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2005-07-05 RGMMonday, July 5, 2005 7:30 pm Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to Flag SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS PUBLIC HEARINGS: Public Hearing to Amend the Town of Wappinger Zoning law with Respect to Permitting Al and PI Zones by Special Permit, Catalog Show Rooms for Retail Sales of Off -Site Inventory Public Hearing to Amend Section122-16-N (6E) [7) of the Town of Wappinger Code DISCUSSIONS: • Parking Conditions at the Chelsea Boat Ramp—Ralph Holt & Joe Ennesser • Rejection of Bids for Fleetwood II Water District Project—Jay Paggi • Joint Landfill—Jay Paggi • Rich Drive Easement Report—Jay Paggi • Wappinger Farm Estates RESOLUTIONS: 2005-094 Resolution Adopting Local Law to Amend the Town of Wappinger Zoning Law with Respect to Permitting AI and PI Zones by Special Permit, Catalog Show Rooms for Retail Sales of Off -Site Inventory 2005-095 Resolution Adopting Local Law to Amend Section 122-16-N (6E) {7} of the Town of Wappinger Code 2005-096 Resolution Authorizing Non-residents to Participate in Recreation Trips and Certain Programs 2005-097 Resolution of Support of Clean Water Protection/Flood Protection Act 2005-098 Hold 2005-099 Resolution for Wappinger Farms 2005-100 Resolution Authorizing Reorganization of Building/Planning & Zoning Department 2005-101 Resolution Rejecting Bids of Fleetwood Authorizing Preparation of an Amended Map, Plan and Report for Re -bid 2005-102 2005-103 Resolution Authorizing the Termination of Easement through Property of Oak Street Properties Subject to Permissive Referendum 2005-104 Resolution Authorizing Property of Heartland to Connect to Wappinger Sewer Transmission/Treatment Improvement Area Phase 3A as a Tenant 2005-105 Resolution Authorizing Issuance of $566,912 Serial Bonds for Additional Cost of Towns Share of Landfill Closure. NEW BUSINESS/COMMENTS EXECUTIVE SESSION: CSEA ADJOURNMENT 1 07/05/2005.WS The Workshop Meeting of the Town of Wappinger was held on July 5, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Paoloni, Councilman Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town John C. Masterson, Town Clerk Absent: Maureen McCarthy, Councilwoman SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Bettina moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilman Paoloni and unanimously carried. PUBLIC HEARINGS: • Public Hearing to Amend the Town of Wappinger Zoning Law with Respect to Permitting AI and PI Zones by Special Permit, Catalog Show Rooms for Retail Sales of Off Site Inventory • Public Hearing to Amend Section 122-16-N (6e)[7] of the Town of Wappinger Code. DISCUSSIONS: • Parking Conditions at the Chelsea Boat Ramp—Ralph Holt & Joe Ennesser--Tabled • Rejection of Bids for Fleetwood II Water District Project—Jay Paggi, Engineer to the Town informed the Board that he wished to reject the lone bid received from Cassidy Excavating on June 21, 2005, in the amount of $118,216, because the bid amount exceeded the authorized amount for the Fleetwood II Water District project. Being that we only received one bid we cannot not make a comparison. He recommends that the bid submitted be formally rejected. His office also recommends the authorization approved by the Town Board last November be increased. This needs to be coordinated with Mr. Roberts office and Bond Counsel. If the Board is agreeable to this, Mr. Paggi's office will go ahead and draft the amended Map, Plan and Report and submit it to the Town Board and Mr. Roberts. Supervisor Ruggiero announced that there is a 1 07/05/2005.WS resolution for tonight rejecting the bid and authorizing the amendment to the Map, Plan and Report. Supervisor Ruggiero will notify the 24 residents on Osborne Hill Road that the project has been delayed. • Rich Drive Easement Report—Jay Paggi informed the Board that there has been an ongoing drainage condition that existed in the All Angels Hill Road, Tor Road, Rich Drive areas. After meeting with the residents of Rich Drive and All Angels Hill Road, on March 29, 2005, a field inspection was made to determine the best possible route for the storm drain pipe and what in the way of easements would be involved. In order to solve the problem easements would be required from Mr. D'Aquino and Mr. Horan, the two home owners on Rich Drive. Mr. Paggi performed a cost estimate of the project and it would appear that the soft costs for the project would be in the $80,000 neighborhood. This would include construction cost of the proposed work and the soft costs associated going out to bid, inspections and obtaining easements. It would also include the payment of approximately $2,000-$3,000 to the property owner to the east of houses on Rich Drive as requested. The owner of the property on All Angels Hill Road took it upon himself to do some grading on his property that he thought would alleviate the situation, which it did marginally. But during the intense storms there was no appreciable effect. He expended around $2,000 to $3,000. He has requested as part of his easement agreement to be compensated for the dollars that he has spent. Mr. Paggi felt that his request was in line. This expenditure has been programmed in the total project costs. Discussion followed. Councilman Valdati moved to authorize Jay Paggi, Engineer to the Town prepare a design for easements, seconded by Councilman Bettina and unanimously carried. • Wappinger Farm Estates—Tabled RESOLUTION NO. 2005-094 RESOLUTION ADOPTING LOCAL LAW NO. #8 OF 2005 AMENDMENTS TO THE TOWN OF WAPPINGER ZONING LAW WITH RESPECT TO PERMITTING IN Al AND PI ZONES, BY SPECIAL PERMIT, CATALOG SHOWROOMS FOR RETAIL SALES OF OFF-SITE INVENTORY The following resolution was moved by Councilmember Valdati and seconded by Councilmember Bettina. 2 r F, F, 07/05/2005.WS WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-81.1 of the Town of Wappinger Zoning Law, should be created to permit in AI and PI Zones, by Special Permit, Catalog showrooms for retail sales of off-site inventory; and WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240, Schedule of Use Regulations- Nonresidential Districts, should be amended, to include catalog showrooms for retail sales of off-site inventory; and WHEREAS, the Town Board determined that the Proposed Action is a Type I Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, a duly advertised public hearing was held on July 5, 2005 at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed on that date; NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on ,., the grounds that the Proposed Action will not result in any significant environmental impacts as no construction will occur as a direct result of the amendments. Moreover, the proposed Local Law simply introduces a new special permit use in acknowledgment of evolving retail needs and new technologies. