Town Board Regular Meeting Summary (PDF)

TOWN OF POUGHKEEPSIE TOWN BOARD MEETING OCTOBER 7, 2026 AGENDA A public meeting of the Town of Poughkeepsie Town Board will be held on Wednesday, October 7, 2026, at 7:00 PM, or as soon thereafter as the matter may be heard. Members of the community can access the Town Board meeting through Zoom information below: https://us06web.zoom.us/j/82874336976 Via the Zoom website or application (“app”): Meeting ID: 828 7433 6976 Password: 850427 “The Town of Poughkeepsie strives to provide remote access to meetings and public hearings via Zoom, though this is not a legal requirement. In case Zoom malfunctions, staff will do their best to fix the problem but whether this is successful, the meeting will proceed. Members of the public who wish to speak at public hearings or meetings should plan to come to Town Hall in person if they want to be guaranteed an opportunity to participate.” Members of the community can also simply call into the Town Board Meeting using the following phone number: 1-929-205-6099 and the meeting ID and meeting password above. The meeting is also broadcast live on Cablevision/ Optimum Channel 22 and Verizon Fios Channel 38 (which is having technical difficulties at this time) TOWN BOARD MEETING 10:07-01 Accept Retirement of Sergeant Kevin Brady (Chief Cavaliere) 10:07-02 Appoint Nicholas Morales as Police Officer (Chief Cavaliere) 10:07-03 Public Hearing Amend Town Code Ch.195, “Vehicles and (Chief Cavaliere) Traffic”, - Boardman Road 10:07-04 Presentation By Shannon Mannese, RBT CPAs (Comptroller Patel) 2025 Financials 10:07-05 Presentation/Set 11/4 Development Master Plan/Text Amendment- (Director Welti) Historic Revitalization Dev. Dist.– 3D Hudson LLC 10:07-06 Set 10/21 for Public Hearing 2027 Town Budget–Tentative becomes (Supervisor Edwards) Preliminary 10:07-07 Set 10/21 for Public Hearing Special Districts Assessment Rolls (Assessor Gilmartin) 10:07-08 Set 11/4 for Public Hearing Amend Town Code Chapter 174- Snow (Legal) Removal 10:07-09 Set 11/4 for Public Hearing Amend Town Code re Site Plan Review in (Legal) Agricultural District *DOCS TO FOLLOW* 10:07-10 Award North Grand Avenue Pump Station (Engineering) Replacement 10:07-11 Award Town-Wide Commercial Reassessment (Assessor Gilmartin) Project RFP 10:07-12 Resolution Grant for Traffic Safety Equipment for the (Supervisor Edwards) Town of Poughkeepsie Police Department 10:07-13 Resolution Grant for Pedestrian Safety Action Plan (Supervisor Edwards) 10:07-14 Resolution Donation of Sick Time (Personnel) *DOCS TO FOLLOW* 10:07-15 Declare Return of Escrow and Remediation Deposit (Legal) Regarding 1984 South Road Land Contour 10:07-16 Authorize Supervisor to Sign Manor Hill Legal Agreements (Legal) 10:07-17 Authorize Tax Certiorari Settlement – IBM North 100 (Legal) 10:07-18 Declare Furniture and Equipment located at 244 (Supervisor Edwards) Boardman Road as Surplus to Sell 10:07-19 Approve Rates to Participate in Open Gym Rental at (Supervisor Edwards) 244 Boardman Road *DOCS TO FOLLOW* 10:07-20 Notification The following Notice of Claims have been (Town Clerk Salvatore) referred to Legal: 1. Arroyo; 2. Ramo; and 3. Bauer 10:07-21 Notification Town Clerk Events (Town Clerk Salvatore) Committee/Reports: -Supervisor’s Report -Finance Committee (Laird) -Recreation and Parks (Sharpe) -Joint Water Plant (Laird) -Tri-Municipal Sewer Plant (Edwards) -Budget Committee (Shershin) Liaison Reports as appropriate (Historic Preservation, Plumbing Board, Conservation Advisory Committee, Climate Smart Task Force, Hudson 7) RESOLUTION 10:7 -#_/_ OF 2026 ACCEPT THE RETIREMENT OF KEVIN BRADY, SERGEANT WITH THE TOWN OF POUGHKEEPSIE POLICE DEPARTMENT BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby accept with regret, the retirement of Kevin Brady from his position as a Sergeant with the Town of Poughkeepsie Police Department, effective October 9, 2026. Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays ES/mem t-9/29/2026 m- 10/7/2026 AYE NAY ABSTAIN PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilman Thangiah PRESENT/ABSENT Councilwoman Watson RESENT/ABSENT Councilman Sharpe RESENT/ABSENT Councilwoman Shershit PRESENT/ABSENT Supervisor Edwards G:imllegallr|202610ctlOct 7)retirement-Brady.docx RESOLUTION 10:7-# 2 OF 2026 APPOINT NICHOLAS MORALES AS POLICE OFFICER BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby appoint Nicholas Morales to the position of full time Police Officer under the provisions of Civil Service Law, at the starting yearly salary of $74,743.60, effective October 12, 2026, which appointment shall be subject to a probationary period as described by the Rules for the Classified Civil Service of Dutchess County in effect as of the date of this resolution, and BE IT FURTHER RESOLVED, that the Supervisor is authorized to execute and file all documentation required by the Dutchess County Department of Human Resources in connection with this appointment. Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays ES/mem t-9/29/2026 m- 10/7/2026 AYE NAY ABSTAIN PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilman Thangiah PRESENT/ABSENT Councilwoman Watson PRESENT/ABSENT Councilman Sharpe PRESENT/ABSENT Councilwoman Shershin PRESENT/ABSENT Supervisor Edwards G:Imllegal\r\2026\Oct\Oct 7lappoint Police Officer Morales.docx RESOLUTION 10:7 -H3 OF 2026 AMEND TOWN CODE CHAPTER 195, ENTITLED "VEHICLES AND TRAFFIC", RELATING TO BOARDMAN ROAD BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie, pursuant to a duly noticed public hearing held on October 7, 2026 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY, does hereby amend Town Code, Chapter 195, entitled "Vehicles and Traffic", specifically §195-48. Schedule XIII: "Parking Prohibited at all Times", as follows: §195-48. Schedule XIII: "Parking Prohibited at all Times": DELETE: Name of Street Side Location Boardman Road East/West From the intersection with Zack's Way (at Town/City line) south approximately 3,168 feet AND BE IT FURTHER RESOLVED, that the Legal Notice of Public Hearing was posted on September 17, 2026 and published in the Poughkeepsie Journal on September 24, 2026; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Poughkeepsie does determine that this action is a Type II Action requiring no environmental review; and BE IT FURTHER RESOLVED, that said local law shall become effective immediately upon filing with the Secretary of State. Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays LH/mem t-9/29/2026 m-10/7/2026 G:tmllegal\r120261OctlOct 7\PH Ch195-Boardman.docx AYE NAY ABSTAIN PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilman Thangiah PRESENT/ABSENT Councilwoman Watson PRESENT/ABSENT Councilman Sharpe PRESENT/ABSENT Councilwoman Shershin PRESENT/ABSENT Supervisor Edwards G:Imllegal\r12026\OctlOct 7\PH Ch195-Boardman.docx Presentation-By Shannon Mannese, RBT CPAs - 2025 Financials Town of Poughkeepsie, New York December 31, 2025 This present at ion was prepared as part of our audit , has consequent ial limit at ions, is rest rict ed t o t hose charged wit h governance and, if appropriat e, management , and is not int ended and should not be used by anyone ot her t han t hose specified part ies. © Copyright 2026 RBT CPAs, LLP. All rights reserved. 1 Overall ❖RBT thanks Minal, Rebecca and their team for their assistance and cooperation during the 2025 audit. ❖Significant issues that impacted the audit: ❖None noted ❖Required communications: ❖No significant or unusual transactions or policies noted ❖No disagreements with management ❖Joint Water 2025 Financial Statements were dated September 10, 2026 © Copyright 2026 RBT CPAs, LLP. All rights reserved. 2 Summary of Auditor’s Results ❖Financial Statement Audit Opinion: Unmodified/Clean ❖Internal Control Weaknesses Identified: Two were identified. ❖Non Compliance: One was identified. ❖Restatements: There were three restatements that caused the beginning net position balance to increase by $245,976, and beginning governmental fund balance to decrease by $391,149. ❖Thirty-six journal entries were proposed and accepted by the Comptroller during our audit procedures. Additionally, six entries were provided by the Town after the audit began. © Copyright 2026 RBT CPAs, LLP. All rights reserved. 3 Cash and Cash Equivalents ❖Aggregate bank balances as of December 31, 2025 were $30,448,901 ❖Governmental fund book balances as of December 31, 2025 were $31,327,652 © Copyright 2026 RBT CPAs, LLP. All rights reserved. 4 Governmental Funds Cash Breakout Assets General Fund A General Fund B Highway Fund Water Fund Sewer Fund Capital Projects Fund Debt Service Fund Joint Water Non-Major Funds Cash & Cash Equivalents 6,013,250 $ 14,261,300 $ 5,087,983 $ 1,292,511 $ 1,850,268 $ - $ 624,007 $ 948,578 $ $ 165,146 Restricted Cash 884,549 - - - - - - - - Total Cash & Cash Equivalents 6,897,799 $ 14,261,300 $ 5,087,983 $ 1,292,511 $ 1,850,268 $ - $ 624,007 $ 948,578 $ $ 165,146 [Balance Sheet, from Financials, page 12] © Copyright 2026 RBT CPAs, LLP. All rights reserved. 5 $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 Bonds Payable Bonds Payable Last 5 Fiscal Years $42,269,486 $38,382,744 $35,588,656 $32,437,598 $29,336,540 2021 2022 2023 2024 2025 © Copyright 2026 RBT CPAs, LLP. All rights reserved. 6 Installment Purchases Intallment Purchases Last 5 Fiscal Years $1,200,000 $1,098,808 $1,000,000 $864,931 $800,000 $578,251 $600,000 $423,660 $400,000 $284,127 $200,000 $0 2021 2022 2023 2024 2025 © Copyright 2026 RBT CPAs, LLP. All rights reserved. 7 Net Position without Actuarial Amounts 2023 2024 2025 Net position (37,871,150) $ (43,035,354) $ $ (42,161,380) Add OPEB Liability & Related Balances 104,376,294 102,523,535 109,527,810 Add Pension Liability & Related Balances 5,869,606 8,606,202 7,246,232 $ Net Position without actuarial amounts: 72,374,750 $ 68,094,383 $ 74,612,662 © Copyright 2026 RBT CPAs, LLP. All rights reserved. 8 Fund Balance Summary Fund Balances General Fund A General Fund B Highway Fund Water Fund Sewer Fund Capital Projects Fund Debt Service Fund Joint Water Fund Non Major Governmental Funds Nonspendable 308,986 $ 1,021,247 $ 68,393 $ 54,164 $ 21,522 $ - $ - $ 62,280 $ $ - Restricted 884,549 - - - - - - - - Assigned 1,175,090 14,549,045 4,750,054 6,879,176 3,178,336 - 618,478 - 170,539 Unassigned 3,095,119 - - - - (907,131) - (218,466) (867,537) Total Fund Balance 5,463,744 $ 15,570,292 $ 4,818,447 $ 6,933,340 $ 3,199,858 $ (907,131) $ 618,478 $ $ (156,186) $ (696,998) © Copyright 2026 RBT CPAs, LLP. All rights reserved. 9 Capital Assets Restated Beginning Balance Increases Decreases Reclassification Ending Balance Governmental activities: Capital Assets, not being depreciated: Land 10,702,283 $ - $ - $ - $ $ 10,702,283 Construction in Progress 3,062,985 593,408 - (1,433,077) 2,223,316 Total Capital Assets, not being depreciated 13,765,268 593,408 - (1,433,077) 12,925,599 Capital Assets, being depreciated: Buildings and Improvements 29,240,485 - - 41,660 29,282,145 Improvements Other than Buildings 121,552,364 1,088,995 - 803,163 123,444,522 Infrastructure 3,347,501 - - - 3,347,501 Machinery and Equipment 33,270,246 2,439,240 (103,486) 588,254 36,194,254 Total Capital Assets, being depreciated 187,410,596 3,528,235 (103,486) 1,433,077 192,268,422 Accumulated Depreciation for: Buildings and Improvements (20,515,093) (662,867) - - (21,177,960) Improvements other than buildings (87,864,392) (2,281,020) - - (90,145,412) Infrastructures (2,426,338) (112,996) - - (2,539,334) Machinery and Equipment (19,306,964) (1,799,031) 36,930 - (21,069,065) Total Accumulated Depreciation (130,112,787) (4,855,914) 36,930 - (134,931,771) Total Capital Assets being depreciated, net 57,297,809 (1,327,679) (66,556) 1,433,077 57,336,651 Governmental Activities Capital Assets, Net 71,063,077 $ (734,271) $ (66,556) $ - $ $ 70,262,250 © Copyright 2026 RBT CPAs, LLP. All rights reserved. 10 THANK YOU Shannon M. Mannese, CPA, CFE [email protected] 11 Racquet Road Newburgh, NY 12550 (845)567-9000 2678 South Road, Suite 101 Poughkeepsie, NY 12601 (845)485-5510 51 Sullivan Street, PO Box 209 Wurtsboro, NY 12790 (845)888-5656 2215 Rt. 9W Lake Katrine, NY 12449 (845)336-7183 4071 Route 9 Hudson, NY 12534 (518)828-4616 555 Madison Avenue, 5th Floor New York, NY 10173 (718)772-0850 © Copyright 2026 RBT CPAs, LLP. All rights reserved. 11 RESOLUTION 10:7 - H5 OF 2026 RESOLUTION SETTING A PUBLIC HEARING REGARDING A DEVELOPMENT MASTER PLAN (DMP) AMENDMENT FOR HUDSON HERITAGE AND A ZONING TEXT AMENDMENT TO THE HISTORIC REVITALIZATION DEVELOPMENT DISTRICT (HRDD) RELATED TO 45 WINSLOW GATE ROAD IN THE TOWN OF POUGHKEEPSIE WHEREAS, the Town Board has received an application from 3D Hudson, LLC which requests a minor Development Master Plan (DMP) Amendment for Hudson Heritage and a a zoning text amendment that would add "Motor Vehicle Repair Facility" and "Motor Vehicle Accessory Sales" as permitted uses within the Historic Revitalization Development District (HRDD); and WHEREAS, the DMP amendment request is related to a specific development proposal for tax parcel number 134689-6063-04-941036-0000 located at 45 Winslow Gate Road in the Town of Poughkeepsie, consisting of approximately 1.26 acres; and WHEREAS, the proposed zoning text amendment, which was submitted with the application, is attached hereto and incorporated herein and the Town Board does hereby waive a verbatim reading of said amendment and does direct that said amendment be spread across the record as if it, in fact, had been read verbatim; and WHEREAS, that the Town Board accepts the attached Short Environmental Assessment Form (SEAF) Part 1 to commence the SEQRA review process; and WHEREAS, amending the Hudson Heritage DMP and the Zoning Code requires a public hearing, NOW THEREFORE, BE IT RESOLVED THAT: 1. The Town Board hereby determines that, because only the Town Board can consider and adopt amendments to the DMP and the Town Zoning Code, and it served as the Lead Agency to review the initial creation of the HRDD Regulations and Hudson Heritage DMP, it is the only involved agency, and the Board hereby declares its intent to serve as the Lead Agency for purposes of the environmental review of this matter pursuant to SEQR; and 2. The Town Board refers this matter to the Town Planning Board for an advisory report pursuant to Town Code Sections 210-66 and 210-154; and 3. The Town Board refers this matter to the Dutchess County Department of Planning and Economic Development and to each of the municipalities adjoining the Town of Poughkeepsie pursuant to Town Code Section 210-155; and 4. The Town Board, pursuant to Town Code Section 210-156, hereby sets a public hearing on the proposed DMP and Zoning Text Amendments for November 4, 2026 at 7:00 PM, or as soon thereafter as the matter may come to be heard, in the Town Hall, One Overocker Road, Poughkeepsie, New York Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays ES/mem t-9/29/2026 m-10/7/2026 PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilman Thangiah PRESENT/ABSENT Councilwoman Watson RESENT/ABSENT Councilman Sharpe RESENT/ABSENT Councilwoman Shershir PRESENT/ABSENT Supervisor Edwards AYE NAY ABSTAIN G:Imllegal\r\2026/Oct\Oct 7HRDD.docx #5 Back up Documents for Rezone Application Kinley Horn Please use the link below to