonable

accommo A procedure and additionaltraveled

to and represented ZBAfor review and discussion of

ham radio application and action to declare intent to

be lead agency under SEQRA

0

me rd

020713 AFS Revised SEQRA lead agency circulation notice and 150 24750

transmitted to S Quigley for use

022

mastsTotal for Services

Total for Services and Expenses

Balance Forward

Amount Due

640 105600

105600

1242486

1348086

Page 37: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax ID No141799987

Town of LaGrange Planning Board April 15 2013

Attn Planning Board ChairmanInvoice No 104442

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

Date ServicesHours Amount

0

030413 AFS Traveled to and represented ZBA at3414meeting 040 6600

for discussion of variance application and

adjournment of public hearing 5

Total for Services115 18975

Total for Services and Expenses 18975

Balance Forward 1348086

Amount Due 1367061

Page 38: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612

Tax ID No 141799987

Town of LaGrange Planning Board May 15 2013

Attn Planning Board Chairman Invoice No 104847

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

Date Services Hours Amount

ge t

Total for Services

Total for Services and Expenses

Balance Forward

020 3300

JJVV

1367061

Amount Due 1370361

Page 39: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax ID No141799987

Town of LaGrange Planning Board July 9 2013

Attn Planning Board ChairmanInvoice No 105661

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

Date Services Hours Amount

6Pietlskser75

0 IaetReewere9

0

reendmmg062713 RCB Letter for ZBA Clerk 025 4125

otal for Services200 33000

Total for Services and Expenses

Balance Forward

33000

1375311

Amount Due 1408311

Page 40: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax ID No141799987

Town of LaGrange Planning Board June 20 2013

Attn Planning Board ChairmanInvoice No 105233

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

Date Services Hours Amount0

adjournment of56ZBA public hear y

reviewed ZBA public h ice provisions amail

to S Qui ing notice for July adjourned

Total for Services 030 4950

Total for Services and Expenses 4950

Balance Forward 1370361

Amount Due 1375397

Page 41: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax ID No141799987

Town of LaGrange Planning Board September 18 2013

Attn Planning Board ChairmanInvoice No 106312

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

Date Services Hours Amount

00

history Cantor request for adjournm with

Susan Quigley review 2 ange between

applicant F and March 2013 minutes most

re n

Total for Services150 24750

Total for Services and Expenses 24750

Balance Forward 1408311

Amount Due 1433061

Page 42: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax ID No141799987

Town of LaGrange Planning Board

Attn Planning Board Chairman120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00866 Landstein Ham Radio Application Planning Board

Professional Services

January 27 2014Invoice No 107872

Date Services Hours Amount

175

Total for Services015 2475

Total for Services and Expenses G4

Balance Forward 1433061

Amount Due 74330

Page 43: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

J

Van DeWater Van DeWater LLP Page 1

Run69201441951PM

Matter Ledger ReportFile MLDGR

111970 to 6l9z01a

Code Name nit Atty RCB Blass Jr Ronald C

Rent 00070 Town of LaGrange BIII Atty RCB Blass Jr Ronald C

latter 00943 Landsteln Ham Radlo ZBA Resp Atty RCB Blass JrRonald C

BillsBalance Due

Number Date Total Fees Expenses Total Fees Expenses

106770 1010813 132000 132000

106991 112213 103125 103125 103125 103125

107881 012714 9900 9900 9900 9900

108213 0310314 105600 105600 105600 105600

108838 0510214 41250 41250 41250 41250

109236 052814 46200 46200 46200 46200

Totai Bllls 438075 438075 000 306075 306075 000

tia y 16IP

311e

L

2 Y 6J

a2S

i c

w

J

I

I a 7

Page 44: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater 8 Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax 8454525612Tax ID No141799987

Town of LaGrange October 8 2013

Joseph J Luna SupervisorInvoice No 106770

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00943 Landstein Ham Radio ZBA