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. #8 of 2005; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from time to time, are to remain in full force and effect. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Maureen McCarthy, Councilwoman Absent Joseph Paoloni, Councilman Aye The Resolution is hereby declared adopted. RESOLUTION NO. 2005 -095 3 07/05/2005.WS RESOLUTION AUTHORIZING THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW NO. #9 OF THE YEAR 2005, AMENDING SECTION 122-16.N(6)(e)[7] OF THE TOWN OF WAPPINGER CODE" The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, " Local Law No. #9 of the Year 2005, Amending Section 122-16.N(6)(e)[7] of the Town of Wappinger Code", for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal; and WHEREAS, A Public Hearing was held on July 5, 2005, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to environmental review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger herby adopts the Local Law entitled, "Local Law No. #9 of the Year 2005, Amending Section 122- 16.N(6)(e)[7] of the Town of Wappinger Code", a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Maureen McCarthy, Councilwoman Absent Joseph Paoloni Councilman Aye The Resolution is hereby declared adopted. RESOLUTION NO. 2005-096 RESOLUTION ALLOWING NON-RESIDENTS TO PARTICIPATE IN CERTAIN RECREATION ACTIVITIES The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina 4 07/05/2005.WS WHEREAS, the Town of Wappinger Recreation Commission sponsors numerous programs and activities which programs and activities are open to the residents of the Town of Wappinger; and WHEREAS, there are certain times where there remain vacancies and openings and activities are not filled to capacity by Town of Wappinger residents; and WHEREAS, the Town of Wappinger Recreation Commission wishes to open participation in said activities and programs to non-residents if there are still vacancies and openings after Town residents have had an opportunity to participate,; and WHEREAS, the Town of Wappinger Recreation Commission proposes to charge the non-residents for participation in bus trips an additional charge of $15.00 per person and a fifty percent additional cost for participation for all other programs; and WHEREAS, a non-resident sign-up sheet would be made available and the non-residents would be able to participate only if space remains available after residents of the Town of Wappinger have had the first opportunity to fill any and all vacancies; and WHEREAS, it is the continued intent for these programs to remain available primarily for Town residents; and WHEREAS, if vacancies and openings remain available, all non-residents who have signed up will be notified within one week before the date of the trip or activity that there are vacancies or openings available for non- residents. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby agrees that participation of non- residents in certain trips and activities sponsored by the Town Recreation Commission will benefit the Town. 3. The Town Board recognizes and encourages these trips and activities and agrees that they should be made available first to Town residents. However, if there are still vacancies and openings after having been offered to Town residents, then the Town Board may open up the activities and/or trips to non-residents as hereinafter set forth. 4. The Town Board hereby ratifies and confirms the proposal made by the Recreation Commission that the fee for non-residents to participate in bus trips shall be the cost of the trip plus an additional $15.00. 5 07/05/2005.WS 5. The Town Board hereby ratifies and confirms the proposal made by the Recreation Commission that the cost for participation in other activities by non-residents shall be the cost of activity to residents plus an additional fifty percent. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Maureen McCarthy, Councilwoman Absent Joseph Paoloni, Councilman Aye The Resolution is hereby declared adopted. RESOLUTION NO. 2005-097 IN SUPPORT OF CLEAN WATER PROTECTION/FLOOD PROTECTION ACT The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, as set forth in the state Freshwater Wetlands Act (Environmental Conservation Law, Art. 24): the "freshwater wetlands of the state of New York are invaluable resources for flood, protection, wildlife habitat, open space and water resources;" WHEREAS, as set forth in the State Freshwater Wetlands Act (Environmental Conservation Law, Art. 24): Any loss of freshwater wetlands deprives the people of the state of some or all of the many and multiple benefits to be derived from wetlands, to wit: (a) flood and storm control by the hydrologic absorption and storage capacity of freshwater wetlands; (b) wildlife habitat by providing breeding, nesting and feeding grounds and cover for many forms of wildlife, wildfowl and shorebirds, including migratory wildfowl and rare species such as the bald eagle and osprey; (c) protection of subsurface water resources and provision for valuable watersheds and recharging ground water supplies; (d) recreation by providing areas for hunting, fishing, boating, hiking, bird watching, photography, camping and other uses; (e) pollution treatment by serving as biological and chemical oxidation basins; (f) erosion control by serving as sedimentation areas and filtering basins, absorbing silt and organic matter protecting channels and harbors; C. FA 07/05/2005.WS (g) education and scientific research by providing readily accessible outdoor bio -physical laboratories, living classrooms and vast training and education resources; and (h) open space and aesthetic appreciation by providing often the only remaining open areas along crowded river fronts and coastal Great Lakes regions; and (i) sources of nutrients in freshwater food cycles and nursery grounds and sanctuaries for freshwater fish. WHEREAS, the U.S. Geological Survey estimated that, as of 1980, New York State already had lost 60% of its wetlands; WHERAS, the state Freshwater Wetlands Act protects only wetlands that are 12.4 acres or larger, or those that have been specially designated as being of unusual local importance, and relies on the U.S. Army Corps of Engineers (ALOE) to protect the vast majority of wetlands under 12.4 acres; WHEREAS, as a result of changes in federal policy, so-called "isolated" wetlands are no longer afforded federal protection; WHEREAS, the 12.4 acre size threshold in current state law coupled with the loss of federal protection for many smaller wetlands has created a regulatory