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2005-01-24 RGMMonday, January 24, 2005 6:30pm Wappinger Town Hall AMENDED AGENDA Call to Order — 6:30PM Roll Call, Salute to Flag Executive Session • Appraisal Report on Cranberry Public Hearing — 7:30PM • Public Hearing for a Local Law for Common Driveways • Public Hearing on Local Law for Change in Procurement Policy Suspension of Rules for Public Comment on Agenda Items Executive Session - Interviews • Recreation Commission • Planning Board • Zoning Board of Appeals Correspondence Log 2005-199 - 2005-205 Resolutions: 2005-01 Resolution Authorizing Supervisor to Sign Dial -A -Ride Contract 2005-02 Resolution Authorizing Refund of Unused Escrow for Seeding at 22 Morgan Court 2005-03 Resolution Authorizing Refund of Unused Escrow for Tying Drainage into Storni Water at 35 Sherwood Heights 2005-04 Resolution Authorizing Refund of Unused Escrow for Seeding at 24 Morgan Court 2005-05 Resolution Authorizing Refund of Unused Escrow for Route 9 Little Falls Trailer Park 2005-06 Resolution Authorizing Refund of Unused Escrow for Driveway at 35 Sherwood Heights 2005-07 Resolution Authorizing Refund of Unused Escrow for Drainage, Fill and Grading at 24 Morgan Court 2005-08 Resolution Authorizing Keenan Acres Bond Reduction 2005-09 Resolution Adopting Local Law for Procurement Policy 2005-10 Resolution Adopting Local Law for Common Driveways 2005-11 Resolution Correcting Salaries of Certain Town Employees 2005-12 Resolution Authorizing Change Order Number 2 for Wappinger Sewer Improvement 4 2005-13 Resolution Appointing Recreation Committee Member 2005-14 Resolution Authorizing Planning Board Member 2005-15 Resolution Appointing Zoning Board of Appeals Member 2005-16 Resolution Accepting Correspondence Log 2005-17 Resolution Authorizing Amendments to Field Map no. 8938 for Subdivision Known as "Lands of Satellite Investment" Unanimous Consent 2005-18 Resolution Authorizing Budget Amendment 2005-19 Resolution Authorizing the Sale Not Exceeding $300,000 Tax Anticipation Notes in Anticipation of the Collection of Uncollected Real Property Taxes Levied for the Current Fiscal Year New Business/Comments Adjournment 01/24/2005.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on January 24, 2005 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 6:40 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived at 8:25 p.m.) 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 Absent: Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag. At this time, 6:40 p.m., Councilwoman McCarthy moved to go into Executive Session for an Appraisal Report on Cranberry, seconded by Councilman Paoloni and unanimously carried. The meeting reconvened at 7:40 p.m. with all Board members present except Councilman Bettina.. There was no action taken in Executive Session. PUBLIC HEARING: • Public Hearing on Local Law for Common Driveways • Public Hearing on Local Law for Change in Procurement Policy SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilwoman McCarthy moved to suspend the rules for purposes of public comment on agenda items seconded by Councilman Paoloni and unanimously carried CORRESPONDENCE LOG 2005 -CL -199 TO 2005 -CL 205 (See Attached Sheets) RESOLUTION NO. 2005-001 RESOLUTION TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF WAPPINGER AND THE COUNTY OF DUTCHESS FOR TRANSPORTATION SYSTEM FOR SENIOR CITIZENS AND HANDICAPPED INDIVIDUALS The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, Article 5G of the General Municipal Law provides joint services to participating municipal corporations and permits contributory funding by 01/24/2005.RGM the respective municipal corporations according to the amount of services received, and WHEREAS, a joint service transportation system for Senior Citizens and Handicapped individuals in the municipalities of Hyde Park, Fishkill, East Fishkill, Wappinger, Poughkeepsie, Pleasant Valley, LaGrange, Red Hook, Beekman and the City of Poughkeepsie will cost One Hundred and Ninety Six Thousand, Three Hundred and Forty Four Dollars and 48/100 ($196,344.48) for a one (1) year period, and WHEREAS, the Dutchess County Legislature by resolution, has authorized the establishment of a Transportation System for senior citizens and handicapped individuals to serve the ten (ten) municipalities of Hyde Park, Fishkill, East Fishkill, Wappinger, Poughkeepsie, Pleasant Valley, LaGrange, Red Hook, Beekman and the City of Poughkeepsie and; WHEREAS, the Town of Wappinger ("Town") had previously entered into an Agreement with the County of Dutchess ("Dutchess") providing a joint service transportation system for senior citizens and handicapped individuals; and WHEREAS, said agreement has been amended and extended from time to time; and WHEREAS, the Town desires to extend the term of said Agreement for an additional period of one (1) year at a cost to the Town not to exceed the sum of Thirty Three Thousand, Nine and Nine 12/100 ($33,909.12). 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 accepts the terms and conditions set forth and contained in the Extension Agreement, by and between the County of Dutchess and the Town of Wappinger, providing a joint service transportation system for senior citizens and handicapped individuals. 3. The Supervisor of the Town, Joseph Ruggiero is hereby directed and authorized to execute the Extension Agreement, a copy of which is affixed hereto by and on behalf of the Town of Wappinger. 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. 2005-002 E 01/24/2005.RGM RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FOR SEEDING AT 22 MORGAN COURT The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, on or about January 29, 2004 Mrs. Heidi Morgan deposited One Thousand Five Hundred Dollars and 00/100 ($1,500.00) with the Town of Wappinger for seeding on 22 Morgan Court; and WHEREAS, Heidi Morgan has requested a refund in the amount of One Thousand Five Hundred and 00/100 ($1,500.00), and has been approved by Salvatore Morello, Deputy Building Inspector to the Town of Wappinger. 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. Payment is approved in the amount of One Thousand Five Hundred and 00/100 dollars ($1,500.00) made payable to. Heidi Morgan, Account Number 2003-0574, for the refund of the unused escrow deposited for the property located at 22 Morgan Court. 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. 2005-003 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FOR TYING DRAINAGE INTO STORM WATER AT 35 SHERWOOD HEIGHTS The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy WHEREAS, on or about September 27, 2000 Mr. Roger Verkuil deposited One Thousand Dollars and 00/100 ($1,000.00) with the Town of Wappinger for tying drainage into storm water on 35 Sherwood Heights; and WHEREAS, Mr. Roger Verkuil has requested a refund in the amount of One Thousand and 00/100 ($1,000.00), and has been approved by George Kolb, Building Inspector to the Town of Wappinger. 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. K 01/24/2005.RGM 2. Payment is approved in the amount of One Thousand and 00/100 dollars ($1,000.00) made payable to. Roger Verkuil, Account Number 99-543, for the refund of the unused escrow deposited for the property located at 35 Sherwood Heights. Voting Aye The foregoing was put to a vote which resulted as follows: Voting 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. 2005-004 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FOR SEEDING AT 24 MORGAN COURT The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, on or about November 15, 2002 Heidi Morgan deposited One Thousand Five Dollars and 00/100 ($1,500.00) with the Town of Wappinger for seeding on 24 Morgan Court; and WHEREAS, Heidi Morgan has requested a refund in the amount of One Thousand Five Hundred and 00/100 ($1,500.00), and has been approved by Salvatore Morello, Deputy Building Inspector to the Town of Wappinger.. 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. Payment is approved in the amount of One Thousand Five Hundred and 00/100 dollars ($1,500.00) made payable to. Heidi Morgan, Account Number 2002-0462, for the refund of the unused escrow deposited for the property located at 24 Morgan Court. 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. 2005-005 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR ROUTE 9 LITTLE FALLS TRAILER PARK C! 01/24/2005.RGM The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, on or about September 13, 2002 Mr. Ronald Berg deposited Three Thousand Seven Hundred Fifty and 00/100 ($3,750.00) with the Town of Wappinger for a subdivision fee, and WHEREAS, Ronald Berg has requested a refund in the amount of One Thousand Four Hundred Three and 70/100 ($1,403.70) and has been recommended by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated December 15, 2004 to the Town Board Members. 