Professional Services

Services Hours Amount

090313 RCB Review file impact study memoof case law 250 41250

develop batting order for ZBA on how to proceed in

face of applicant answers visual impact assessmentofcreative visuals

0

Total for Services 800 132000

Total for Services and Expenses 132000

Page 45: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax ID No141799987

Town of LaGrange November 22 2013

Joseph J Luna SupervisorInvoice No 106991

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00943 Landstein Ham Radio ZBA

Professional Services

Date Services Hours Amount

0071 Attended Zoning Board of Appeals hearing 200 33000

Total for Services 625 103125

Total for Services and Expenses 1o31Z5

Balance Forward 132000

Amount Due 235125

Page 46: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax ID No141799987

Town of LaGrange January 27 2014

Joseph J Luna SupervisorInvoice No 107881

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00943 Landstein Ham Radio ZBA

Professional Services

Date Services Hours Amount

1to

A

12021 JMGA Attendance at12213ZBA meeting some 010 1650

discussion among ZBA regarding whether to adjournmatter

Total for Services 060 9900

Total for Services and Expenses 9900

Balance Forward 103125

Amount Due 113025

Page 47: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax ID No141799987

Town of LaGrangeMarch 3 2014

Alan Bell SupervisorInvoice No 108213

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00943 Landstein Ham Radio ZBA

Professional Services

Date Services Hours Amount

0

oidi9sssies

Acla010614 RCB Attend ZBA meeting telephone call with Chairman 200 33000

RCB Review file prepared resolution of interim 300 49500

determination for ZBA

or234 Rcraaldrraiff n an

Total for Services 640 105600

Total for Services and Expenses 105600

Balance Forward 113025

Amount Due 218625

Page 48: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater 8 Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax 8454525612Tax IDNo141799987

Town of LaGrange May 2 2014

Alan Bell SupervisorInvoice No 108838

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00943 Landstein Ham Radio ZBA

Professional Services

Date Services Hours Amount

9

ruectixgre0

03031 JMGASBAreefiAttendance at ZBA meeting Email to Ronald C 040 6600

Blass with status update

031014 RCB

c

Telephone call with Jon Adams regarding Landstein 025 4125

031914 RCB Telephone call with ZBA Chair 010 1650

Total for Services

r e

r

250 41250

Total for Services and Expenses

Balance Forward

Amount Due

41250

218625

259875

Page 49: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLP85 Civic Center Plaza

PO Box 112

Poughkeepsie New York 126028454525900

Fax8454525612Tax ID No141799987

Town of LaGrange May 28 2014

Alan Bell Supervisor Invoice No 109236

120 Stringham Road

LaGrangeville NY 12540

CLIENT 00070 Town of LaGrangeRe 00943 Landstein Ham Radio ZBA

Professional Services

Date Services Hours Amount

040714 RCB Telephone call with Jon Adams email to Chairman 035 5775

of ZBA

40714 JMGAg

Appearance at ZBA meeting 075 12375

041714 RCB Conference with client regarding reasonable 025 4125

accommodation issues

s

Total for Services 280 46200

Total for Services and Expenses 46200

Balance Forward 259875

Amount Due 306075

Page 50: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Van DeWater Van DeWater LLF Page 1

Run6102014114204AM Matter Ledger ReportFileMLDGR

1I 11 o7n rn5131 MMa

Code Name Init Atty RCB Blass JrRonald C

Client 00070 Town of LaGrange Bill Atty RCB Blass JrRonald C

Matter 00943 Landstein Ham Radio ZBA Resp Atty RCB Blass JrRonald C

Unbilled Time

To Be Billed

Code Name Date Code Hours Value Task Ref Text

RCB Blass JrRonald C 050214 B 025 4125 21 C6402 Email to Chairman

JMG Anderson Janis M Go me050414 B 030 4950 21C7507 Preparation for and attendance at May 5 2014 ZBA

meeting

Blass Jr Ronald C 050514 B 035 5775 21 C6418 Email to ZBA Chair

RCB Blass Jr Ronald C 050514 B 010 1650 21 C6428 Email to client

Billable 100 16500

NonBillable 000 000 Matter

Suppressable 000 000 Hours Value

Total Unbilled Time 100 16500 Total 100 16500

Code Description

Advanced

NonCashTotal Unbilled Expenses

Date Text

000

000 Matter Value

000 Total 000

Matter Ledger summary Matter Value of

Total Current 3160 6190 Over 90 Trust Balance Prepaid Balance WIP Carried Forward

