The URL can be used to link to this page

2005-04-25 RGMMonday, April 25, 2005 7:30 pm. Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to Flag Special Presentation Ariel Melendez Receipt and Approval of Minutes March 28, 2005 Regular Meeting Suspension of Rules for Public Comment on Agenda Items Correspondence Log 2005CL-241 to 2005CL-259 Public Hearings: Public Hearing on the Establishment of Apprenticeship Program Public Hearing on Removal of Parcel from Tri -Municipal Phase 3A Discussions: • MSIV Stormwater Regulations—Joe Stankavage & Dave Kubeck • 99-2R Water—Mike Tremper & Jay Paggi Resolutions 2005-052 Resolution Authorizing the Execution of Revised First Amendment to Agreement for Water Interconnection 2005-053 Resolution Authorizing the Execution of the Animal Control Housing Agreement Between the Town of Wappinger and DC SPCA 2005-054 Resolution Adopting Local Law Establishing and Apprenticeship Program 2005-055 Resolution Directing Removal of 10 Parcels of Property from Wappinger Sewer Transmission/Treatment Improvement Area 2005-056 Resolution Authorizing Planning & Zoning Board Secretary to Attend Training 2005-057 Resolution Authorizing the Purchase of a Grading Easement to Reconstruct the Curve on Smithtown Road 2005-058 Resolution Accepting Letter of Credit for a Cash Deposit Posted in Connection with the Blackwatch Farms Subdivision 2005-059 Resolution Ordering a Public Hearing to Increase Improvement Facilities of the North Wappinger Water District New Business/Comments Adjournment 04/25/2005.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on April 25, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman, due to an illness in the family SPECIAL PRESENTATION Ariel Melendez received a proclamation which was read by Town Supervisor for her quick actions when she noticed flames coming from a house located on Route 9D. Her quick actions to alert the three residents of the house saved their lives from the burning house. The Hughsonville Fire Chief was also on hand to present a plaque to Ariel. Supervisor Ruggiero received notification this evening from Gloria J. Morse, Town Clerk announcing her plans to retire on May 31,2005. She has been with the Town of Wappinger since 1978 as Court Clerk, then first Marriage Officer in the Town, New York State Court Clerk of the year in 1990, elected first female Judge in the Town, and Town Clerk. He said he was very proud to have worked with Gloria, and that she will be sorely missed. RECEIPT AND APPROVAL OF MINUTES The Minutes of the Town Board Meeting of March 28, 2005, having previously been forwarded to the Board Members were now placed before them for their consideration. Councilman Paoloni moved to accept the minutes, seconded by Councilwoman McCarthy and unanimously carried. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilwoman McCarthy moved to suspend the rules for public comment on Agenda Items, seconded by Councilman Paoloni and unanimously carried. CORRESPONDENCE LOG 2005CL-241 TO 2005CL-259 (See Attached Sheets) PUBLIC HEARINGS: 04/25/2005.RGM • Public Hearing on the Establishment of the Apprenticeship Program • Public Hearing on the Removal of Parcels from Tri -Municipal Phase 3A. DISCUSSIONS: • MSIV Stormwater Regulations — Joe Stankavage & David Kubeck- Mr. Kubeck gave a slide presentation in regard to Stormwater Regulations and Joe Stankavage defined the Town's requirements. • 99-2R Water -Mike Tremper and Jay Paggi-Mike Tremper of CAMO Pollution gave a short report on the areas served by the two well fields. He also reported on the numerous residents on Cider Mill Loop who were experiencing no water, or very dirty water, when the new pipe was installed In order to try to correct the dirty water problem a fire hydrant was installed at the end of the 16 inch line. Filters were installed at all the homes experiencing problems. We are at a point where we are trying to reactivate the Hill Top Well Field, and once we have the source of water coming from there, we can drop down the demand on the Atlas system and then aggressively back flush the 16 inch line. We will not flush the hydrants on Cider Mill Loop or Winesap until we feel comfortable we have a clean source of water from the Atlas and Hilltop Well fields. Discussion followed RESOLUTION NO. 2005-52 RESOLUTION AUTHORIZING EXECUTION OF REVISED FIRST AMENDMENT TO AGREEMENT FOR WATER INTERCONNECTION The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, by Resolution No. 2004-318 adopted on November 22, 2004, the Town Board authorized execution of the First Amendment to Agreement for Water Interconnection between the Village of Fishkill and the Town of Wappinger; and WHEREAS, the First Amendment above referenced limited the expansion of water service to the area identified in Extension No. 1 to the Fleetwood Water District; and WHEREAS, since that time, the Village of Fishkill has indicated that it has no interest in determining which areas within the Town would be served by further extension to the District provided the total consumption of water by the District or any extension thereof does not exceed a maximum quantity of 963,000 cubic feet of water quarter -annually as measured by the Village's water meter; and NA 04/25/2005.RGM WHEREAS, the Town Board contemplates that there may be additional extensions to the District to serve additional areas within the Town although the additional areas have yet to be precisely defined; and WHEREAS, the Village of Fishkill has agreed to amend the Agreement dated March 1, 1998 to allow the Town of Wappinger to determine which areas within the Town may be served by further extensions to the Fleetwood Water District upon terms and conditions more precisely defined in a revised First Amendment to Agreement for Water Interconnection between the Village of Fishkill and the Town of Wappinger as set forth in the revised First Amendment to Agreement attached hereto marked and designated Schedule "1"; and WHEREAS, the Town Board determines that the revised First Amendment to Agreement for Water Interconnection is a Type II action pursuant to 6 NYCRR 617.5(c)(20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). 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 determines that it is in the best interest of the citizens of the Town of Wappinger to enter into the revised First Amendment to Agreement for Water Interconnection between the Village of Fishkill and the Town of Wappinger, in the same form as attached hereto and made a part hereof marked and designated Schedule "1". 3. The Town Board hereby agrees to enter into and be bound by the terms of the First Amendment to Agreement for Water Interconnection, above -referenced, and hereby authorizes Town Supervisor, Joseph Ruggiero, to execute the proposed revised First Amendment to Agreement for Water Interconnection on behalf of the Town and further authorizes Town Supervisor, Joseph Ruggiero, and Attorney to the Town, Albert P. Roberts, to take whatever steps are necessary to implement and finalize the Agreement with the Village of Fishkill. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-053 3 04/25/2005.RGM RESOLUTION AUTHORIZING THE EXECUTION OF THE ANIMAL CONTROL HOUSING AGREEMENT BETWEEN THE TOWN OF WAPPINGER AND THE DUTCHESS COUNTY SPCA The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Dutchess County Society for the Prevention of Cruelty to Animals (hereinafter "SPCA") to provide the Town with rescue, rehabilitation and health care services, as well as the placement of stray dogs in accordance with the proposed Animal Control Housing Agreement between the Town of Wappinger and the Dutchess County SPCA. 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 to enter into the written Animal Control Housing Agreement between the Town of Wappinger and the Dutchess County SPCA which would provide the Town with rescue, rehabilitation and health care services, as well as the placement of stray dogs, in substantially the same form as attached hereto. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to sign on behalf of the Town said Animal Control Housing Agreement between the Town of Wappinger and the Dutchess County SPCA. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-054 A RESOLUTION TO AUTHORIZE THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW #3 OF THE YEAR 2005, APPRENTICESHIP TRAINING PROGRAMS FOR TOWN CONSTRUCTION CONTRACTS" The following Resolution was introduced by Councilwoman McCarthy and seconded by Supervisor Ruggiero. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled " Local Law #3 of the Year 2005, Apprenticeship Training programs for Town Construction Contracts" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, and the Poughkeepsie Journal; and 04/25/2005.RGM WHEREAS, a Public Hearing was held on April 25, 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; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein 2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled " Local Law No. #3 of the Year 2005, Apprenticeship Training Programs for Town Constructions Contracts", 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 and the minutes of this meeting into the Local Law book for the Town of Wappinger and give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-055 RESOLUTION DIRECTING THE REMOVAL OF TEN PARCELS OF PROPERTY FROM THE WAPPINGER SEWER TRANSMISSION/ TREATMENT IMPROVEMENT AREAS — PHASES 1 & 2 AND PHASE 3A The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, the Town of Wappinger previously authorized the creation of the Wappinger Sewer Transmission/ Treatment Improvement Areas - Phases 1 & 2 and Phase 3A; and WHEREAS, the Town Board has determined that ten parcels originally included in the Wappinger Sewer Transmission/ Treatment Improvement 04/25/2005.RGM Areas - Phases 1 & 2 and Phase 3A will be unable to receive sewer services from seven programmed areas; and WHEREAS, there is no statutory mechanism to remove a parcel from an article 12C improvement area once the improvement area has been established; WHEREAS, the Town Board has requested and has obtained special legislation to remove the subject parcels from Wappinger Sewer Transmission/ Treatment Improvement Areas - Phases 1 & 2 and Phase 3A; and WHEREAS, Senate Bill No. 57020 and Assembly Bill No. A11034 were introduced into the New York State legislature for the purposes of authorizing legislation permitting the removal of the subject ten parcels from Wappinger Sewer Transmission/ Treatment Improvement Areas - Phases 1 & 2 and Phase 3A; and WHEREAS, on October 19, 2004 Governor Pataki signed into a 57020 and A11034 (Chapter 614 in Laws, 2004) which authorizes the Town of Wappinger to remove the subject ten parcels of land and Wappinger Sewer Transmission/ Treatment Improvement Areas — Phases 1 & 2 and Phase 3A, effective as of January 1, 2002 permitting refunds for the effected property owners for any benefit assessment paid after January 1, 2002; and WHEREAS, the parcels to be removed are identified in Schedule 1 attached hereto; WHEREAS, it has been reported by the attorney to the Town that several of the parcels have been sold and resold since January 1, 2002; and WHEREAS, the Town Board has previously determined that the removal of the subject parcels is a Type II action pursuant 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to New York State Environmental Quality Review Act (SEQRA); and WHEREAS, the Notice of Public Hearing was duly published in the Southern Dutchess News and the Poughkeepsie Journal on April 6, 2005 and April 6, 2005, respectively; and WHEREAS, Notices of the Public Hearing were forwarded to each of the owners of the parcels identified in Schedule "1" as well as to any party who has had an ownership interest in the subject parcels since January 1, 2002, said Notices being sent to the addresses contained in the files at the Town Assessor's office; and WHEREAS, the Town Board duly conducted a Public Hearing on the proposed removal of the ten parcels on April 25, 2005; and WHEREAS, all persons desiring to be heard were duly heard; and 6 04/25/2005.RGM WHEREAS, the Town Board has duly considered whether or not to remove the ten parcels from the Wappinger Sewer Transmission/ Treatment Improvement Areas — Phases 1 & 2 and Phase 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. Upon the information given at the aforesaid Public Hearing, it is hereby found and determined as follows: a. the Notice of Public Hearing was duly published and posted as required by law and is otherwise sufficient; b. the various parcels identified in Schedule "1" will be unable to receive sewer service from or through Wappinger Sewer Transmission/ Treatment Improvement Areas — Phase 1 & 2 and 3A; C. all the properties and property owners identified in Schedule "1" will not be benefited by being included the Wappinger Sewer Transmission/ Treatment Improvement Areas — Phase 1 & 2 and 3A; d. the removal of the ten parcels identified in Schedule "1" is in the best interest of the Town and the public; e. the Town Supervisor, the Town Comptroller and the Attorney to the Town are directed to determine the amount of any benefit assessments paid by or on behalf of the parcels identified in Schedule "1" and are directed to refund said benefit assessments to the property owners, prorated and adjusted in accordance with each owners' period of ownership of each parcel since January 1, 2002; f. the Town Clerk shall, within ten days after the adoption of the Resolution, publish in the official newspaper and post on the official sign board of the Town, a Notice which shall set forth the date of adoption of this Resolution and the full text hereof, and shall further record a copy of this Resolution in the Office of the Dutchess County Clerk. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Voting Aye Voting Aye Voting Absent Voting Aye Voting Aye The Resolution is hereby duly declared adopted. 7 04/25/2005.RGM SCHEDULE "1" Tax Grid No.: 6257-04-983499 Property Address: 339 All Angels Hill Road Current Owner: VJM Properties Corp., 15 Orchard Court, Brewster, NY 10509 Prior Owner 1: Ilyas Shareef, 36 Mina Drive, Wappingers Falls, NY 12590 Shabana Moeed: 407 Foxborough Trail, Bolingbrook, IL 60440 Prior Owner 2: JDRN Realty, Inc., 2789 West Main Street, Wappingers Falls, NY 12590 Tax Grid No.: 6257-04-984486 Property Address: 341 All Angels Hill Road Current Owner: Ilyas Shareef and Aisha Shareef, 36 Mina Drive, Wappingers Falls, NY 12590 Prior Owner 1: Ilyas Shareef, 36 Mina Drive, Wappingers Falls, NY 12590 Shabana Moeed: 407 Foxborough Trail, Bolingbrook, IL 60440 Prior Owner 2: JDRN Realty, Inc., 2789 West Main Street, Wappingers Falls, NY 12590 Tax Grid No.: 6257-04-984472 Property Address: 347 All Angels Hill Road Current Owner: David Day and Christina Day, 347 All Angels Hill Road, Wappingers Falls, NY 12590 Prior Owner 1: JDRN Realty, Inc., 2789 West Main Street, Wappingers Falls, New York 12590 Tax Grid No.: 6257-04-984458 Property Address: All Angels Hill Road Current Owner: Cammary Builders, Inc., 53 Verplanck Avenue, Hopewell Junction, New York 12533 Prior Owner 1: LS Building Group, LLC, 10 Kenneth Drive, Putnam Valley, New York 10579 Prior Owner 2: JDRN Realty, Inc., 2789 West Main Street, Wappingers Falls, NY 12590 Tax Grid No.: 6257-04-983444 Property Address: 355 All Angels Hill Road Current Owner: Suzette Profanato, 355 All Angels Road, Wappingers Falls, NY 12590 Prior Owner: James Profanato and Suzette Profanato, 355 All Angels Road, Wappingers Falls, NY 12590 Tax Grid No.: 6257-04-998401 Property Address: 361 All Angels Hill Road Current Owner: Christopher D. and Maria T. Rigby, 361 All Angels Hill Road, Wappingers Falls, NY 12590 Prior Owner 1: Mark R. Maxam, 42 Middlebush Rd, Wappingers Falls, NY 12590 Sara Murdoch f -,/a Sara Murdoch Maxam, 890 Boston Post Road, Rye, New York 10580 Prior Owner 2: William T. Parsons and Helen S. Parsons 224 Myers Corners Road, Wappingers Falls, NY 12590 '3 I. 04/25/2005.RGM Prior Owner 3: Meadowood Development Corp., 1131 Route 55, P.O. Box 37, LaGrangeville, NY 12540 Tax Grid No.: 6257-04-980415 Property Address: 359 All Angels Hill Road Current Owner: O Sung Kwon and Hyo Jung, 359 All Angels Road, Wappingers Falls, NY 12590 Prior Owner 1: Chan Lim, 359 All Angels Hill Road, Wappingers Falls, NY 12590 Prior Owner 2: MNB Realty Development Corp., 56 Forest Glen Road, Valley Cottage, New York 10989 Prior Owner 3: Ljulija Berishaj, 56 Forest Glen Road, Valley Cottage, New York 10989 Prior Owner 4: William T. Parsons and Helen S. Parsons, 224 Myers Corners