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2004-06-14 RGMMonday, June 14, 2004 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to Flag Suspension of Rules for Public Comment on Agenda Items Public Hearing: • Public Hearing for MacFarlane Road Stop Sign • Public Hearing for the Extension of the Fleetwood Water District • Public Hearing for Fee Schedule Discussions: • Highway Truck -Memo from Graham Foster • 74 Losee Road Water Connection • Ritter/Marsh Water Proposal Resolutions: 2004-186 Resolution Authorizing Change Order No. 1 for Wappinger Park Water Improvement 2004-190 Hold 2004-198 Hold 2004-199 Resolution Authorizing Escrow Transfer for 4 Lindsey Court 2004-200 Resolution Authorizing Purchase Order for Summer Camp 2004-201 Resolution Authorizing Purchase Order for Swim Program 2004-202 Resolution of Support for Grant for Carnwath Farms 2004-203 Resolution Authorizing Zoning Administrator and Deputy Zoning Administrator to Attend Training 2004-204 Resolution Authorizing Escrow Refund for 36 Middlebush Road 2004-205 Resolution Authorizing Escrow Refund for 55 Gold Road 2004-206 Resolution Authorizing Escrow Refund for 26 Hillcrest Court 2004-207 Resolution Authorizing Escrow Refund for 114 Old Route 9 2004-208 Resolution Authorizing Escrow Refund for 89 Widmer Road 2004-209 Resolution Authorizing Escrow Refund for 14 Caroline Drive W 2004-210 Resolution Authorizing Local Law for MacFarlane Road Stop Sign 2004-211 Resolution Authorizing Extension of Fleetwood Water District 2004-212 Resolution Authorizing Local Law Amendment to Fee Schedule Unanimous Consent 2004-213 Resolution Authorizing Budget Transfer New Business/Comments Executive Session Carnwath Farms Atlas Well Fields 06/14/2004.WS A Meeting of the Town Board of the Town of Wappinger was held on June 14, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 6:40 p.m. Present: Robert Valdati) Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Absent: Joseph Ruggiero, Supervisor Vincent Bettina, Councilman SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS. Councilwoman McCarthy moved to suspend the Rules for Public Comment on agenda items, seconded by Councilman Valdati and unanimously carried. • Public Hearing for MacFarlane Road Stop Sign. • Public Hearing for Extension of the Fleetwood Water District • Public hearing for Fee Schedule DISCUSSION: • Highway Truck -Memo from Graham Foster. Mr. Foster explained that when they began work on truck #12 to replace the clutch, they noticed that the firewall and floor of the cab was completed rusted out. They have been trying to locate a replacement cab without success. The truck is a 1987 International that was originally scheduled for replacement in 2002, but due to budget constraints was not replaced The estimated cost to replace the truck would be $90K and there is no money in his budget. Mr. Foster would like permission to go to bid for a replacement for truck #12 as soon as possible. Mr. Valdati requested Mr. Foster to send his data to the Comptroller so he can prepare figures for the meeting of the 28th. At this time Mr. Foster requested the Town Board to allow him to go to bid, which would allow him to get part of the process done, and by the next meeting he would have a figure for the board to consider. Councilman Valdati moved to allow Mr. Foster to go out to Bid for the Highway Truck at this time, seconded by Councilwoman McCarthy and unanimously carried. 1 06/14/2004.WS • 74 Losee Road Water Connection. Eric Gardell of Gardell Associates Engineering explained that he is in the process of preparing a plot plan for a single family home for his client at the above address. He understands this parcel is not in a water district and access to the water main is only granted on an individual basis. In light of the reports of failed wells and polluted wells in the area and wells which produce unsatisfactory quality and quantity of water, he is requesting permission for his client to access the water main on Losee Road to provide water for this single family residence. The Board explained that water is prioritized to people in the district who are experiencing problems with their water. Discussion followed. The Board explained that before they can grant tenancy to the town water, they needed a commitment from the owner of 74 Losee Road that only one home be built on the property. • Ritter/Marsh Water Proposal. Due to the poor quality of the well water supplying the Heart Acura site, Mr. Marsh of Heart Acura has requested that the Heart Acura site located at 1271 Route 9, Wappingers Falls, be granted permission to connect to Town owned water. Mr. Marsh was informed by Mark Ritter of North American Home Equities, the proposed developer of the property to the immediate north of Heart Acura, that his site is within the Town sewer system but not in the Town water system and Mr. Ritter has requested connection to the Town water system. If both of their requests are granted, then the Heart Acura site can be connected to the water and sewer lines through the Ritter parcel. All the costs would be assumed by the two new residents of the district. Discussion followed. Councilman Valdati moved to authorize Jay Paggi, Engineer to the Town to amend the Map, Plan and report for Wappinger Park to allow these two businesses to be part of that district, seconded by Councilwoman McCarthy and unanimously carried. RESOLUTION NO. 2004-186 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 FOR PROPOSED WAPPINGER PARK WATER IMPROVEMENT CONTRACT 97-003(85) The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, the Engineers to the Town, Paggi, Martin & DelBene have approved Completion Change Order No. 1 for Wappinger Water 2 06/14/2004.WS Improvement Area -Contract 97-003(85) as per a letter dated May 14, 2004, a copy of which is attached hereto. NOW, THEREFOR, 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 Completion Change Order No. 1 to Wappinger Water Improvement Area -Contract No. 97-003(85) at a cost of One Thousand, Eight Hundred and 00/100 Dollars ($1,800) for reasons set forth in the letter dated May 12, 2004 from Joseph E. Stankavage of Paggi, Martin & DelBene to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent 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. 