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. Payment is approved in the amount of One Thousand Four Hundred Three and 70/100 ($1,403.70)) made payable to Ronald Berg, Account Number 02-05059, for the refund of the unused escrow funds deposited for the property located at Route 9 Little Falls Trailer Park. 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. 2005-006 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FOR DRIVEWAY AT 35 SHERWOOD HEIGHTS The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, on or about September 22, 2000 Mr. Roger Verkuil deposited Two Thousand Dollars and 00/100 ($2,000.00) with the Town of Wappinger for a driveway on 35 Sherwood Heights; and WHEREAS, Mr. Roger Verkuil has requested a refund in the amount of Two Thousand and 00/100 ($2,000.00), and has been approved by George Kolb, Building Inspector to the Town of Wappinger.. 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. 5 01/24/2005.RGM 2. Payment is approved in the amount of Two Thousand and 00/100 dollars ($2,000.00) made payable to. Roger Verkuil, Account Number 99-543, for the refund of the unused escrow deposited for the property located at 35 Sherwood Heights located at Route 9 Little Falls Trailer Park. 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. 2005-007 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FOR DRAINAGE, FILL AND GRADING AT 24 MORGAN COURT The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, on or about December 2, 2002 Mrs. Heidi Morgan deposited Six Thousand Dollars and 00/100 ($6,000.00) with the Town of Wappinger for Drainage, Fill and Grading on 24 Morgan Court; and WHEREAS, Heidi Morgan has requested a refund in the amount of Six Thousand and 00/100 ($6,000.00), and has been approved by Salvatore Morello, Deputy Building Inspector to the Town of Wappinger.. 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. Payment is approved in the amount of Six Thousand and 00/100 dollars ($6,000.00) made payable to. Heidi Morgan, Account Number 2002-0462, for the refund of the unused escrow deposited for the property located at 24 Morgan Court. 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. 2005-008 RESOLUTION ACCEPTING FOURTH REDUCTION IN THE BOND AMOUNT SECURED BY A CASH DEPOSIT FOR THE KEENAN ACRES SUBDIVISION R O1/24/2005.RGM The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni WHEREAS, MIDA 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 "Keenan Acres" prepared by Civil Technologies & Engineering, P.C. dated June 29, 1999, and subsequently revised from time to time; and WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Subdivision Approval, by Resolution dated August 5, 2003 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 WHEREAS, Mid -Hudson Holdings, LLC now owns the property and intends to complete development of the subdivision as required by the Resolution of Final Conditional Subdivision Approval dated August 1, 2003; and WHEREAS, Town Law §277 requires that 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, Mid -Hudson Holdings, LLC has previously posted a Performance Agreement together with a bank or certified check made payable to the Town of Wappinger to guarantee the construction of the required improvements; and WHEREAS, the Performance Agreement executed on September 18, 2003 by Mid -Hudson Holdings, LLC with an address at P.O. Box 636, Fishkill, New York 12524, as Obligor, which Performance Agreement was personally guaranteed by John Goetz, and secured by a cash deposit in the sum of Three Hundred and Ninety Thousand, Two Hundred and Thirty Three Dollars ($390,233.00), by bank or certified check made payable to the Town of Wappinger, securing the obligations set forth in the Performance Agreement, was accepted by the Town Board pursuant to Resolution 2003-218 at a regular meeting held on September 22, 2003 as security for the obligations set forth in the Performance Agreement; and WHEREAS, pursuant to a resolution duly adopted at a regular Board meeting held on January 26, 2004, and upon recommendation of the Engineer to the Town, Joseph E. Paggi, Jr., the Town Board authorized a 7 01/24/2005.RGM reduction in the security to be posted to the sum of Two Hundred Eighty -Six Thousand One Hundred Fifty Dollars ($268,150) and authorized a reimbursement to Mid -Hudson Holdings, LLC in the amount of One Hundred and Twenty -Two Thousand, Eighty Three Dollars ($122,083); and WHEREAS, Mid -Hudson Holdings, LLC has completed more of the required improvements, and WHEREAS, Joseph E. Paggi, Jr., P.E., Engineer to the Town, has recommended a further reduction in the security to be posted to complete the construction of the remaining roadways and improvements to the sum of One Thousand and Fifty Eight Thousand, Five Hundred and Six Dollars ($158,506), pursuant to letter dated January 5, 2005, a copy of which is affixed hereto as Exhibit "A"; and WHEREAS, by adoption of this Resolution, the Town Board hereby authorizes a release of One Hundred Nine Thousand, Six Hundred and Forty - Four Dollars ($109,644) to Mid Hudson Holdings, LLC from the cash deposit previously posted. 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 accepts the reduced bond calculation prepared by Engineer to the Town, Joseph E. Paggi, Jr., and further directs Supervisor, Joseph Ruggiero and Town Comptroller, Jerry Terwilliger, to reimburse Mid -Hudson Holdings, LLC the sum of One Hundred Nine Thousand, Six Hundred and Forty -Four Dollars ($109,644) from the cash deposit previously posted with the Town resulting in a revised cash bond in the sum of One Thousand and Fifty Eight Thousand, Five Hundred and Six Dollars ($158,506). 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. 2004-009 RESOLUTION AUTHORIZING THE ADOPTION OF "LOCAL LAW NO. #1 OF THE YEAR 2005 AMENDING THE PROCUREMENT POLICY OF THE TOWN OF WAPPINGER" The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy 01/24/2005.RGM WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #1 of The Year 2005 Amending the Procurement Policy of the Town of Wappinger" 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 January 24, 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. #1 of The Year 2005 Amending the Procurement Policy of the Town of Wappinger", 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 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 E 01/24/2005.RGM RESOLUTION NO. 2005-010 TOWN OF WAPPINGER TOWN BOARD RESOLUTION ADOPTING LOCAL LAW NO. #2 OF 2005 AMENDMENTS TO THE TOWN CODE, SECTION 240-20 OF THE TOWN OF WAPPINGER ZONING LAW, ACCESS AND REQUIRED STREET FRONTAGE - AUTHORIZING COMMON DRIVEWAYS AND ACCESS EASEMENTS The following resolution was moved by Councilperson Valdati and seconded by Supervisor Ruggiero WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-20 of the Town of Wappinger Zoning Law, Access and Required Street Frontage, should be amended and revised to amend the requirement restricting each lot to take access over its own frontage to authorize the Planning Board to allow or require common driveways and cross access easements, under certain circumstances and subject to certain conditions, where deemed beneficial and in the Town's best interest (the "Proposed Action"); 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") via Local Law No. 6 of 1992 (the Town's environmental quality review law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default as the only involved agency, the Lead Agency for this action; and WHEREAS, a duly advertised public hearing was held on January 24, 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 each common driveway or use of a cross access easement would minimize disturbances to the environment, minimize Stormwater runoff and pollution, reduce vehicular and 10 01/24/2005.RGM pedestrian conflicts, improve traffic flow and safety, and maintain the character of roadways. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. 2 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 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 TOWN OF WAPPINGER LOCAL LAW # 2 OF THE YEAR 2005 A Local Law entitled "Local Law #2 of 2005, amending Section 240-20 of the Town of Wappinger Zoning Law, Access and Required Street Frontage." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title N This Local Law shall be known and cited as "Local Law # 2 of 2005, amending Section 240-20 of the Town of Wappinger Zoning Law, Access and Required Street Frontage." Section 2: Legislative Intent The intent of the proposed Local Law is to alleviate and permit an alternative to the problems caused by the existing and inflexible requirements that all lots must derive access over its own property. The requirement is unnecessarily restrictive and is directly contrary to good land use planning practice and with the principles, recommendations and guidelines contained in Greenway Connections. It results in: a maximum number of curb cuts and traffic conflict points; reduced traffic and pedestrian safety and capacity; is wasteful of land; requires avoidable and unnecessary disturbance to land; increases Stormwater runoff and pollution; and contributes to other environmental and aesthetic problems. The intent of the proposed amendments is to amend the requirement restricting each lot to take access over its own frontage and to authorize the Planning Board to allow or require common driveways and cross access easements, under certain circumstances and subject to certain conditions, where deemed beneficial and in the Town's best interest. Section 3: § 240-20.A of the Zoning Law shall be revised to read as follows: "A. Minimum frontage required. No building permit shall be issued for the establishment of any use or construction of any structure unless the street or highway giving access to said use or structure has been suitably improved to Town road standards or a bond posted therefore, in accordance with the provisions of §§ 280-a.1 and 2 of the Town Law. Further, for the purposes of this paragraph, "access" shall mean that the lot on which said use or structure is proposed has 11 01/2412005.RGM frontage on said street or highway sufficient to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles in accordance with the provisions of § 280-a.5 of the Town Law. Said lot frontage shall be at least fifty (50) feet in length and the actual access to said use or structure shall be over said frontage, except that the Planning Board may permit or require common driveways and cross access easements subject to the following findings and conditions: (1) It shall be demonstrated that each single-family residential lot is capable of independent access over its own frontage. (2) All common driveways and/or access over an adjacent lot or lots shall require a common driveway easement, construction plan and maintenance agreement approved by the Planning Board and the Town Attorney and filed with the Dutchess County Clerk's Office. (3) All relevant subdivision plats and site development plans shall include a notation referencing the required common driveway easement, construction plan and maintenance agreement. (4) The Planning Board must find that use of a driveway easement and/or a common driveway will result in one or more of the following: a. A reduction in the number of curb cuts; b. Avoidance or minimization of unnecessary land disturbance; c. Minimization of the need for the construction of new, short dead-end roads to serve single-family residential lots; d. Protection, maintenance or improvement of the environment, community character, or safety or operation of vehicular and pedestrian traffic; e. Consistency with or implementation of the statement of policies, principles and guidelines in `Greenway Connections'. (5) Not more than three (3) lots shall be served by a single common driveway. (6) All common driveways shall, at a minimum, meet the construction standard in Attachment 6:1 of this chapter. (7) The property owner shall be required to record in the Dutchess County Clerk's Office a Declaration of Covenants and Restrictions acceptable to the Planning Board and the Attorney to the Town governing the use, maintenance and operation of the common driveways. The Declaration of Covenants and Restrictions shall contain, at a minimum, provisions that will impose a Permanent Easement for as long as the common driveway is used by two (2) or more lots, provide for standards of construction and maintenance of the common driveway, 12 01/24/2005.RGM provide for the prompt removal of obstructions of the common driveway, provide for the continued maintenance and upkeep of the common driveway as well as the share of the costs thereof, and provisions for the enforcement of the Declaration including the recovery of legal fees associated with any successful enforcement proceedings. (8) The proposed Declaration of Covenants and Restrictions shall be submitted to the Planning Board and approved by both the Planning Board and the Attorney to the Town prior to or simultaneously with the Planning Board's Resolution of Final Subdivision Plat Approval or, if no subdivision approval is required, prior to the issuance of a driveway permit by the Town of Wappinger Highway Superintendent. If the common driveway is proposed in connection with new lots created by subdivision, the Declaration of Covenants and Restrictions shall be recorded simultaneously with the filing of the Subdivision Plat in the Dutchess County Clerk's Office." Section 4. The attached construction detail entitled Minimum Standards: Common Driveway is hereby incorporated into Chapter 240, Zoning, as Attachment 6:1. Section 5. 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 6: 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 7: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. RESOLUTION NO. 2005-011 RESOLUTION ESTABLISHING THE SALARIES OF CERTAIN POSITIONS IN THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. 13 01/24/2005.RGM WHEREAS, at the Reorganization meeting on December 20, 2004, the Town Board of the Town of Wappinger adopted Resolution 2004-340A Establishing the salaries of Certain Positions in the town of Wappinger, and WHEREAS, Resolution 2004-340A was drafted with an error, establishing the salary for Assessor's Aide Margaret Mingola to be $17,025 on her anniversary date of December 5, 2005, the salary for Data Entry Operator Michelle Gale to be 22,041 on her anniversary date of June 24, 2005, and the salary for Data Entry Operator Maria Gilbride to be $17,925 as of January 1, 2005, and WHEREAS, the 2005 budget adopted by the town Board established said salary for Margaret Mingola to be $21,584 and for Michelle Gale and Maria Gilbride to be $23,000. THEREFORE, BE IT RESOLVED, that the salary Margaret Mingola is hereby set and established to be $21,584 for the year 2005 to become effective on the anniversary date of December 5, 2005, and BE IT FURTHER RESOLVED, that the salary Michelle Gale is hereby set and established to be $23,000 for the year 2005 to become effective on the anniversary date of June 24, 2005, and BE IT FURTHER RESOLVED, that the salary Maria Gilbride is hereby set and established to be $23,000 for the year 2005 to become effective retroactively to January 1, 2005, and BE IT FURTHER RESOLVED, that all such persons so designated shall be paid every Friday throughout the year 2005, with 52 pay periods during such year, with the first payday to be January 7, 2005, and 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. 2005-012 RESOLUTION AUTHORIZING CHANGE ORDER NUMBER NO.2 FOR WAPPINGER SEWER IMPROVEMENT AREA NO.4 The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. WHEREAS, the Engineers to the Town, Paggi, Martin & DelBene have approved Change Order No. 2 for Wappinger Sewer Improvement No. 4 for installing a eight inch fence around the pump station at Four Fields Court, a copy of which is attached hereto. 14 01/24/2005.RGM 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 approves change order No. 2 to Wappinger Sewer Improvement No. 4, for installing a fence at the pump station at Four Fields Court in the amount of Six Thousand Six Hundred Ninety and 08/100 ($6,690.08) for the reasons set forth in the letter dated January 5, 2005 from Charles DelBene of Paggi, Martin & DelBene to the Town Board. 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. 2005-016 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE OF FILE The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. 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 RESOLUTION NO. 2005-17 RESOLUTION AUTHORIZING AMENDMENT TO FILED MAP NO. 8938 FOR SUBDIVISION KNOWN AS "LANDS OF SATELLITE INVESTMENTS" The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy WHEREAS, the Planning Board previously approved a subdivision known as "Lands of Satellite Investments" dated February 1, 1990, which subdivision map was filed in the Office of the Dutchess County Clerk as Filed Map No. 8938; and 15 01/24/2005.RGM WHEREAS, a note on the Filed Map No. 8938 required the property owner, Satellite Investments, to irrevocably offer a proposed road extension to then proposed County Route 11 (CR -11) as shown on said map; and WHEREAS, it has been determined that Dutchess County has no present plans to build CR -11; and WHEREAS, the Town Board hereby acknowledges CR -11 will not be built and authorizes the Planning Board to approve an amendment to Filed Map No. 8938 removing the note requiring the property owner to irrevocably offer to the Town a proposed road extension to CR -11; and WHEREAS, the Town desires to obtain a Permanent Easement and Right of Way (hereinafter "Utility Easement") for the installation of utilities running from Airport Drive as extended and as shown a certain proposed Subdivision Map entitled "Rail Trial Subdivision" dated July 25, 2004 to the lands known or formerly owned by the County of Dutchess and previously described as CR - 11 located on the easterly side of the Lands of Satellite; and WHEREAS, the Town Board determines that the adoption of this resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 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 authorizes the Planning Board of the Town of Wappinger to amend Filed Map No. 8938 so as to remove Note No. 1 on said filed map and to further release the property owner, Satellite Investments, from any obligations to irrevocably offer and develop a proposed road extension from the easterly termination of Airport Drive to the property known now or formerly described as CR -11, except, however, the Town reserves the right to obtain a 30 foot wide Utility Easement for the installation of utilities (including but not limited to water, sewer, storm sewer, electric, telephone and other utilities) running from Airport Drive at a location within the bounds of the Satellite Investments property to the property now or formerly owned by the County of Dutchess and previously referred to as CR -11. 