gap, leaving an estimated tens of thousands of wetlands in New York without any regulatory protection; WHEREAS, New York is the only state in the Northeast that uses wetland size as a threshold criteria for wetland regulation; WHEREAS, the Town of Wappinger recognizes the valuable functions freshwater wetlands perform for Town of Wappinger including maintaining water quality, preventing flooding, and providing critical habitat; and WHEREAS, the Clean Water Protection/Flood Prevention Act (A.2048/5.2081) gives greater protection to New York's freshwater wetlands by reducing the size threshold for state jurisdiction to one acre and streamlining the wetland mapping process. NOW, THEREFORE, BE IT RESOLVED, the Town of Wappinger Town Board requests that the New York State Legislature enact the Clean Water Protection/Flood Prevention Act (A.2048/5.2081). BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to Assemblyman Joel Miller, Senator Stephen Saland, Senator Bruno, Speaker Silver, and Governor Pataki. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Maureen McCarthy, Councilwoman Absent Joseph Paoloni, Councilman Aye 7 07/05/2005.WS Motion unanimously carried RESOLTION NO. 2005-099 RESOLUTION FOR WAPPINGER FARM ESTATES Councilman Bettina moved to table Resolution 2005-099 for Wappinger Farm Estates, seconded by Councilman Paoloni and unanimously carried. RESOLUTION NO. 2005-100 RESOLUTION REORGANIZING BUILDING AND ZONING DEPARTMENTS The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. WHEREAS, the Town Board has determined that a re -organized Building and Zoning Department would create a more efficient and centralized structure for the enforcement of the Code of The Town of Wappinger; and WHEREAS, The Town of Wappinger wishes to adopt the Dutchess County Personnel Department's determination that such a structure is best implemented with the creation of the position of Director of Code Enforcement and that all Town personnel associated with such Code Enforcement structure continue with salaries unaffected thereby; and WHEREAS, it has been determined that the proposed Director of Code Enforcement shall supervise and be responsible for the commencement and continuation of any enforcement proceeding commenced within the Town of Wappinger, and that current Building Inspector, George Kolb, is best suited to fill that position; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. George Kolb is hereby designated Director of Code Enforcement for the Town of Wappinger, and shall continue at current salary. 3. Tatiana Lukianoff shall remain Zoning Administrator and shall act under the direction and auspices of the Director of Code Enforcement, and shall continue at current salary. 4. Mark Lieberman shall remain Fire Inspector at current salary with his position to be earmarked as Municipal Code Enforcement Inspector and shall act under the direction and auspices of the Director of Code Enforcement. 5. Salvatore Morello, III shall be designated Municipal Code Enforcement Inspector and shall act under the direction and auspices of the Director of Code Enforcement, and shall continue at current salary. 1.1 07/05/2005.WS 6. Richard Travis shall be designated Municipal Code Enforcement Inspector and shall act under the direction and auspices of the Director of Code Enforcement, and shall continue at current salary. 7. Susan Dao shall be designated Municipal Code Enforcement Inspector and shall act under the direction and auspices of the Director of Code Enforcement, and shall continue at current salary. 8. Barbara Roberti shall remain Secretary to the Planning Board and Zoning Board of Appeals and shall act under the direction and auspices of the Zoning Administrator and shall continue at current salary. 9. Data Entry Operators Shelly Crespo, Michelle Gale and Maria Gilbride shall assist the Municipal Secretary and shall continue at their respective current salaries. 10. The Municipal Secretary and Town Planner, when and if appointed, shall also act under the auspices of the Director of Code Enforcement. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Maureen McCarthy, Councilwoman Absent Joseph Paoloni, Councilman Aye The Resolution is hereby declared adopted. RESOLUTION NO. 2005-101 RESOLUTION REJECTING FLEETWOOD WATER II DISTRICT EXTENSION BID AND AUTHORIZING PREPARATION OF AMENDED MAP, PLAN AND REPORT AND RE -BID The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, the Town Board of the Town of Wappinger has previously authorized the acceptance of bids for the Project known and referred to as "Fleetwood Water II District Extension" (the "Project") with estimated construction costs of $69,000.00 as listed in the Map Plan and Report prepared by the Engineer to the Town; and WHEREAS, by Resolution No. 2004-211, adopted on June 14, 2004, the Town Board of the Town of Wappinger established the maximum estimated cost for the Project to be $88,500.00 and financed through the issuance of $88,500.00 in serial bonds; and WHEREAS, on June 21, 2005, only one bid was received and opened by Town Clerk, Chris Masterson, with respect to the Project; which bid was submitted by Cassidy Excavating, Inc. in the sum of $118,216.00, and 07/05/2005.WS exceeded the estimated cost of $88,500.00 to be financed by serial bonds in accordance with the aforementioned Resolution, and also exceeded such maximum estimated cost by more than 70% (percent); and WHEREAS, no other bids were received or opened; and WHEREAS, the Town has expressly reserved the right to reject and submit for re -bidding under such circumstances; and WHEREAS, the Engineer to the Town, Paggi, Martin & DelBene, in furtherance of the proposed re -bid shall take into consideration all relevant factors including market conditions for the requisite Amended Map, Plan and Report. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The bid received, opened and submitted by Cassidy Excavating, Inc. in the sum of $118,216.00 is rejected. 3. The Town Board authorizes the Attorney to the Town and the Engineer to the Town to take all steps necessary to re -bid the Project known and referred to as "Fleetwood Water II District Extension" on a date and time in accordance with all procedural and due notice requirements. 4. The Engineer to the Town, Paggi, Martin & DelBene, is hereby authorized to prepare an Amended Map, Plan and Report in furtherance of such re -bid for review by the Town Board and the Attorney to the Town, Albert P. Roberts. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Maureen McCarthy, Councilwoman Absent Joseph Paoloni, Councilman Aye The Resolution is hereby declared adopted. RESOLUTION NO. 2005-103 RESOLUTION AUTHORIZING THE TERMINATION OF EASEMENT THROUGH PROPERTY OF OAK STREET PROPERTIES, LLC, SUBJECT TO PERMISSIVE REFERENDUM The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, by Resolution 2005-49, the Town Board, on behalf of the Wappinger Park Water District authorized the termination of a certain water line easement located on properties owned by Oak Street Properties, LLC; and 10 07/05/2005.WS WHEREAS, it has subsequently been determined that such lease termination should have been accomplished by Resolution subject to permissive referendum; and WHEREAS, the consideration for such lease termination is the completion of all the work required for the extension of the water service line along the west side of U.S. Route 9 from Old Hopewell Road to adjacent property owned by Heartland, LLC., deactivation of the well line and water service of the water lines through the abandoned easement area all in accordance with a letter of Paggi, Martin and Del Bene to the Planning Board dated January 20, 2005, which work the Town Board hereby determines to be fair and adequate consideration for the termination of this easement. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby reconfirms Resolution No. 2005-49 authorizing the termination of certain water line easement through lands now owned by Oak Street Properties, LLC. 3. The Town Board further determines that the work to be undertaken by Oak Street Properties, LLC and/or North American Properties, Inc. as above stated is fair and adequate consideration for the termination of the easement. 4. This Resolution is adopted subject to permissive referendum. The Town Board is directed to publish notice of adoption of this Resolution in an official newspaper of the Town as soon as practical, with the cost of said publication to be paid by or on behalf of Oak Street Properties, LLC. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Maureen McCarthy, Councilwoman Absent Joseph Paoloni, Councilman Aye The Resolution is hereby declared adopted. RESOLUTION NO. 2005-104 RESOLUTION AUTHORIZING PROPERTY OF HEARTLAND, LLC TO CONNECT TO WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT AREA PHASE 3A, AS A TENANT The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. 11 07/05/2005.WS WHEREAS, Heartland, LLC (hereinafter "Heartland") is the owner of certain property located at 1271 Route 9, Wappingers Falls, New York (hereinafter the "Heartland Parcel"); and WHEREAS, Heartland has requested permission to connect to Wappinger Sewer Transmission/Treatment Improvement Phase 3A (hereinafter "WSTTIA-3A") as a tenant, and subject to Heartland constructing and installing certain sewer main improvements and granting an unspecified easement for sewer purposes to the Town and/or an unnamed sewer improvement area to be formed, as hereinafter set forth; and WHEREAS, North American Home Equities, Inc. (hereinafter "North American") is the contract -vendee for the purchase of certain property contiguous to and to the immediate north of the Heartland Parcel, which property has been the subject of a Resolution of Site Plan Approval for a Project known as "Corporate Park", which parcel is hereinafter referred to as the "Corporate Park Parcel"; and WHEREAS, North American and Heartland have agreed to share in the cost of construction of the sewer main from Cayuga Drive through Corporate Park to a point near the existing septic tank located within the Heartland Parcel; and WHEREAS, the Tri -Municipal Sewer Commission has previously granted permission to the Town to allow the Heartland Parcel to connect as a tenant to 3A. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board, on behalf of WSTTIA-3A hereby grants permission to Heartland to allow the Heartland Parcel and commonly known as 1271 Route 9, Wappingers Falls, New York (the location of the present Heart Acura Dealership) to become a tenant to WSTTIA-3A on the following conditions: (1) Heartland and/or North American will construct an extension of the sewer main from Cayuga Drive, through the Corporate Park Parcel, to the Heartland Parcel, to a point on the Heartland Parcel near the existing location of Heartland's septic tank. (2) The construction of the sewer main extension will be done in accordance with Plans and Specification approved by the Engineers to the Town of Wappinger, Paggi, Martin and Del Bene, subject to the approval of the Dutchess County Health Department. 12 07/05/2005.WS (3) Heartland and/or North American will also construct a water main extension from Old Hopewell Road southward along the westerly side of southbound Route 9 to the south side of the existing north entrance to the Heart Acura Dealership located on Route 9, all as set forth in the letter of June 13, 2005 from Supervisor Joseph Ruggiero to North American Home Equities, Inc. (4) Upon completion of construction of the water and sewer mains, Heartland and/or North American will dedicate the sewer and water mains to the Town of Wappinger and/or the Wappinger Park Water District and/or WSTTLIA-3A, as the case may be, free and clear of any liens or encumbrances, together with any necessary easements, in form acceptable to the Attorney to the Town. (5) North American and/or Heartland will pay for all inspection fees incurred by the Town during the course of the construction of the water main and/or sewer main. (6) Heartland further agrees to grant an unspecified easement from the termination of the sewer main to be constructed to the southerly boundary of the Heartland Parcel, the exact location of the easement to be determined by the Engineers to the Town, Paggi, Martin and Del Bene, and in form satisfactory to the Attorney to the Town. (7) If within a period of two years from the date of this Resolution, the Town Board has duly adopted an Order establishing a further sewer improvement or sewer district, the boundaries of which include the Heartland Parcel, then Heartland, and/or North American shall construct an extension of the sewer main to the southerly boundary of the Heartland parcel, as determined by the Engineers to the Town, Paggi, Martin and Del Bene, or their successors; North American shall post a Performance Bond guaranteeing the construction of the sewer main as herein set forth. (8) As a further condition for permission to connect to the WSTTIA- 3A, Heartland shall pay benefit assessments and Operation and Maintenance charges (O&M) as if originally included in WSTTIA-3A, commencing within the first year following the completion of the sewer main, until such time as the Heartland Parcel is included in a subsequent sewer improvement and/or sewer district. (9) In consideration of the construction of the sewer main and water main as herein set forth, the Town Board agrees that Heartland shall not be required to pay the thirty percent surcharge for O&M charges otherwise required by Town Code Section 236-6C. 13 07/05/2005.WS 3. The Town Board further authorizes the Supervisor to execute a formal contract, on behalf of the Town and/or WSTTIA-3A and/or Wappinger Park Water District with North American and/or Heartland for the construction of both the sewer main extension and water main extension, which contract shall include all the terms and conditions of this Resolution and be in form acceptable to the Attorney to the Town and the Engineer to the Town. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Maureen McCarthy, Councilwoman Absent Joseph Paoloni, Councilman Aye The Resolution is hereby declared adopted. • Joint Landfill—Jay Paggi. Mr. Paggi introduced Russell Mead, who he is a Hydrologist working for the Chazen Company and his responsibility is to investigate how the landfill is positioned and provide input to the engineering group on how to close the landfill so leachate seeps. The landfill was closed in conformance with the standard of the time and it was capped. The leachate now needs to be managed. The remedy at the time was to capture it and bring it back to the top and aerate it on to the surface of the landfill. This is not current standards. The DEC is visiting landfills across the state of New York and any landfills that have leachate issues are being asked to re -close them. He went on to explain landfill issues, closure plans to meet current standards, and the towns portion (14.1% ) that would be needed for closure. Discussion followed. Al Roberts explained that the following Resolution is the authorization to allow the Town to borrow the additional money that may be needed based on new cost estimates for the closure. RESOLUTION NO. 2005-105 A RESOLUTION AUTHORIZING THE ISSUANCE OF $566,912 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY ADDITIONAL COSTS OF SAID TOWN'S SHARE OF THE COST OF THE CLOSURE OF THE SO-CALLED POUGHKEEPSIE- WAPPINGER JOINT LANDFILL LOCATED AT THE DUTCHESS COUNTY AIRPORT. The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, by Intermunicipal Agreement dated January 19, 1970, as supplemented by Intermunicipal Agreement dated September 11, 2003, the 14 07/05/2005.WS Town of Poughkeepsie, the City of Poughkeepsie, the Town of Wappinger, the Village of Wappingers Falls and the Town of LaGrange operated and maintained a joint sanitary landfill located at the Dutchess County Airport, commonly known as the Poughkeepsie-Wappinger Joint Landfill; WHEREAS, each of the aforesaid municipalities have executed an Order on Consent with the New York State Department of Environmental Conservation, Department of Environmental Conservation Order On Consent File No. R3- 20020628-75, pursuant to which such municipalities have agreed to undertake certain closure and remedial actions with respect to the Poughkeepsie-Wappinger Joint Landfill, all in accordance with a certain Closure Investigation Report approved by the Department of Environmental Conservation; and WHEREAS, by bond resolution dated January 26, 2004, the Town Board of said Town authorized the issuance of $850,368 serial bonds of said Town to pay said Town's share of the cost of the closure of the so-called Poughkeepsie-Wappinger Joint Landfill located at the Dutchess County Airport; and WHEREAS, it has now been determined that the aggregate cost of the closure of such landfill is $10,000,000, an increase of $4,000,000 over that previously estimated, and that the Town's share of the cost of said closure, including the undertaking of the closure and remedial measures set forth in the aforesaid Order on Consent, is $1,417,280, an increase of $566,912 over that previously estimated; and WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the issuance of an additional $566,912 serial bonds of said Town to pay the Town's share of such additional costs; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying additional costs of the Town's share of the cost of the closure and remedial measures to be undertaken at the so-called Poughkeepsie-Wappinger Joint Landfill in accordance with the Order on Consent described in the preambles hereof, including incidental drainage and other incidental improvements and expenses therefore, there are hereby authorized to be issued $566,912 serial bonds of said Town pursuant to the provisions of the Local Finance Law. 15 07/05/2005.WS Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is now determined to be $1,417,280, and that the plan for the financing thereof shall be as follows: (a) by the issuance of the $850,368 serial bonds of said Town authorized to be issued pursuant to bond resolution dated January 26, 2004; and (b) by the issuance of the additional $566,912 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 6-b of paragraph a of Section 11.00 of the Local Finance Law, calculated from April 8, 2004, the date of issuance of the first bond anticipation notes therefore. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, by the manual or facsimile signature of its Supervisor, and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of its Town Clerk. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having 16 07/05/2005.WS substantially level or declining annual debt service and all matter related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town shall determine. Section 8. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 9. The Supervisor is hereby further authorized, at his or her sole discretion, to execute an application, a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without resorting to further action of this Town Board. 17 07/05/2005.WS Section 11. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 12. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 13. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 14. This resolution, which takes effect immediately in accordance with the provisions of Section 35.00(b)(4) of the Local Finance Law and with the aforesaid Order On Consent described in the preambles hereof, shall be published in full in the Poughkeepsie Journal and the Southern Dutchess News, the official newspapers, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Maureen McCarthy, Councilwoman Absent Joseph Paoloni, Councilman Aye The Resolution is hereby declared adopted. NEW BUSINESS: Councilman Valdati noticed that there have been more tires evident on Inter - City Tire property. He wished to know the status. The Building Inspector ic 07/05/2005.WS replied that they are waiting for the Judges decision on whether to issue a restraining order. Councilman Bettina in regard to the recent accident on 9D and Chelsea Road. He has been complaining about the speed limit on Chelsea Road for some time. He wants the Town to draft a letter to the County, State and the State Police requesting to lower the speed limit on Chelsea Road. At this time 8:35 p.m., Councilman Bettina moved to go into Executive Session to discuss CSEA negotiations with Attorney to the Town Al Roberts and Highway Superintendent, Graham Foster, seconded by Councilman Paoloni and unanimously carried. The meeting reconvened at 8:39 p.m. with all Board members in attendance except Councilwoman McCarthy. There was no action taken in Executive Session. Councilman Bettina moved to close the meeting, seconded by Councilman Paoloni and unanimously carried. The meeting adjourned at 8:39 p.m. ohn C. Masterson Town Clerk 19 11 - NEW YORK STATE DEPARTMENT OF STATE -41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended: Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. # 8 of the year 20 05 A local law (Insert Title) entitled "Local Law # 8 of 2005 amending the Town of Wappinger Zoning Law with Respect to Permitting in Al and PI Zones, by Special Permit Catalog_ Showrooms for Retail Sales of Off-site Inventoo." Be it enacted by the TOWN BOARD: of the (Name of LegislativeBody) Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE r (If additional space is needed, attach pages the same size as this sheet, and LOCAL LAW # 8 OF THE YEAR 2005 A Local Law entitled "Local Law #8 of 2005, amending the Town of Wappinger Zoning Law with Respect to Permitting in AI and PI Zones, by Special Permit, Catalog Showrooms for Retail Sales of Off-site Inventory." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law #8_ of 2005, amending the Town of Wappinger Zoning Law with Respect to Permitting in Al and PI Zones, by Special Permit, Catalog Showrooms for Retail Sales of Off-site Inventory." Section 2: Legislative Intent The purpose of the proposed Local Law is to.1amend the Town of Wappinger Zoning.Law in order to create a new Section 240-81.1 with respect to permitting in Al and PI Zones, by Special Permit, Catalog showrooms for retail sales of off-site inventory. The proposed Local Law would introduce a new special permit use and amend Section 240, Schedule of Use Regulations- Nonresidential Districts'' in acknowledgment of evolving retail needs and new technologies. The Proposed Action does not propose construction or development activities for any site within the Town of Wappinger, and will not result in any significant adverse environmental impacts. Section 3: Section 240-81.1 of the Town Code shall be added to read as follows: § 240-81.1. Catalog showrooms for retail sales of off-site inventory. A. There shall be no on-site inventory foi retail sales. B. Temporary warehouse storage for the�i delivery. of ordered items may be permitted as an accessory use, Section 4: The Schedule of Use Regulatis for Nonresidential Districts shall be amended to read as follows: s 2 T Schedule of Use Regulations — Nonresidential Districts Uses HB MU HM NB GB CC SC HO HD COP AI PI PUD Catalog Showrooms for Retail Sales of Off-site Inventory § (240-81.1) SPU SPU Section 8. Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 9: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair Any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to !be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or' part hereof is held inapplicable had been specifically exempt there from. Section 10: Effective Date t This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal HomeRule Law. (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable). 1. (Final adoption by local, legislative bddy only). I hereby certify that the local law ann&ed hereto, designated as local law Not Ing of 2005 of the (x (Town) 1 of (Name of Legislative Body) Wappinger was duly passed by the 3 Town Board ori jui y 5, 2005, in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the (County) (City) (Town) (Village) of was ;duly passed by the (Name of Legislative Body) on 2005, and was (approved) (not disapproval)` b the (Elective Chief Executive approved) (repassed after2005, Officer *) and was deemed duly adopted on in accordance with the applicable provisions of law. 3. (Final adoption by referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the .(County) (City) (Town) (Village) of was duly passed by the (Name of Legislative Body) on 2005, and was (approved) (not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) on 2005. Such local law was submitted to the people by reason of a r(mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on 2005, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum). I hereby certify that the local law ar of 2005 of the was duly pa on approved) (repassed after disappro, Off, cer*) subject to permissive referendum and no filed as of 2005, in accord *Elective Chief Executive Officer means or i elected on a county -wide basis or, if there be body, the mayor of a city or village, or the su with the power to approve or veto local laws c An ;ed hereto, designated as local law No. County) (City) (Town) (Village) of L by the (Name of Legislative Body) 2005, and was (approved) (not by the (Elective Chief Executive 2005. Such. local law was id petition requesting such referendum was with the applicable provisions of law.. udes the chief executive officer of a county ne, the chairperson of the county legislative visor of a town where such officer is vested ordinances. 5. (City local law concerning Charter revision proposed by petition). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 2005, became operative. 6. (County local law concerning adoption of Charter). I hereby certify that the local law annexed hereto, designated as local .law No. of 2005 of the County of State of New York, having been submitted to the electors at the General Election of November 2005, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. If any other authorized form of final adoption has been followed, please provide an appropriate certification). I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 above. Cle of the County l4kislative body, MW, Townya Vdl%ge Clerk 0 officer designated by local legislative body John C. Masterson, 7To ler .(Seal) Date: O5� t' (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YORK COUNTY OF Dumb ss I, the undersigned, hereby certify that the fotegoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. 