2004-199 RESOLUTION AUTHORIZING ESCROW TRANSFER FOR 4 LINDSEY COURT The following Resolution was introduced by Councilwoman McCarthy, an seconded by Councilman Valdati. WHEREAS, on or about January 22, 2004, Leigh Ann Gustin deposited One Thousand, Five Hundred and 00/100 Dollars ($1,500.00) to the Town of Wappinger for a driveway escrow for the property located at 4 Lindsey Court; and WHEREAS, Leigh Ann Gustin has requested that One Thousand, Five Hundred and 00/100 Dollars ($1,500.00) be transferred to a driveway escrow for the property located at 4 Lindsey Court. Now, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth re incorporated in this Resolution as if fully set forth and adopted herein. 2. A transfer is approved in the amount of One Thousand, Five Hundred and 00?100 Dollars ($1,500.00) from seeding escrow to a driveway escrow for the property located on 6 Lindsey Court in accordance with a letter from Building Inspector, George Kolb dated May 12, 2004. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman 3 Voting Absent Voting Aye Voting Absent 06/1412004.WS Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-200 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR TOWN RECREATION DEPARTMENT The following Resolution was introduced by Councilman McCarthy and seconded by Councilman Valdati. WHEREAS, the recreation committee has requested a purchase order for the use of the Wappingers Central School District's Transportation services for the summer playground and swim program, and WHEREAS, the Recreation Committee has requested a purchase order in the amount of Ten Thousand and 00/100 ($10,000) payable to Wappingers Central School District. 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. A purchase order is hereby authorized in the amount of Ten Thousand dollars and 00/100 ($10,000.00) payable to Wappingers Central School District from Account B-7310.4, in accordance with a letter dated June 2, 2004 from Ralph Holt, Recreation Chairman to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent 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. 2004-201 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR TOWN RECREATION DEPARTMENT The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, the Recreation Committee has requested two purchase orders in the total amount of $4,750.00 for the use of Deer Hill Center's pool facilities, and F1 r I_, 06/14/2004.WS WHEREAS, the Recreation Committee has requested two purchase orders in the amount of four thousand seven hundred fifty and 00/100 ($4,750.00 ) payable to Deer Hill Center. 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. Two purchase orders are hereby authorized in the amount of four thousand seven hundred fifty and 00/100 ($4,750.00) payable to Deer Hill Center from Account B-7310.4, in accordance with a letter dated June 2, 2004 from Ralph Holt, Recreation Chairman to the Town Board. Absent Robert Valdati, Councilman The foregoing was put to a vote which resulted as follows: Vincent Bettina, Councilman Joseph Ruggiero, Supervisor Voting Absent 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. 2004-202 RESOLUTION OF SUPPORT FOR CARNWATH FARMS GRANT APPLICATION The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. NOW, THEREFORE, BE IT RESOLVED, that Joseph Ruggiero as Supervisor of the Town of Wappinger is hereby authorized and directed to file an application of funds from the Hudson River Estuary Program in accordance with the provisions of the Hudson River Estuary Management Act (11-0306 Environmental Conservation Law) in an amount not to exceed $100,000.00 and provide a 25% matching cash and/or in-kind services to funds requested and upon approval of said request to enter into and execute a project agreement with the Hudson River Estuary Program for such financial assistance to the Town of Wappinger for Carnwath Farms Development Project. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye 5 06/14/2004.WS The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-203 RESOLUTION AUTHORIZING ZONING ADMINISTRATOR AND DEPUTY ZONING ADMINISTRATOR TO ATTEND A TRAINING CLASS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, the Town Board wishes to authorize Tatiana Lukianoff, Zoning Administrator and Susan Dao, Deputy Zoning Administrator, to attend a class on July 15, 2004 in New Paltz, New York. NOW, THEREFORE, BE IT RESOLVED, that Tatiana Lukianoff, Zoning Administrator, and Susan Dao, Deputy Zoning Administrator, are hereby authorized to attend a class on July 15, 2004 in New Paltz, New York, at a cost not to exceed eighty and 00/100 ($80.00) for registration. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent 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. 