16 01/24/2005.RGM 3. The Town Board hereby delegates to the Town of Wappinger Planning Board the right to determine the proposed location of the aforementioned Utility Easement on behalf of the Town; the exact location of the Utility Easement is to be mutually agreed upon by the Town and Satellite Investments. 4. The Town Board acknowledges that the location and/or positioning of the aforementioned Utility Easement shall be determined after Final Subdivision Approval of the "Rail Trail Subdivision" and during a subsequent application to be made by Satellite Investments or its successors and assigns to the Town of Wappinger Planning Board for Site Plan Approval for those lands shown on the Subdivision Plat for the "Rail Trail Subdivision". The Town Board agrees on behalf of itself and the Planning Board that the location of the Utility Easement shall not interfere with the proposed Site Plan. The Utility Easement shall be depicted on the Site Plan and conveyed to the Town simultaneously with the Chairman of the Planning Board signing the Site Plan Map. 5. The Town Board hereby authorizes Supervisor Joseph Ruggiero to execute any and all documents necessary to implement the terms and conditions of this Resolution and to specifically authorize the Supervisor to sign the Agreement between the Town of Wappinger and Satellite Investments in the form attached hereto marked and designated Exhibit "A". 6. The Town Board hereby agrees to accept the 30 foot wide Utility Easement after the determination of its location as mutually agreed upon by Satellite Investments and the Planning Board without any further action by this Board and further authorizes Supervisor Joseph Ruggiero to execute any and all instruments necessary to have said Utility Easement recorded in the Office of the Dutchess County Clerk. 7. The Town Board further acknowledges that the obligation of Satellite Investments to grant the 30 foot wide Utility Easement as above-described will terminate within ten years in the event construction has not commenced for the proposed water line to be constructed by the Dutchess County Water and Wastewater Authority along the former CR -11 from the Town of Poughkeepsie to the Town of East Fishkill. 17 01/24/2005.RGM 8. The Town Board further acknowledges that Satellite Investments shall be under no obligation to install any water lines or utilities through the Utility Easement. The Town Clerk is hereby directed to forward a copy of this Resolution to the Planning Board of the Town of Wappinger. 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 UNANIMOUS CONSENT Councilwoman McCarthy moved to place Resolution 2005-18 and Resolution 2005-19 on tonight's Agenda, seconded by Councilman Valdati and unanimously carried RESOLUTION NO. 2005-18 RESOLUTION AUTHORIZING BUDGET TRANSFERS The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS THE Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain budget transfers hereby amending the Town budget as set forth in a letter dated January 24, 2005 from Jerry Terwilliger, Comptroller, to Supervisor and Town Board Members. 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 authorizes the following budget transfers hereby temporarily amending the Town of Wappinger Budget adopted for the calendar year 2005: Increase B1120 Non Property Tax Dist. By County Increase B1900.500 Education Expenses The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Robert Valdati, Councilman Voting Vincent Bettina, Councilman Voting Maureen McCarthy, Councilwoman Voting Joseph Paoloni, Councilman Voting The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-19 W $7,500 $7,500 Aye Aye Absent Aye Aye F-1 01/24/2005.RGM RESOLUTION DELEGATING TO THE SUPERVISOR OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, THE POWER TO SELL NOT EXCEEDING AN AGGREGATE $300,000 TAX ANTICIPATION NOTES OF SAID TOWN IN ANTICIPATION OF THE COLLECTION OF UNCOLLECTED REAL PROPERTY TAXES LEVIED FOR THE CURRENT FISCAL YEAR The following Resolution was offered by Councilman Paoloni, who moved its adoption, seconded by Councilwoman McCarthy. Be it RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Subject to the provisions of the Local Finance Law, the power to authorize the issuance o and to sell not exceeding an aggregate $300,000 tax anticipation notes of the Town of Wappinger, Dutchess County, New York, including renewals thereof, in anticipation of the collection of unpaid real property taxes levied for the fiscal year ending December 31, 2005, is hereby delegated to the Supervisor of said Town, the chief fiscal officer thereof. Section 2. The tax anticipation notes herein authorized or any portion thereof, 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 3. This resolution shall take effect immediately. 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, 7:45 p.m., Councilwoman McCarthy moved to go into Executive Session in order to conduct interviews for Recreation, Planning Board and Zoning Board of Appeals, seconded by Councilman Paoloni and unanimously carried. Councilman Bettina arrived for the Executive Session Meeting at 8:25 p.m. The Meeting reconvened at 9:15 p.m. with all Board Members in attendance. RESOLUTION NO. 2005-13 RESOLUTION APPOINTING RECREATION COMMISSION MEMBER The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. 19 01/24/2005.RGM WHEREAS, the Wappinger town Board has conducted interviews for the purpose of appointing a member to the Town of Wappinger Recreation Commission; and WHEREAS, the Wappinger Town Board has found James Chappas to be the individual capable of filing the vacancy on the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that James Chappas is hereby appointed to the Town of Wappinger Recreation Commission. 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 Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-14 RESOLUTION APPOINTING PLANNING BOARD MEMBER Councilman Bettina offered the name of June Visconti to serve as a member of the Planning Board, seconded by Councilman Valdati. Councilman Paoloni moved to table this motion seconded by Councilwoman McCarthy. Roll Call Vote Supervisor Ruggiero voting Aye Councilman Valdati voting Nay Councilman Bettina voting Nay Councilwoman McCarthy voting Aye Councilman Paoloni voting Aye Motion Carried RESOLUTION NO. 2005-14 RESOLUTION APPOINTING PLANNING BOARD MEMBER The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Wappinger Town Board has conducted interviews for the purpose of appointing a member to the Town of Wappinger Planning Board; and WHEREAS, the Wappinger Town Board has found Bill Kickham and Al Weitlich to be the individuals capable of filing the vacancy on the Wappinger Planning Board. NOW, THEREFORE, BE IT RESOLVED, that Bill Kickham and Al Weitlich are hereby appointed to the Town of Wappinger Planning Board The foregoing was put to a vote which resulted as follows: 20 01/24/2005.RGM Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-15 RESOLUTION APPOINTING ZONING BOARD OF APPEALS MEMBER Councilman Bettina offered the name of Gerald diPierno as a member of Zoning Board of Appeals, seconded by Councilman Valdati. Councilman Paoloni moved to table this motion, seconded by Councilwoman McCarthy. Supervisor Ruggiero voting Aye Councilman Valdati voting Nay Councilman Bettina voting Nay Councilwoman McCarthy voting Aye Councilman Paoloni voting Aye Motion Carried RESOLUTION NO. 2005-15 RESOLUTION APPOINTING ZONING BOARD OF APPEALS MEMBER The following Resolution was introduced by Supervisor Ruggiero and seconded by Councilman Paoloni. WHEREAS, the Wappinger Town Board has conducted interviews for the purpose of appointing .a member to the Town of Wappinger Zoning Board of Appeals; and WHEREAS, the Wappinger Town Board has found Howard Prager and Jennifer Riley to be the individuals capable of filing the vacancy on the Zoning Board of Appeals. NOW, THEREFORE, BE IT RESOLVED, that Howard Prager and Jennifer Riley are hereby appointed to the Town of Wappinger Zoning Board of Appeals. 