WIP 16500 16500 000 000 000 000 000 Fees 16500

Costs 000

AlR 306075 87450 000 105600 113025Total 16500

End of Re ort

Unbilled ExpensesTo Be Billed

Ck Ck Date S Value Ref

Page 51: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

EXHIBIT B

Page 52: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

fr Ca J l

a y

Invoice Clark Patterson LeeDESIGN PROFESSIONALS

July 25 2014

Project No 1127800

Invoice No 46807

CHRISTINE TOUSSAINTTOWN OF LAGRANGE120 STRINGHAM RD

LAGRANGEVILLE NY 12540

ZBA SUPPORT Landstein Antenna Review r S T

Rrofessianal Services for the period endin4 June 72 2014

Fee

Total Fee 50000

PercentComplete 10000 Total Eamed

Previous Fee BillingCurrent Fee BillingTotal Fee

kQ50000

5000050000

Total this Invoice 50000

8i4

GregW Bolner PE

BUG i 2014

4 r

i

PLEASE REFERENCE INVCICE NUMBER ON PAYMENT

103 Executive Drive

Suite 202New Windsor NY 12553

clarkpattersancom8002749000 rE

8455679614FAx

Page 53: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Stoirnwater Olanagerreent Consultants lnc

PO Box 202

LaGrangevitle stew Yorl 12540

Still To

Alan Belf Planning Board ChairmanTown of LaGrange120 Stringham Road

LaGrangeville New York 12540

Net 30 7112011

Planning Board review

Attendance at Planning Board meetingPlanning Board review

Site inspectionwPunning Board

025

1

250

10000

Total 125A0

PaymentsCredits 000

Balance DueT 1250

9 2 F1IisI

J v1c 3 93

teaInvoice

612011 111201

sil

LG146 Wam Radio Anten

Page 54: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

RESOLUTION

WHEREAS Edward White has twentyfouryears of cumulative serve with the Town of

LaGrange Highway Department and

WHEREAS the Town Board ofthe Town of LaGrange wishes to waive the fifteen years of

continuous service requirement

THEREFORE BE IT RESOLVED the Town Board does hereby waive the fifteen years of

continuous service requirement for Edward White

MOTION Councilman Luna

SECOND Councilman Dyal

The following vote was taken

Supervisor BellAYE

Councilman Luna AYE

Councilman JessupAYE

Councilman PolhemusABSENT

AYECouncilman Dyal

The resolution was duly passed

f

ChristineOReillyRaoLaGrange Town Clerk

Dated November 12 2014

Page 55: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

RESOLUTION

Councilman Dyal offered the following resolution which was seconded by Luna who

moved its adoption

WHEREAS the Dutchess County Society for the Prevention of Cruelty to Animals

SPCA and the Town have a proposed 2015 Dog Control Housing Agreement specifying

the terms and conditions under which the SPCA will shelter dogs seized by the Town of

LaGrange Animal Control Officer and

WHEREAS a copy of the proposed agreement is annexed hereto as ExhibitA

NOW THEREFORE BE IT RESOLVED that the Town Board approves and authorizes

the Supervisor to execute a proposed agreement between the SPCA and the Town annexed

hereto as Exhibit A or any other agreement having substantially the same or similar

provisions

The foregoing resolution was voted upon with all councilmen voting as follows

Supervisor Bell

Councilman Luna

Councilman Jessup

Councilman Polhemus

Councilman Dyal

DATED LaGrangeville New York

November 12 2014

AYE

AYE

AYE

ABSENT

AYE

C ST1NEOREILLYRAO CLERK

addsvrUsersdocumentsoreillyrao2014Resolutions20141112 Resolution

2015 SPCA AgreementdoCx

Page 56: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

19 TERMS This contract can be cancelled at any time from either party with sixty 60 days

written notice

20 PAYMENT All bills submitted to the TOWN will be paid within sixty 60 days Ifno

payment is made to the DCSPCA within sixty 60 days the DCSPCA reserves the right to

charge a5000 permonth surcharge

IN WITNESS WHEREOF the parties have executed this Agreement in two 2 counter

parts each ofwhich shall constitute an original the day and year first above written