2004-204 RESOLUTION AUTHORIZING ESCROW REFUND FOR 36 MIDDLEBUSH ROAD The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, on or about January 5, 2004 Jorge Sanchez deposited Three Thousand Six- Hundred and 00/100 ($3,600.00) to the Town of Wappinger for a driveway escrow for the property located on 36 Middlebush Road; and WHEREAS, has requested a refund in the amount of Three Thousand Six Hundred dollars ($3,600.00) 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 Three Thousand -six hundred and 00/100 ($3,600.00) made payable to Jorge Sanchez, Account Number 2003-0095, for the refund of unused escrow for the property located on 36 Middlebush Road. r 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. 2004-205 06/14/2004.WS Absent Aye Absent Aye Aye RESOLUTION AUTHORIZING ESCROW REFUND 55 GOLD ROAD The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, on or about February 2, 2004 Ana Thomas deposited One Thousand Five Hundred and 00/100 ($1,500.00) to the Town of Wappinger for a seeding escrow for the property located on 55 Gold Road; and WHEREAS, Ana Thomas has requested a refund in the amount of One - thousand Five- Hundred dollars ($1,500.00) 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 ($1,500) made payable to Ana Thomas, Account Number 2003-0001, for the refund of unused escrow for the property located on 55 Gold Road. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent 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- 206 RESOLUTION AUTHORIZING ESCROW REFUND FOR 26 HILL CREST COURT The following Resolution was introduce by Councilwoman McCarthy and seconded by Councilman Valdati. WHEEREAS, on or about April 12, 2004 John Goetz deposited Two Thousand Five Hundred and 00/100 ($2,500.00) to the Town of Wappinger for a seeding escrow for property located on 26 Hillcrest Court; and 7 06/14/2004.WS WHEREAS, John Goetz has requested a refund in the amount of One - thousand Five -Hundred dollars ($1,500.00). 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 ($1,500) made payable to John Goetz, Account Number 2003- 1569, for the refund of unused escrow for the property located on 26 Hillcrest Court. Voting Absent The foregoing was put to a vote which resulted as follows: Aye Joseph Ruggiero, Supervisor Voting Absent 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. 2004-207 RESOLUTION AUTHORIZING ESCROW REFUND FOR 114 OLD ROUTE 9 The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati WHEREAS, on or about March 7, 2002 Eduardo Lauria, deposited Five - Thousand and 00/100 ($5,000) to the Town of Wappinger for a subdivision escrow for the property located on 114 Old Route 9; and WHEREAS, has requested a refund in the amount of Three Thousand Three Hundred Fifty Nine dollars and 00/50 ($3359.50) 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 Three Thousand Three Hundred Fifty Nine and 00/50 ($3,359.50) made payable to Eduardo Lauria Account Number 02-5054, for the refund of unused escrow for the property located on 114 Old Route 9. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye 06/14/2004.WS The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-208 RESOLUTION AUTHORIZING ESCROW REFUND FOR 89 WIDMER ROAD The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, on or about April 2, 2004 Diane Johnson deposited Two Thousand Five Hundred and 00/100 ($2,500) to the Town of Wappinger for a seeding escrow for the property located on 89 Widmer Road; and WHEREAS, Diane Johnson has requested a refund in the amount of One Thousand Five Hundred dollars ($1,500) 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 ($1,500) made payable to Diane Johnson, Account Number 2003-0666, for the refund of unused escrow for the property located on 89 Widmer Road. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent 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. 2004-209 RESOLUTION AUTHORIZING RETURN OF APPLICATION FEE FOR 14 CAROLINE DRIVE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, on or about May 24, 2004 John T. Johnson deposited Fifty and 00/100 ($50.00) to the Town of Wappinger for a building permit application the property located on 14 Caroline Drive; and WHEREAS, John T. Johnson has requested a refund in the amount of Fifty dollars ($50.00). 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. X 06/14/2004.WS 2. Payment is approved in the amount of Fifty and 00/100 ($50.00) made payable to John T. Johnson Account Number A22364, for the refund of building permit application for the property located on 14 Caroline Drive. 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. 2004-210 Absent Aye Absent Aye Aye RESOLUTION ADOPTING LOCAL LAW NO. #9 OF THE YEAR 2004, DESIGNATING STOP INTERSECTIONS (2 -WAY) ALONG MACFARLAND ROAD AND BEECHWOOD CIRCLE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #9 of the Year 2004, Designating Stop Intersections (2 -Way) Along MacFarlane Road s " h Town Board; and and Beechwood Circle for consideration of adoption by , 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 June 14, 2004 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to environmental review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law. NOW, THEREFORE, BE IT RESOLVED, 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 of the Town of Wappinger hereby adopts the Local Law entitled "Local Law No. #9 of the Year 2004, Designating Stop Intersections (2 -Way) Along MacFarlane Road and Beechwood Circle", a copy of which is attached hereto and made a part of this Resolution. 