5 K 0 i Signature Albert P. Roberts, Attorney Title of Wappinger Town Date: J:\DOCS2\500\Wappinger\Zone Amendments\Catalog Showrooms PLL.euk.doc r NEW YORK STATE DEPARTMENT OF STATE Local Law Filing] 41 STATE STREET, ALBANY, NY 12231 ([Tse this form to file a local law with the Secretary of State.) Text of law should be given as amended. - Do not include matter being eliminated and do not use italics or underlining to indicate new matter. of---- NAPProger--------------------------------- -------------------------------------- Tbwn Local Law No. -------------- #9 ---_-------_- of the year 20-Q�-- entitled "Local Law No. of the Year 2005, Amending _-. ________ A local law --------- --------------------------------------- "- ------------------------------------------- (Inscrt Tula) Section 122--16.N(6) (e) [7] of the Town o- --- —ger -Code----- --- ------ Be it enacted by the ------ Town Board----------------------------------------------------------------- of the (Nome of1.XWmrveb0dy) EM of ---------------------------- Wpinger-------- ----------------------------- Town---------- as follows: aLT TEXT COHMENCES ON NEXT PAGE 0 (If additional space is needed, attach rQ­,es the same size as this sheet, and number each.) cl> DOS -239 (Rev. 11/99) 0 4 1 14 LOCAL LAW NO. #9 OF THE YEAR 2005 A Local .Law entitled "Local Law No. #9 of the Year 2005, Amending Section 122-16.N(6)(e)[71 of the Town of WappingPr Cade". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger "Local Law No. #9 of the Year 2005, Amending Section 122-16.N(6)(e)[71 of the Town of Wappinger Code", and by the adoption thereof, shall: 1. amend section 122-16.N(6)(e)[71 of the Town of Wappinger Code by increasing the fee charged therein for C/O and/or municipal violation searches-from..$7:5.0.0-to _$1.00..0.0.. Section H: LeLyislative Intent: The Town Board has received a letter dated May 12, 2005 from the Town Building Inspector requesting that the fee charged by the Town for conducting C/O searches be increased from $75.00 to $100.00 based on the time and effort involved in conducting such searches, and the Town Board has recognized that, .based on the increased. workload in the Town's Zoning and Building Departments, and. based on the time required to adequately conduct searches in such departments for violations, it is necessary to increase the fee charged for such searches from $75.00 to $100.00 P ■ 10 Section III: Amendment to the Code The following provision of the Town of Wappinger Code is hereby amended: 1. §122-16.N(6)(e)[7] is hereby amended to read as follows: [7] C/O and/or municipal violation search: $100.00 Section IV: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, !'.words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local .Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein,. and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section VI: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the paragrs noapplicable.) at filing of this local law and strike out that which 1. (Final adoption by local legislative body on •of 2005._ - . .. I hereby certify that the local law annexed hereto, designated as local law No. ------- X19 --------'was duly passed by the of the Tawn) of ----------- Wappinpe--------------- --------------------- �---- r ------- Town _Board _ _____________________ on 1�-X-5-------- 200-5-1 in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) of 20------ I hereby certify that the local law annexed hereto, designated as local law No. -^------------------ was duly passed by the of the (County)(City)(Town)(Village) of --------------------- ------- 20 -and was (approved)(not approved)(repassed after on------------ , (Name of Legislative Body) and was deemed duly adopted on ------------------ disapproval) by the ----------------------------------------------- ---------------------------------- ___ ____________ (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) of 20------ I hereby certify that the locat'law annexed hereto, designated as local law No. -------------------'was duly passed by the - - -------------------- of the (County)(City)(Town)(Village) of --on-------------------20_=_= � and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the ------------------------------------ on------------------- 20---- • Such local law was submitted ------------ (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote o amajo my of the qualified electors voting thereon at the (general)(special)(annual) election held on ----------------- accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- -----==__- -was duly passed by the ------------ ofthe (County)(City)(Town)(Village) of -------------------------20___ and was (approved)(not approved)(repassed after ----------------------=---- on ------------------ (Name o(Legislarive Body) - _- 20 _-_ Such local law was subject to disapproval) by the -------------------------------------------------- ------ on --------------- (Elective Chief Executive Officer*) 2Q.-__ , In permissive referendum and no valid petition requesting such referendum was filed as of ------------------ accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes he county legislative bodyrthe mayor ofhe chief executive officeof a county city.or village, or ectedon a county- wide basis or, if there be none the chairperson the supervisor of a town where such officer is vested with the power to approve- or veto local laws or -ordinances. (2) 5, (City local law concerning Charter revision proposed by petition.) - ---------------- of 20--.--- _____________ having been submitted to referendum pursuant to the provisions of -- Thereby certify that the local law annexed hereto, designated as local Taw No - ----------""""' - ofthe City of ------------------------------ • 6 7 of the Municipal Horne Rule Law, and having received the affirmative vote of a majority of the sectton (3 )(3 ) qualified electors of such city voting thereon at the (special)(general) election held on-------------------- became operative. 6, (County local law concerning adoption of Charter.) of 20------ tereby certify that the local law annexed hereto, designated as local law No. -�-r- �--'b��n submitted to the electors State of New York, having the County of ------------------------------------------ 5 and 7 of section 33 of the 20____ ,pursuant to subdivisions 6"the General Election of November _------------------- ' . Home, Rule Law, and having received the affirmative vote o e majority of said county considered as a u[I electors of nit it - Municipal ies of said county as a unit and a majority of the qualified electors of t voting at said general election, became operative. riate certification.) (If any other authorized form of final adoption has been followed, please provide an approp in I further certify that I have compared the preceding local law withthe al law, and l on fileas fin this adopted in the the manner is acorrect transcript therefrom and of the whole of such original dicated in paragraph ----I------ above - I C of the County lep�la ive body, City, Town or Village Clerk officer designated by local legislative body John;C. gterson, Town clerk Date: (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or , -)they authorized attorney of locality.) 