Road, Wappingers Falls, NY 12590 Tax Grid No.: 6257-04-984429 Property Address: All Angels Hill Road Current Owner: Katrina Djonovic (prior address: 56 Forest Glen Road, Valley Cottage, NY) Prior Owner 1: William T. Parsons and Helen S. Parsons, 224 Myers Corners Road, Wappingers Falls, NY 12590 Tax Grid No.: 6357-03-040454 Property Address: 469 Old Hopewell Road Current Owner: Meadowood Investors, LLC, c/o Myers & Rieger Homes, P.O. Box 310, LaGrangeville, NY 12540 Prior Owner: Meadowood Development Corp., 1131 Route 55, P.O. Box 37, LaGrangeville, NY 12540 Tax Grid No.: 6257-04-863284 (portion of this grid no.) Property Address: All Angels Hill Road Current Owner: O'Donnell Group, LLC, 218 Van Wyck Lake Road, Fishkill, NY, 12524 Prior Owner 1: Meadowood Investors, LLC, c/o Myers & Rieger Homes, P.O. Box 310, LaGrangeville, NY 12540 Prior Owner2: Meadowood Development Corp., 1131 Route 55, P.O. Box 37, LaGrangeville, NY 12540 RESOLUTION NO. 2005-056 RESOLUTION AUTHORIZING PALANNING AND ZONING BOARD SECRETARY TO ATTEND AN EXCEL BASICS CLASS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town Board wished to authorize Barbara Roberti, Planning and Zoning Board Secretary, to attend a computer class on the basics of Excel on June 2, 2005 at the Grand Hotel in Poughkeepsie, New York. NOW, THEREFORE, BE IT RESOLVED, that Barbara Roberti, Planning and Zoning Board secretary, is hereby authorized to attend computer class on the basics of Excel on June 2, 2005, at the Grand Hotel in Poughkeepsie, New York, at a cost not to exceed Seventy -Nine and 00/100 ($79.00). The foregoing was put to a vote which resulted as follows: 0 04/25/2005.RGM Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-057 RESOLUTION AUTHORIZING THE PURCHASE OF A GRADING EASEMENT TO RECONSTRUCT A CURVE ON SMITHTOWN ROAD The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Superintendent of Highways to the Town of Wappinger, Graham Foster, has recommended that the roadway curve located on Smithtown Road near the premises known as 180 Smithtown Road be improved and straightened; and WHEREAS, the straightening of the curve necessitates the purchase of a proposed Grading Easement pertaining to a portion of land located at 180 Smithtown Road owned by Roger DeVries and Kimberly A. Sterople which is more particularly described in a certain Deed dated August 3, 1994 from Frank A. Lehmann to Roger DeVries and Kimberly A. Sterople recorded on October 5, 1998 in the Dutchess County Clerk's Office at Liber 1952 of Deeds 166 further described in Deed dated January 18, 2002 at page and a certain from County of Dutchess to Roger DeVries and Kimberly A. Sterople recorded on January 29, 2002 in the Dutchess County Clerk's Office at Document No. 02 2002 940; and WHEREAS, Albert P. Roberts, Attorney for the Town, has negotiated the purchase of the necessary Grading Easement, which is attached hereto as Schedule "1", from the aforesaid property owners to improve, straighten and reconstruct the curve on Smithtown Road for the sum of Five Hundred Dollars ($500.00). NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that it is in the best interests of the residents of the Town of Wappinger to purchase for the sum of Five Hundred Dollars ($500.00) the necessary Grading Easement to effectuate the improvement and/or straightening of the road near the premises known as 180 Smithtown Road. 3. The Town Board hereby authorizes Albert P. Roberts, Attorney for the Town, to take whatever steps are necessary to effectuate the Town's 10 04/25/2005.RGM purchase of the aforementioned Grading Easement for Five Hundred Dollars ($500.00) from the property owners, Roger DeVries and Kimberly A. Sterople, including the coordination and management of the preparation, execution and recording of the Grading Easement as well as any and all related activities in furtherance of securing the acquisition of grading easement rights from the aforementioned owners. 4. Supervisor to the Town, Joseph Ruggiero, is hereby authorized and directed to take whatever steps are necessary to effectuate the purchase of the aforementioned Grading Easement, including the authority to execute a voucher in a sum not to exceed Five Hundred Dollars ($500.00) for fee disbursement to the aforementioned property owners as well as any additional sums that may be required to record said grading easement with the Dutchess County Clerk's Office. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-058 RESOLUTION ACCEPTING LETTER OF CREDIT BY A CASH DEPOSIT POSTED IN CONNECTION WITH THE BLACKWATCH FARM SUBDIVISION The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, Blackwatch Development Corp. has made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a Subdivision Plat entitled `Blackwatch Farm" prepared by Oswald & Gillespie, P.C. dated June 1, 1999, and subsequently revised from time to time; and WHEREAS, title to the property is in the name of Robert V. Oswald, Jr.; and WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Subdivision Approval, by Resolution dated May 3, 2004 subject to and conditioned upon completion of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Map and related Contract drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town, and further subject to the requirements set 11 04/25/2005.RGM forth in the letter of Paggi, Martin & Del Bene, LLP, Engineer to the Town, dated March 31, 2004 together with the Schedule of Bond Values; and WHEREAS, Town Law §277 requires a developer of a proposed subdivision to guarantee the construction, installation, and dedication of the improvements required by the Resolution of Subdivision Approval, prior to issuance of any building permits; and WHEREAS, to secure the obligation to guarantee the construction, installation and dedication of the required public improvements and obligations, Robert V. Oswald, Jr. has executed a Performance Agreement on April 12, 2005 Secured by a Cash Deposit in the total sum of $705,685 made by bank checks made payable to the Town of Wappinger as security for the obligations set forth in the Performance Agreement and which checks have been delivered to the Town of Wappinger Comptroller; and WHEREAS, Robert V. Oswald, Jr. hereby agrees to make, construct and complete the improvements and agrees to perform all of the obligations set forth in the Subdivision Regulations, Highway Specifications, and Zoning Law of the Town of Wappinger, including road maintenance and snow removal in accordance with the standards maintained by the Town of Wappinger Highway Department and at the direction of the Town of Wappinger Highway Superintendent, in accordance with the Resolution of Subdivision Approval dated May 3, 2004, and the letter of Paggi, Martin & Del Bene, P.C., the Engineer of the Town, dated March 31, 2004, and further in accordance with the local laws, ordinances, rules and regulations of the Town of Wappinger within two (2) years from the date hereof; and WHEREAS, upon construction and completion of the required improvements and obligations set forth above and upon request of the Town, the undersigned will dedicate same to the Town of Wappinger, free and clear of any liens or obligations as set forth in the local laws, ordinances, rules and regulations of the Town of Wappinger; and WHEREAS, Robert V. Oswald, Jr. has agreed to secure the obligations as set forth herein by executing a Performance Agreement Secured by a Cash Deposit in the sum of $705,685 in favor of the Town of Wappinger; and WHEREAS, the Performance Agreement executed by Robert V. Oswald, Jr. further binds his heirs, executors, administrators, successors or assigns for the faithful performance of his obligations hereunder; and WHEREAS, Robert V. Oswald, Jr. by execution of the Performance Agreement acknowledges that if any default remains in the performance of the obligations created under the terms and conditions of the Performance 12 04/25/2005.RGM Agreement, the lots within the Subdivision will no longer be eligible for Building Permits until such default is cured. 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 determines that it is in the best interest of the residents of the Town of Wappinger to accept the Performance Agreement Secured by a Cash Deposit of $705,685 securing the obligations of Robert V. Oswald, Jr. to guarantee the construction, installation and dedication of the required public improvements with respect to Blackwatch Farm Subdivision. 