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 Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted NEW BUSINESS 21 01/24/2005.RGM Councilman Valdati wished to thank the Highway Superintendent Graham Foster and his men for the excellent job they did cleaning up the roads during the last snow storms. He also wished to know if the Highway Superintendent needs help during snow storms for wing man to help them out, is it possible that the recreation people could help. Supervisor Ruggiero replied that it would be up to the Highway Superintendent. He does have a list of people that he works with that have been available in the past. Councilman Bettina wished to thank Mike Murphy and all the others responsible for getting the guide rails installed in Chelsea. Councilman Paoloni was approached by a constituent in regard to installing a traffic circle on All Angels Hill Road and Route 376. He wished to know how one would go about getting one. Supervisor Ruggiero explained that we are presently working with an Engineer from the New York State DOT who is looking at a situation on Kent Road. He will bring this up at their next meeting. Councilman Bettina wished to have Supervisor Ruggiero send a letter to the DOT to set up a meeting for lowering the speed limit on Chelsea Road to 35 mph. Councilman Valdati wished to know when we could anticipate the vote for the referendum for Cranberry. Supervisor Ruggiero replied he did not know yet. Once we actually vote on it, there is a set date once we pass the Resolution. We must have a public information meeting first. Councilman Bettina wished to get the pros and cons on this matter There was no other business to come before the Town Board. Councilman Paoloni moved to close the Town Board Meeting, seconded by Councilwoman McCarthy and unanimously carried. The meeting adjourned at 9:25 p.m. 22 V' � � Glori ors Y Town Clerk 0 Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (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. Cox of ---- Wappinger-- - --- -------------- ----- - Town---------- ---------------------- - Local Law No. --------- #1 of the year 20-05- A local law _gp4t-it_jed 0-A5._ Alocallaw_entitled "Local Law No. of the Year 2005, Amending the (I—,n Title) _Procurement_Policy_ of the Town of Wappinger" -------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- Be it enacted by the ______Town Board Bady) ---------------------------- ------------------------------- ------ of the (NmneofLegklative My Town °f---WaPpiug�-------------------------------------- ------------------------- -------- as follows: e TEXT COMMENCES ON THE NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) ll� LOCAL LAW #i OF THE YEAR 2005 A Local Law entitled "Local Law No. iii of the Year . 2005 Amending the Procurement Policy of the Town of Wappinger". 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 No. #1 of The Year 2004 Amending the Procurement Policy of the Town of Wappinger". Section 2. Legislative Intent: The Town Board of the Town of Wappinger has reviewed its annual Procurement Policy as required by § 104-b of the General Municipal Law and has determined that it is in the best interests of the'! Town to increase the limits set forth in the Procurement Policy. Section 3. Amendment to Procurement Policy: Chapter 46 (Procurement Policy) is hereby amended as follows: "A. Every purchase made will be initially reviewed to determine whether it is a purchase contract or a public works contract. Once that determination is made, a good faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service or project is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. The following items are not subject to competitive bidding pursuant to §103 of the General Municipal Law and are addressed further in Section G herein: • Purchase contracts under Ten Thousand Dollars ($10,000.00); • Public Works contracts under Twenty Thousand Dollars ($20,000.00); • Emergency purchases and contracts pursuant to General Municipal Law §103(4); • Goods purchased from agencies for the blind and severely handicapped; CADocuments and Settings\GinaMAPPINGEMLocal Settings\Temporary Internet Files\01-K1A\Locallaw.doc Revised December 3, 2004 • Goods purchased from correctional institutions; • Purchases under State and County contracts; • Surplus and second-hand purchases from another governmental entity; and • Professional and technical services. B. The decision that a purchase is not subject to competitive bidding will be documented in writing by the Department Head making the purchase. This documentation should include at a minimum written or verbal quotes from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt or a memo from the purchaser detailing the circumstances which led to an emergency purchase. C. All goods and services, except those goods and services purchased through a County or State contract, from agencies for the blind or severely handicapped, from correctional institutions or purchases pursuant to Subsection G of this policy, will be secured by use of written requests for proposals, written quotations, verbal quotations or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided. D. Method of Purchase. (1) The following method of purchase will be used in order to achieve the highest savings for purchase contracts under Ten -Thousand Dollars ($10,000.00) and public works contracts under Twenty- Thousand Dollars ($20,000.00), except for goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under State and County contracts, or except for purchases or services pursuant to Subsection G of this policy: Estimated Amount Of Purchase Contract $0 to $500.00 $501.00 to $1,250.00 Method Purchase Order signed only by Department Head. Purchase Order signed by Department Head and countersigned by Town Supervisor; no counter- signature of Supervisor is required for Highway Department purchases if CADocuments and Settings\Gina.WAPPINGER\Local Settings\Temporary Internet Files\0LK1A\LocaIIaw.doc Revised December 3, 2004 Purchase Order is signed by Highway Superintendent. $1,250.01 to $5,000.00 2 verbal quotations; Purchase Order signed by Department Head and counter -signed by Supervisor $5,000.01 to $9,999.99 3 written/fax quotations or written request for proposals; Purchase Order signed by Department Head and counter -signed by Supervisor $10,000.00 and over formal bid pursuant to General Municipal Law § 103 Estimated Amount of Public Works Contract Method $0 to $500.00 Purchase Order signed only by Department Head. $501.00 to $1,250.00 Purchase Order signed by Department Head and countersigned by Town Supervisor; no counter- signature of Supervisor is required for Highway Department purchases if Purchase Order is signed by Highway Superintendent. $1,250.01 to $5,000.00 2 verbal quotations; Purchase Order signed by Department Head and counter -signed by Supervisor $5,000.01 to $10,000.00 3 written/fax quotations or written request for proposals; Purchase Order signed by Department Head and counter -signed by Supervisor CADocuments and (Settings\GinaNAPPINGER\Local Settings\Temporary Internet Files\01-MMIocallaw.doc Revised December 3, 2004 $10,000.01 to $19,999.99 3 written/fax quotations or written request for proposals; Purchase Order signed by Department Head and counter -signed by Supervisor $20,000 and over Formal bid pursuant to General Municipal Law § 103 (2) A good faith effort shall be made to obtain the required number of alternate proposals. If the purchaser is unable to obtain the required number of alternate proposals, the purchaser will document the attempt made at obtaining the proposals. But, in no event, shall the failure to obtain the proposals be a bar to the procurement. E. Documentation is required of each quotation or proposal taken in connection with each procurement. F. Documentation and an explanation is required whenever a contract is awarded to other than the lowest responsible bidder. This documentation will include an explanation of how the award will achieve savings. The purchaser will be responsible for determining if the bidder is responsible. G. Pursuant to General Municipal Law Section 104-b(2)(0 the solicitation of alternative proposals or quotations will not be required in the best interest of the municipality in the following circumstances where proper qualifications are not necessarily found in the individual or company that offers the lowest price and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures: (1) Professional services or services requiring special or technical skill, training or expertise. The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity and moral worth. In determining whether a service shall fit into this category, the individual making the purchase shall take into consideration the following guidelines: (a) whether the services are subject to state licensing or testing requirements; (b) whether substantial formal education or training is a necessary