11 6;TATE OF NEW YORK COUNTY of proper proceedings I the undersigned, hereby certify that the foregoine local law contains the correct text and that all ro er p gs have been had or taken for the enactment of the g1.bert P Roberts — Attorney Title Of :: Wappixtger Town Date: (3) 07/05/2005.PH A Public Hearing was held by the Town Board of the Town of Wappinger on July 5, 2005 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Local Law amending the Section 122-16.N(6)(e) [7] of the Town of Wappinger Code. Supervisor Ruggiero opened the meeting at 7:34 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Paoloni, Councilman Others Present Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town John C. Masterson, Town Clerk Absent: Maureen McCarthy, Councilwoman The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. There were none. Councilman Paoloni moved to close the Public Hearing, seconded by Councilman Bettina and unanimously carried. The Public Hearing closed at 7:36 p.m. ohn C. Ma4ferson Town Clerk 1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING AMENDING SECTION 122-16/N(6)(e) [7] OF THE TOWN OF WAPPINGER CODE STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) AFFIDAVIT OF POSTING JOHN C. MASTERSON, being duly sworn deposed and says: That he is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of.New York. That on June 22, 2005, your deponent posted a copy of the attached notice of Public Hearing Amending Section 122-16.N(6)(e)[7] of the Town of Wappinger Code, on the sign board maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Sworn to before me the Ot� day of , 2005 k NOTARY BLIC JOHN C. MASTERSON Town Clerk Town of Wappinger MARIA bliSIoNotary c, State of New York > Reg, No. OIG15087374Qyalifk Commission Expi estNovs ss n._ SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGG:RS FALLS, NY 12S90 eNWWTdzivyit of Fyulbl3catj-CA ti To WAPP INNERS FALLS, TOWN P.OBOX 324 1. APPlNGERS FALLS, NY 12S90 Re. L69al notice 468763 State of NEW YORK } f ` County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say; that .I am t.i"le BOOKKEEPER of Southern Dut Chess News, a weekly news1 Viper of general circulation published in WAPPINGERS FALLS, County of DUTC,HESS, state of NEW YORK, and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 06/22/05. Sworn to before me this 23rd day of June, 2005 -------------- ALBERT M OS TEN Notary Public, State of NEW YORK No. .1.4--3240760 Qualified .in OUTr HESS County My commission expires on June 15, 200. RECEIVE® JUN 2 8 2005 TOWN CLERK Poughkeepsie 3ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION 0290 State of New York County of Dutchess City of Poughkeepsie RECEIVEC JUL 0 5 2005 TOWN CLERK Rita Lombardi of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year ----24&r in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE,was duly published in the said newspaper one insertion for weeks successively, in each week, commencing on the 22nd• day of 2005 and thereafter, namely on: on the following dates And ending on the day of 2005 , b h days inclusive. Subscribed and sworn to before me this 30 day of My commission expires LESLIE SHERADEN Notary Public, State of New York No 01SH5018755 Qualified in Dutches Co nt Commission Expires 1 11 MIL1j05 i 07/05/2005.PH A Public Hearing was held by the Town Board of the Town of Wappinger on July 5, 2005 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Local Law amending the Town of Wappinger Zoning Law with Respect to Permitting in AI and PI Zones, by Special Permit, Catalog Showrooms for Retail Sales of Off-site Inventory. Supervisor Ruggiero opened the meeting at 7:31 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Paoloni, Councilman Others Present Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town John C. Masterson, Town Clerk Absent: Maureen McCarthy, Councilwoman The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Also a recommendation from the Dutchess County Department of Planning with a recommendation that this is a matter of local concern. Supervisor Ruggiero wished to know if there were any questions or comments from the audience. There were none. Councilman Paoloni moved to close the Public Hearing, seconded by Councilman Valdati and unanimously carried. The Public Hearing closed at 7:33 p.m. ohn C. C Masterson Town Clerk 1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING THE PROPOSED LOCAL LAW AMENDING THE TOWN OF WAPPINGER ZONING LAW WITH RESPECT TO PERMITTING IN, AI AND PI ZONES, BY SPECIAL PERMIT, CATALOG SHOWROOMS FOR RETAIL SALES OF OFF-SITE INVENTORY STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) JOHN C. MASTERSON, being duly sworn deposed and says: That he is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on June 24, 2005, your deponent posted a copy of the attached notice of Public Hearing Amending the Town of Wappinger Zoning Law to permit in Al and PI Zones by Special Permit, Catalog showrooms for retail sales of off-site inventory, on the sign board maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Y'. JOHN C. STERSON Town Clerk Town of Wappinger MARIA 61LBRIOE Notary Pvblic, State of New York Reg. No, 01615087374;. Qualified inDu ,oun Commission Exp, Nov. 3 05/30/2005 13:20 r'AA 640XVIVOlU Dun nrr SOUTHERN DUTCHESS NEWS BEACON FREE PRE55 84 EAST MAIN STREET" WAPPINGERS FALLS, NY 12590 To: Re: Legal notice # State of NEW YORK County of DUTCHESS 3 55: 1, TINA HEATH, being duly sworn, depose and say: that I am the BOOKKEEPER of Southern Dutcheas News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy. was duly published in Southern Dutcheas News once on q�p Sworn to before me this day Of April 2005 ALBERT M OSTEN Notary Public. State of NEQ YORK No. 14-8240760 Qualified in OUTCHESS County My commis$ion expires on June 15, 2007 cation =.061:= oho C.1: M�it�+aon Town 6 1vluvcivvc Poughkeepsie 3ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION RECEIVED 0290 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi JUL 0 5 2005 TOWN CLERK , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year 2005 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for one weeV su °essively, in each week, commencing on the_ June 2005 and thereafter, namely on: day of on the following dates And ending on the day of 2005 , bot days inclusive. Subscribed and sworn to before me this 3� day of2005 NotaryU . ublic( My commission expires LESLIE SHERADEN Notary Public, State of New York No 01SH5018755 QualifiedEx m Dutchess Commission Expires A