10 06/14/2004.WS 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 to give due notice of the adoption of said Local Law to the Secretary of State of New York. 4. Town Highway Superintendent, Graham Foster, is hereby further directed to take any and all actions necessary required in furtherance of establishing the above-mentioned full stop intersections in accordance with the spirit and intent of "Local Law No. #9 of the Year 2004". The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent 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. 2004-211 RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO AND APPROVING THE ESTABLISHMENT OF TH PROPOSED EXTENSION TO THE FLEETWOOD WATER DISTRICT TO BE KNOW AS EXTENSION NO. 1 TO TH FLEETWOOD WATER DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12-A OF THE TOWN LAW WHEREAS, a map plan and report, including an estimate of cost have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of a proposed extension to the Fleetwood Water District of the Town of Wappinger, Dutchess County, New York, to be known as Extension No. 1 to the Fleetwood Water District ("Extension No. 1"); and WHEREAS, said map, plan and report dated April 10, 2003, as amended August 4, 2003, were prepared by Paggi, Martin, & DelBene, LLP, competent engineers duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours of examination by any persons interested in the subject matter thereof; and WHEREAS, the properties to be included within Extension No. 1 consist of those properties located along the existing pipe route (Osborne Hill Road), that connect Fleetwood Water District with the Village of Fishkill public Water Supply and the boundaries of Extension No. 1 shall be as described in Exhibit A attached hereto and herby incorporated herein; and 11 06/14/2004.WS WHEREAS, the improvements proposed for Extension No. 1 consist of wet tapping the existing main, installing a corporation stop, fittings, and three inch "K" copper water service piping terminating at a curb valve in the road right-of-way in front of each lot, boring to cross Osborne Hill Road and the purchase (but not the installation) of water meters, and incidental improvements and expenses in connection therewith, all as more fully described in the map, plan and report hereinbefore described; and WHEREAS, the maximum estimated cost of said improvements is $88,500; and WHEREAS, the proposed method of financing the cost of said improvements consists of the issuance of $88,500 serial bonds of said Town maturing in annual installments over a period not exceeding forty years, which will be payable in the first instance from the annual apportionment and assessment on the taxable real property in Extension No. 1 which the Town Board shall determine to be especially benefited by the improvements, in an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, there are no hook-up fees proposed to the typical property in Extension No. 1; and WHEREAS, the estimated cost of Extension No. 1 to the typical property (single family home) therein for such capital cost, assuming the proposed amortization of twenty years, is $185 and the cost to the typical property therein for operation and maintenance is $220, each in the first year in which debt service, operation and maintenance and other charges and expenses are to be paid; and WHEREAS, a detailed explanation of the manner by which were computed said estimated first-year costs to the typical property in Extension No. 1 is contained within the aforesaid map, plan and report which has been filed in the office of the Town Clerk where the same are available during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, in the Order Calling Public Hearing, the Town Board incorrectly noted that this was an "Unlisted Action"; and WHEREAS, it has now been determined that his action, to wit, the Extension No. 1 to the Fleetwood Water District, is a Type II Action for which no environmental review is required; and 12 06/1412004.WS WHEREAS, an order was duly adopted by said Town Board on May 10, 2004, reciting a description of boundaries o said Extension No. 1, the improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that said map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 14th day of June, 2004, at 7:30 p.m., Prevailing Time, and the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said town Board would meet for the purpose of holding a public hearing to consider the establishment of said Extension No. 1 to the Fleetwood Water District and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posed in the manner and within the time prescribed by Section 209-d of the Town Law, and proof of publication and posting has been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all person desiring to be heard were duly heard; and WHEREAS, SAID Town Board has duly considered said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon evidence given at the aforesaid public hearing, it is hereby found and determined as follows; a) The notice of hearing was published and posted as required by law and is otherwise sufficient; b) All the property and property owners within said proposed Extension No. 1 are benefited thereby. c) All the property and property owners benefited are included within the limits of said proposed Extension No. 1; and d) The establishment of said proposed Extension No. 1 is in the public interest. Section 2. The establishment of Extension No. 1 to the Fleetwood Water District in the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvements therein consisting of wet tapping the existing main, installing a corporation stop, fittings, and three quarter inch "K" copper water service piping terminating at a curb valve in the road right-of-way in front of each lot, boring to cross 13 06/14/2004.WS Osborne Hill Road and the purchase (but not the installation) of water meters, and incidental improvements and expenses in connection therewith, all as more fully described in the aforesaid map, plan and report, at a maximum estimated cost to Extension No. 1 of $88,500, are hereby approved. Section 3. Extension No. 1 shall be bounded and described as set forth in Exhibit A attached hereto and herby made a part hereof. Section 4. The Town Clerk shall, within ten (10) days after the adoption date of this resolution, publish in the official newspaper and post on the official signboard of the Town, a notice which shall set forth the date of adoption of this resolution and the full text hereof. Section 5. This resolution is adopted subject to permissive referendum. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent 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. 2004-212 RESOLUTION AUTHORIZING THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW NO. #10 OF THE YEAR 2004, AMENDING SECTIONS OF, AND ADDING SECTIONS TO, THE FEE SCHEDULE CONTAINED IN CHAPTER 122 OF THE TOWN OF WAPPINGER CODE" The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "Local Law No. #10 of the Year 2004, Amending Sections of, and Adding Sections to, the Fee Schedule contained in Chapter 122 of the Town of Wappinger Code", for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal; and WHEREAS, a Public Hearing was held on June 14, 2004 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 14 RESOLUTION 2004-211 EXHIBIT A Boundaries of Extension No. 1 to the Fleetwood Water District -AUG -29-2003 FRI 03:01 PM FAX N0. r. uu u0 Proposed District Boundary Map Fleetwood II Water District Beginning at a point said point being the northeasterly corner of lands now or formerly James F. Marino, Liber 2000, Page 010, said point also being on the westerly line of Osborne Hill Road; thence leaving said point and running southwesterly along the easterly line of said lands of Marino and the westerly line of said Osborne Hill Road 280:k feet to a point, said point being in the easterly line of said lands of Marino and a point in the westerly line of said Osborne Hill Road; thence leaving the easterly line of said lands of Marino and the westerly line of said Osborne Hill Road and running southeasterly 50.00 t feet to a point, said point being the easterly line of said Osborne Hill Road and the northwesterly corner of lands now or formerly Roger Grove and Karon Jean Perry, Liber 1191, Page 019; thence leaving the easterly line of Osborne Hill Road and the northwesterly comer of said lands of Perry and running southeasterly 383.11 t feet to a point, said point being the northeasterly corner of said lands of Perry; thence leaving the northeasterly line of said lands of Perry and running southwesterly along the easterly line of Perry 123.44.* feet to a point, said point being the southeasterly corner of said lands of Perry and said point also being the northeasterly corner of lands now or formerly Joel Greenberg, Liber 1873, Page 337; thence leaving said southeasterly corner of said lands of Perry and the northeasterly corner of said lands of Greenberg and running along the easterly line of said lands of Greenberg the following two courses and distances: Southwesterly 156.28:t feet and southwesterly 52.8 t feet to a point, said point being the southeasterly corner of said lands of Greenberg and the northeasterly corner of lands now or formerly Marilyn Somers, Liber 950, Page 203; thence leaving said southeasterly corner of said lands of Greenberg and the northeasterly corner of said lands of Somers and running along the easterly of line of said lands of Somers, southwesterly 75.001 feet to a point, said point being the southeasterly corner of said lands of Somers and the northeasterly corner of lands now or formerly Linda Tasadofoy, Document Number 02-2001-7284; thence leaving said southeasterly corner of said lands of Somers and the northeasterly corner of said lands of Tasadofoy, and running southwesterly 69.13:t feet to a point, said point being the southeasterly corner of said lands of Tasadofoy and the northerly corner of lands now or formerly Edwin Davila, Document 02-2002-9338; thence leaving said southeasterly corner of said lands of Tasadofoy and the northeasterly corner of said lands of Davila, and running southwesterly 134.49± feet and southwesterly 128.23* feet to a point, said point being the southeasterly corner of said lends of Davila and the northeasterly corner of lands now or formerly Huong Bocchino, Liber 1967, Page 253; thence leaving said southeasterly corner of said lands of Davila and the northeasterly corner of said land of Huong and running along the easterly -line of said Huong, southwesterly 91,80 t feet and southwesterly 14.25 t feet to a point, said point being the southeasterly corner of said lands of Bocchino and the northeasterly corner of lends now or formerly Andrew Coalla III, Document 02-2002-11305; thence leaving the southeasterly corner of said lands of Bocchino and the northeasterly line of said lands of Coalla and running along the easterly line of said lands of Caalla, southwesterly 120.301 feet to a point, said point being the southeasterly corner of said lands of Coalla and the northeasterly corner of lands now or formerly Terri A. Rudinsky, Liber 2008, Page 058; P.P12 ,AUG -29-2003 FR 103:02 Pit thence leaving said southeasterly corner of said lands of Coalla and the northeasterly corner of said lands of Rudinsky and running along the easterly line of said lands of Rudinsky, southwesterly 105.00* feet to a point, said point being the southeasterly corner of said lands of Rudinsky