DUTCHESS COUNTY SPCA

ByJackie Rose Executive Director

TOWN OF LAGRANGE

ByAlan Bell Town Supervisor

6

Page 57: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

DOG CONTROL HOUSING AGREEMENT

HIS AGREEMENT made this 12th day of November 2014 by and between

DUTCHESS COUNTY SPCA

aNew York NotFor Profit Corporation

having an address of636 Violet Avenue Hyde Park New York 12538

Hereinafter referred to as DCSPCA

and

TOWN OF LAGRANGE

amunicipal corporation

Hereinafter referred to as the TOWN

WHEREAS the TOWN OF LAGRANGE Dog Control Officer hereinafter referred to

the DCO is empowered to seize dogs pursuant to the provisions ofAgriculture and Markets

Law Article 7 117 and

WHEREAS this Agreement applies only to dogs seized by the DCO that are running at

large and

WHERES pursuant to Agriculture and Markets Law Article 7 117 dogs seized by a

DCO are required to be properly fed and watered during the applicable redemption period and

WHEREAS DCSPCA maintains a kennel for boarding dogs and other animals at its

office located at 636 Violet Avenue Hyde Park New York 12538 and

WHEREAS the TOWN wishes to contract with DCSPCA to provide shelter for dogsseized by the DCO upon terms and conditions hereinafter set forth

NOW THERFORE it is hereby agreed by and between DCSPCA and the TOWN as

follows

1 RECITATION INCORPORATED These recitations above set forth are incorporated in

this Agreement as if fully set forth and recited herein

2 TERM OF AGREEMENT This agreement shall be become effective January 1 2015

and shall continue until December 31 2015

1

Page 58: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

3 BOARDING DCSPCA hereby agrees to provide boarding which included shelter food

and water as required by the Law for the following dogs

a Anyall dogs running at lazge stray seized by the DCO as outlined by the Agriculture

and Markets Law Article 7 1171 2 and

b Anyall dogs who have been seized by acourt order pending a dangerous dog hearing

as outlined by the Agriculture and Markets Law Article 7 1232

All dogs seized by the DCO shall be delivered to the offices of DCSPCA at 636 Violet

Avenue Hyde Park New York 12538

4 HOLDING PERIOD In order to provide the owners areasonable time period in which to

reclaim their seized dog the DCSPCA and the TOWN agree to the following

a For dogs running at large straysi Dogs that are not appropriately identified as outlined by the Agriculture and

Markets Law Article 7 1174 will be held for seven 7 days from the date

they enter the shelter

ii Dogs that are appropriately identified as outlined by the Agriculture and

Markets Law Article 7 1176 will be held for eleven 11 days from the

date they enter the shelter The TOWN is responsible for notifying the owner

ofthe seizure as per the Agriculture and Markets Law Article 71176

iii Upon expiration of the above stated holding periods any and all dogs that

have not been reclaimed by their owner will become the property of the

DCSPCA as outlined by the Agriculture and Markets Law Article7117 7

a

b For dogs seized under a court order pending a dangerous dog hearing as outlined

by the Agriculture and Markets Law Article 7 1232as per

Dogs will be held until final disposition by the court OR a maximum of

fourteen 14 days whichever comes first If the final hearing has not been

held by the end ofthe fourteenth day the TOWN will be responsible to make

alternate arrangements housing of such dogs The DCSPCA may consider

continued housing on a case by casebasis to be negotiated with the TOWN

c Unclaimed dogs will be evaluated by the DCSPCA staff to determine if a dogs

disposition and temperament will enable it to be adopted If the dog is determined to

be adoptable it will be placed for adoption by the DCSPCA Ifthe dog is determined