prerequisite to the performance of the services; and CADocuments and Settings\GinaMAPPINGERlocal Settings\Temporary Internet Files\01-MA\l_ocallaw.doc Revised December 3,'12004 (c) whether the services require a personal relationship between the individual and municipal officials. Professional and technical services shall include but not be limited to the following: services of an attorney; services of a physician; technical services of an engineer or architect or surveyor engaged to prepare plans, maps and estimates; securing insurance coverage and/or services of an insurance broker; services of a certified public accountant/ auditors; investment management services; financial advisors; emergency medical/ambulance operators; labor negotiators; printing services involving extensive writing, editing or artwork; management of municipally owned property; planning consultants; and computer software or programming services for customized programs or services in substantial modification and customizing of pre-packaged software. (2) Emergency purchases pursuant to §103(4) of the General Municipal Law. Due to the nature of this exception, these goods or services must be purchased immediately and a delay in order to seek alternate proposals may threaten life, health, safety or welfare of the residents. This section does not preclude alternate proposals if time permits. j (3) Purchases of surplus and second-hand goods from any source. If alternate proposals are required, the Town is precluded from purchasing surplus and second-hand goods at auctions or through specific advertised sources where the best process are usually contained. It is also difficult to try to compare process of used goods and a lower price may indicate an older product. (4) Goods under $500.00 and public works contracts less than $1,000.00. The time and documentation required to purchase through this policy may be more costly than the item itself and therefore not be in the best interest of the taxpayer. In addition, it is not likely that such de minimis contracts would be awarded based on favoritism. H. No portion of this Local Law shall be construed as preventing the competitive bidding of purchase contracts under $10,000 or public works projects under $20,000, if so desired. I.This policy shall be reviewed annually by the Town Board at its organizational meeting or as so thereafter as is reasonably practicable. Ji This Local Law shall take effect immediately." CADocuments and Settings\Gina.WAPPINGER\Local Settings\Temporary Internet Files\OLK1A\Local1aw.doc Revised December 31 2004 Section 4. Separability: If any part or provision of this Local Law or application thereof to any person or circumstance shall be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part of the provision or application directly involved in s the controversy in which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town of Wappinger hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. Section 5. Effective Date: This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. CADocuments and Settings\Gina.WAPPINGER\Local Settings\Temporary Internet Files\01-K1A\Locallaw.doc Revised December 3, 2004 (Complete the certification in the paragraph that applies to the filing 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. --------- #-I ----------------------- of 20.U__ of the (Town)(VXW) of----MappingeL_____________________________________________ was duly passed by the town_ Board______________________ on_Jan.__ 24----- 2005_, 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 r.. 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 ChiefEsecutive Officer-) in accordance with the applicable provisions of law. 3. Final adoption l referendum ( P Y •) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20------ ( Y)( Y)(Town)(Village) of----------------------------------------------------------------- was duly passed by the of the Count y--- - on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the ________________________________________________ on ------------------- 20----. Such local law was submitted (Elective ChiefEsecutive 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 ------------------ 20L--- , 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 I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20 ------ of the(County) Cit (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 ChiefEsecutive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20L___ , 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 Horne 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 ------ 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 Il, have compared the preceding local law with the original on file in this office and that the same is a correct transcripttherefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph -----I -----, above. Clerk 'f tfie County l islati body, City own or Village Clerk or officer designated by Igeal legislative, y GLORIA MORSI ; � Town Clerk (Seal) Date: (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 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 ajiil#Xed hecto. Signature Albert P. Roberts — Attorney to the Town Title WM of Wappinger Town Date: (3) Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (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. WPM Qbm of-------WAFTINGER------------------------------------------------------------ - ---- Town age Local Law No. -----#2---------------------------- of the year 20.05-- A local law_-au-tita.ad__"Lo-caL_Bala__#2__af__2005.r_amendi.ng--the--Town-erode-.---------------- (Iasert Tide) Section__240-20,__ of _-the _Townof_ Wa�p]ngex__�Qnizlg_La�t,__ Access and Reguired__Stree t_ Fron�age------------- -------------------------------------- ----- ------------- Be it enacted by the ------------------------ TIONN-IQAU------------------------------------------------ of the (Name 4Legislatrve Body) OULN4 )NW of -------- WAHINGER------------------------------------------------------------------ as follows: Town mme TEXT COMMENCES ON NEXT.PAGE jr additional space is needed, attach pages the same size as this sheet, and number each.) (1) DOS -239 (Rev. 11/99) TOWN OF WAPPINGER LOCAL LAW # 2 OF THE YEAR 2004 A Local Law entitled "Local Law #2 of 2005, amending Section 240-20 of the Town of Wappinger Zoning Law, Access and Required Street Frontage." 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 # 2 of 2005, amending Section 240-20 of the Town of Wappinger Zoning Law, Access and Required Street Frontage." Section 2: Legislative Intent The intent of the proposed Local Law is to alleviate and permit an alternative to the problems caused by the existing and inflexible requirements that all lots must derive access over its own property. The requirement is unnecessarily restrictive and is directly contrary to good land use planning practice and with the principles, recommendations and guidelines contained in Greenway Connections. It results in: a maximum number of curb cuts and traffic conflict points; reduced traffic and pedestrian safety and capacity; is wasteful of land; requires avoidable and unnecessary disturbance to land; increases stormwater runoff and pollution; and contributes to other environmental and aesthetic problems. The intent of the proposed amendments is to amend the requirement restricting each lot to take access over its own frontage and to authorize the Planning Board to allow or require common driveways and cross access easements, under certain circumstances and subject to certain conditions, where deemed beneficial and in the Town's best interest. Section 3: § 240-20.A of the Zoning Law shall be revised to read as follows: "A. Minimum frontage required. No building permit shall be issued for the establishment of any use or construction of any structure unless the street or highway giving access to said use or structure has been suitably improved to Town road standards or a bond posted therefor, in accordance with the provisions of §§ 280-a.1 and 2 of the Town Law. Further, for the purposes of this paragraph, "access" shall mean that the lot on which said use or structure is proposed has frontage on said street or highway sufficient to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles ul accordance with the provisions of § 280-a.5 of the Town Law. Said lot frontage shall be at least fifty (50) feet in length and the actual access to said use or structure shall be over said frontage, except that the Planning Board may permit or require common driveways and cross access easements subject to the following findings and conditions: (1) It shall be demonstrated that each single-family residential lot is capable of independent access over its own frontage. (2) All common driveways and/or access over an adjacent lot or lots shall require a common driveway easement, construction plan and maintenance agreement approved by the Planning Board and the Town Attorney and filed with the Dutchess County Clerk's Office. (3) All relevant subdivision plats and site development plans shall include a notation referencing the required common driveway easement, construction plan and maintenance agreement. (4) The Planning Board must find that use of a driveway easement and/or a common driveway will result in one or more of the following: a. A reduction in the number of curb cuts; b. Avoidance or minimization of unnecessary land disturbance; c. Minimization of the need for the construction of new, short dead-end roads to serve single-family residential lots; d. Protection, maintenance or improvement of the environment, community character, or safety or operation of vehicular and pedestrian traffic; e. Consistency with or implementation of the statement of policies, principles and guidelines in `Greenway Connections'. (5) Not more than three (3) lots shall be served by a single common driveway. 