3. The Town Board hereby accepts the Performance Agreement Secured by a Cash Deposit of $705,685 by checks made payable to the Town of Wappinger executed by Robert V. Oswald, Jr. on the 12th day of April, 2005 and further directs Supervisor Joseph Ruggiero and Town Comptroller Gerald Terwilliger to deposit the bank or certified checks made payable to the Town of Wappinger in the sum of $705,685 as security for the faithful performance of the obligations secured by and set forth in the Performance Agreement. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-059 RESOLUTION ORDERING PUBLIC HEARING TO INCREASE IMPROVEMENT FACILITIES OF THE NORTH WAPPINGER WATER DISTRICT The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Town Board of the town of Wappinger, Dutchess County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the North Wappinger Water District of the Town of Wappinger, Dutchess County, New York, to serve three lots along New Hackensack Road, and which are expected to include 13 04/25/2005.RGM the wet tapping of the existing main on the north side of New Hackensack Road in the vicinity of Cindy Lane, the installation of 450+ L.F. of 8" diameter iron pipe through Dutchess County Department of Public Works right-of-way along the north side of New Hackensack Road, installation of a dead end valve and blow off hydrant; installation of an individual water service connection for the single lot on the north side of New Hackensack Road, including tap, formation valve and fittings, copper water service piping to curb valve, additional copper water service piping from curb valve to inside meter, installation of two directional drills crossing southerly under New Hackensack Road, installation of two complete water service connections for two lots on the south side of New Hackensack Road; required restoration work (including pavement, lawn, etc.), and the abandonment of the existing common water service off Cindy Lane, together with incidental improvements and expenses in connection therewith, at a maximum estimated cost of $200,000; and WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects• and WHEREAS, it is now desired to call a public hearing on the question of authorizing such increase and improvement of facilities at such maximum estimated cost; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public hearing will be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 23rd day of May, 2005, at 7:30 o'clock P.M., Prevailing Time, on the question of increasing and improving the facilities of the North Wappinger Water District in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper of said Town designated for this purpose, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. 14 04/25/2005.RGM Section 3. The notice of public hearing shall be in substantially the following form: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York will meet at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 23rd day of May, 2005 at 7:30 P.M., Prevailing Time, for the purpose of conducting a public hearing on the specific object or purpose of paying the cost of the increase and improvement of the facilities of the North Wappinger Water District within said Town, to serve three lots along New Hackensack Road, and which are expected to include the wet tapping of the existing main on the north side of New Hackensack Road in the vicinity of Cindy Lane, the installation of 450± L.F. of 8" diameter ductile iron pipe through Dutchess County Department of Public Works right-of-way along the north side of New Hackensack Road, installation of a dead end valve and blow off hydrant; installation of an individual water service connection for the single lot on the north side of New Hackensack Road, including tap, corporation valve and fittings, copper water service piping to curb valve, additional copper water service piping from curb valve to inside meter, installation of two directional drills crossing southerly under New Hackensack road, installation of two complete water service connections for two lots on the south side of New Hackensack Road; required restoration work (including pavement, lawn, etc.), and the abandonment of the existing common water service off Cindy Lane, together with incidental improvements and expenses in connection therewith. The maximum estimated cost of the aforesaid increase and improvement of the facilities of the North Wappinger Water District is $200,000; and The aforesaid project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Section 4. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to vote on roll call which resulted as follows. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman 15 Voting Aye Voting Aye Voting Absent 04/25/2005.RGM Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. UNANIMOUS CONSENT Councilman Paoloni moved to place Resolution 060 and 061 on tonight's Agenda, seconded by Councilwoman McCarthy and unanimously carried. RESOLUTION NO. 2005- 061 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilwoman McCarthy seconded by Councilman Paoloni. BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. At this time, 8:35 p.m., Councilman Valdati moved to go into Executive Session to confer with Counsel before voting on Resolution 060, seconded by Councilwoman McCarthy, and unanimously carried. The meeting reconvened t 8:55 p.m. with all Board Members in attendance except Councilman Bettina.. The following action was taken in Executive Session RESOLUTION NO. 2005-060 RESOLUTION AUTHORIZING LITIGATION AGAINST INNER CITY TIRE, a/k/a INTERCITY TIRE and MORRIS ERBESH The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the business entity know as INNER CITY TIRE INC., a/k/a INTERCITY TIRE, located at 1243 Route 9, in the town of Wappinger, New York, has engaged and continues to engage in practices found to be illegal by the Zoning Administrator under the applicable Town of Wappinger Code and the Property Maintenance Code of the State of New York; and WHEREAS, these practices detrimentally affect the health, safety and welfare of the citizens of the Town of Wappinger; and 16 04/25/2005.RGM WHEREAS, past efforts to have INNER CITY TIRE, INC., a/k/a INTERCITY TIRE, cease and desist from such practices have not been successful, and equitable relief from a Superior Court is needed in order to obtain such relief; 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. Town Supervisor, Joseph Ruggiero, Special Counsel to the Town, Marco Caviglia, Esq., and Zoning Administrator Tatiana Lukianoff, are hereby authorized to take all legal action necessary to commence litigation proceedings against INNER CITY TIRE and parties necessary for the cessation of the illegal practices being conduced at INNER CITY TIRE. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. There was no other business to come before the Board. Councilman Paoloni moved to close the meeting, seconded by Councilman Valdati and unanimously carried. The meeting adjourned at 9:00 p.m. 17 Gloria J. orse Town Clerk Town Board Correspondence Log Document # To From Date Received Re Agenda 2004CL - 0241 Town Clerk, Gloria Mors Sam R.1 Bei, President of 4/11/05 4/13/05 Renewal of Alcoholic Beverage License 4/25/2005 2004CL - 0242 Town Supervisor Joseph Carl S. Wolfson, Town Ju 4/12/05 4/13/05 Court Cases Report for the month of March 2005 4/25/2005 2004CL - 0243 Town Board, and Town S Marco Caviglia, Esq. 2/25/05 2/25/05 Cases for the month of February 2005 4/25/2005 2004CL - 0244 Joseph Ruggiero, Town S Vincent Smith, State of N 2/18/05 2/22/05 2004 Maintenance Aide Certification 4/25/2005 2004CL - 0245 Joseph Ruggiero, Town S Peter H. McMillian, 53 St 2/17/05 2/22/05 In regards to Recreation Advisory Board 4/25/2005 2004CL - 0246 Barbara Roberti, Planning Knights of Columbus 1/15/05 2/14/05 Food Pantry thank you letter 4/25/2005 2004CL - 0247 Mr. Peter Colucci Tatiana Lukianoff, Zonin 2/16/05 2/22/05 1471 Route 376 4/25/2005 2004CL - 0248 Town Supervisor Joseph Zoning and Planning Boa 2/14/05 2/25/05 Monthly Report for January 2005 4/25/2005 2004CL - 0249 Gloria Morse, Town Cler Tatiana Lukianoff, Zonin 1/1/05 2/14/05 Performance Bonds 