to not be adoptable the DCSPCA will determine the best options for the dog The

DCSPCA reserves the right to handle the final disposition of dogs determined to be

unadoptable within the Mission Statement of the DCSPCA

Page 59: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

RABIES VACCINATION As outlined by the Agriculture and Mazkets Law Article 7

1091a for all dogs that are to be reclaimed the owner must provide proof of town

license including proof of rabies vaccination As such the DCSPCA will not release any

dog to its owner without proof of current town license and rabies vaccination In the event

that the dog is not uptodate on its rabies vaccine andor the owner is unable to provideproof ofsuch vaccine to the TOWN the DCSPCA will administer arabies vaccine to the dog

prior to redemption and will charge the owner for the cost ofthis service

EMERGENCY VETERINARY CARE In the event that a dog that is boazded is

determined by best judgment of the DCSPCA medical staff to be in need of emergency

veterinary caze the DCSPCA will arrange medical care for the dog The TOWN will be

charged for the veterinary fees as incurred by the DCSPCA only in the event the dog is not

redeemed by the owner The TOWN shall have the right to recoup the fees from the owner

n FEES

a Boazdin

i The DCSPCA boazding fee is 4000 per day The first day is charged upon

admission to the shelter and each subsequent day is calculated upon the dog being on

the DCSPCA property at 1200 am each day

ii For dogs that aze reclaimed by their owner the owner will be required to pay the

boazding fee directly to the DCSPCA If an owner is unable or unwilling to pay this

fee within the holding period the dog will not be released to the owner and the dog

will become the property ofthe DCSPCA upon expiration ofthe holding period

iii For dogs that aze not reclaimed by the owner the DCSPCA will invoice the TOWN

for the boarding fee

iv For dogs that have been seized due to running at large and have been previousdeemed a dangerous dog by order from a Court of competent jurisdiction AND

dogs that have been seized by court order pending a dangerous dog hearing there

will be fee of15000 in addition to any and all daily boazding fees

b Rabies Vaccination

i The fee for arabies vaccine is 2500

ii For dogs that are reclaimed by their owner the owner will be required to pay the

vaccine fee directly to the DCSPCA If an owner is unable or unwilling to pay this

fee within the holding period the dog will not be released to the owner and the dog

will become the property ofthe DCSPCA upon expiration ofthe holding period

iii For dogs that are not reclaimed by the owner the TOWN will not be billed for the

rabies vaccine

3

Page 60: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

c EmerencyVeterinary Care

i For services provided by the DCSPCA medial team the DCSPCA usual and

customary fees will be appliedii For care that requires services from acommunitybasedveterinarian the actual fee

from the veterinarian will be applied The DCSPCA will make the determination of

which communitybased veterinarian will be utilized

iii For dogs that aze reclaimed by their owner the owner will be required to pay the

medical caze fees directly to the DCSPCA If an owner is unable or unwilling to pay

these fees within the holding period the dog will not be released to the owner and the

dog will become the property ofthe DCSPCA upon expiration ofthe holding periodiv For dogs that aze not reclaimed by the owner the TOWN will be billed for the

medical caze fees The TOWN shall have the right to recoup the fees from the owner

8 RECLAIMREDEMPTION OF DOGS In an effort to simply the billing process for both

the DCSPCA and the TOWN both parties agree that for those cases in which the owner

wants to reclaim their dog the owner must pay any and all TOWN feesfines directly to the

TOWN and directly pay any and all DCSPCA fees directly to the DCSPCA As such the

following process will be employed

a All owners will be informed by the TOWN andor the DCSPCA of the necessarydocumentation and fees to be paid in order to reclaim their dog as well as the process to

accomplish this task

b Upon payment of the town fee the TOWN will issue a copy of the Agriculture and

Markets Department Form DL18or comparable form to the dog owner or designeewhich will evidence that the TOWN has received all TOWN reclaimredemption fees