2 (6) All common driveways shall, at a minimum, meet the construction standard in Attachment 6:1 of this chapter. (7) The property owner shall be required to record in the Dutchess County Clerk's Office a Declaration of Covenants and Restrictions acceptable to the Planning Board and the Attorney to the Town governing the use, maintenance and operation of the common driveways. The Declaration of Covenants and Restrictions shall contain, at a minimum, provisions that will impose a Permanent Easement for as long as the common driveway is used by two (2) or more lots, provide for standards of construction and maintenance of the common driveway, provide for the prompt removal of obstructions of the common driveway, provide for the continued maintenance and upkeep of the common driveway as well as the share of the costs thereof, and provisions for the enforcement of the Declaration including the recovery of legal fees associated with any successful enforcement proceedings. (S) The proposed Declaration of Covenants and Restrictions shall be submitted to the Planning Board and approved by both the Planning Board and the Attorney to the Town prior to or simultaneously with the Planning Board's Resolution of Final Subdivision Plat Approval or, if no subdivision approval is required, prior to the issuance of a driveway permit by the Town of Wappinger Highway Superintendent. If the common driveway is proposed in connection with new lots created by subdivision, the Declaration of Covenants and Restrictions shall be recorded simultaneously with the filing of the Subdivision Plat in the Dutchess County Clerk's Office." Section 4. The attached construction detail entitled Minimum Standards: Common Driveway is hereby incorporated into Chapter 240, Zoning, as Attachment 6:1. Section 5. 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. 3 Section 6: 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 7: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. 4 (Complete the certification in the paragraph that applies to the filing 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. -R ------------------------------ of 20--05- of the (Ca�) W)(Town)(Milka) aPp - - was duly passed by the --_SnuiL_B ard---------------------------- on -January -24 20 {35, in accordance with the applicable provisions of law. (Nance of Legislative Body) irr 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 afLegislative 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 (Count y)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name cflegislative 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------------------ 2a--- , in accordance with the applicable provisions of law. i 4. (Subject to permissive referendum and final adoption because no valid petition was tiled requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(Ci ty)(Town)(Village) of----------------------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved) (repass ed after (Name afLegishvive Body) , disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to (Elective Chief E.cecutive Officer") permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20---- , 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.) ._-- of 20------ I hereby certify that the local law annexed hereto, designated as local law No. ------------------------------- of the City of --------------------------- ----------------- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Horne Rule Law, and having received the affirmative vote of a majority of the l qualified electors of such city voting thereon at the (speclal)(genera) election held on------------------- 20----, became operative. 6, (County local law concerning adoption of Charter.) hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ 6,df 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 ---I--------, above. (Seal) C Ar -- of 11 e County or officer designated Date:- (Certification ate: or Village Clerk (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK^ 6COU= OF I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been hart nr taken fnr the Pnnctrnent of the local law annexed hereto. C -aunty_ Of Town Vitt l.�Date: l (3) I'IV, 0�� Town Board Correspondence Log Document # To From Date Received Re Agenda 2004CL-0199 Ms. Sharon Eggert Mr. Albert Roberts Town 1/5/05 1/07/05 Giggles World Corp. v. Town of Wappinger, et al 1/24/2005 2004CL - 0200 Town Board and Town S Patricia Maupin, Tax Rec 12/01/04 1/11/05 Monthly Report for the month of December 1/24/2005 2004CL - 0201 Supervisor Joseph Ruggie Carl Wolfson, Town Justi 1/5/05 1/10/05 Monthly Report for the month of December 2004 1/24/2005 2004CL - 0202 David G. Koch, Esq. Emanuel F. Saris 1/7/05 1/10/05 Wappingers Associates v. Town of Wappinger 1/24/2005 2004CL - 0203 Joseph Ruggiero, Supervi Graham Foster, Highway 12/29/04 12/29/04 Common Driveways 1/24/2005 2004CL - 0204 Gloria Morse, Town Cler Tatiana Lukianoff, Zonin 1/3/05 1/05/05 Schedule of maintenance Bonds for the month of D 1/24/2005 2004CL - 0205 Joseph Ruggiero, Supervi Joseph Kovalsky, Emerge 1/05/05 Weekly Report from 12/27/04-1/02/05 1/24/2005 Wednesday, January 19, 2005 Fage i or i 01/24/2005.PH A Public Hearing was held by the Town Board of the Town of Wappinger on January 24. 2005 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on a proposed Local Law Amending Code Section 240-20 Wappinger Zoning Law, for Common Driveways. Supervisor Ruggiero opened the Public Hearing at 7:43 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived at 8:25 p.m.) Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Absent: Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavits of Posting, Publication and Mailing 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. There were none. Councilman Paoloni moved to close the Public Hearing, seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 7:44 p.m. 0 � l loria se Town 1 k TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW AMENDING TOWN CODE SECTION 240-20 WAPPINGER ZONGIN LAW COMMON DRIVEWAYS STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on January 12, 2005 your deponent posted a copy of the attached notice of Public Hearing on the sign board 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. GLORIA JRSE Town Cle Town of Wappinger Sworn to before me the 1.3 day of a f, 2005 N TARY OUBLIC JENNIFER D HANNON Notary Tres public, State of New York Residing in Ulster Registration,,,, bounty MY Commission Ex 6107855 p April 12, 20 t7$" >i.)UTFIERN rIEW 84 E -:Au; I I'°1A l:I'"d -STREET WriPPT.NGER'.S FALLS, 111'`t 1v-'' 90 A -F -if �Lcf.��i. t +>-F FD, ub1. i�atic>n WAP' If,Ji;EF� r ALL_`3 ; P•I'r" 12590 Re, L c- �l ci ..E. 1"I O t.:l i�: �; 46i__,507 of PdEtJ 1ORk C(Dunt,`y' cA` I_)(lT(_:HE.5;5 } NOTICEOFPUBLICHEARING AMENDMENT OF THE TOWN I , T I ISA FIE_ATf-1 } t 1 ri0 i_lll l S WC) I- 11 , dePC)Se a 11d ZONING CODE TOWN OF WAPPINGER say t l"tat. 1 aiIn the BtDOKKEEPI R (:>t Scx,lthe-1-n NOTICE IS HEREBY GIVEN the Town Board of the Town of CJt_ltcf-Ie SS I"`l :lJS , a W e,c-} ;` 1'I w' W: H;P:.=Pe,I- Of g I1E11-•�R.l Wappinger will conduct a Public Hearing on the 24th day of January, C1rt: u1at.Lc,-1I PUl.)l1sI-1Cc_f iii f4APP�1fAtoERJ FA Lf_'s 2005, at 7:30 p.m. at the Town Hall, 20 Middlebush Road, Wappinger, {. CO11.'11t;% C.I E.It_)Tl HE'C "E', stat_' -E! Ci{" f`fEW YOIF- ; and New York, at which time, all par- ties in interest and citizens shall t l l a t. , 1"1 i„) t 1 C- e a (-)-f wf 1ich 1: l"I tJ a 1 I 1 1 c x d is a have an opportunity to be heard as P'I i 11 ,�_-Cf J F 6ld du l'y' puL.iL isI) eCl L 11 4, 01.1k:.fle,r 11 to whether the Town Board of the Town of Wappinger should amend Lil..ltCf�ir�:()ri 011/12/0'.3. Section 240-20, Common Drive- ways, of the Town Code to amend.. the requirement restricting each lot to take access over its own front- age so that the Planning Board woyld be authorized to allow or require common driveways and cross access easements under certain circumstances and subject `.�1docn to f �•fo a rile t. f11.S ,E.