access the applica�on provided to the Town Board. htps://www.townofpoughkeepsie-ny.gov/DocumentCenter/View/5302/20260917----45-Winslow-Gate- Road-Applica�on-Package RESOLUTION 10:7-# 6 OF 2026 RESOLUTION SETTING A PUBLIC HEARING REGARDING THE 2027 PRELIMINARY BUDGET WHEREAS, on September 16, 2026, the Supervisor presented the Tentative Budget of the Town of Poughkeepsie for the fiscal year beginning January 1, 2027; and WHEREAS, the Town Board has had an opportunity to discuss and vote upon any changes it wishes to make to the budget; now therefore BE IT RESOLVED, that the Town Board hereby adopts the Preliminary Budget of the Town of Poughkeepsie for the fiscal year beginning January 1, 2027, consisting of the Tentative Budget and any approved modifications, for purposes of soliciting public comment; and BE IT FURTHER RESOLVED, that such Preliminary Budget shall be available in the Town Clerk's Office of the Town of Poughkeepsie for public inspection during regular business hours and shall also be posted on the Town's website; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby set the 215* day of October, 2026 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as the date, time and place of the public hearing, on the Preliminary Budget for the fiscal year beginning January 1, 2027, at which time all interested parties will have the opportunity to be heard, which Preliminary Budget was approved by this Board and filed with the Town Clerk; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized, empowered and directed to advertise said public hearing in the Poughkeepsie Journal no less than five (5) days prior to the public hearing and to post same on the Town Clerk's bulletin board G:Imllegal\r\20261Oct\Oct 7\Preliminary Budget Set Date.docx Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays ES/mem t-9/28/2026 m-10/7/2026 AYE NAY ABSTAIN PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilman Thangiah PRESENT/ABSENT Councilwoman Watson PRESENT/ABSENT Councilman Sharpe PRESENT/ABSENT Councilwoman Shershin PRESENT/ABSENT Supervisor Edwards G: Imilegal\r\202610ct\Oct 7 Preliminary Budget Set Date.docx RESOLUTION 10:7 -#_Z OF 2026 RESOLUTION SETTING PUBLIC HEARING REGARDING THE 2027 SPECIAL DISTRICT ASSESSMENT ROLLS BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby set the 21" day of October, 2026 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as and for the time, date and place of a public hearing in regard to the Special District Assessment Roll, which concerns the water districts, sewer districts and drainage districts of the Town of Poughkeepsie; and BE IT FURTHER RESOLVED, that said proposed Special District Assessment Rolls will be on file in the Town of Poughkeepsie Clerk's Office today, October 7, 2026, available for review. Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays ES/mem t-9/29/2026 m-10/7/2026 AYE NAY ABSTAIN PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilman Thangiah PRESENT/ABSENT Councilwoman Watson PRESENT/ABSENT Councilman Sharpe PRESENT/ABSENT Councilwoman Shershin PRESENT/ABSENT Supervisor Edwards G: Imllegal\r\2026\OctlOct 7\spdistrictbudget-sd.docx RESOLUTION 10:7 - # O OF 2026 SET DATE FOR PUBLIC HEARING TO AMEND TOWN CODE CHAPTER 174 ENTITLED "REMOVAL OF SNOW FROM SIDEWALKS" BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby set the 4" day of November, 2026 at 7:00 pm at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, New York, as and for the time, date and place of a public hearing to consider the adoption by local law of an amendment to the Town Code specifically Chapter 174, entitled "Removal of Snow from Sidewalks", and BE IT FURTHER RESOLVED, that the proposed amendments are attached hereto and incorporated herein at Exhibit A, with the additions underscored and deletions stricken, and the Town Board does hereby waive a verbatim reading of said amendments and does direct that they be spread across the record as if they, in fact, had been read verbatim; and BE IT FURTHER RESOLVED, that the local law is a Type II action pursuant to SEQRA requiring no further environmental review; and BE IT FURTHER RESOLVED, that said local law, if adopted, shall take effect immediately upon filing with the Secretary of State. Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays LH/mem t-10/1/2026 m-10/7/2026 G: \mllegal\r|2026\OctlOct 7\SnowRemovalReso.docx AYE NAY ABSTAIN PRESENT/ABSENI Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilwoman Thangiah PRESENT/ABSENT Councilwoman Watson PRESENT/ABSENT Councilman Sharpe PRESENT/ABSENT Councilwoman Shershin PRESENT/ABSENT Supervisor Edwards 2 Town of Poughkeepsie, NY § 174-1 redlined § 174-4 ARTICLE I Maintaining Passable Sidewalks § 174-1. Definitions. As used in this article, the following terms shall have the meanings indicated: SIDEWALK — Any established sidewalk or path for pedestrians alongside a public highway, whether the sidewalk is paved or not. § 174-2. Duties of owners and occupants. _Each and every owner or occupant of a home, building or lot of land in the Town and along which there is a sidewalk shall keep the sidewalk free from snow and ice and shall remove or cause to be removed any and all snow from such sidewalk within twenty-four four hours after any fall of snowtheeach snowfall ends. eccurring between 6:00 a.m. and 6:00 p.m. or, if occurring between 6:00 p.m. and 6:00 a.m., shall remove or cause the removal of the snow within six hours afler the expiration of such period. A.B. It shall be the duty of the owner or occupant of premises in front of which or adjacent to which there is a fire hydrant to remove snow from around the hydrant for a distance of three feet and between the sidewalk or the curb and to keep the fire hydrant free from snow within twenty-four hours after each snowfall ends. B.C. Each and every owner or occupant of a home, building or lot of land in the Town of Poughkeepsie, and along where there is a sidewalk, shall keep the sidewalk free from overhanging trees, bushes and other vegetation that interferes with the use of said sidewalk and shall cause said overhanging trees, bushes or other vegetation to be cut back so as not to interfere with the use of said sidewalks. § 174-3. Failure to clear; costs. —Upon the failure of the person responsible therefor to remove such snow or to cause the removal thereof as required by § 174-2 and in the event that the snowfall shall exceed the depth of three inches for over twenty-fourthirty-six hours, the Town or a Town directed contractor Superintendent of Highways may_, if he or she has available the necessary help and equipment, remove the snow from the sidewalks or fire hydrants which have not been cleared. The property owner shall be responsible for the Town's cost for each incident of snow and ice removal, together with a ten-percent administrative fee to cover the Town's cost for arranging, administering. billing, and collecting for the snow and ice removalcost: The property owner will receive a bill for said costs, and if payment has not been received within 30 days of the receipt of the bill, an additional ten-percent charge may be assessed against the unpaid balance. Unpaid charges The-cost thereof shall be reported to the Town Board, which may shall-levy the cost against the property affected, and the sum of said levy shall remain as a lien against the property until paid and may be added to the owner's tax bill. A. Upon the failure of the person responsible therefor to remove such snow or to cause the removal thereof as required by §174-2, and in the event that the snowfall shall exceed the depth of three inches for over thirty-six hours. the Town may cause the snow to be removed by a Town approved contractor from the sidewalks which have not been cleared. The property owner shall be responsible for the contract price for each-snow and ice control application, together with a ten perent administrative Downloaded from https://ecode360.com/PO1462 on 2026-02-19 Town of Poughkeepsie, NY § 174-1 §174-4 cost. If such amount remains unpaid for thirty days. an additional ten percent charge may be assessed against the unpaid balance. The total amount due shall be reported to the Town Board, which shall tery the amount against the property affected, and the sum of said levy shall remain as a lien agatst the property unti paid and may be added to the owner's tax bill. A. B. Upon the failure of the person responsible therefor to maintain said overhanging trees, bushes or other vegetation so as not to cause impediment or interference with the use of the sidewalk as required by § 174-2, then in that event the Town or a Town directed contractor Superintendent of Highways-may, if it has he ot she has available the necessary help and equipment, trim said overhanging trees, bushes and other vegetation or may contract for said maintenance. The property owner shall be responsible for the Town's cost for each incident of vegetation maintenance. together with a ten-percent administrative fee to cover the Town's cost for arranging, administering, billing. and collecting for the vegetation maintenance. The property owner will receive a bill for said costs, and if payment has not been received within 30 days of the receipt of the bill, an additional ten-percent charge may be assessed against the unpaid balance. Unpaid charges shall be reported to the Town Board. which may levy the cost against the property affected. and the sum of said levy shall remain as a lien against the property until paid and may be added to the owner's tax bill. He or she shall report the cost thereof to the Town Board, which shall levy the cost against the property affected, and the sum of said lery shall remain as a lien against the property until paid and may be added to the owner's tax bill. § 174-4. Nonliability of Town. Nothing in this article shall require the Town or a Town directed contractor Superintendent of Highways to remove snow from the sidewalks of property not owned by the Town, and any such act as provided for in § 174-3 Downloaded from https://ecode360.com/PO1462 on 2026-02-19 shall be entirely according to the Town's to his or her judgment, which shall be final. The removal of snow by the Town or a Town directed contractor Superintendent of Highways or his or her employees-or its his or her failure to do so shall not impose any liability upon the Town. § 174-5. Clearing areas around hydrants. It shall be the duty of the owner or occupant of premises in front of which or adjacent to which there-is a fire hydrant to remove-snow from around the hydrant for a distance of three feet and between the sidewall-or the curb and to keep the fire hydrant free from snow throughout the winter. § 174-56. Penalties for offenses. A. In addition to the liability for the cost of removal of the snow from sidewalks as provided in § 174-3, tthe violation of this section shall be punishable by a fine of not more than $1.000250 or imprisonment for not more than 15 days, or both. B. The provisions of this article shall be enforceable by the Zoning Administrator of the Town of Poughkeepsie who shall have the authority to write appearance tickets for violations. Each day of continued violation shall constitute a separate offense. $ 174.7. Time frame for removat. The obligations under this artiele shall be accomplished within the time frames set forth in § 174 2 of this article, and the property owner shall also be subject to the provisions of § 174-3 of this article: § 174-68. Liability of owners. A property owner who fails to comply with the provisions of this article of law and its sections, may shall-in addition to the penalties herein set forth be liable to those individuals who are injured by the property owner's failure to comply with the terms and conditions of this section if said failure to adhere to this section is the proximate cause of any damages or injuries sustained, and said property owner shall indemnify the Town of Poughkeepsie from any claims generated by Downloaded from https://ecode360.com/PO1462 on 2026-02-19 Town of Poughkeepsie, NY clean BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows: SECTION 1. LEGISLATIVE INTENT This local law amends Chapter 174 of the Code of the Town of Poughkeepsie, entitled "Removal of Snow from Sidewalks," to improve the operation of the Town's procedures for maintaining passable sidewalks. SECTION 2. AUTHORITY This law is enacted pursuant to Section 10 and 12 of the Municipal Home Rule Law and Section 64(5-b) and 130(4) of the Town Law. SECTION 3. FINDINGS AND PURPOSE The Town of Poughkeepsie desires to improve its procedures for maintaining passable sidewalks. The Town Board finds that snow should be cleared within 24 hours for public safety, and that relevy procedures are necessary to ensure costs are allocated appropriately. SECTION 4. AMENDMENT TO CHAPTER 174 OF THE TOWN CODE Chapter 174 of the Town Code, "Removal of Snow from Sidewalks," is hereby repealed and replaced with the version annexed hereto. SECTION 5. SUPERSESSION To the extent that any provision of this Chapter is inconsistent with Town Law or any other provision of New York State law, the provisions of this Chapter are expressly intended to and do hereby supersede any such inconsistent provision under the Town's municipal home rule powers. SECTION 6. SEVERABILITY If any clause, sentence, paragraph, section, article or part of this Local Law shall be adiudicated in any court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered, and such invalidity shall not be deemed to affect the remaining portions thereof. SECTION 7. EFFECTIVE DATE This local law shall take effect immediately after it is filed with the Secretary of State. ARTICLE I Town of Poughkeepsie, NY Maintaining Passable Sidewalks § 174-1. Definitions. As used in this article, the following terms shall have the meanings indicated: SIDEWALK — Any established sidewalk or path for pedestrians alongside a public highway, whether the sidewalk is paved or not. § 174-2. Duties of owners and occupants. A. Each and every owner or occupant of a home, building or lot of land in the Town and along which there is a sidewalk shall keep the sidewalk free from snow and ice and shall remove or cause to be removed any and all snow from such sidewalk within twenty-four hours after each snowfall ends. B. It shall be the duty of the owner or occupant of premises in front of which or adjacent to which there is a fire hydrant to remove snow from around the hydrant for a distance of three feet and between the sidewalk or the curb and to keep the fire hydrant free from snow within twenty-four hours after each snowfall ends. C. Each and every owner or occupant of a home, building or lot of land in the Town of Poughkeepsie, and along where there is a sidewalk, shall keep the sidewalk free from overhanging, trees, bushes and other vegetation that interferes with the use of said sidewalk and shall cause said overhanging trees, bushes or other vegetation to be cut back so as not to interfere with the use of said sidewalks. § 174-3. Failure to clear; costs. A. Upon the failure of the person responsible therefor to remove such snow or to cause the removal thereof as required by § 174-2 and in the event that the snowfall shall exceed the depth of three inches for over twenty-four