The owner will be instructed to present this documentation to the DCSPCA to reclaim

their dog Additionally they will be informed of the need to pay the boarding and other

applicable fees directly to the DCSPCA upon reclaiming their dogc The DCSPCA shall be available to process reclaims of dogs at its office on the following

daysi Monday thru Friday 800am to 400pm

ii Saturday and Sunday 1200pm to 400pm

iii Dogs may not be reclaimed on observed holidays

9 KENNEL SPACE At all times the DCSPCA will provide kennel space for all dogsthat aze seized the Dog Control DCO will have twentyfour24 hour access to DCSPCA

kennels for the delivery of dogs The DCO will be required to complete DCSPCA

paperwork and ensure that the dog has food water and bedding in its kennel

4

Page 61: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

10 INDEMNIFICATION The DCSPCA shall defend indemnify and hold the TOWN its

officials officers and employees harmless from and against all actions proceedings claimsdamages liabilities losses and expenses including without limitation reasonable attorneysfees arising out of the wrongful actions of the DCSPCA The TOWN shall defend and

indemnify and hold the DCSPCA its officials officers and employees harmless from and

against all actions proceedings claims damages liabilities losses and expenses includingwithout limitation reasonable attorneys fees arising out of the wrongful acts or admissions

ofthe TOWN

11 APPLICABLE LAW This Agreement shall be governed by construed and enforced in

accordance with the laws ofNew York with regard to conflicts oflaws and principles oflaw

12 WAIVER No waiver of any breach of any condition of this Agreement shall be bindingunless in writing and signed by the party waiving such breach No such waiver shall in any

way affect any other term or condition ofthis Agreement or constitute a cause or excuse for

repetition ofsuch or any other breach unless the waiver shall specifically include the same

13 MODIFICATION This agreement constitutes the complete understanding of the partiesNo modification of any provisions thereofshall be valid unless in writing and signed by both

parties

14 NOTICES All notices demands requests consents approvals or other communications

for the purpose of this paragraph collectively called Notices required or permitted to be

given hereunder to anyparry to this Agreement shall be in writing and shall be sent overnightdelivery service or registered or certified mail return receipt requested postage prepaid

15 SUCCESSORS and ASSIGNS This Agreement shall apply to bind the successors and

heirs administrators and executor ofthe parties hereto

1ENTIRE AGREEMENT This written Agreement when signed by all parties forms the

entire Agreement between the parties and replaces and supersedes all prior Agreements or

undertakings between the parties if any

1nBINDING EFFECT This Agreement shall be binding on the heirs executorsadministrators successors and assigns ofthe parties hereto

18 AUTHORIZATION This Agreement was authorized by Resolution ofthe Town Board of

the Town of LaGrange duly adopted at a regular meeting of the Town Board

held on the 12thday of November 2n

5

Page 62: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

RESOLUTION

Councilman Dyal introduced the following resolution which

was seconded by Councilman Jessup

WHEREAS on October 7 2014 the Town of LaGrange entered

into an Agreement with Ismael Roman under which Mr Roman

committed himself to make a gift to the Town of LaGrange of an

approximate 4731 acre unimproved portion of a 6108 acre parcelof land located at 33 Milano Drive in the Town and more