and the northeasterly corner of lands now or formerly Marie Basso, Document No. 02-1999.5816; thence leaving said southeasterly corner of said lands of Rudinsky and the northeasterly corner of said lands of Basso and running along the southerly line of said lands of Basso 120.00E feet to a point, said point being the southeasterly corner of said lands of Basso and the southeasterly corner of land snow or formerly Lawrence and Denise McGinley, Liber 1788, Page 743; thence leaving said southeasterly corner of said lands of Basso and the southeasterly corner of said lands of McGinley and running along the southerly line of said lands of McGinley and the northerly line of Town Fishkill, southwesterly 660-00± feet to a point, said point being an the easterly line of said Osborne Hill Road and a point on the northerly line of said Town of Fishkill line; thence leaving said easterly line of. said Osborne Hill Road and running along the northerly line of said Town of Fishkill, southwesterly 50.00 t fast to a point, said point being on the westerly line of said Osborne Hill Road and a point on the northerly line of said Town of Fishkill; thence leaving said westerly line of said Osborne Hill Road and running along the northerly line of Town of Fishkill, southwesterly 1930 t feet to a point, said point being on the northerly line of said line of Town of Fishkill and the southwesterly corner of lands now or formerly Regina Gonyea, Document No. 02-1999-4286; thence leaving said northerly line of Town of Fishkill and the southwesterly corner of said lands of Gonyea and running along the westerly line of said lands of Gonyea, northeasterly 1,945 * feet to a point, said point being the northwesterly corner of said lands of Gonyea, said point also being the southwesterly corner of lands now or formerly William F. Caccarelli, Document No. 02-2000-5764; thence leaving said northwesterly corner of said lands of Gonyea and the southwesterly corner of said lands of Caccarelli and running along the westerly line of said lands of Caccarelli the following two courses and distances: Northeasterly 468.70± feet and Northeasterly 155.621 feet to a point, said point being the northwesterly corner of said lands of Caccarelli and the southwesterly corner of lands now or formerly Fame Development, Inc., Liber 1792, Page 011; thence leaving said northwesterly corner of said lands of Caccarelli and the southwesterly corner of said lands of Fame Development, Inc. and running along the westerly line of said Fame Development, Inc. the following two courses and distances: Northeasterly 433-00* feet and Northeasterly 127.80:t feet to a point, said point being the northwesterly corner of said lands of Fame Development, Inc. and the southwesterly corner of said lands of Marino; thence leaving said northwesterly corner of said lands of Fame Development, Inc. and the southwesterly corner of said lands of Marino and running along the westerly line of said lands of Marino. Northeasterly 349.86.t feet to the point or place of beginning. Paggi, Martin & Del Sena, LLP August 2.0, 2003 _-- P.03 06/14/2004.WS WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "Local Law No. #10 of the Year 2004, Amending Sections of, and Adding Sections to, the Fee Schedule contained in Chapter 122 of the Town of Wappinger Code", a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent 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. 2004-213 RESOLUTION AUTHORIZING BUDGET TRANSFERS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. 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 June 10, 2004 from Gerald A. 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 of 2004: General Fund -Part Town Budget Amendment Increase B2590 Building Permits 15 $11,000 06/14/2004.WS Increase B3620.105 Deputy Building Inspector Part-time $5,000 Increase B3620.199 Building Comp -time $1,500 Increase B3620.400 Bldg Dept/ Contractual Expenses $4,500 To increase anticipated Building Permit revenues and adjust budget for Deputy Building Inspector -part-time salary, compensatory time and contractual 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. NEW BUSINESS Absent Aye Absent Aye Aye Councilman Valdati received a call from a Mr. Dickerson who lives on the west side of Losee Road with complaints that drivers are not abiding by the Stop sign in that area.. Councilman Valdati wished to have the town patrol contacted to increase patrols on Losee Road. Tom Cusack of Leggett Sears & Brown announced that he has investigated the gas spill on Jackson Road and explained the Atlas well fields were taken out of service at this time and are expected to remain closed for several more days. The Health Department and DEC are also monitoring the wells. At this time, 9:25 p.m., Councilman Valdati moved to go into Executive Session to discuss Carnwath Farms and the Atlas Fields, seconded by Councilwoman McCarthy and unanimously carried. The meeting reconvened at 9:50 p.m. with all board members in attendance except Supervisor Ruggiero and Councilman Bettina. There was no action taken in Executive Session. Councilwoman McCarthy moved to close the meeting, seconded by Councilman Valdati and unanimously carried. The meeting adjourned at 9:50 p.m. 16 Gloria J Town 0 a F� STATE DEpARTMENT OF TATE NEW 41 SATE STREET, ALBANY, NY12231 Local Law Filing (Use this form to file a local law with the Secretary of State,) ended. Do not include matter being eliminated and do not use Text of law should be given as am italics or underlining to indicate new matter. -------------------------------- ex---------------------------------------- Town of---1�iapR� #9 _____________ of the year ire Local Law No.