hours, the Town or a Town-directed contractor may remove the snow from the sidewalks or fire hydrants which have not been cleared. The property owner shall be responsible for the Town's cost for each incident of snow and ice removal, together with a ten-percent administrative fee to cover the Town's cost for arranging, administering, billing, and collecting for the snow and ice removal: The property owner will receive a bill for said costs, and if payment has not been received within 30 days of the receipt of the bill, an additional ten-percent charge may be assessed against the unpaid balance. Unpaid charges shall be reported to the Town Board, which may levy the cost against the property affected, and the sum of said levy shall remain as a lien against the property until paid and may be added to the owner's tax bill. B. Upon the failure of the person responsible therefor to maintain said overhanging trees, bushes or other vegetation so as not to cause impediment or interference with the use of the sidewalk; as required by § 174-2, the Town may trim said overhanging trees, bushes and other vegetation or may contract for said maintenance. The property owner shall be responsible for the Town's cost for each incident of vegetation maintenance, together with a ten-percent administrative fee to cover the Town's cost for arranging, administering, billing, and collecting for the vegetation maintenance. The property owner will receive a Town of Poughkeepsie, NY bill for said costs, and if payment has not been received within 30 days of the receipt of the bill, an additional ten-percent charge may be assessed against the unpaid balance. The cost thereof shall be reported to the Town Board, which may levy the cost against the property affected, and the sum of said levy shall remain as a lien against the property until paid and may be added to the owner's tax bill. § 174-4. Nonliability of Town. Nothing in this article shall require the Town to remove snow from the sidewalks of property not owned by the Town, and any such act as provided for in § 174-3 shall be entirely according to the Town's judgment, which shall be final. The removal of snow by the Town or a Town-approved contractor or its failure to do so shall not impose any liability upon the Town. § 174-5. Penalties for offenses. A. In addition to the liability for the cost of removal of the snow from sidewalks as provided in § 174-3, the violation of this section shall be punishable by a fine of not more than $1,000 or imprisonment for not more than 15 days, or both. B. The provisions of this article shall be enforceable by the Zoning Administrator of the Town of Poughkeepsie who shall have the authority to write appearance tickets for violations. Each day of continued violation shall constitute a separate offense. § 174-6. Liability of owners. A property owner who fails to comply with the provisions of this article of law and its sections, may in addition to the penalties herein set forth be liable to those individuals who are injured by the property owner's failure to comply with the terms and conditions of this section if said failure to adhere to this section is the proximate cause of any damages or injuries sustained, and said property owner shall indemnify the Town of Poughkeepsie from any claims generated by the property owner's failure to fulfill the provisions of this chapter. #9 DOCS TO FOLLOW RESOLUTION 10:7 - # 10 OF 2026 RESOLUTION AWARDING THE BID FOR THE NORTH GRAND SANITARY SEWER PUMP STATION REPLACEMENT WHEREAS, the Town of Poughkeepsie solicited competitive bids for the North Grand Sanitary Sewer Pump Station Replacement project (the "Project"); and WHEREAS, Corewood Ventures, Inc. submitted the lowest bid for the Project in the amount of Three Hundred Forty-Eight Thousand Seven Hundred Eighty-Nine Dollars ($348,789.00); and WHEREAS, the Project will be funded in part with Community Development Block Grant funds in the amount of One Hundred Ninety-Nine Thousand Dollars ($199,000.00); and WHEREAS, pursuant to a Developer's Agreement with Manor Hill Mobile Home Park, LLC, Manor Hill Mobile Home Park, LLC will fund the remaining cost of design and construction; and WHEREAS, the Town Board finds that awarding the contract to Corewood Ventures, Inc. is in the best interests of the Town of Poughkeepsie; now therefore BEIT RESOLVED, that the Town Board of the Town of Poughkeepsie hereby awards the contract for the North Grand Sanitary Sewer Pump Station Replacement to Corewood Ventures, Inc., as the lowest responsible bidder, in the total amount of Three Hundred Forty- Eight Thousand Seven Hundred Eighty-Nine Dollars ($348,789.00), subject to satisfaction of all applicable bidding requirements and submission of all required contract documents, insurance certificates, and bonds; and BE IT FURTHER RESOLVED, that the Project shall be paid from Community Development Block Grant fundsand funds from Manor Hill Mobile Home Park, LLC pursuant to the Developer's Agreement; and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute the contract and any related documents necessary to carry out the intent of this Resolution, in a form acceptable to the Town Attorney. Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays ES/mem t-9/29/2026 m- 10/7/2026 G: Imllegal\r|202610ct\Oct 7/NorthGrandAward.doex AYE NAY ABSTAIN PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilman Thangiah PRESENT/ABSENT Councilwoman Watson PRESENT/ABSENT Councilman Sharpe PRESENT/ABSENT Councilwoman Shershin PRESENT/ABSENT Supervisor Edwards G:Imllegallr/202610ctOct 7/NorthGrandA ward.doex September 29, 2026 Rebecca Edwards Town Supervisor Town of Poughkeepsie 1 Overocker Road Poughkeepsie, NY 12603 Re: North Grand Sanitary Sewer Pump Station Replacement Recommendation for Bid Award Dear Ms. Edwards, On September 15, 2026, bids were opened for this advertisement. There were a total of seven (7) bidders. This bid is for replacement of the existing North Grand Sanitary Sewer Pump Station along North Grand Avenue. The existing pump station is outdated and was originally put into service in 1975, more than 50 years ago. Manor Hill Mobile Home Park has received conditional approval from the Planning Board to construct new homes on their site nearby. Manor Hill contributes the majority of sanitary sewer flow to the existing pump station and the addition of new homes has triggered the need for the existing pump station to be replaced. This project will be receiving partial funding through the Community Development Block Grant (CDBG) program in the sum of $199,000.00. Additionally, Manor Hill has entered into a Developer's Agreement with the Town and has agreed to pay the remainder of the construction costs as the majority user of the pump station. Corewood Ventures, Inc. was the lowest responsive and responsible bidder. We have confirmed that they are confident they can complete the work for the lump sum base bid price of $348,789.00. We do want to point out that they provided all required documents filled out correctly (signed and notarized where required). It is our recommendation that you award the contract to Corewood Ventures, Inc. The other bidders were as follows: Trinity Construction Legacy Supply LLC $399,963.00 $427,075.00 CPL Architecture | Engineering | Planning 26 IBM Road, Poughkeepsie, NY 12601 800.274.9000 CPLteam.com TAM Enterprises Inc. J Squared CFI Contracting Inc. Eventus Construction Co Inc. Very truly yours, Robert Bozek, Engineering Project Manager $444,000.00 $473,300.00 $473,300.00 $570,000.00 Ms. Rebecca Edwards Town of Poughkeepsie September 29, 2026 Page 2 of 2 RESOLUTION 10:7 - #LL OF 2026 RESOLUTION AWARDING THE TOWN-WIDE COMMERCIAL REASSESSMENT PROJECT RFP BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby award the contract for the Town-Wide Commercial Reassessment Project RFP to the sole proposer, GAR Associates, at the not to exceed price of $130,000 with optional 3 and 4 year cyclical maintenance years at the not to exceed cost of $35,000 per year with possible additional costs when relating to small claims/Article 7 consulting and appraiser/expert services, pursuant to the recommendation of the Assessor, and BE IT FURTHER RESOLVED, that the Supervisor or her designee is authorized to execute a contract with GAR Associates, on receipt of all required documentation. Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays ES/mem t-10/1/2026 m-10/7/2026 AYE NAY ABSTAIN PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilman Thangiah PRESENT/ABSENT Councilwoman Watson PRESENT/ABSENT Councilman Sharpe PRESENT/ABSENT Councilwoman Shershin PRESENT/ABSENT Supervisor Edwards G:Imllegal\r\2026\OctlOct 7\Reassessment-award.docx RESOLUTION 10:7 - # /2 OF 2026 RESOLUTION OF THE TOWN BOARD OF THE TOWN OF POUGHKEEPSIE COMMITTING ADDITIONAL FUNDING IF NEEDED FOR THE TRAFFIC SAFETY EQUIPMENT PROJECT WHEREAS, the Dormitory Authority of the State of New York ("DASNY") has awarded the Town of Poughkeepsie grant funding in the amount of $119,000 for the purchase and/or installation of traffic safety equipment for the Police Department; and WHEREAS, although the Town anticipates that the equipment cost will be covered by the grant, DASNY requires the Town to formally commit to providing any eddie a amdunt necess grato avard, no the profed in full should the total project cost BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie hereby commits to provide additional funds if necessary, above the $119,000 DASNY grant award, to ensure that the traffic safety equipment project is completed in full; and BE IT FURTHER RESOLVED, that the Town Supervisor and/or other appropriate Town officials are hereby authorized to execute and submit any commitment letter, certification, or other documentation required by DASNY in connection with the grant and this funding commitment. Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays ES/mem t-9/25/2026 m-10/7/2026 PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilman Thangiah PRESENT/ABSENT PRESENT/ABSENT Councilman Sharpe PRESENT/ABSENT Councilwoman Shershin Supervisor Edwards — PRESENT/ABSENT AYE NAY ABSTAIN G:lmllegal\r\20261OctlOct 7\TrafficSafetyEquipmentReso.docx RESOLUTION 10:7-#_13_ OF 2026 A RESOLUTION AUTHORIZING A REQUEST FOR FUNDING FOR WALKABILITY AND PEDESTRIAN SAFETY IMPROVEMENTS WHEREAS, the Town of Poughkeepsie has an opportunity to request funds through Assemblymember Didi Barrett for pedestrian safety improvements at several key locations in the Town of Poughkeepsie (including the portion of the Village of Wappingers Falls within the Town) with a focus on school crossings, bus stops, and other areas with significant pedestrian activity; and WHEREAS, Proposed improvements include: • Convent Street, Village of Wappingers Falls - Installation of enhanced crosswalk warning signage. • Convent Street/Route 9D, Village of Wappingers Falls - Installation of Rectangular Rapid-Flashing Beacons (RRFBs), school-crossing signage for a Universal Pre-K site, refreshed crosswalk pavement markings, and associated yellow and white roadway markings. • West Street/Route 9D, Village of Wappingers Falls - Installation of RRFBs at the crossing near the existing school bus stop. • Lakeview Avenue/Fulton Street, Town of Poughkeepsie - Pedestrian crossing improvements near Violet Avenue School. • Innis Avenue, Town of Poughkeepsie - Installation of RRFBs at the existing crosswalk near the bus stop at the north end of Innis Avenue. NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor or her designee is authorized to submit a request to Assemblymember Barrett's office and the Dormitory Authority of the State of New York for $125,000 for the improvements listed above, with no matching funds required; and BE IT FURTHER RESOLVED, that if funding is awarded, the Supervisor is authorized to accept the funding, execute all documents necessary, and implement the project; and BE IT FURTHER RESOLVED, that before any equipment is installed within the Village of Wappingers Falls, the Supervisor shall execute an agreement acceptable to the Attorney to the Town through which the Village assumes maintenance responsibility for the equipment; and BEIT FURTHER RESOLVED, that this project is a SEQRA Type Il action requiring no environmental review. Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays G:Imllegallr\20261OctOct7/walkability grant.docx ES/mem t-9/30/2026 m- 10/7/2026 AYE NAY ABSTAIN PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilman Thangiah PRESENT/ABSENT Councilwoman Watson PRESENT/ABSENT Councilman Sharpe PRESENT/ABSENT Councilwoman Shershin PRESENT/ABSENT Supervisor Edwards G:Imllegal\r12026\OctlOct 7lwalkability grant.docx + 14 DOCS TO FOLLOW RESOLUTION 10:7 -# J5 oF 2026 RESOLUTION AUTHORIZNG THE RETURN OF ESCROW AND REMEDIATION DEPOSIT REGARDING A LAND CONTOUR PERMIT FOR THE PROPERTY KNOWN AS 1984 SOUTH ROAD WHEREAS, Stan Scheinberg, LLC (the "LLC" or the "Owner") was and is the Owner of real property located at 1984 South Road, Poughkeepsie, New York (the "Property"), for which Property the Owner/LLC received a Conditional Major Land Contour Change Permit (the "Permit") from the Town on November 17, 2022, and WHEREAS, to assure the performance of the conditions of the Permit, the Owner/LLC executed an Undertaking Secured By Cash Deposit For Restoration (the "Undertaking") to the Town on January 25, 2023, which Undertaking was secured by $52,700 (the "Security"), which monies were wire transferred to the Town on January 26, 2023 by the Estate of Mel Atlas, Jeff Bogursky, Personal Representative, and WHEREAS, the conditions of the Undertaking have been met, and by its terms the Owner/LL'C is entitled to the return of the $52,700 Security, and WHEREAS, Michael A. Fischler, Esq. of Fischler, Friedman and Bennett, P.A., 1000 South Andrews Avenue, Fort Lauderdale Florida 33316, counsel for the Estate of Stanley Scheinberg, has provided to the Town a copy of a February 22, 2021 Order of the Circuit Court of the 17'h Judicial District, Broward County, Florida in the Estate of Stanley Scheinberg signed by the Judge Mily R. Powell. ("Probate Court"), designating his law firm, Fischler & Friedman, P.A.'s Trust Account, d/b/a Fischler, Friedman & Bennett, P.A., as the Depository Account for the Estate of Stanley Scheinberg, and WHEREAS, Attorney Fischler has represented to the Town that Owner/LLC is an asset of the Estate of Stanley Scheinberg,, that the Estate of Stanley Scheinberg has full ownership of the Owner/LLC, that the Owner/LL no longer maintains a bank account, and requests that the refund of the $52,700 be made payable to the Estate of Stanley G: Imllegal\r|2026\Oct\Oct 711984SouthRoadFinal.docx Scheinberg and transmitted to Attorney Fischler for depositing into his firm's Trust account after which the Security funds of $52,700 will be paid to the Estate of Mel Atlas pursuant to the Probate Court Order dated August 21, 2024. Now therefore: BE IT RESOLVED, that the Attorney for the Town is authorized to receive from the Town Comptroller a check in the amount of $52,700 representing the Security for the Undertaking, payable to the Estate of Stanley Scheinberg which is to be forwarded to Attorney Fischler for deposit and disbursement as Depository in accordance with the Court's Order, and BE IT FURTHER RESOLVED, that the Town reserves all of its rights under the Undertaking, including those for defense and indemnification. Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays JEN/mem t-10/1/2026 m-10/7/2026 PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilman Thangiah PRESENT/ABSENT Councilwoman Watson PRESENT/ABSENT PRESENT/ABSENT Councilwoman Shershin PRESENT/ABSENT Supervisor Edwards AYE NAY ABSTAIN G:imllegal\r|202610ctlOct 711984SouthRoadFinal.docx RESOLUTION 10:7 - # /0 OF 2026 RESOLUTION AUTHORIZING EXECUTION OF LEGAL AGREEMENTS RELATING TO THE MANOR HILL COMMUNITY PROJECT BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby authorize the Supervisor to sign/accept the following documents relating to the site plan entitled "Manor Hill Community Project" for a proposed manufactured home community comprised of 14 lease lots and related site improvements located at 246 North Grand Avenue, in substantially the form annexed: 1. Stormwater Management Facility Inspection and Maintenance Easement and Agreement; Residential Setback Area Inspection easement and Agreement; Conservation Easement and Agreement; 4. Drainage Easement and Agreement; and Any supporting recording documents. and, BE IT FURTHER RESOLVED, that such authorization by the Town Board of the Town of Poughkeepsie is subject to the approval of all final documents by the Town Attorney, Planning Board Attorney, Town Engineer and the Director of Municipal Development for the Town of Poughkeepsie. Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays ES/mem t-9/23/2026 m-10/7/2026 PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilman Thangiah PRESENT/ABSENT Councilwoman Watson PRESENT/ABSENT Councilman Sharpe PRESENT/ABSENT Councilwoman Shershin PRESENT/ABSENT Supervisor Edwards G:Imllegal\r\2026\Oct|Oct 7\ManorHill.docx AYE NAY ABSTAIN STORMWATER MANAGEMENT FACILITY INSPECTION AND MAINTENANCE EASEMENT AND AGREEMENT THIS EASEMENT and AGREEMENT is made this _ day of y and between Manor Hill Mobile Home Park, LLC, a New York limited liability company laving an office at 18 Clinton Street, Wappingers Falls, New York 12603 ("Owner"), and the Town of Poughkeepsie, a municipal corporation having an office at Town Hall, One Overocker Road, Poughkeepsie, New York 12603 ("Town"). WITNESSETH: described in Schedule A, attached hereto and made a part hereof (the "Premises"); and WHEREAS, conditional final site plan and special use permit approval have been granted by the Town of Poughkeepsie Planning Board, by resolution dated February 19, 2026, for the site plan entitled "Manor Hill Community Project," prepared by Lawrence J. Paggi, PE, PC, dated July 21, 2021, and last revised on January 23, 2026, consisting of 12 sheets, which sheets are listed in Schedule B hereto, as the same may hereafter be amended with Town approval (hereinafter the "Site Plan"), that would allow for the development of a proposed manufactured home community comprised of 14 lease lots, and related site improvements including a new access road from North Grand Avenue into the existing Manor Hill Mobile Home Park, and water and sewer services via connection to the existing Town facilities (the construction of which in accordance with the aforementioned plans shall hereinafter be referred to as the "Project"); and WHEREAS, as a condition of site plan approval, a stormwater management facility (the "Facility") is required in accordance with the Town's Code in effect as of the date of this Agreement (the "Code"); and WHEREAS, also as a condition of such approval, the Town, through its Planning Board, and the Code further require Owner to grant this Easement and execute this Agreement, and to record the same in the Office of the Dutchess County Clerk, NOW THEREFORE, for valuable consideration received, including the granting of the approval referenced above, Owner and the Town hereby agree as follows: The introductory "Whereas" paragraphs of this Agreement shall be deemed incorporated as if set forth herein. As used throughout this document, "Owner" shall refer to the current owner, and its successors and assigns. 3. Owner does hereby grant and release unto the Town, its successors and assigns, an easement and right of way over, across and through the Premises for the purposes set forth herein. 1 4928-6013-3841.v1 4. Owner does hereby grant unto the Town, its successors and assigns forever (but the Town shall have no obligation), the right to enter upon the Premises in order to access the Facility amended hereafter and all applicable New York State Department of Environmental Conservation ("NYSDEC") regulations, standards and guidelines. 5. Owner shall be bound to the construction and maintenance provisions contained in the approved Stormwater Pollution Prevention Plan ("SWPPP") for the Project, prepared by Lawrence J. Paggi, PE, PC, dated May 2020, and last revised on August 14, 2025, as may be further amended, and as depicted in the approved Site Plan for the Facility as listed in Schedule B and as more specifically shown on Sheets 3, 4, and 5 and of the Site Plan, which Sheets are annexed to this Agreement as Schedule C, and any subsequent plans as may be hereinafter approved or required by the Town of Poughkeepsie Planning Board, and by all applicable NYSEC and Empire State Chapter of the Soil and Water Conservation Society regulations, standards and guidelines. 6. Owner shall construct, maintain, clean, repair, replace and continue the stormwater control measures for the Facility as contained in the SWPPP and depicted on the Site Plan as necessary to ensure performance of the measures to design specifications, in accordance with all applicable NYSDEC and Empire State Chapter of the Soil and Water Conservation Society regulations, standards and guidelines. 7. Owner shall be responsible for all expenses related to the installation and maintenance of the stormwater control measures for the Facility. 8. Owner shall provide for the periodic inspection of the stormwater control measures for the Facility, as follows: Level 1 inspections shall be performed annually in accordance with the NYSDEC Maintenance Guidance for Stormwater Management Practices dated March 31, 2017, or dated as such Guidance may be amended thereafter. Level 1 inspection reports should be submitted to the Town by May 1st of each year. Level 2 inspections shall be conducted at least once every 5 years, or more frequently as may be required based upon the results of the Level 1 inspections, and shall be performed by a professional engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the Town Engineer, within 30 days of the inspection, but no later than May Ist of the year in which it is conducted, a written report of the findings, including recommendations for those actions necessary for the continuation of the stormwater control measures for the Facility. 9. The Town is authorized to undertake such steps as are reasonably necessary for the preservation, continuation or maintenance of the Facility in the event that Owner, or the current owner, has failed to construct or maintain the stormwater control measures in accordance with the project plan for the Facility or applicable regulations, standards and guidelines, or has failed to undertake corrective action specified by the Town's engineer, and/or his or her duly authorized deputy, agent or representative after thirty (30) days' written notice and opportunity to cure. 2 4928-6013-3841.v1 10. This Easement and Agreement shall not confer upon the Town any duty or obligation to fix or maintain the Facility. Further, the Town's acceptance of any rights pursuant to this Easement and Agreement shall not be deemed as the acceptance of any duty or obligation to fix or maintain the Facility. 11. Owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of any of the Facility's stormwater control measures except in accordance with prior written approval of the Town, such approval not to be unreasonably withheld, conditioned or delayed. 12. Owner shall promptly undertake necessary maintenance, repairs and replacement of the Facility's stormwater control measures at the direction of the Town Engineer or in accordance with the recommendations of the inspecting engineer. 13. If ever the Town Engineer determines that the Facility owner has failed to construct or maintain the Facility's stormwater control measures in accordance with the project plan or has failed to undertake corrective action specified by the Town Engineer or by the inspecting engineer, the Town, after thirty (30) days' written notice and opportunity to cure, is authorized to undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the Facility's stormwater control measures and to have the Town Comptroller atlix the expenses thereof as a lien against the Premises by recordation of a written instrument setting forth the amount of the lien. 14. Owner hereby covenants that it is seized of the Premises in fee simple and has good right to convey this Easement and enter into this Agreement; that the signatory below has the authority to bind Owner and by signing intends to do so; that it shall do nothing in or on the Premises which would prevent, impede or disturb the full use and intended purpose of this Easement by the Town, and that it shall execute and deliver any further documents reasonably necessary to assure the Easement and rights granted herein to the Town. 15. This Agreement may not be amended or modified except by a written instrument signed by all of the parties hereto, or their successors 16. This Easement and Agreement shall be deemed a covenant running with the lands affected hereby, shall inure to the benefit of the Town, its successors and assigns, and shall be binding upon Owner, all subsequent owners, and their successors and assigns. 17. This Agreement shall be recorded in the office of the County Clerk, County of Dutchess and indexed against the Premises. 18. The Town hereby agrees to indemnify the Owner against any and all loss incurred by Owner to the extent arising from the Town's negligence or willful misconduct in exercising any of the Town's rights while on the Premises or Princeton Drive in accordance with the terms of this Agreement, as limited by the available coverage under the Town's general liability insurance policy. 3 4928-6013-3841.v1 IN WITNESS WHEREOF, the Owner and the Town have executed this Agreement as of the date first herein above set forth. TOWN OF POUGHKEEPSIE MANOR HILL MOBILE HOME PARK, LLC By: Rebecca Edwards, Supervisor By: Mark Bottini, Managing Member ACKNOWLEDGMENTS STATE OF NEW YORK ) ) SS.: COUNTY OF DUTCHESS ) On this day of 2026, before me personally came Rebecca Edwards, known to me or proved on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual(s), person(s) or corporation or entity on whose behalf the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) SS.: COUNTY OF DUTCHESS) , 2026, before me personally came Mark Bottini, known to me or proved 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(s), person(s) or corporation or entity on whose behalf the individual acted, executed the instrument. Notary Public RECORD AND RETURN TO: Emily Svenson, Esq. Attorney for the Town of Poughkeepsie Town of Poughkeepsie Legal Department Town Hall 1 Overocker Road Poughkeepsie, New York 12603 4 4928-6013-3841.v1 SCHEDULE "A"- DESCRIPTION Title No. QC 4412.1 ALL that certain plot, piece or parcel of land lying and being in the Town of Poughkeepsie, County of V Dutchess and State of New York, known and designated as Lot No. 1 on a certain map entitled "Subdivision Plat prepared for the Estate of John & Mary Morrill and filed at the Dutchess County Clerk's Office on January 24, 1996, as filed map No. 10187 bounded and described as follows: BEGINNING at a iron rod found along the southerly line of North Grand Avenue with northeasterly corner of Lot No. 2 as shown on a certain map entitled Estate of John & Mary Morrill and filed in the Dutchess County Clerk's Office as filed map no. 10187, thence in a easterly direction along the southerly line of North Grand Avenue the following courses and distances; North 78° 50' 00° East 9.72 feet to a point, thence North 82° 02' 00" East 36.31 feet to the northeasterly corner of the herein described parcel with the westerly line of the lands of The County of Dutchess, New York Liber 1666 pg. 184, thence in a southerly direction along the westerly line of the County of Dutchess, New York, South 36° 51' 15* East 1047.86 feet to the southeasterly corner of the herein described parcel with the northeasterly corner of the Manor Hill Mobile Home Park, thence in a westerly direction along the northerly line of the Manor Hill Mobile Home Park and along a stonewall the following courses and distances, South 43° 40' 00" West 122.39 feet to a point, thence South 40° 38' 30" West 87,65 feet to a point, thence South 44° 56' 00° West 94.69 feet to a iron rod found in the stonewall at the southwesterly comer of the herein described parcel with the southeasterly corner of Lot No. 3 of the Being the same premises as described in Deed Liber 1978 pg. 1. ljpag Doc #: 0220153263 Printed Page 3 of 4 SCHEDULE B Conditional Final Site Plan Set Manor Hill Community Project; prepared by Lawrence J. Paggi, PE, PC Sheet 1 of 12 - T101 Cover Sheet Sheet 2 of 12 - S101 Existing Conditions Plan Sheet 3 of 12 - C101 Site Plan Sheet 4 of 12 - C201 Grading Plan Sheet 5 of 12 - C301 Utility Plan Sheet 6 of 12 - C401 Vehicular Circulation & Sight Distance Plan Sheet 7 of 12 - C501 Wetland Mitigation Plan Sheet 8 of 12 - C601 Erosion & Sediment Control Plan & Details Sheet 9 of 12 - C701 Construction Details Sheet 10 of 12 - C702 Construction Details Sheet 11 of 12 - C703 Construction Details Sheet 12 of 12 - GA Gross Area Graphic SCHEDULE C Grona Avenue 19102 11-1107 WETLAND MITIGATION LOLO MANOR HILL COMMUNITY PROJECT 179 WAH WAGNER ROAD & 216 NORTH GRAND AVENUE, TOWN OF POUGHKEEPSIE DUTCHESS COUNTY. NEW YORK SITE PLAN LAWRENCE). PAGCT, PE, PC CONSULTING ENGINEERING 43 BROAD STREET TELEPHONE: (845) 897-2375 ONG031 FOIV Pitier Avenue 12-2-540 j21.3 • ALL REMAINING SURFACE AREA IS MANOR HILL COMMUNITY PROJECT 179 VAN WAGNER ACAO 8265 NORTH GRAND AVENUE, TOWN OF FOUGHKEEPSE DUTCHESS COUNTY. NEW YORK GRADING PLAN LAWRENCE J. PAGGI, PF, PC CONSULTING ENGINEERING 13 BROAD STREET FISHKILL, NEW YORK 12524 RE TELEPHONE: (845) 897-2375 1000 5 BiCTIB, Grand Avenue BECL ANDERIY M/t Manoe Mol weGte Home PaX ULC nfi Con. ty ai Guiatoni Mo.F. Steilers - Quichess Rud Ties vite W tiote Vt riant, dn Covin ui a 556io sior 08895858 SLA- y: = " isor! Alaaf LAWRENCE). PAGGI, PE, PC CONSULTING ENGINEERING 43 BROAD STREET TELEPHONE: (845) 87-235 F 5 TELEPHONE: (845) 897-2375 MANOR HILL COMMUNITY PROJECT 179 VAN WAGNER ROAD & 246 NORTH GRAND AVENUE. TOMN OF POUGHKEEPSIE DUTCHESS COUNTY, NEW YORK UTILITY PLAN C301 RESIDENTIAL SETBACK AREA INSPECTION EASEMENT AND AGREEMENT This EASEMENT and AGREEMENT is made as of the → 2026, y Manor Hill Mobile Home Park, LLC, a New York limited liability company having an offic it 18 Clinton Street, Wappingers Falls, New York 12603 ("Owner") and the Town of Poughkeepsie, a municipal corporation having an office at Town Hall, One Overocker Road, Poughkeepsie, New York 12603 ("Town"). WITNESSETH: described in