4/25/2005 2004CL - 0250 Town Board, and Town S George Kolb, Town of W 4/4/05 4/06/05 Building Inspectors Report for the Month of March 4/25/2005 2004CL - 0251 Town Supervisor, Joseph Planning and Zoning Boa 3/7/05 3/24/05 Planning and Zoning Board Monthly Report 4/25/2005 2004CL - 0252 Gloria Morse, Town Cler Andrew Romano, Attome 3/15/05 3/24/05 Liquor License Application 4/25/2005 2004CL - 0253 Joseph Ruggiero, Town S Richard C. Schisler, and 3/21/05 3/24/05 Town and Village Magistrate Training Program 4/25/2005 2004CL - 0254 Joseph Ruggiero, Town S Joseph Kovalsky, Emerge 3/07/05 3/24/05 Weekly Report from 3/07/05-3/13/05 4/25/2005 2004CL - 0255 Town Clerk, Gloria Mors Sally J. Cross, Director of 3/20/05 3.23.05 Permit to sell raffle tickets 4/25/2005 2004CL - 0256 Town and Village Clerks Sally J. Cross 3/23/05 3/29/05 Letter of Additional Information Regarding Raffle 4/25/2005 2004CL - 0257 Town Supervisor, Joseph Carl S. Wolfson, Town Ju 3/24/05 3/29/05 Monthly Report of cases for the month of February 4/25/2005 Page 1 of 2 Thursday, April 21, 2005 Document # To From Date Received Re Agenda 2004CL - 0258 Town Board, and Town S Diane C. Birney, District 3/29/05 3/31/05 Fire Prevention Bureau 4/25/2005 2004CL - 0259 Town Clerk, Gloria Mors Susan Penney, District Cl 4/7/05 4/13/05 Annual Wappingers Central School Dist. Election 4/25/2005 Thursday, April 21, 2005 L�-- Page 2 of 2 Local Law Filing NEW YORK STATE DEPARTMENT OF STATE I 41 STATE STREET, ALBANY, NY 12231 i (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. COMPY aw of --- Wappinger---------- ----------------- Town-------------------------------------------- Local Law No. -------- #3 ------------------------ of the year MO.— A local law _entitled _"Local_ Law- No.- #3 of the _YEar-_2005,_ Apprenticeship_ Training (Innen Tide) Programs__for Town _Construction_ Contracts"---------------------------------------- -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- Be It enacted by the ----------- om_po-4r,d------------------------------------------------------------- of the (Name ojLcgiA.&e Body) ty Town of---wap-e piar----------------------------------------------------------------------- as follows: TEXT COHMENCES ON NEXT PAGE 0 (If additional space Is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) (1) 0 LOCAL LAW NO. iia OF THE YEAR 2005 A Local Law entitled "Local Law No. #3 of the Year 2005, Apprenticeship Training Programs for Town Construction Contracts". 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. #3 of the Year 2005 entitled "Local Law No. #3 of the Year 2005, Apprenticeship Training Programs for Town Construction Contracts" and by the adoption hereof shall create and add Chapter 103 to the Code of the Town of Wappinger. Section H: The Town hereby adopts a new Chapter 103 to the Code of the Town of Wappinger to read as follows: "CHAPTER 103 APPRENTICESHIP TRAINING PROGRAMS FOR TOWN CONSTRUCTION CONTRACTS §103-1. Title. This Chapter shall be entitled "Apprenticeship Training Programs for Town Construction Contracts." §103-2. Legislative Intent and Purpose. The legislative intent and purpose of this Local Law is to adopt a policy to promote apprenticeship training as authorized by §816-b of the New York State Labor Law by requiring that all contractors and/or subcontractors to a construction contract in which the Town of Wappinger is a direct or indirect party shall be required to have apprenticeship training programs that have been registered with and approved by the New York State Commissioner of Labor prior to entering into such construction contract with the Town of Wappinger. Contracts awarded for less than Twenty Thousand Dollars ($20,000) shall exempt a contractor or a subcontractor from the provisions of this Chapter. CADocuments and Settings\GinaMAPPINGEMLocal Settings\Temporary Internet Files\01-K1A\Local Law.doc §103-3. Apprenticeship Agreements Required. A. The Town of Wappinger hereby requires any contractor prior to entering in a construction contract with the Town of Wappinger, or any subcontractor entering into a contract with a contractor who has a construction contract with the Town of Wappinger, to have apprenticeship agreements appropriate for the type and scope of work to be performed and which have been registered with, and approved by, the New York State Commissioner of Labor in accordance with Article 23 of the New York State Labor Law, notwithstanding anything to the contrary contained in Section 103 of the New York General Municipal Law or the Procurement Policy of the Town of Wappinger pursuant to Chapter 46 of the Code of the Town of Wappinger. B. Construction contracts as defined herein awarded for less than Twenty Thousand Dollars ($20,000) shall be exempt from the provisions of this Chapter. §103-4. Definitions. A. "Construction Contract' shall mean any contract awarded by the Town of Wappinger for Twenty Thousand Dollars ($20,000) or more to which the Town of Wappinger may be a direct or indirect party which involves the construction, reconstruction, improvement, rehabilitation, maintenance, repair, furnishing, equipping of or otherwise providing for any building, facility or physical structure of any kind. B. "Contractor" or "Subcontractor" subject to the provisions of this Chapter shall mean a contractor or subcontractor which directly employs labor under a construction contract for which an apprentice. program has been approved by the New York State Commissioner of Law in accordance with Article 23 of the New York Labor Law." Section III: Applicability. This Local Law shall apply to construction contracts advertised for bid on and after the effective date as hereinafter provided. O:\Wappinger\Town Board\LOCAL LAW\IBEW\Local Law.doc A 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 V: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. 0AWappinger\Town Board\LOCAL LAMBEMLocal Law.doc (Complete the certification In the paragraph that applies to the fling of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ----- tU--------------------------- of 20__05 of the &1 `)(Town)( of----Mappluger---------------------------------------------- was duly passed by the Town board"'---------------------------- on A1ir!1-.25 e--- 20 -05 in accordance with the applicable provisions of law. (Name of Legislative Body) f; 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 20------' of the (County)(City)(Town)(Village) of ------------------------------------------- ------ was duly passed by the ----------------------------------------------- on ------------------ 20 --- , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20----, (Elective Chief Executive Officer*) 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 20 ------ of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the --------------------------------------------------- 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 of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on ------------------ 24--- , 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 annexed hereto, designated as local law No. ----------------------------------- -of 20 ------ of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 2Q--- , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or 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.