---------------------- A local law _-antitl.Ed_'_I.ora1_I.air__N.o__-�.4----n�_thy-�ea�-20g4T-D�sigpata�g:-.5t�p-- __Intersections_ along.kl;��Fa7C7.a7asi-.�Aa�_�-�E�QDd-L�'1��---"----""---- -------- ----------------------------- of the Be It enacted by the ----- 7awm—Roar-I ----------------------------- as follOWs: --------------- -- -------------------------- _ Town VAUM TEXT COMMENCES ON XM PAGE jr additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. .21199) s iyr LOCAL LAW NO. #9 OF TIDE YEAR 2004 A Local Law entitled "Local Law No. #g of the Year 2004, Designating Stop IIIntersections along MacFarland Road and Beechwood'Circle." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town'of Wappinger "Local Law No.of the Year 2004, Designating Stop Intersections along MacFarland Road and Beechwood Circle", which shall amend the presentVehicles and Trac Code, as set forth below. Section J: Lmislat,e Intent:_ Town Engineer, Joseph E. Paggi, by letter dated March 29, 2004, attached hereto marked and designated Exhibit "A", has recommended that the Town of Wappinger install a "stop sign" and establish .a .full stop intersection at MacFarland Road at its westerly intersection with Beechwood Circle, -in addition to installing a "stop sign" and establishing a full stop intersection at Beechwood Circle at its southerly intersection with MacFarland Road. Town Engineer, Joseph E. Paggi, Jr., P.E., bas further recommended the installation of a "Stop Sign Ahead" sign approximately 400' to S00' in front of the aforementioned stop sign along MacFarland Road in addition to placing the "stop sign" on Beechwood. Circle at the northwest corner of said intersection. Based upon recommendations "of Town Engineer Joseph E. Paggi, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to. revise the Town's Vehicles and Tr >.c Code §230-43 "Schedule IX: Stop Intersections" to designate the intersection along MacFarland Road at its westerly intersection with Beechwood Circle as a full stop intersection. \\Vsip03\Common\Wappinger\Town Board\LOCAL LAW\st0psign\2004\Loca1 Law- MacFarland-Beechwood.doc �r —0 Section III• Stop Intersections: The Town of Wappinger Code §230-43 is hereby amended by alphabetically inserting into Schedule IX the following designated full stop intersections: ,,Stop Sign on MacFarland Road Beechwood Circle Section I�': Se arabili Direction At Intersection of of Travel Beechwood Circle West MacFarland Road". South 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 rovisions, clauses, sentences, subsections, words or not -affect- or -impair any of the rema>.rimg p - - parts of this local -law or their application to otherpersons or circumstances. Itis hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have bee ,<. n adopted adopted if such illegal, invalid or unconstitutional provision, clause, _ sentence, subsection, word or part had not 'been included therein, and if such person or art thereof is inapplicable'had'been specifically circumstance to which the Local Law or p - exempt therefrom - Section V: 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. UV5rp031Common\Wappinger\Town Board\LOCAL LAw\StopSign\2004\Loca1 Law-MacFarland-Beechwood.doc (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.---------�----- -------------------- of 2044 -- of the (Town)( of------Wapp;Lngar-------------------------------------------- was duly passed by the own-__ oar ________________________ on20A__4, in accordance with the applicable provisions of law. (Name of Legislative Bndy) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive OMcer*.) 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 ChiefExecuiive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of---------------------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name of LegWati ve Body) disapproval) by the------------------------------------------------- on------------------- 20----. Such local law was submitted (Elective Chief Executive Officers) to the people by reason of a (man datory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on------------------ 20.--= , in accordance with the applicable provisions of law. itr.. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------- ---------- -of 20 ------ of the (County)(City)(Town)(Village) of ---------------------------------------------( PP------�(----- was duly passed by the --------------------- ----------------------------- on ------------------ 20---- , and was a roved notaproved repassed after (Name ofLegislative Body) disapproval) by the-------------------------------------------------- on ------------------ 20 --- . Such local law was subject to (Elective Chief Esectaive Officers) 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 Offlcer 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------ __ _________ having been submitted to referendum pursuant to the provisions of I hereby certify that the local law annexed hereto, designated as local law o. ------ of the City of ------------having 36 37 of the Municipal Horne Rule Law, and neralvelect on heldaone vote of a majority o the section ( )( ) qualified electors of such city voting thereon at the (speclal)(g ) became operative. :ounty local law concerning adoption of Charter.) _ of 2' 0 --- _ __ State of New York, having been submitted to the electors I hereby certify that the local law annexed hereto, designated as local law No. ------------------------ ----------- of the County of -------------------------------------- 20____ pursuant to subdivisions 5 