Schedule A, attached hereto and made a part hereof (the "Premises"); and WHEREAS, conditional final site plan and special use permit approval have been granted by the Town of Poughkeepsie Planning Board, by resolution dated February 19, 2026, for the site plan entitled "Manor Hill Community Project," prepared by Lawrence J. Paggi, PE, PC, dated July 21, 2021, and last revised on January 23, 2026, consisting of 12 sheets, which sheets are listed in Schedule B hereto, as the same may hereafter be amended with Town approval (hereinafter the "Site Plan"), that would allow for the development of a proposed manufactured home community comprised of 14 lease lots, and related site improvements including a new access road from North Grand Avenue into the existing Manor Hill Mobile Home Park, and water and sewer services via connection to the existing Town facilities (the construction of which in accordance with the aforementioned plans shall hereinafter be referred to as the "Project"); and WHEREAS, the Town Code provides, at Section 210-19.D(1) that: "Development of previously undeveloped property abutting property developed for residential use shall include a fifty-foot setback from the adjoining residential property. The setback shall be landscaped to a depth of not less than 25 feet in a location as approved by the Planning Board. The landscaping shall consist of a mixture of evergreen and deciduous plantings as approved by the Planning Board ap Thed bach a whal tormer, and lyich shad pry rice for loed infreeit of said restriction;" and WHEREAS, the Premises is subject to the requirements of Section 210-19.D(1), which are the subject of this Easement and Agreement; and WHEREAS, as a condition of site plan approval, the Town, through its Planning Board, has required Owner to grant this Easement and Agreement to comply with the requirements of the Town Code and the approval of the Project. NOW, THEREFORE, for good and valuable consideration, including the granting of the approval referenced above, and to comply with the requirements of the Town Code, Owner and the Town hereby agree as follows: 1 4933-5257-2369.v1 The introductory "Whereas" paragraphs of this Agreement shall be deemed incorporated as if set forth herein. its successors and assigns. As used throughout this document, "Owner" shall refer to the current owner, and Owner does hereby grant and release unto the Town, its successors and assigns, an easement and right of way over, across and through the Premises for the purposes set forth Definitions. 4.1 "Residential Setback Area" means that portion of the Site Plan identified as the "25' Screening Area" on Sheet C101 of the Site Plan, which Sheet is annexed hereto as Schedule C. 4.2 "Screening Trees" means all trees and associated plantings identified within the Residential Setback Area, together with any replacements required under this Easement and Agreement. 4.3 "Owner" shall include the present Owner and any future owner of the Premises or any portion of the Premises, and their heirs, successors, and assigns. 5. Installation; Compliance with Approved Plans. 5.1 Owner shall install, or shall cause to be installed, all Screening Trees within the Residential Setback Area, consistent with the Site Plan Set, or modified as necessary upon written authorization by the Town's Director of Municipal Development. 5.2 Initial installation shall be completed as soon as practicable and prior to the issuance of a certificate of occupancy for the Premises, unless otherwise authorized in writing by the Director of Municipal Development. Maintenance and Care. 6.1 Owner and all subsequent owners of any interest in the Premises shall, at their sole cost and expense, maintain and care for the Screening Trees in a healthy and neat condition consistent with good arboricultural practices. Maintenance shall include, without limitation, watering, mulching, fertilizing, pruning, staking, pest and disease management, and seasonal care as reasonably necessary to promote healthy growth and effective screening. 6.2 Mowing, trimming, and maintenance of understory and groundcover associated with the Screening Plan shall be performed as necessary to preserve the screening intent without impairing tree health. 7. Replacement: Survival Rate. 7.1 Any Screening Tree that dies, declines to a condition that materially impairs its screening function, is removed, or is damaged so as to jeopardize its survival shall be promptly replaced to the greatest extent practicable by the Owner of the Premises at that time, at the Owner's sole cost and expense. 7.2 Replacement trees shall be of the same species and caliper/size of the tree(s) to be eplaced, to the greatest extent practicable. If replacement of the same size and type is no practicable, replacement shall be with the closest size specimen to the tree(s) to be replacer available. 4933-5257-2369.v1 7.3 Replacement shall occur within 60 days of the later of (a) discovery by the Owner of a Screening Tree that requires replacement, or (b) written notice by the Building Department or Code Enforcement Officer of a Screening Tree that requires replacement. If replacement within such period is impracticable due to seasonal planting constraints, then replacement shall occur within 60 days of the beginning of the first planting season after such discovery or notice. 8. Town Access. The Town, by and through its authorized officers, employees, and agents, shall have the right, upon reasonable advance notice and at reasonable times, to enter upon exterior portions of the Premises for the limited purpose of inspection for compliance with this Agreement. 9. Enforcement: Remedies. 9.1 This Agreement may be enforced by the Town, its Building Department, Code Enforcement Officials and/or Zoning Administrator, or other authorized municipal officials, by any remedy available at law or in equity, including without limitation: (a) notices of violation; (b) orders to remedy; and (d) the commencement of civil actions or proceedings to compel compliance, to enjoin violations, or to recover costs of enforcement. 9.2 This Easement and Agreement shall not confer upon the Town any duty or obligation to maintain or replace the Screening Trees. Further, the Town's acceptance of any rights pursuant to this Easement and Agreement shall not be deemed as the acceptance of any duty or obligation to maintain or replace the Screening Trees. 9.3 If the Town elects to perform maintenance or replacement after written notice of default and failure to çure within 30 days (or such longer period as may be reasonably necessary to complete cure, provided cure is commenced within 30 days and diligently pursued), the Town may enter the Premises to perform such work and the reasonable and documented costs thereof shall be payable by the Owner within 30 days after demand; unpaid amounts may be collected as provided by applicable law, including as a municipal charge or lien upon the Premises to the extent permitted by law. Recording: Duration: Running with the Land; Binding Effect. This Agreement shall be recorded in the office of the County Clerk, County of Dutchess, and indexed against the Premises. The covenants, conditions, and restrictions set forth in this Agreement are and shall be deemed covenants running with the land, and shall burden the Premises and bind Owner all subsequent owners, and their successors and assigns. The obligations herein shall commence upon recording of this Agreement and shall continue in full force and effect for so long as the development approved under the Site Plan, or any successor plan exists on the Premises, unless earlier released or modified by a written instrument executed by the Owner and the Town and recorded in the Dutchess County Clerk's Office. 11. No Merger; Modification: Release. This Agreement is to be referenced in any conveyance deeds for the Premises; however, no merger of these covenants into any deed or other conveyance shall occur; these covenants shall survive and be independent of any conveyance instruments. This Agreement may be modified, amended, or partially released only by a written instrument executed by the record Owners) of the Premises and the Town by the Director of Municipal Development or the Chair of the Planning Board, following that Board's approval, if deemed required. Such modification shall be recorded in the Dutchess County Clerk's Office. 3 4933-5257-2369.v1 Nothing herein prevents the Town from approving modifications to this Agreement consistent with applicable procedures; any material change affecting the obligations herein shall be reflected in a recorded amendment. 12. Indemnity. 12.1 Owner shall indemnify and hold harmless the Town, its officers, employees, and agents from and against third-party claims arising out of the Owner's failure to maintain the Premises in accordance with this Easement and Agreement, except to the extent caused by the active negligence or willful misconduct of the Town. 12.2 The Town shall indemnify the Owner against any and all loss incurred by Owner to the extent arising from the Town's negligence or willful misconduct in exercising any of the Town's rights while on the Premises in accordance with the terms of this Agreement, as limited by the available coverage under the Town's general liability insurance policy. 13. Notices. 13.1 Any notice required or permitted under this Easement and Agreement shall be in writing and delivered by hand, certified mail (return receipt requested), or nationally recognized overnight courier to Owner at the address set forth above, or to such other address as Owner may designate by notice. 13.2 Upon the transfer of any portion of the Premises to a third party, Owner or the new owner shall provide the name and address of the new owner to the Town. The Town may use the official tax records of the Town Assessor's Office to determine any subsequent ownership of the Premises or any portion of the Premises, and notices delivered in accordance with this Agreement to the record owners) shall be deemed provided within the terms of this Agreement. 13.3 Notices shall be deemed given upon receipt or first refusal. 14. Severability; Interpretation. 14.1 If any provision of this Agreement is adjudged invalid or unenforceable, the remainder shall remain in full force and effect. 14.2 Headings are for convenience only and shall not affect interpretation. This Agreement shall be construed to effectuate its stated purpose. [SIGNATURE PAGE TO FOLLOW] 4 4933-5257-2369 vl IN WITNESS WHEREOF, the Owner and the Town have executed this Agreement as of the date first herein above set forth. TOWN OF POUGHKEEPSIE MANOR HILL MOBILE HOME PARK, LLC By: Rebecca Edwards, Supervisor By Mark Bottini, Managing Member ACKNOWLEDGMENTS STATE OF NEW YORK ) ) SS.: COUNTY OF DUTCHESS ) day of in the year 20_ before me the undersigned, personally appeared Rebecca Edwards, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF DUTCHESS ) sS.: ) _ in the year 20_, before me the undersigned, personally appeared Mark Bottini, personally known to me or proved to me on the basis of satisfactory evidence to b he individual whose name is subscribed to the within instrument and acknowledged to me that h executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public RECORD AND RETURN TO: Emily Svenson, Esq. Attorney for the Town of Poughkeepsie Town of Poughkeepsie Legal Department Town Hall 1 Overocker Road Poughkeepsie, New York 12603 5 4933-5257-2369.v1 SCHEDULE "A" - DESCRIPTION Title No. QC 4412.1 ALL that certain plot, piece or parcel of land lying and being in the Town of Poughkeepsie, County of V Dutchess and State of New York, known and designated as Lot No. 1 on a certain map entitled "Subdivision Plat prepared for the Estate of John & Mary Morrill" and filed at the Dutchess County Clerk's Office on January 24, 1996, as fited map No. 10187 bounded and described as follows: BEGINNING at a iron rod found along the southerly line of North Grand Avenue with northeasterly corner of Lot No. 2 as shown on a certain map entitled Estate of John & Mary Morrill and filed in the Dutchess County Clerk's Office as filed map no. 10187, thence in a easterly direction along the southerly line of North Grand Avenue the following courses and distances; North 78° 50' 00" East 9.72 feet to a point, thence North 82° 02' 00" East 36.31 feet to the northeasterly corner of the herein described parcel with the westerly line of the lands of The County of Dutchess, New York Liber 1666 pg. 184, thence in a southerly direction along the westerly line of the County of Dutchess, New York, South 36° 51' 15° East 1047.86 feet to the southeasterly corner of the herein described parcel with the northeasterly corner of the Manor Hill Mobile Home Park, thence in a westerly direction along the northerly line of the Manor Hill Mobile Home Park and along a stonewall the following courses and distances, South 43° 40' 00" West 122.39 feet to a point, thence South 40° 38' 30" West 87.65 feet to a point, thence South 44° 56' 00" West 94.69 feet to a iron rod found in the stonewall at the southwesterly corner of the herein described parcel with the southeasterly corner of Lot No. 3 of the aforesaid filed map, thence in a northerly direction along the easterly line of a lot No. 3, North 36° 51' Being the same premises as described in Deed Liber 1978 pg. 1. ljpag Doc #: 0220153263 Printed Page 3 of 4 SCHEDULE B Conditional Final Site Plan Set Manor Hill Community Project; prepared by Lawrence J. Paggi, PE, PC Sheet 1 of 12 - T101 Cover Sheet Sheet 2 of 12 - S101 Existing Conditions Plan Sheet 3 of 12 - C101 Site Plan Sheet 4 of 12 - C201 Grading Plan Sheet 5 of 12 - C301 Utility Plan Sheet 6 of 12 - C401 Vehicular Circulation & Sight Distance Plan Sheet 7 of 12 - C501 Wetland Mitigation Plan Sheet 8 of 12 - C601 Erosion & Sediment Control Plan & Details Sheet 9 of 12 - C701 Construction Details Sheet 10 of 12 - C702 Construction Details Sheet 11 of 12 - C703 Construction Details Sheet 12 of 12 - GA Gross Area Graphic SCHEDULE C Grand Avenue CE пАТЕ CAVE HATCH LEGEND •WETLAND DISTURBANCE WETLAND MITIGATION LOPEN SPACE 9,214 SF 9,328 SF 25,454 SF !!'