��4th day of Jartuir`y'; c ITIS to certain conditions, where deemed beneficial and in the Town's best interest. PLEASE TAKE FURTHER NO- TICE that Town Board has deter- __ _ mined that the Proposed Action is a ALBERT 1"1 U:S I El. I'll Type I action pursuant to Article 8 of the Environmental Conservation N C t I i FLlfJI1C'tdt Jt NEWYORKLaw, Part 617 NYCRR (commonly - , P'J U 1 �1 G c Q Q 7 h, (} known as' SEQRA") via Local Law No. 6 of 1992 (the Town's environ- . mental quality review law which EJ U a 1 f 1. e (} in D U 7 1, H E S S C 0 U rl t y establishes locally designated Type .l I actions). 11Y CG111ritiSSion eXP i e:S Ori Ririe 15, 2007 PLEASE TAKE FURTHER NO- TICE that the Town Board has re- served its right to make its Deter- mination of Significance pursuant to SEQRA until the conclusion of the Public Hearing to be held on the adoption of the proposed amend- ments. PLEASE TAKE FURTHER NO- TICE that the full text of the draft proposed amendments will be available for review and inspection at the office of the Town Clerk on weekdays from. 8:30 AM to 4:00 PM. Dated: December 20, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF - WAPPINGER GLORIA J. MORSE, Town Clerk Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN ZONING CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a Public Hear- ing on the 24th day of January, 2005, at 7:30 PM at the Town Hall, 20 Mid- dlebush Road, Wappinger, New York at which time, all parties in interest and citizens shall have an op- portunity to be heard as to whether the Town Board of the Town of Wappinger should amend Section 240-20, Common Drive- ways, of the Town Code ` to amend the requirement I restricting each lot to take I access over its own front- age so that the Planning Board would be autho- rized to allow or require common driveways and cross access easements under certain circumstanc- es and subject to certain conditions, where deemed beneficial and in the Town's best interest, PLEASE TAKE FURTHER NOTICE that the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environ- mental Conservation Law, Part 617 NYCRR (commo- nly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environ- mental quality review law which establishes locally designated Type I actions - PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Deter- mination of Significance pursuant to SEQRA until the conclusion of the Pub- lic Hearing to be held on the adoption of the pro- posed amendments. PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amendments will be avail- able for review and in- spection at the office of the Town Clerk on week- days from 8:30 AM to 4:00 PM. Dated: December 30, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse Town Clerk 5102 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle 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 one insertion published in the said newspaper for weeks successively, in each week, commencing on the 12th day of Jan. in the year of 2005 and on the following dates thereafter, namely on: r.�j IG RSG SRN � 4 T% ,,!! , 1Qr and ending on the day of in the year of 2005 ,both days inclusive. Subscribed and sworn to before me this -/-?/<d of in the year of 2005 Nota Public My commission expires d �/ 01/24/2005.PH A Public Hearing was held by the Town Board of the Town of Wappinger on January 24, 2005 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on a proposed Local Law Amending the Procurement Policy of the Town of Wappinger. Supervisor Ruggiero opened the Public Hearing at 7:42 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived at 8:25 p.m.) Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Absent: Graham Foster, Highway Superintendent 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 asked if there were any question or comments from the public. There were none. Councilman Paoloni moved to close the Public Hearing, seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 7:43 p.m. d 1 Gloria J. or Town Cler TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW AMENDING THE PROCUREMENT POLICY OF THE TOWN OF WAPPINGER STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on January 12, 2005 your deponent posted a copy of the attached notice of Public Hearing on the sign board 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. pu*101764* // i •RIA J, • Town Cle- Town of Wappinger Sworn to before me the ice) day of �afv , 2005 L(� CIA (WI I A� rN &TARY[)PUBLIC JENNIFER 0. HANNON Notary Public, State of New York Residing in Ulster County Registration 4101 HA6107855 rs� My Commission Expires April 12, 2c (?U,.(i::HE NEWS 1 r IA:I N S I t:.E.T I�f-Fi-daN/it cif Pukl3 anon To WAPPINCiERS FALLS, TOWN P0. BOX 324 NOTICE OF PUBLIC HEARING .�'A_ate iu`r NEW l`Or<,} NOTOWN F WAPPINGER TICEISOHER BY GIVEN that the Town Board of the Town of - + Wappinger will conduct a PUBLIC DUTiw HE SS ' HEARING on the 24th day of Janu- ary, 2005, at 7:30 p,m, at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers I ., TINA 1"iEitTH., bei119 C31.)i:;' S'L+1Ci'( 1"I, tJeP'C'+Se c1nCi 1 Falls, New York, at which time, all i 1-ia : ). fl the k:jlJi-li\\ l i'I' � Cif Ql.lt;i"1�I"Il have anopportuntarties in interest ntobeheadacitizens s Y of the News, Ci weer<,I", 11e6� S1M�if �:.:.'I- 0f ��)'�'11v'I-u=1.�. I Town of Wappingershhallto whether the Townradopt a 1. l cit J i, y ri f -' u b .1 i i 1-i e r. -1 i i I W A P P� N la E R FALL S; proposed Local Law entitled "Local �I Law No ------ o1 The Year 2005 �" D�_!Tl�H�:`',S, teit.�, i -')'I" NEW YORK; ci11CI Amending the Procurement Policy of the Town of Wappinger t f'IcAt, a riot ice t 4J111 C-�1 t.�`1U �111�C;(c9C] 1S a PLEASE TAKE FURTHER NO- TICE that the proposed Local Law '("a 1`I 1. i CClj�f', lJ�i Ci�11`i' j llk 1.l�lctl L'11 Ct�ltfl'I 11 willincreasethebidlimitsother- wise set forth in the Procurement DI,.Jt..iJf1c:: ('IawS c)nc e iDI-1 i.:rt "� 05. Policy inthe Town Law for the pur- chases of goods or services that J otherw se setll below t forth In General Mubid s i nicipal Law §103. PLEASE TAKE FURTHER NO- TICE that the Town Board has ' tenrritred�that-MnePrePPaaed-Lecal r L wisaType Itacfign49gofined,ln Sworn to before me this 14th day of January, .'2005 i'=6�YGRR,617.,5(c)(16)aind,4c cordingly, the Town Board hereby expressly determines that this ac- tion is not an action that requires _ review pursuant to the provisions ALBERT M C)STEN .r'� I of the New York Environmental Quality Review Act (SEQRA) or Notary Public:, State. of NEW YORK pursuant to Local Law No.6of1992, or pursuant to NYCRR Part 617. No. 14-8240760 82407 E ll PLEASE TAKE FURTHER NO- TICE the full text of the proposed Qualified in OUTCHESS CGurlty Local 'Law "will beavailable for re- view and inspection at the oft ice of 11v c-ommi.ss.ion >?xpi eS Ori Jurie 15, 2007 the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: December 13, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAP PIER GLORIA J. MORSE, Town ClNGerk T� NOTI GIVE the will HEAR of JE p.m. Town pingers which t interest have an heard a Town B of Wapl a propos titled "L of the Y Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF 3LIC HEARING OF WAPPINGER IS HEREBY ie Town Board of in of Wappinger' educt a PUBLIC on the 24th day ry 2005, at 7:30. the Town Hall, Wappinger, 20 sh Road, Wap_ alls, New York, at ie, all parties in nd citizens shall oPPO rtunity to be to whether the rd of the Town Iger shall adopt d Local Law en. tal Law No. ar 2005 Amend- cy of thy Town of Wap- pmger." PLEASE TAKE FURTHER NOTICE that the proposed Local Law will increase the bid !limits otherwise set forth lin the .Procure- ment Policy in the Town Law for he purchases of goods or ,services that fall below th monetary bid limits oth rwise set forth in Genera Municipal Law Subsection 103. PLEASE TAKE FURTHER - NOTICE that the Town Board has !determined that the proposed Local Law is a Type 11 action as defined '. in 6 NYCHR, 617.5(c)(76) and, accordingly, the Town Board hereby ex. pressly determines that . this action Is not an action that requir s review pur, suant to the provisions of the New York Environ- mental Qua ity Review Act IS o pursuant to Local Law o. 6 of 1992, or pursuant to NYCRR Part 617. PLEASE TAKE FURTHER' NOTICE the full text of the proposed L cal Law will be availabl for review and inspection at the of. fice of the ''own Clerk on weekdays from 8:30 a.m. to 4:00p.m. at the Town Hall, 20 Mid lebush Road, Wappingers Falls, New York. Dated: De ember 13, 2004 BY ORDER OF THE TOWN BOA D OF THE TOWN OF WA PPINGER GLORIA J. MCRSE, TOWN CLERK 5103 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle 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 forne insertweeks successively, in each week, commencing on the 12th day of ,Ian. in the year of 2005 and on the following dates thereafter, namely on: and ending on the day of in the year of 2005 ,both days inclusive. c Sub ed and sworn to before me this 3'day ` of in the year of 2005 V�O Gael Nota Public My commission expires