particularly having been assigned LaGrange tax parcel number

626102852950 and

WHEREAS the Town is currently assessing whether it will

accept the gift under the Agreement and

WHEREAS in anticipation of the Towns acceptance of the

gift of a portion of 33 Milano Drive the Town Board intends to

assess after public hearing whether the gift transaction

should be exempt from the Townslocal requirement of a land

subdivision under the standards set forth in the law of this

State in the Matter of Monroe County 72 NY2d 338 533

NYS2d702

Page 63: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

NOW it is hereby resolved as follows

1 The Town Board shall review at public hearing

whether the Towns acceptance of a gift of a portion of 33

Milano Drive should be exempt from local land subdivision

requirements

2 The Town Clerk is requested to publish and post

the following Notice of Public Hearing at least five days prior

to the date scheduled for public hearing on December 10 2014

Page 64: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

NOTICE OF PUBLIC HEARING

TAKE NOTICE that the Town Board of the Town of LaGrange

will hold a public hearing at the Town Hall 120 Stringham Road

LaGrangeville New York on December 10 2014 at 700oclock

pm prevailing time whether the Towns acceptance of a gift

of a portion of 33 Milano Drive in the Town should be exempt

from the Townslocal requirement of land subdivision under the

standards established by state law in the Matter of Monroe

County 72 NY2d 338 533 NYS2d702

TAKE FURTHER NOTICE that all persons interested and

citizens shall have an opportunity to be heard on said proposal

at the time and place aforesaid

DATED LaGrangeville New York

November 12 2014

CHRISTINEOREILLYRAO

Town Clerk

Page 65: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

The foregoing resolution was voted upon with all councilmen

voting as follows

Supervisor Bell AYE

Councilman Jessup AYE

Councilman Luna AYE

Councilman Polhemus ABSENT

Councilman Dyal AYE

DATED LaGrangeville New York

November 12 2014

1CHRISTINEOREILLYRAO

Town Clerk

Page 66: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

Website DevelopmentBased on interest shown during shared services meetings the County is pleased to offerwebsite development to municipalities by the same County OCIS team that develops andmanages the County Website dutchessnygov

As part of the municipal websites OCIS will incorporate advanced features from theCountys award winning Website as well as new features developed specifically formunicipal sites

Below are Special Features and Functions that are included on the Base Website Alsoprovided are a few Optional Features that municipalities may select at additional costThis allows Municipalities to keep costs to only the features that are important to them

Special Features and Functions Included in Base Website

A Full Content Management using Opentext CMS will provide municipal staffwith the ability to update all website content eliminates the need for theWebmaster to make the updates or staff having to know web languages suchas HTML

Content updates will be made by municipalities through easytouse TemplatesProvides a workflow to allow entry and authorization ofWeb Content changesFull Content Management is a key component for a municipal website This is notalways provided by Web Development firms

B Improved Navigation for easy access to services and information This includesadvanced techniques such as Megamenus and a Googlelike Search function

C Integration of County Website features and services with those on theMunicipal Website

This will allow residents to easily maneuver between the two websites and findservices without having to first know Does the municipality or the County providethe service

D Provide information to residents that qo beyond the services of the municipalgovernment to provide one stop shopping for key information that is importantto residents for services from the surrounding community and beyond

Community Services

TourismLeisureState Services

Federal Services

Page 67: Town of LaGrange, New York:Government:Town …t STATE OF NEW YORK COUNTY OF DUTCHESS TOWN OF LAGRANGE Present Absent Recording Secretary Others Present TOWN BOARD MEETING November

E Language Selection function on every page

Ability for residents to select a language to display pages just as we have on the

County Website

F Map Directions function for municipal buildingsUse the Map Directions function from the County website as the basis for this Thisincludes photos of buildings and parking lots

G Photos taken and edited as needed Up to one full day included

H Website Feedback Survev

I Managed and maintained at the Countyssecure Computer Center

J One Year Free Hosting and Support included

Optional Features

A Public Alerts Advisories incorporated into the Municipal Website

Includes nonemergency and emergency advisories

Integrates with NYAlert emergency related advisories

Allow residents to look at Municipal andor County Alerts

Integrates with DutchessDelivery public outreach if purchased

B Consolidated Calendar

Municipal Events and Meeting are entered into an easytouse application andthen accessible to the public on a Website Calendar The Calendar items mayinclude attachments meeting minutes and links to website pages

Calendar events will be part of DutchessDelivery if purchased Thus residentscan automatically be notified of Calendar meetingseventsAllow residents to view Municipal andor County calendars

C DutchessDelivery Public Outreach Service in which residents receive emails or

text messages for information advisories for topics that they subscribe to

Subscribe to topics such as advisoriesalerts meetingsminutes newsletters etc

Website can be setup with Page Watch function to automatically send residentsnotifications when website content has changed that relates to topics of interest

Digital Newsletter

The municipalities version of DutchessDelivery promoted on County Website

D Dixerit Text to Speech Conversion Allows Web Pages to be read aloud

accessibility for sight impaired