! SUBACL ARCEERIY M/T Wasce Har Wocke Hame Port ULC 102-15-9833 • 5.533+ Acres LAWRENCE J. PAGGI, PE, PC CONSULTING ENGINEERING 43 BROAD STREET FISHKILL, NEW YORK 12524 Su Relt TELEPHONE: (845) 897-2375 SED MWET TENSE" fini cris em MANOR HILL COMMUNITY PROJECT 179 VAN WAGNER ROAD & 245 NORTH GRAND AVENUE. TOWN OF POUGHKEEPSIE DUTCHESS COUNTY, NEW YORK i6-Joi"? C101 CONSERVATION EASEMENT AND AGREEMENT This CONSERVATION EASEMENT AND AGREEMENT is made and entered into 2026, by and between Manor Hill Mobile Home Park, LL.C, a New York limited liability company having an office at 18 Clinton Street, Wappingers Falls, New York 12603 ("Owner" or "Grantor") and the Town of Poughkeepsie, a municipal corporation having an office at Town Hall, One Overocker Road, Poughkeepsie, New York 12603 (the "Town" or "Grantee"). WITNESSETH: WHEREAS, Grantor is the current fee owner of a certain parcel of real property located in the Town of Poughkeepsie, County of Dutchess and State of New York, having an address of 246 North Grand Avenue and bearing tax grid number 6126-16-970397, as more particularly legally described in Schedule A, attached hereto and made a part hereof (the "Premises"); and WHEREAS, conditional final site plan and special use permit approval have been granted by the Town of Poughkeepsie Planning Board, by resolution dated February 19, 2026, for the site plan entitled "Manor Hill Community Project," prepared by Lawrence J. Paggi, PE, PC, dated July 21, 2021, and last revised on January 23, 2026, consisting of 12 sheets, which sheets are listed in Schedule B hereto, as the same may hereafter be amended with Town approval (hereinafter the "Site Plan"), that would allow for the development of a proposed manufactured home community comprised of 14 lease lots, and related site improvements including a new access road from North Grand Avenue into the existing Manor Hill Mobile Home Park, and water and sewer services via connection to the existing Town facilities (the construction of which in accordance with the aforementioned plans shall hereinafter be referred to as the "Project"); and WHEREAS, Article 14 of the New York State Constitution states that "the policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" and WHEREAS, by the enactment of Article 49 of the New York State Environmental Conservation Law, the State of New York has recognized the importance of private efforts to preserve land in a natural, scenic, and open condition and provides for the limitation and restriction of development, management, and use of such real property by conservation easement; and WHEREAS, the Town Code requires, at Section 210-83.B(6), that: "A minimum of 10% of the total park area shall be set aside and used for open space or recreational area for the park. Such land shall be suitable for such use and shall be maintained by the owner of the park in a neat and usable condition for the residents of the mobile home park;" and WHEREAS, the approved Site Plan for the Project includes areas identified as open space, wetland, and wetland mitigation areas; and 1 4908-0875-5152.v1 WHEREAS, as a condition of site plan approval, the Town, through its Planning Board, las required Owner to grant this Easement and execute this Agreement to effectuate the Towi -ode open space and residential setback area requirements and prevent future development of the proposed open space, and to protect the wetlands and wetland mitigation areas within the Project; and WHEREAS, title to the open space, wetlands, wetland mitigation areas, and residential setback areas will remain with Grantor, its successors and assigns, while the Town shall have the right to enforce the covenants and restrictions set forth herein. NOW THEREFORE, for good and valuable consideration, including the granting of the Town approval of the Project, and pursuant to Article 49, Title 3 of the New York State Environmental Conservation Law and Section 210-83.B(6) of the Town Code, Grantor hereby declares that the Premises shall be held, transferred, sold, conveyed, leased, occupied, and used subject to the tollowing covenants, conditions, and restrictions, which shall run with the land and bind the Premises and all present and future owners thereof, and shall inure to the benefit of the Town and to the benefit of neighboring Premises owners as set forth herein. 1. The introductory "Whereas" paragraphs of this Agreement shall be deemed incorporated as if set forth herein. 2. As used throughout this document, "Owner" shall refer to the current owner, and its successors and assigns. Grant of Easement. Grantor grants to Grantee a perpetual conservation easement (the "Conservation Easement") over those portions of the Premises identified as "Open Space" and "Wetland Mitigation" (collectively, the "Conservation Areas") on Sheet C101 of the Site Plan, which sheet is attached hereto as Schedule C. This Conservation Easement shall be superior to all monetary liens, mortgages and other encumbrances. Purpose. The purpose of this Conservation Easement is to conserve and protect in perpetuity the open space character, natural habitats, and scenic and aesthetic character of the Premises, while providing for its compatible use. 5. Restrictions Applicable to the Conservation Areas. The following restrictions shall apply to the Conservation Areas: a. The land within the Open Space area shall remain in its natural state. b. No clearing, grading, filling, blasting, dredging, or other alteration of landforms is permitted within the Conservation Areas, except as may be provided for in the Site c. No removal or destruction of native trees or vegetation is permitted, except: (i) as allowed pursuant to the Wetland Mitigation Area - Planting Plan on Sheet C501 of the Site Plan, which sheet is attached hereto as Schedule D; and (ii) for the removal of dead or diseased trees. d. No planting of invasive or non-native species in, or adjacent to the Conservation Areas is permitted, except: (i) as allowed pursuant to the Wetland Mitigation Area 2 4908-0875-5152.vl - Planting Plan on Sheet C501 of the Site Plan, attached hereto as Schedule D; and (ii) as otherwise allowed for maintenance, restoration, or habitat management consistent with the purpose of this Conservation Agreement and approved in advance by Grantee. e. No permanent structures or other improvements such as parking areas are permitted within the Conservation Areas. f. No alteration, diversion, or impoundment of natural watercourses, wetlands, ponds, or groundwater is permitted, and no placement of materials into wetlands or water bodies is allowed, except as may be provided for in the Site Plan, and for minimal impacts necessary for conservation management or restoration as approved in writing by Grantee and in compliance with applicable permits and requirements. g. No dumping, storage, or disposal of refuse, debris, vehicles, equipment, soil, fill, or hazardous substances is permitted. h. No use of motorized vehicles is permitted within the Conservation Areas. 6 Reserved Rights of Grantor. With respect to the Premises, Grantor reserves for itself and its successors and assigns, and all others who claim under it, all rights with respect to the Premises, including, without limitation, the right of exclusive use, possession, and enjoyment of the Premises, and the right to sell, transfer, lease, mortgage or otherwise encumber the Premises, as owner, subject to the restrictions and covenants set forth in this Conservation Easement. Grantee Rights - Entry for Monitoring. Grantee, and its agents and contractors, shall have the right to enter the Premises upon reasonable prior notice to Grantor, at reasonable times and in a reasonable manner, for the purpose of monitoring compliance, inspecting conditions, and enforcing this Easement and Agreement. No right of general public access is created by this provision. 8. Management and Maintenance. Grantor may conduct routine maintenance and land stewardship, including invasive species control, habitat restoration, native plantings, erosion control, trail or path maintenance for management access (not public recreational use), and hazard tree removal, all consistent with the purpose of this Easement. Activities with potential material impacts, as determined by Grantee, shall be undertaken pursuant to a written management plan approved by Grantee. 9. No Grant of Public Use. Nothing herein shall be construed as a grant to the general public of any right to enter upon or otherwise use any part of the Premises. Enforcement. Grantee may enforce this Conservation Easement at law or in equity pursuant to ECL Article 49, Title 3, or as otherwise permitted, against any or all owners of the Premises or any part thereof. If there is a violation or threatened violation of this Conservation Easement, Grantee shall notify Grantor. At Grantee's discretion, Grantee may require Grantor to identify and notify any third party causing or threatening a violation of this Conservation Easement, if such third party can be identified. Upon notification of a violation or threatened violation, Grantor shall act to promptly cure the violation by: (i) ceasing the activity; (ii) stabilizing and restoring the Premises to the condition before the violation; or (iii) taking such other action, 3 4908-0875-5152.v1 including but not limited to action against an identified third party violator; or in the case of a threatened violation, (iv) refraining from the activity that would cause the violation. In addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any breach, default or violations which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the Conservation Areas or otherwise to further the purposes of this Easement), Grantee shall have the right, at Grantee's election: a. to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction; b. to enter upon the Premises and exercise reasonable efforts to terminate or cure such breach, default or violation and/or cause the restoration of that portion of the Premises affected by such breach, default or violation to the condition that existed prior thereto; or c. to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default, or violation of any term, condition, covenant or obligations under the Easement. If a court of competent jurisdiction determines that a violation has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other reasonable expenses incurred by Grantee in connection with any proceedings under this Section. Either party may exhaust such appeal procedures as are available to it. 11. Rights-of-Way and Encumbrances. Grantor shall not grant new easements, rights- of-way, licenses, or other encumbrances affecting the Premises that are inconsistent with this Easement, without Grantee's prior written approval. 12. Limits of Grantor Liability. Any other provision of this Conservation Easement to the contrary notwithstanding, Grantor shall have no liability of any kind to Grantee for any damage or change to the Premises or any portion thereof caused by any tenants of the Premises, or such tenants' agents, guests, invitees, licensees, or contractors, or any other actions or events beyond Grantor's control. Required Notifications. Grantor agrees to give Grantee advance written notice before exercising any reserved right, the exercise of which may have an adverse impact on the conservation interests of this Conservation Easement. Grantor further agrees to notify Grantee of 4 4908-0875-5152.v1 any conveyance, long term lease or transfer of the Premises, such notice to be given in writing at least twenty (20) days in advance of such conveyance, long term lease or transfer. 14. Amendment. Variance, and Waiver. This Conservation Easement may be amended upon the written consent of Grantee and Grantor. Any such amendment, variance or waiver shall be consistent with the basic purposes of Article 49, title 3 of the Environmental Conservation Law. Any such amendment, variance or waiver that does not comply with Article 49, title 3 shall be void and of no force or effect. Perpetual Duration and No Merger. Except as expressly otherwise provided herein, this Conservation Easement shall be of perpetual duration, and no merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant or assignment of an interest or estate in the Premises, or any portion thereof, to Grantee, it being the express intent of the parties that this Conservation Easement not be extinguished by, or merged into, any other interest or estate in the Premises now or hereafter held by Grantee. 16. Evidence of Encumbrance by Conservation Easement. Any subsequent conveyance, including, without limitation, any transfer, lease or mortgage of the Premises, shall be subject to this Conservation Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows; This [conveyance, lease, mortgage, easement, etc.] is subject to a Conservation Easement which runs with the land and which was granted to the Town of Poughkeepsie by instrument dated _ 2026, and recorded in the office of the Clerk of Dutchess County at Liber. of Deeds at Page _ The failure to include such language in any deed or instrument shall not affect the validity or applicability of this Conservation Easement to such property which shall continue to run with the 17. Recording. This Agreement shall be recorded in the office of the County Clerk, County of Dutchess, and indexed against the Premises. Notices. Any notice required or desired to be given under this Conservation Easement shall be in writing and shall be deemed given when received or three days after mailing by certified or registered mail, return receipt requested, postage prepaid, properly addressed as follows: (i) if to Grantee, at address set forth above; (ii) if to Grantor, at the address set forth above; 5 4908-0875-5152.v1 (Il) if to any subsequent owner, at the address of the Premises. Any party can change the address to which notices are to be sent to such party by duly giving notice pursuant to this paragraph. judgemen, ore, sai, tei of any poviet any the procrain Basement by cond remain in force and effect. Further Acts. Each Party shall perform any further acts and execute and deliver any documents, including amendments to this Conservation Easement, which may be reasonably necessary to carry out the provisions of this Conservation Easement or which are necessary to qualify this instrument as a conservation easement under Article 49, Title 3 of the Environmental Conservation Law. 21. Binding Effect. The provisions of this Conservation Easement shall run with the Premises in perpetuity and shall bind and be enforceable against Grantor and all future owners and any party entitled to possession or use of the Premises or any portion thereof while such party is the owner or entitled to possession or use thereof. As used in this Conservation Easement, the terms "owner or grantor" include the owner of any beneficial equity interest in the Premises or any portion thereof; the term "Grantor" includes the original Grantor and its successors and assigns, all future owners of all or any portion of the Premises, and any party entitled to possession or use thereof; and the term "Grantee" includes the original Grantee and its successors and assigns. Liability. Grantee has no affirmative obligations relating to the maintenance of the Premises. Grantee shall not be responsible for injuries or damage to persons or property in connection with Grantee's administration and/or enforcement of this Conservation Easement or otherwise with respect to the condition of the Premises, provided that the foregoing shall not absolve Grantee of any liabilities it might otherwise have, independently of this Agreement, for wrongfully and directly, without the participation or consent of the owner, causing any dangerous condition to come into existence on the Premises. Grantee shall have no liability to Grantor or any other owner for Grantee's acts, taken in good faith in connection with the administration of this Conservation Easement. Notwithstanding, Grantee shall indemnify the Grantor against any and all loss incurred by Owner to the extent arising from the Town's negligence or willful misconduct in exercising any of the Town's rights while on the Premises in accordance with the terms of this Agreement, as limited by the available coverage under the Town's general liability insurance policy. Interpretation. This instrument shall be governed by the laws of the State of New York. Said instrument is intended to create a "qualified real property interest" for "conservation purposes." In the event any provision has been omitted from this instrument necessary to qualify the interest hereby granted as such a "qualified real property interest" for "conservation purposes," such provision shall be deemed incorporated herein to the extent necessary to cause the interest hereby granted to be so qualified. Venue. Any claim or cause of action arising under the terms of this Conservation Easement, whether at law or in equity, shall be brought in New York State Supreme Court, Dutchess County. 