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ 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------------------- 20----, 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 20------ i' of the County of ---------------------------------------------------- State of New York, having been submitted to the electors at the General Election of November ----------------- ----- 20----, 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 cit- ies 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 in- dicated in paragraph -----1-----, above. (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) TATE OF NEW YORK 60"�uNTYOF Dutchess I, the undersigned, hereby certify that the foregoing 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. Albert P. Roberts — Attorney Title of wapiti nger Town Date: (3) 04/25/2005.PH A Public Hearing was held by the Town Board of the Town of Wappinger on April 25, 2005 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the Removal of Parcels from the Wappinger Sewer Transmission/Treatment Improvement Areas Phases 1&2 Phase 3A Supervisor Ruggiero opened the meeting at 7:49 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman The Town Clerk offered for the record, the Affidavit of Posting and Publication, mailing, and certification of addresses duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero asked if there were any question or comments from the public. Jay Paggi, Engineer to the Town reported that in the early part of 1997 two things were happening in the town. One was a discussion for a subdivision application at All Angels Hill Road and Old Hopewell Road called the Meadowood Subdivision. The application was submitted by Steven Domber for 79 lots. At the same time the Town Board was deliberating in the early stages for the formation of the sewer improvement area know as Phase 3A. Mr. Domber petitioned the Town Board to become part of 3A and it was granted by the Board. The subdivision was going through its review process with the Planning Board which lasted 4-5 years. In that review process it came out that there were two distinct soil types on this property. With that in mind the developer amended his application to the Planning Board to create two subdivisions. The section along All Angels Hill Road would be larger lots with septic systems because of the underlying soil being gravel. Old Hopewell Road would be smaller parcels for central sewers. In the re- design of the subdivision the total number of lots went down from 79 to 40. This created several benefits. It was less impact on the land and roads. The other benefit was the 15 parcels fronting All Angels Hill Road would take advantage of the existing underlying soil allowing the sewage to recharge 1 04125/2005.PH the ground water and the upper lots that were being developed off Old Hopewell Road would have central sewers not creating problems for septics in those lots further down the road. Because of the redesign of the subdivision, after the Town Board had authorized the sewer improvement, there was a necessity to remove those parcels that would no longer receive service. Al Roberts, Attorney to the Town explained that according to New York State Law there are two ways of providing public improvements for water and sewer, one is by a district which we did not opt for and the other is an improvement area. We had to obtain special legislation from Albany which authorized us to remove these specific parcels. There is a total of 10 parcels to be removed. Refunds would be given to the people during the period of time they owned the property. The comptroller has prepared Vouchers to be submitted to the property owners. Councilman Paoloni wished to know how does this differ from any other neighborhood that is in the sewer improvement area. How does he explain this to residents in his ward. Mr. Paggi responded that in the areas Mr. Paoloni is talking about, the soil is poor and the ground is not suitable. There were no further comments or questions. Councilman Valdati moved to close the Public Hearing, seconded by Councilwoman McCarthy and unanimously carried. Gloria J. rse Town Clerk X AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, depose and say: That on the 6th day of April, 2005, I caused to be posted on the official signboard maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, an order, certified by me, duly adopted by said Town Board on the 28th day of March, 2005, a true and correct copy of which is attached hereto and made a part hereof. Town Clerk Subscribed and swo o be re me This ��day of , 2005 l otary Public MARIA GILRRIDE Notary Pvblir., State of New York Reg, No. OIG15087374 Qualified in Dutchass Coun Commission Expires Nov. 3, NOTICE OF ADOPTION OF ORDER CALLING PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, New York, at a meeting held on March 28, 2005, duly adopted the following Or- der Calling Public Hearing herewith. Dated: Wappingers Falls, Newyork March 28, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria J. Morse, Town Clerk RESOLUTION NO. 2005-29 At a regular meeting of the Town Board of the Town of Wappinger, Dut- chess County, New York, held at Town Hall, 20 Mid- dlebush Road, Wapping- ers Falls, New York, on the 28th day of March, 2005, at 7:30 P.M. PRESENT: Joseph Ruggiero, visor h'P. Paoloni, Li'Man L. Valdati, lman Vincent F. Bettina, Councilman Maureen McCarthy, Councilwoman In the Matter of Removing Parcels from the Wapping- er Sewer Transmission - /Treatment Improvement Area - Phases 1 & 2 and Phase 3A ORDER CALLING PUBLIC HEARING WHEREAS, the Town of Wappinger previously cre- ated the Wappinger Sew- er Transmission/Trea- tment Area - Phases 1 & 2 and Phase 3A; and WHEREAS, the Town Board has determined that ten parcels originally in- cluded in the Wappinger Sewer Transmissionfrrea- tment Improvement Areas j Phases 1 & 2 and Phase 3A will be unable to re- ceive sewer services from said . Improvement Area; and 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. The Town Board hereby determines that the pro- posed removal of parcels from the Wappinger Sew- er Transmissionfrrea- tment Improvement Area Phases 1 & 2 and Phase 3A is 'a Type II action as defined in 6 NYCRR 617.51c)(20) and, accor- dingly, the Town Board hereby expressly deter- mines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Qual- ity Review Act (SEORA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Part 617. ' 3. The Town Board hereby schedules a meeting of the Town Board to be held at Town Hall, 20 Middle - bush Road, Wappingers Falls, New York in said Town, on the 25th day of April, 2005 at 7:30 o'clock p.m. prevailing time, for the purposes of holding a public hearing on the pro- posed removal of ten par- cels of property from the Wappinger Sewer Trans- mission/Treatment Im- provement Area - Phases 1 & 2 and Phase 3A, and to hear all persons inter- ested in the subject matter thereof and for such other action on the part of said Town Board as may be re- quired by law or shall be proper in the premises. The ten parcels to be re- moved are described on the Town of Wappinger tax rolls as follows: 6257-04-983499; 6257-04.984486;' 6257-04-984472; 6257-04-984458; 6257-04-983444; 6257-04-998401; 6257-04-980415; 6257.04-984429; 6357-03-040454; and a portion of parcel 6257-04-863284; and more particularly de- scribed as follows: BEGINNING at a point on the westerly side of Coun- ty Route 94 (aka All An- gels Hill Road), said point being the northeasterly corner of the herein de- scribed parcel and the southeasterly corner of the lands now or formerly James E. Heady and Ei- leen P. Heady as de- scribed in Liber 985 of Deeds at Page 126, thence along the westerly side of County Route 94 S11 de- grees 40'00"E 94.74 feet, S08 degrees 20'00"E 125.70 feet S09 degrees 35'00"E 300.47 feet, S08 degrees 17'52"E 114.43' feet, S08 degrees 19'46"E 141.72 feet and S08 de- grees 02'27"E 166.53 feet to southeasterly corner of the herein described par- cel and the northeasterly corner of the lands now or Poughkeepsie Journal aforesaid, and the Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursu- ant to subdivision 6 of Section 30 of the Town Law, and to send, by first class mail, a copy thereof to each owner of the par- cels identified above, each, not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid. The Town Clerk is further di- rected to send a copy of this Order Calling Public Hearing to any owners of the above mentioned par- cels that have been in title from January 1, 2002 to present. The Town Clerk shall send copies of the Order Calling Public Hear- ing to the above -refer- ences parties at the ad- dresses on file in the Town Assessor's office. 5. The Town Board further determines with respect to any of those parcels that have been sold since January 1, 2002 that re- funds of any benefit as- sessments levied by or on behalf of the Wappinger Sewer Transmission/Trea- tment Improvement Area - Phases 1 & 2 and Phase 3A on or after January 1, 2002 shall be refunded to the property owners that paid same, and said re- fund shall be pro -rated and adjusted among and between the various own- ers of those parcels based on their respective period of ownership since Janu- ary 1, 2002. 