6 4908-0875-5152.v1 IN WITNESS WHEREOF, the parties have executed this instrument as of the date first above written. TOWN OF POUGHKEEPSIE MANOR HILL MOBILE HOME PARK, LLC By: Rebecca Edwards, Supervisor By: Mark Bottini, Managing Member ACKNOWLEDGMENTS STATE OF NEW YORK COUNTY OF DUTCHESS ) ) sS.: ) On the day of in the year 2026 before me, the undersigned, personally appeared Rebecca Edwards, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) SS.: COUNTY OF DUTCHESS in the year 2026 before me, the undersigned, personally appeared Mark Bottini, 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 Record and Return to: Emily Svenson, Esq. Attorney to the Town of Poughkeepsie Town of Poughkeepsie Legal Department 1 Overocker Road Poughkeepsie, New York 12603 7 4908-0875-5152.v1 SCHEDULE "A" - DESCRIPTION Title No. QC 4412.1 ALL that certain plot, piece or parcel of land lying and being in the Town of Poughkeepsie, County of V Dutchess and State of New York, known and designated as Lot No. 1 on a certain map entitled "Subdivision Plat prepared for the Estate of John & Mary Morrill" and filed at the Dutchess County Clerk's Office on January 24, 1996, as filed map No. 10187 bounded and described as follows: BEGINNING at a iron rod found along the southerly line of North Grand Avenue with northeasterly corner of Lot No. 2 as shown on a certain map entitled Estate of John & Mary Morrill and filed in the Dutchess County Clerk's Office as filed map no. 10187, thence in a easterly direction along the southerly line of North Grand Avenue the following courses and distances; North 78° 50' 00° East 9.72 feet to a point, thence North 82° 02' 00" East 36.31 feet to the northeasterly corner of the herein described parcel with the westerly line of the lands of The County of Dutchess, New York Liber 1666 pg. 184, thence in a southerly direction along the westerly line of the County of Dutchess, New York, South 36° 51' 15" East 1047.86 feet to the southeasterly corner of the herein described parcel with the northeasterly comer of the Manor Hill Mobile Home Park, thence in a westerly direction along the northerly line of the Manor Hill Mobile Home Park and along a stonewall the following courses and distances, South 43° 40' 00" West 122.39 feet to a point, thence South 40° 38' 30" West 87.65 feel to a point, thence South 44° 56' 00° West 94.69 feet to a iron rod found in the stonewall at the southwesterly comer of the herein described parcel with the southeasterly corner of Lot No. 3 of the aforesaid filed map, thence in a northerly direction along the easterly line of a lot No. 3, North 36°51 15° West 740.00 feet to an iron rod found along the southerly line of the aforesaid Lot No. 2, thence in a easterly and northerly direction along Lot No. 2 the following courses and distances, North 34° 00 00" East 274.63 feet to a point, thence North 36° 51' 15" West 292.20 feet to the point of beginning. Being the same premises as described in Deed Liber 1978 pg. 1. ljpag Doc #: 0220153263 Printed Page 3 of 4 SCHEDULE B Conditional Final Site Plan Set Manor Hill Community Project; prepared by Lawrence J. Paggi, PE, PC Sheet 1 of 12 - T101 Cover Sheet Sheet 2 of 12 - S101 Existing Conditions Plan Sheet 3 of 12 - C101 Site Plan Sheet 4 of 12 - C201 Grading Plan Sheet 5 of 12 - C301 Utility Plan Sheet 6 of 12 - C401 Vehicular Circulation & Sight Distance Plan Sheet 7 of 12 - C501 Wetland Mitigation Plan Sheet 8 of 12 - C601 Erosion & Sediment Control Plan & Details Sheet 9 of 12 - C701 Construction Details Sheet 10 of 12 -- C702 Construction Details Sheet 11 of 12 - C703 Construction Details Sheet 12 of 12 - GA Gross Area Graphic SCHEDULE C Noril Grona Avenie i - 1 4i0a HATCH LEGEND LIVETLAND DISTURBANCE WETLAND MITIGATION COPEN SPACE 9,214 SF 9,328 25,454 SF SF LAWRENCE). PAGGI, PF, PC CONSULTING ENGINEERING 43 BROAD STREET PISHKILL, NEW YORK 12524 go pare TELEPHONE: (845) 897-2375 maran ch I MANOR HILL COMMUNITY PROJECT 179 VAN WAGNER ROAD 6 245 NORTH GRAND AVENUE. TOWN OF POUCHEEP SIE DUTCHESS COUNTY. NEW YORK CITS PLAN 0, 211 15% 30% C101 SCHEDULE D DISTURBANCE ARCA 9611-S VERTICAL SCALE: 1"=2' HORIZONTAL SCALE: 1"=20' WETLAND MITIGATION AREA SECTION A VERTICAL SCALE: 1'=2" HORIZONTAL SCALE: 1*=20 WETLAND MITIGATION AREA SECTION D DOTI VERTICAL SCALE: 1"=2' POSED ON SO TAR TED. TE HORIZONTAL SCALE: 1"=20 WETLAND MITIGATION AREA SECTION 8 SHRUNSE VERTICAL SCALE: 1"=2' HORIZONTAL SCALE: 1"=20" WETLAND MITIGATION AREA SECTION E LANDSGAPING NOTES: *E ILAN MITIGATION 2B reveren VETLANO MITIGATOR ASSA• PLANTING PLAN PLANTING SCHEDULE VERTICAL SCALE: 1"=2" HORIZONTAL SCALE: 1"=20' WETLAND MITIGATION AREA SECTION C VERTICAL SCALE: 1"=2' HORIZONTAL SCALE: 1=20 WETLAND MITIGATION AREA SECTION F пект її на SON DO THE SURE NACH LAWRENCE J. PAGGI, PF, PC CONSULTING ENGINFFRING 43 BROAD STREET PISHKILI, NEW YORK 1254 5 E TELEPHONE: (845) 897-2375 I MANOR HILL COMMUNITY PROJECT 179 VIN WAGNER ROAD & 245 NORTH GRAND AVENUE, TOWN OF POUGHKEEPSIE DUTCHESS COUNTY, NEW YORK ALY 7. 3020 17-24 C501 WETLAND MITIGATION PLAN DRAINAGE EASEMENT AND AGREEMENT This EASEMENT and AGREEMENT is made as of the . _ day of by Manor Hill Mobile Home Park, LLC, a New York limited liability company having an office at 18 Clinton Street, Wappingers Falls, New York 12603 ("Owner") to the Town of Poughkeepsie, a municipal corporation having an office at Town Hall, One Overocker Road, Poughkeepsie, New York 12603 ("Town"). WITNESSETH: WHEREAS, Owner is the current fee owner of a certain parcel of real property located in WHEREAS, conditional final site plan and special use permit approval have been granted by the Town of Poughkeepsie Planning Board, by resolution dated February 19, 2026, for the site plan entitled "Manor Hill Community Project," prepared by Lawrence J. Paggi, PE, PC, dated July 21, 2021, and last revised on January 23, 2026, consisting of 12 sheets, which sheets are listed in Schedule B hereto, as the same may hereafter be amended with Town approval (hereinafter the "Site Plan"), that would allow for the development of a proposed manufactured home community comprised of 14 lease lots, and related site improvements including a new access road from North Grand Avenue into the existing Manor Hill Mobile Home Park, and water and sewer services via connection to the existing Town facilities (the construction of which in accordance with the aforementioned plans shall hereinafter be referred to as the "Project"); and WHEREAS, a previous drainage easement over the Premises was recorded with the Dutchess County Clerk on September 13, 1971, at Liber 1318, Page 171, and depicted on Filed Map # 10187, which was recorded with the Dutchess County Clerk on January 24, 1996 (the "Previous Easement"); that Previous Easement will be expressly revoked as set forth in this Agreement; and WHEREAS, in connection with the Project, the Owner intends to relocate certain existing drainage lines , and/or install new drainage lines and related infrastructure (the "Drainage Infrastructure") at the Premises, and to relocate the previous drainage easement area, as depicted on the Site Plan and, as more particularly described in Schedule C (the "Easement Area"); and has requiet one a ranoian of it phar provel the roy, brough re laming ord Town Code and the approval of the Project. NOW, THEREFORE, for good and valuable consideration, including the granting of the approval referenced above, and to comply with the requirements of the Town Code, Owner and the Town hereby agree as follows: 1 4936-9106-7089.v1 1. The introductory "Whereas" paragraphs of this Agreement shall be deemed incorporated as if set forth herein. 2. As used throughout this document, "Owner" shall refer to the current owner, and its successors and assigns. Owner does hereby grant and release unto the Town, its successors and assigns, an easement and right of way over, across and through the Easement Area for the purposes of inspection, and in the event that Owner fails to construct and/or maintain the Drainage ntrastructure. and replacine, her the parpose astronsre this Grantin a maina shal repaide, bureconstruming, to, the following appurtenant rights necessary to effectuate the construction and maintenance of the Drainage Infrastructure, if necessary: a) the right of ingress and egress by person(s), motor vehicles, and construction equipment necessary to lay and construct the Drainage Infrastructure in, on, under and through the Easement Area and to maintain, repair, reconstruct, replace and inspect the same as the Town may deem necessary or desirable; and b) the right to clear, excavate, fill, grade, or cultivate the Easement Area and/or otherwise improve the same for the purposes herein set forth. Installation; Compliance with Approved Plans. 4.1 Owner shall install, or shall cause to be installed, all new Drainage Infrastructure within the Easement Area, consistent with the Site Plan, or modified as necessary upon written authorization by the Town's Director of Municipal Development. 4.2 Initial installation shall be completed as soon as practicable and prior to the issuance of a certificate of occupancy for the Premises, unless otherwise authorized in writing by the Director of Municipal Development. 4.3 Owner shall be responsible for the routine inspection, maintenance and repair of the Drainage Infrastructure as reasonably necessary to maintain the Drainage Infrastructure in functional condition and substantially consistent with the approved Site Plan. 4.4 Except for improvements shown on the approved Site Plan, and any amendments thereto that may be approved by the Town, Grantor is hereby prohibited from constructing and/or maintaining any type of permanent structure that interferes with access to, or operation, maintenance, repair or replacement of the Drainage Infrastructure within the Easement Area without the prior written permission of the Town. Except as provided in the prior sentence, the right to use the Easement Area for any purpose not interfering or inconsistent, in the opinion of the Grantee, with this Easement Grant is expressly reserved by Grantor 5. Town Rights. The Town, by and through its authorized officers, employees, and agents, shall have the right, upon reasonable advance notice and at reasonable times, to enter upon exterior portions of the Premises for the limited purpose of inspection and maintenance of the Drainage Course, in the event that Owner fails to do so. 6. Enforcement: Remedies. 6.1 This Agreement may be enforced by the Town, its Building Department, Code Enforcement Officials and/or Zoning Administrator, or other authorized municipal officials, by 2 4936-9106-7089.v1 any remedy available at law or in equity, including without limitation: (a) notices of violation; (b) orders to remedy; and (d) the commencement of civil actions or proceedings to compel compliance, to enjoin violations, or to recover costs of enforcement. 6.2 This Easement and Agreement shall not confer upon the Town any duty or obligation to maintain or replace the Drainage Infrastructure. Further, the Town's acceptance of any rights pursuant to this Easement and Agreement shall not be deemed as the acceptance of any duty or obligation to maintain or replace the Drainage Infrastructure. 6.3 Unless exigent circumstances warrant sooner action, if the Town elects to perform maintenance of the Drainage Infrastructure after written notice of default and failure to cure within 30 days (or such longer period as may be reasonably necessary to complete cure, provided cure is commenced within 30 days and diligently pursued), the Town may enter the Premises to perform such work and the reasonable and documented costs thereof shall be payable by Owner within 30 days after demand; unpaid amounts may be collected as provided by applicable law, including as a municipal charge or lien upon the Premises to the extent permitted by law. 7. Effect on Previous Easement. 7.1 Once the Town has confirmed, in writing, that the Drainage Infrastructure has been installed within the Easement Area in substantial compliance with the Site Plan or as modified with written authorization by the Town's Director of Municipal Development, and is operational, the Previous Easement shall be deemed revoked and shall be of no further force and effect, without the need for the execution or filing of any further documents by any party thereto. Recording: Duration: Running with the Land: Binding Effect. This Agreement shall be recorded in the office of the County Clerk, County of Dutchess, and indexed against the Premises. The covenants, conditions, and restrictions set forth in this Agreement are and shall be deemed covenants running with the land, and shall burden the Premises and bind Owner all subsequent owners, and their successors and assigns. The obligations herein shall commence upon recording of this Agreement and shall continue in full force and effect for so long as the development approved under the Site Plan, or any successor plan exists on the Premises, unless earlier released or modified by a written instrument executed by Owner and the Town and recorded in the Dutchess County Clerk's Office. 9. No Merger: Modification; Release. This Agreement is to be referenced in any conveyance deeds for the Premises; however, no merger of these covenants into any deed or other conveyance shall occur; these covenants shall survive and be independent of any conveyance instruments. This Agreement may be modified, amended, or partially released only by a written instrument executed by the record Owners) of the Premises and the Town by the Director of Municipal Development or the Chair of the Planning Board, following that Board's approval, if deemed required. Such modification shall be recorded in the Dutchess County Clerk's Office. Nothing herein prevents the Town from approving modifications to this Agreement consistent with applicable procedures; any material change affecting the obligations herein shall be reflected in a recorded amendment. Indemnity. IO.1 Owner shall indemnify and hold harmless the Town, its officers, employees, and agents from and against third-party claims arising out of Owner's failure to maintain the Premises 3 4936-9106-7089.v1 in accordance with this Easement and Agreement, except to the extent caused by the active negligence or willful misconduct of the Town. 10.2 The Town shall indemnify Owner against any and all loss incurred by Owner to the extent arising from the Town's negligence or willful misconduct in exercising any of the Town's rights while on the Premises in accordance with the terms of this Agreement, as limited by the available coverage under the Town's general liability insurance policy. 