6. This Order shall take ef- fect immediately. The question of adoption of the foregoing Order was duly put to a vote on roll, which resulted as fol- lows: JOSEPH RUGGIERO, Supervisor Voting Aye ' ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Ayye JOSEPH P. PAOLONI, Councilman Voting Aye MAUREEN MCCARTHY, Councilwoman Voting Aye Dated: Wappingers Falls, New York March 28, 2005 The Order was thereupon declared duly adopted. GLORIA J. MORSE, TOWN CLERK SCHEDULE "I" Tax Grid No: 6257-04- 983499 Property Address: 339 All Angels Hill Road Current Owner: VJM Prop- erties Corp., 15 Orchard Court, Brewster, NY 10509 Prior Owner' 1: Ilyas Shareef, 36 Mina Drive, Wappingers Falls, NY 12590; Shabana Moeed, 407 Foxborough Trail, Bolingbrook, II 60440 Prior OwnerReal- ty, Inc., 2789 est Main Street, Wappingers Falls, janUmm)-sle, N.Y. by, 361 All Angels Hill Road, Wappingers Falls, I I �� NY 12590 Prior Owner 1: Mark R. Maxam, 42 Middlebush Wappingers Falls, NY 12 12590; Sara Murdoch am Sara Murdoch MRam Rye Boston Post Road,bf New York „ Rye, New York Will V 1sv �05 Prior Owner 2:: William T. Of DUtCheSS ry Parsons and Helen S. Par- QF� rJ sons, 224 Myers Corners Road, 590 Wappingers Falls, PoughkeepsieNY 12 Prior Owner 3: Mead -.`n owood Development QV V Corp., 1131 Route 55, P.O.' Box 37, LaGrangeville, NY 12540 Tax 980415 ria No.: 6257-04• Lombardi _ 1 �, of the City of Poughkeepsie, Property Address: 359 All ►S County,New York, being duly sworn, says Angels Hill Road Current Owner: 0 Sung Kwon and Hyo Jung, 359 he several times hereinafter mentioned he/she All Angels Hill Road, Wap- pingers Falls, 1: Chan Lim, Prior Owner 1: Chan still Is the Principle Clerk of the Poughkeepsie 359 All Angels Hill Road, Wappingers Falls, NY )ers Division of Gannett Satellite Information 12590 Prior Owner 2: MNB Real- Inc,, publisher of the Poughkeepsie Journal, a ty Development Corp., 56 g Forest Glen Road, Valley r printed and Published every day In the year Cottage, New York 10989 p p Y Prior Owner 3: Ljulija Beri- shaj,5 Cottage, Forest Glen Road, the city of Poughkeepsie, Dutchess County, Valley York 10989 and that the annexed Notice was d 1 Prior Owner 4: William T. �u1 yy Parsons and Helen S. Par- one insertlo eons, 224 Myers corners in the said newspaper for weeks Road, Wappingers Falls, T x1,2 90 No.; 6257-04- ely, in each week, commencing on the 984429 Y of April in the year- Property Address: All An- Y 2005 CurrenttOwner: Katrina els Hill Road following dates thereafter, namely o Dionovic (prior , address: 56 Forest Glen Road, Val- ley Cottage, NY) Prior Owner 1: William T. .Parsons and Helen S. Par- sons, 224 Myers Corners Road, Wappingers Falls, NY 12590 Tax Grid No.: 6357.03- 040454 Property Address: 469 Old Hopewell Road Current Owner: Mead- owood Investors, LLC, c/o Myers and Rieger Homes, P.O. Box 310, LaGrange- m the ville, NY 12540 day of in Prior Owner: Meadowood 05 2 Development Corp., 1131 ,both days inclusive. Route 55, P.O. Box 37, La- Grangeville, NY 12540 Tax Grid No.: 6257-04- 863284 (portion of this grid no.) Property Address: All An- gels Hill Road y current Owner: O'Donnell G2524, LLC, 218 Van Wyck id sworn to before me this y z Lake Road, Fishkill, NY da 3 9 Prior Owner 1: Mead in the year of 2005 Q?;t owood Investors, LLC, c/o Q 0C rr Myers & Rieger Homes, Q, m P.O. Box 37, LaGrange- UJ C; ville, NY 12540 1'. ° r Prior Owner 2: Mead- ^ 1 owood DevelopmentJAI � r; ;n n a Corp., 1131 Route 55, P.O. __J_ (D S Box 37, LaGrangeville, NY /� Z n 12540 u ry Ya; u t 0733 J Notary Pu lic 2 z E My commission expires u. SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 ^-F-F.3+davit c► -F Puto1 zcaIt3c�n To: WAPPINGERS FALLS, TOWN CRDERCAII HEAF P . O . BOX 324 NOTICE IS HERI the Town Board WAPPINGERS FALLS, NY 12590 Wappinger,Dutch York, at ameet1, duly d < 28, 200b, duly ad Ing Order Collin5 Re: Legal notice #67470 PublishedheraYrll Dated:Wappinger �`,iMarch 28' State of NEW YORK } "`' BOARD of } SS: Glory"Mc County of DUTCHESS } RESOI.UTI At a regular mea j, Bparuof. thp.Tow . Detchess County I, TINA HEATH, being duly sworn, depose and at Town Half,20N say: that I am the BOOKKEEPER of Southern u,wappinger 28 day of N Dutchess News, a weekly newspaper of general Joseph R' circulation published in WAPPINGERS FALLS, Joseph RI County of DUTCHESS, State of NEW YORK; and Robert l that a notice, of which the annexed is a Maureen b Coungawo printed copy, was duly published in Southern ORREF Dutchess News once on 04/06/05. -:16 the Matt from the W mission/Tr Area ,' j'hhai WHERfzAS previously Sewer Tro Sworn to before me this 8th day of April, 2005 Area and 'd';., eo WH&EA€ determ In Now- ' nally' Inclu Sewar, ;Trs ALBERT M OSTENImproveme Notary Public, State of NEW YORK +t and Phase :.xON4,saws No. 14--8240760 prpvemenl WHERE Qualified in DUTCHESS County 9 f*A*? My commission expires on June 15, 2007 74" a L 5$9°,af 4Q"l:`eRl po�e�fi��fit# p`attti °; pr place of beginning preantl n* %luded in'safd district.-. 4. The Town plark is heriby autho- rized and directed to ospsa a copy, of this Order Calling PubliaHear•' Ing'to be published once in the i Poughkeepsie Journal and once in ' I' the Southern Dutchess News, offi- cial newspapers of the Town, the first publication thereof to be not less than ten nor more than twenty days_ before the day set herein for the hearing as aforesaid, and the Town Clerk shall also cause a copy ; thereof to be costed nn'the Sinn_ each owner of the parcels Identi- fied above, each not less than ten nor more than twenty days before the day set herein for the hearing ` as, aforesaid, Tho.Town Clerk is ' further directed to send a copy of ,tricR+t"M• 'shall be pro,rsted and adjusted en ice* among and between the various Ni, Met ,a6 Falls;'; tborough 40 :; laity, 'set, ` 1580 . !4488 ,I1 Angels dreaf and prIV et. I: o. i pis urger anan iaKe ettect im-'., mediately," ' Thr{ question pf the pdopt,ton of the , "foregoing Order was duly put to a Vote orf roll, which resulted as fol. ° g P rrrels ,lows: .. 'JOSEPH RUGGIERO, far, cans- Supervisor Votinq .. Ave. . Ni, Met ,a6 Falls;'; tborough 40 :; laity, 'set, ` 1580 . !4488 ,I1 Angels dreaf and prIV et. I: In the Matter of Removing Parcels from the Wappinger Sewer Transmission/ Treatment AFFIDAVIT OF MAILING Improvement Area — Phases 1 & 2 and Phase 3A STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) FLORENCE HANNON, being duly sworn, deposes and says: I am the Deputy Town Clerk to the Town of Wappinger, Dutchess County, New York. 2. I am over the age of eighteen (18) years of age and I reside at 18 Beatty Drive, Wappingers Falls, New York. 3. On the 4 6" day of April, 2005, I served a true copy of the annexed NOTICE OF PUBLIC HEARING by mailing a copy of same in a sealed envelope with pre -paid postage thereon in a Post Office or official depository of the U.S. Postal Service within the Town of Wappinger, Dutchess County, New York, addressed to the last known addresses of the various parcel owners of the parcel proposed to be removed from the Wappinger Sewer Treatment/ Treatment Area Phases 1 & 2 and Phase 3A as set forth on the attached Schedule No. 1. 4. The last known addresses of the within identified individuals are the addressed maintained by the Town of Wappinger Assessor's Office as certified by Loretta Brunello, Senior Assessor Assistant to the Town of Wappinger. FLORENCE HANNON Deputy Town Clerk f^S rn to before me on this ay of April, 2005. �J NOM Y P IC GLOM JEAN MORSE Publir., state of New York Qut", i;d la Lu.Thnss County 4761080 Comm. Expim Aug. 31, 49* TO: Hon. Gloria Morse, Town Clerk CERTIFICATION I, LORETTA BRUNELLO, am a Senior Assessor Assistant at the Town of Wappinger. In connection with the removal of ten parcels from the Wappinger Sewer Transmision/ Treatment Improvement Area Phases 1 & 2 and Phase 3A, I have examined the files maintained by the Town of Wappinger Assessor's Office and I hereby certify that the attached list contains the names and addresses of all the lot owners, identified by Tax Grid Number, from the year 2002 through April 1, 2005. LORETTA BRUNELLO Swornbefore me this 0 day ofl , 2005. G Notary Pub i MARIA GILPRIDE Notary Pvb1ic, State of New YWk Beg. No. OIG15087374 Qualified in Dutchess Coy�t Commission Expires Nov.3.2LI O:\W appinger\TriMunA\Removal Legislation\Certificati on. doc 04/25/2005.PH A Public Hearing was held by the Town Board of the Town of Wappinger on April 25, 2005 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on a proposed Local Law entitled " Apprenticeship Training Programs for Town Construction Contracts." Supervisor Ruggiero opened the meeting at 7:39 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero asked if there were any question or comments from the public. James Bodrato a Business Representative of the International Brotherhood of Electrical Workers of the Hudson Valley announced that the City of Poughkeepsie, Town of Fishkill, and the Town of Poughkeepsie have already approved the Apprenticeship Law. He stated that, "We are asking the Town to recognize the labor shortage in our area and recognize union and non- union contractors that want to contribute portions of the funds they are going to spend on their projects which would give the youth of the community more jobs and encourage them to stay and contribute to the community." Mario Johnson of the Builders Association of the Hudson Valley announced that as of now the Builders Association stands opposed to the law. They are in favor of education and training, but feel the 20K threshold is too low and advocate 75K to 100K. They would also like to see stronger language in this resolution to be assured that apprentices will be used on the job site. They would also like to see a granting of a temporary waiver for current contractors and sub- contractors to develop a program. James Malcolm, Vice -President of the Hudson Valley Building Trades, who represented the carpenters union, said there is an opportunity for the Town of Wappinger to safe guard the taxpayers contributions. A member of the sheet metal workers from the 1 04/25/2005.PH Town of Wappinger felt this was a great program. Don Ritter of Wappinger Falls was in favor of the program. There were no further comments or question from the audience. Councilman Valdati moved to close the Public Hearing, seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 7:45 pm Vrk GloriaTown TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW FOR APPRENTICE TRAINING PROGRAMS FOR TOWN CONSTRUCTION CONTRACTS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on April 6, 2005, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law for Apprentice Training Programs for Town Construction Contracts, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. EP GLORIA J. Town Clerk Town of WE Sworn t fore me the day o ,2005 MARIA GILBRIDE Notary Pvblir., State of N"York Reg. No. OIG15087374 Co Un Commission Expi estNov. 3, 9 SOUTHERN DUTCHESS-NEWS, BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 ^ f -F z cl aL W i t cs -F P u 1=> 1 zC:�: a -t i c> n (SEQRA) or pursuant to Chapter 117 of the Code of the Towrr of' Weppingar and,'-ac6oidingly,=bo environmental review has been undertaken PLEASE TAKE` URITHEp NO. TICE that copiee of the proposed Local Law No-oftheYear2005 bla` are ayalletpr r�eyiew and",in-.i )WN' I"OF SER ISE,`_ ERK To: WAPPINGERS FALLS, TOWN P.O. BOX 324 it WAPPINGERS FALLS, NY 12590 Re: Legal notice #67472 State of NEW YORK ) } SS: County of DUTCHESS NOTICE OF PUBLICHEARIMG TOWN OF WAEPINGER I TINA HEATH beidui de d HEATH, being y sworn, Pose an NOTICE (S HEREBY GIVEN that the Town Board of the Townof, WapPInger will conduct a PUBLIC HEARINGonthe 25thday ofApril, say: that I am the BOOKKEEPER of Southern 2005, at 7:30 p.m. at the Town Hell, , Dutchess News, a weekly newspaper Of general Town of.Wappinger,20Middlebush circulation published in WAPPINGERS FALLS, RoadWappingers Falls, New York, , at which time all parties In Interestand ` County Of DUTCHESS, �S, State of NEW YORK; and ve an opportu-, I+ nitytozensshallhtowhetherthe nitytobeheerdestowhetherthe that a notice, o which the annexed is a ,„Town ;Board of the Town of Wappingershell,adoptaproposed printed copy, was duly published in Southern Local Law entitled "Local Law No. _ofthe Year 2005,Apprentice- Apprentice- Dutchess News once on 04/06/05. ship Training Programs for Town. ConstructionContraots, PLEASE TAKE FURTHER „NO- TICE that the purpose and intent of Local is r: the, proposed Lew fo re- quire that all construction contracts = awarded by4he Town of Wappinger for Twenty; Thousand Dollars' ($20,000) or more In which the, Sworn to before me this 8th dayof Aril 2005 April, Town ofWapplpartshalipro de' �recfor Indirect; party shall provide' ,_that all oontraatoraandtor subcon• tray `ttu�'tacis partici- I)�iIraining patein epprentl' as pro- grams approved by the New York ALBERT M OSTEN tate, Commissioner of Labor as Notary Public, State of NEW YORK authorized by Artlole 23 of the New l York State Labor Law. NO. 14-8240760 PLEASE TAKE,FURTHER NO- TICE that the TownrBoard has de- terminedthQt pursuant to a NYCRR - 9ualified in DUTCHESS County 817,5 andSectiorl'1,17oftheCode hiy commission expires on June 15, 2007 of the7dwn of Wappinger at the proposed adoption of the aforemem (SEQRA) or pursuant to Chapter 117 of the Code of the Towrr of' Weppingar and,'-ac6oidingly,=bo environmental review has been undertaken PLEASE TAKE` URITHEp NO. TICE that copiee of the proposed Local Law No-oftheYear2005 bla` are ayalletpr r�eyiew and",in-.i )WN' I"OF SER ISE,`_ ERK Poughkeeps ie, N.Y. AFFIDAVIT OF ►,. NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER' NOTICE'S HEREBY GIVEN: State Of New York that the Town' Board of the Town of Wappinger County of Dutchess J will conduct 'p; PUBLIC, RECEIVED HEARING on the 25th day' of April, 2005 at 7:30 p.m. ; City of Poughkeepsie _ at the Town Hall, Town of Wappinger, 20 Middle - bush Road, ' Wappingers 0 8 2005 Falls, New York, at which' time all, parties in .interest's and citizens shall have 'an * Q (� R Iopportunity o p wheih rc tithheard a Town Rita Lombardi , of the City 1091y gh9WPQk Board ' of the Town of Wappinger,shall adopt a Dutchess County, New York, being duly sworn, says proposed Local Law enti- I teed "Local , Apprentice- . of, the Year200505, Apthat at the several times hereinafter mentioned he/she ship Training Programs fontr Town Construction'; was and still Is the Principle Clerk of the Poughkeepsie PLEASETAKE' FURTHER N@WS a @ NOTICE that the, purpose p p rs Division of Gannett Satellite Information and intent of the proposed Local taw is ,to require,! Network, Inc., publisher of the Poughkeepsie Journal, a that all construction con-' tracts awarded : by the newspaper printed and published eve da in the year Town of Wappinger for every y y Twent20,0y Thousand Dollars' 2005 In the city of Poughkeepsie, Dutchess County, ($20,000) or, more in', which the Town of Wap-', ginger shall be a ;direct or ' New York, and that the annexed Notice,was dyly indirect ,party shall pro- one inser on vide that all ;contractors published In the said newspaper for and/or subcontractors to weeks such contracts participate . successively, I in apprenticeship training y n each week, commencing on the programs approved by the New York State Commis- 6th day of April in the year of 2005 sioner of'Labor as autho- �� rized r by Article 23 of the and on the following dates thereafter, namely on: New York State Labor Law. PLEASE ;TAKE FURTHER; NOTICE that the Town " Board has determined that Pursuant, to 6 NYCRR i 617.5 and section 117 of the Code of the Town of Wappinger at the pro- posed adoption of the afo- rementioned local Law Is' a Type It action :Fsgyfr < Ing art environment8l rel view pursuant to the $tatg EnvironmI�ntal Quaiity lo,, view'Act ISEORAi or purrand ending on the day of in suant to Chapter 117 ef' the Coda of the Town ofthe year of 200 Wap5 ,both days inclusive. ping dingy and, ,actor- no environmental: review has-been underta-, ken. PLEASE =TAKE FURTHER' Y NOTICE that copies of the ` } proposed ., Local Law No. _ of the Year X2005 are z available for reyieiy" and; theTown the Office of Subs ribed and sworn to before me this da o �' the Town' Clerk on` week- ' o r` days from 8:30 a.m. to Of 1005 y � m 4:00 p.rn., at the Town; I` In the year Of w O Hall, .20 Middlebush' Road, ro rn 2 Wappingers Falls, New � (j) = o YorkC/)0 N Dated: Mefoh 28, 2005 1' J u C, m BY ORDER'OF'THE TOWN,' c a a "BOARD OF THE TOOF ii �a WN � c W WAPPINGER c GLORIA J, MORSE, r2 TOWN CLERK C7 COU) 0732 Notary blit Z E E 0 r� My commission expires l bf y los—