11.1 Any notice required or permitted under this Easement and Agreement shall be in writing and delivered by hand, certified mail (return receipt requested), or nationally recognized overnight courier to Owner at the address set forth above, or to such other address as Owner may designate by notice. 11.2 Upon the transfer of any portion of the Premises to a third party, Owner or the new 12. Severability: Interpretation. 12.1 If any provision of this Agreement is adjudged invalid or unenforceable, the remainder shall remain in full force and effect. 12.2 Headings are for convenience only and shall not affect interpretation. This Agreement shall be construed to effectuate its stated purpose. [SIGNATURE PAGE TO FOLLOW] 4936-9106-7089.v1 IN WITNESS WHEREOF, Owner and the Town have executed this Agreement as of the date first herein above set forth. TOWN OF POUGHKEEPSIE MANOR HILL MOBILE HOME PARK, LLC By: Rebecca Edwards, Supervisor By: _ Mark Bottini, Managing Member ACKNOWLEDGMENTS STATE OF NEW YORK COUNTY OF DUTCHESS ) ) SS.: On the — . day of in the year 20_, before me the undersigned, personally appeared Rebecca Edwards, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF DUTCHESS ) ) ) SS.: in the year 20_, before me the undersigned, personally appeared Mark Bottini, 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 on behalf of which the individual acted, executed the instrument. Notary Public RECORD AND RETURN TO: Emily Svenson, Esq. Attorney for the Town of Poughkeepsie Town of Poughkeepsie Legal Department Town Hall 1 Overocker Road Poughkeepsie, New York 12603 5 4936-9106-7089.v1 SCHEDULE "A" - DESCRIPTION Title No. QC 4412.1 ALL that certain plot, piece or parcel of land lying and being in the Town of Poughkeepsie, County of V Dutchess and State of New York, known and designated as Lot No. 1 on a certain map entitled "Subdivision Plat prepared for the Estate of John & Mary Morrill" and filed at the Dutchess County Clerk's Office on January 24, 1996, as filed map No. 10187 bounded and described as follows: BEGINNING at a iron rod found along the southerly line of North Grand Avenue with northeasterly corner of Lot No. 2 as shown on a certain map entitled Estate of John & Mary Morrill and filed in the Dutchess County Clerk's Office as filed map no. 10187, thence in a easterly direction along the southerly line of North Grand Avenue the following courses and distances; North 78° 50' 00" East 9.72 feet to a point, thence North 82° 02' 00" East 36.31 feet to the northeasterly corner of the herein described parcel with the westerly line of the lands of The County of Dutchess, New York Liber 1666 pg. 184, thence in a southerly direction along the westerly line of the County of Dutchess, New York, South 36° 51' 15* East 1047.86 feet to the southeasterly corner of the herein described parcel with the northeasterly corner of the Manor Hill Mobile Home Park, thence in a westerly direction along the northerly line of the Manor Hill Mobile Home Park and along a stonewall the following courses and distances, South 43° 40' 00" West 122.39 feet to a point, thence South 40° 38' 30" West 87.65 feet to a point, thence South 44° 56' 00° West 94.69 feet to a iron rod found in the stonewall at the southwesterly comer of the herein described parcel with the southeasterly corner of Lot No. 3 of the Being the same premises as described in Deed Liber 1978 pg. 1. ....: ljpag Doc #: 0220153263 Printed Page 3 of 4 SCHEDULE B Conditional Final Site Plan Set Manor Hill Community Project; prepared by Lawrence J. Paggi, PE, PC Sheet 1 of 12 - T101 Cover Sheet Sheet 2 of 12 - S101 Existing Conditions Plan Sheet 3 of 12 - C101 Site Plan Sheet 4 of 12 - C201 Grading Plan Sheet 5 of 12 - C301 Utility Plan Sheet 6 of 12 - C401 Vehicular Circulation & Sight Distance Plan Sheet 7 of 12 - C501 Wetland Mitigation Plan Sheet 8 of 12 - C601 Erosion & Sediment Control Plan & Details Sheet 9 of 12 - C701 Construction Details Sheet 10 of 12 - C702 Construction Details Sheet 11 of 12 - C703 Construction Details Sheet 12 of 12 - GA Gross Area Graphic SCHEDULE C RESOLUTION 10:7 - 12 OF 2026 AUTHORIZE TAX CERTIORARI SETTLEMENT FOR IBM CORPORATION BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby authorize the settlement of the tax certiorari proceeding instituted by IBM Corp. (North 100 property), owner of property located in the Town of Poughkeepsie and designated as Tax Grid No. 134689-6060-02-820769-0000, (South Road), for the 2025 tax assessment rolls, as shown on the attached Consent Order and Judgment; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby authorize the Supervisor or her designee, Town Assessor Maureen Gilmartin, and Kyle Barnett of Van De Water & Van DeWater, LLP, to sign such papers as are necessary to effectuate said settlement. Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays ES/mem t-10/1/2026 m-10/7/2026 AYE NAY ABSTAIN PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird RESENT/ABSENT Councilman Thangial RESENT/ABSENT Councilwoman Watsor PRESENT/ABSENT Councilman Sharpe PRESENT/ABSENT Councilwoman Shershin PRESENT/ABSENT Supervisor Edwards G: \mllegal\r|2026\OctOct 7\Tax cert IBM.docx Town of Poughkeepsie Tax Certiorari Refund Liability Owner: IBM CORP Parcel 1 6060-02-820769 South Road Parcel 1 2026 Assessment Role Spackenkill UF County Town Arlington Fire Consolidated Light Greater Pok Lib Dist South Road Assessed Value 2,579,300 $ 2,579,300 $ 2,579,300 $ 2,579,300 $ 2,579,300 $ 2,579,300 $ Tax Amount 127,496.64 6,117.38 22,717.77 16,707.02 784.00 4,494.43 Indicated Assessed Value 979,000 $ 979,000 $ 979,000 $ 979,000$ 979,000 $ 979,000 $ Sub Total Tax Amount 48,392.67 $ 2,321.92 8,622.76 6,341.32 297.57 1,705.90 Indicated Refund School 79,103.97 Co./Town $79,103.97 3,795.46 14,095.01 10,365.70 486.43 2,788.53 $31,531.13 TOWN IS NOT REQUIRED TO REFUND OVERPAYMENT for 2025 and 2026 ONLY SCHOOL IS REQUIRED TO PAY REFUNDS File No. 22998/j1 At an IAS Term of the Supreme Court of the State of New York, held in and for the County of Dutchess, New York, on the _ _ day of _ 2026. PRESENT: HON. JAMES BRANDS Justice. In the Matter of the Application of, IBM CORP, ---X Petitioner, -against- THE BOARD OF ASSESSORS AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF POUGHKEEPSIE, Respondents. CONSENT ORDER & JUDGEMENT Tax Year Index No. 2025/26 2025-54323 2026/27 Property Description Section: 6060 Block: 02 Lot: 820769-0000 For review under Article 7 of the RPTL. --X ORDERED, ADJUDGED AND DETERMINED that the assessment on the property designated as Section 6060, Block 02, Lot 820769-0000 on the tax map and assessment roll of the Town of Poughkeepsie shall be reduced so that the final total assessed value of said property on said assessment rolls be as follows: Section 6060, Block 02, Lot 820769-0000 Original Tax Year Assessment Revised Assessment Reduction 2025/26 2026/27 $2,579,300 $2,579,300 $979,000 $979,000 $1,600,300 $1,600,300 and it is further ORDERED, ADJUDGED AND DETERMINED that the assessment on the property designated as Section 6060, Block 02, Lot 820769-0000 on the tax map and assessment roll of the Town of Poughkeepsie for the tax year 2025/26 and 2026/27, shall be, and hereby are, confirmed; and it is further ORDERED, ADJUDGED AND DETERMINED that the officer or officers having custody of the aforesaid assessment roll of the Town of Poughkeepsie shall make or cause to be made upon the proper books and records of said Town the entries, changes and corrections necessary to conform said assessment to such corrected and reduced valuations; and it is further ORDERED, ADJUDGED AND DETERMINED that the Petitioner paid the School tax bill to SPACKENKILL UNION FREE SCHOOL DISTRICT for the 2025/26 tax year prior to this judgment, in lieu of this fact Schroder & Strom, LLP issues a demand for refund for overpayment of the School taxes of 2025/26, taxing said Petitioner on the basis of the final total assessed valuation stipulated herein, and it is further ORDERED, ADJUDGED AND DETERMINED that the Petitioner paid the Town of POUGHKEEPSIE and COUNTY OF DUTCHESS tax bills for the 2025/26 tax year prior to this judgment, in lieu of this fact Schroder & Strom, LLP waives demand for refund for the Town and County taxes of 2025/26, as it has been determined that pursuant to RPTL §727 the reduction will be implemented on the upcoming 2026/27, 2027/28 and 2028/29 assessment rolls, and it is further ORDERED, ADJUDGED AND DETERMINED that the County of Dutchess, the Town of Poughkeepsie and the Spackenkill Union Free School District will correct the 2026/27 tax bills and with said corrected tax bills to be paid without interest or penalties if paid within 45 days of receipt of said corrected tax bills, and it is further ORDERED, ADJUDGED AND DECREED that the provisions of Real Property Tax Law Section 727 shall be applicable to the reductions made to the 2026 assessment roll set forth in the First Decretal Paragraph herein for the 2026 assessment roll as set forth herein; and it is further ORDERED that this Order hereby constitutes and represents full settlement of each of the tax review proceedings herein, and there are no costs or allowances awarded to, by or against any of the parties, and that upon compliance with the terms of this Order, the above-entitled proceedings be and the same are settled and discontinued. ENTER, HON. JAMES BRANDS SIGNING AND ENTRY OF THE WITHIN ORDER IS HEREBY CONSENTED TO: SCHRODER & STROM, LLP Attorneys for Petitioner JOSEPH C. PACKARD 585 Stewart Avenue, Suite 660 Garden City, NY 11530 VAN DE WATER & VAN DE WATER, LLP Attorneys for Respondents KYLE W. BARNETT, ESQ. 85 Civic Center Plaza, Suite 101, P.O.Box 112 Poughkeepsie, New York, 12602 John B. Van De Water (1892-1968) Robert B. Van DeWater (1921-1990) Kyle W. Barnett Daniel F. Thomas, III Danielle E. Strauch Sarah E. Ryan Rebecca S. Mensch Hannah L. Atkinson Ross H. Gould VAN DEWATER AND VAN DEWATER, LLP COUNSELORS AT LAW 85 CIVIC CENTER PLAZA, SUITE 101 P.O. BOX 112 POUGHKEEPSIE, NEW YORK 12601 (845) 452-5900 Fax (845) 452-5848 WEBSITE ADDRESS: www.vandewaterlaw.com GENERAL E-MAIL ADDRESS: [email protected] June 29, 2026 Noc! deCordova, Jr. (1929-2013) dward vK Cunningham, Jr. (1935-201 onald C. Blass, Jr. (1951-201 Via Email Town of Poughkeepsie Town Board 1 Overocker Road Poughkeepsie, New York 12603 RE: IBM Corp. v. Town of Poughkeepsie Index No. 2025-54323 Dear Supervisor Edwards and Town Board Members: I am pleased to advise you that with the able assistance of Maureen Gilmartin, Town Assessor, we have reached a tentative settlement of the tax certiorari proceedings involving IBM Corp. In chart form, the tentative settlement is as follows: Tax Grid No. 134689-6060-02-820769-0000 (South Road) Assessment Roll Assessment Revised Assessment Amount of Reduction 2025 2026 $2,579,300 $2,579,300 $979,000 $1,600,300 $979,000 $1,600,300 Enclosed for your consideration is a resolution which, if adopted, will authorize the settlement of this matter. the 2025 tax year. Petitioner hereby waives refunds by, and on behalf of Town of Poughkeepsie for By copy of this letter to the Town Clerk, I request that she advise me of the action of the Town Board when it is considered. If there are any further questions, please feel free to contact me. Thank you for referring this matter to me. Very truly yours, VAN DE WATER & VAN DE WATER, LLP BY:_ KYLE W/BARNETT KWB/lac Enclosures cc: Maureen Gilmartin, Town Assessor Felicia Salvatore, Town Clerk Mary McAliney, Legal Department RESOLUTION 10:7 - # 18 OF 2026 RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY SURPLUS AND AUTHORIZING SALE OR DISPOSAL — TOWN HALL, 244 BOARDMAN ROAD WHEREAS, the Town of Poughkeepsie has identified certain furniture and related personal property located at the new Town Hall site, 244 Boardman Road, that is no longer needed for Town use, as more particularly described on the list attached hereto as Exhibit A; and WHEREAS, the Town Board wishes to declare such property surplus and to authorize its sale or disposal; now therefore BE IT RESOLVED, that the Town Board hereby declares the items listed on Exhibit A to be surplus property; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Poughkeepsie hereby authorizes the Town Supervisor to conduct a surplus item sale at the new Town Hall, located at 244 Boardman Road, Poughkeepsie, New York, on October 15, 2026, from 5:00 p.m. to 7:00 p.m. and on October 17, 2026, from 2:00 p.m. to 4:00 p.m.; and BE IT FURTHER RESOLVED, that the Town Supervisor, or her designee, is hereby authorized to sell, pr otherwise dispose of the surplus property listed on Exhibit A, if unsuccessful at the above sale, in such manner as she determines appropriate, including by online auction, donation, or disposal; and BE IT FURTHER RESOLVED, that any proceeds received from the sale of the surplus property listed on Exhibit A shall be deposited to the Town's general fund (A Fund). Dated: Moved: Seconded: Motion passes/ fails: Ayes Nays. LS/mem t-9/30/2026 m- 10/7/2026 PRESENT/ABSENT Councilman Freeman PRESENT/ABSENT Councilwoman Laird PRESENT/ABSENT Councilman Thangiah PRESENT/ABSENT Councilwoman Watson PRESENT/ABSENT Councilman Sharpe PRESENT/ABSENT Councilwoman Shershin PRESENT/ABSENT Supervisor Edwards AYE NAY ABSTAIN G:Imllegallr|20261OctlOct 7\Surplus Furniture etc..docx EXHIBIT A EXCESS ITEMS FOR SALE 1. Pottery kiln (208v) and related supplies and equipment; 2. Approximately 10 metal locker sections (one-over-one design, in six-locker segments), good condition; 3. Trophy case in gym lobby; 4. 2 heavy Mission-style wooden folding screens; 5. 1 Asian carpet runner, good condition; 6. 6-8 built-in cabinets and sink bases; one set (cabinet + sink base) has heavy soapstone tops; 7. 2 narrow rectangular wood tables with soapstone tops; 8. 6 bookcases of various sizes; 9. 5 office chairs of various kinds, fair to poor condition; 10. Set of 3 burgundy upholstered chairs; 11. 8 stackable blue plastic chairs, fair to poor condition; 12. 1 small black swivel armchair, fair condition; 13. Approximately 7 filing cabinets (5, 4, and 2 drawer), good to poor condition; 14. Approximately 12 rectangular tables of various sizes and conditions; 15. One side table, excellent condition; 16. One piano bench, excellent condition; 17. One metal desk, good condition; 18. Two open metal cabinets; 19. Approximately 15 corkboards, small / medium / large; 20. Approximately 10 whiteboards, medium / large; 21. One large metal basket; 22. 1 electronic music keyboard; 23.1 boom box; 24. 1 small space heater; 25. 2 yardsticks (one metal, one wood); 26. 3 science classroom scales; 27. 3 pieces of art (large abstract, small wrought iron wall hanging, shadowbox with seashells); 28. 1 medium wall mirror; 29. 3 small nets (butterfly or small fish); 30. 1 pair women's tennis shoes; 31.2 covered portable food- or drink-serving counters with room for ice (not heatable); 32. 1 refrigerated cabinet with no shelves, on loading dock; 33. Any additional items which may be identified at the site, for example built-in cabinets. G: \mllegal\r\2026\Oct\Oct 7\Exh A-EXCESS ITEMS FOR SALE.docx #19 DOCS TO FOLLOW # 20 Notification-The following Notice of Claims have been referred to Legal: 1. Arroyo; 2. Ramo; and 3. Bauer #_2l Notification-Town Clerk Events