and 7 of section 33 oft e at the General Election of November----------- ' 0 In Municipal Horne Rule Law, and having received The affirmative votes cit said county considered as a unit ies of said county as a unit and a majority of the qualified electors o the town ion, became voting at said general electoperative. m of final adoption has been followed, please provide an appropriate certification.) (If any other -authorized for al local law, and was finally adopted in the manner in- t further certify t11atI have compared the preceding'local low with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original 0 dicated in paragraph ----1---- �( above. ,//. - (Seal) Clerk of the County legls,a 11— or officer designated by lora, 11 HON.. GLOt� MORS'. STATE OF NEV YORK COUNTY OF Dutche s undersigned, hereby certify that the foregoing local law containse the correct text and that all proper proceedings I, the g have been bad ortaken for the enactment of the local law annexed er Tille of Wa in er Town 61117) Date: (3) Local Law aw �l 6 ]ing 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. - MQX of------ appinger--------------------- ----------------- Town------------------------------ Local Law No. -----------#1Q-------------------- of the year 20 ------ A local law ___ entitled "Local Law No. __LDp the_ Year_ 2004,__Amendin�________________ __Sections_of,_and Addin Sectins to the Fee Schedule Contained ---------j--------------------�---- -------------------------------------- ___ in_Chapter__122 _ of _ the _Town_ of_ Wappinger _Code-- --- _----------------------------- -------------------------------------------------------------------------------------------------------------- Be it enacted by the ------------ !RVM_Board------------------------------------------------------------- of the (Nano aflery1.6.0 A.dy) MW of --------- Wa_ppinger------------------------------ as follows: Town--------------------------------- - VMIP TEXT COHMCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) DOS -239 (Rev. 11/99) LOCAL LAW NO. #10 OF THE YEAR 2004 A Local Law entitled "Local Law No. it 10 of the Year 2004, Amending Sections of, and Adding Sections to, the Fee Schedule contained in Chapter 122 of the Town of Wappinger Code". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger "Local Law No. #10 of the Year 2004, Amending Sections of, and Adding Sections to, the Fee Schedule contained in Chapter 122 of the Town of Wappinger Code", and by the adoption thereof, shall: 1. amend section 122-16.0 (by increasing the adoption fee charged in subsection (2) thereof, and adding a new subsection, subsection "(3)" which will include in the fee schedule the fees for dog licenses called for in section 68-13 of the Town Code); and 2. amend sections 68-13 and 68-14 of the Town Code to make reference to the dog license fees set forth in section 122-16.C(3) of the Town Code; 3. amend section 122-16.N(6)a.I (by decreasing the building permit fee charged for residential renovations); and 4. amend section 192-2.A of the Town of Wappinger Code to establish a fee for the permits required under this section of the Town Code for installing lateral water and sewer lines; and 5. add a new subsection, "122-1611", to establish and enumerate the fee for the permits required under section 192-2.A of the Town Code. Section II: Legislative Intent: The Town Board has recognized that after reviewing the recently -adopted Local Law No. #10 of the year 2004, which established a fee schedule reflecting fees charged by the Town for various licenses, permits, and other activities, some additions and modifications must be made to the fee schedule as some fees charged by the Town were inadvertently left out of the fee schedule, and some fees need to be modified. The two modifications to be made to the fee schedule include reducing the cost of building permit fees for residential renovations in order that they be more consistent with the building permit fees for commercial renovations, and slightly increasing the fee for adopting animals from the Town to more appropriately reflect the Town's cost of kenneling and caring for such animals prior to their adoption. The two additions to the fee schedule (and to other corresponding sections of the Town Code) include establishing fees for the permits required under section 192-2.A of the Town Code to install lateral sewer and water lines, and including the fees forobtaining dog licenses, which fees are called for in section 68-13 of the Town Code. Section III: Amendments to the Code The following provisions of the Town of Wappinger Code are hereby amended: 1. Section 122-16.C, entitled "Chapter 68. Animals", is -hereby amended to read as follows: (1) §68-8.B. Redemption Fees :$50.00 for 1" occasion $100.00 for 2„d occasion $200.00 for 3rd, and subsequent, occasion(s) (2) §68-10. Adoption: $50.00 1 All Redemption fees in this Chapter may also include the additional costs of kenneling and medical care provided, such as required shots. (3) §68-13. License fees for dogs. The "town fee" indicated for each of the following licenses is in addition to any and all other applicable statutory fees (such as State licensing fees as set forth in New York State Agriculture and Markets Law § 110); as such, the total fee charged by the Town authority issuing the license will be larger than indicated in this section of the Town Code: a. Town fee for a license for a spayed or neutered dog: $2.00 b. Town fee for a license for an unspayed or unneutered dog: $2.00 C. Town fee for a purebred dog license: $10.00 2. • Section 122-16.N(6)a.I, entitled "RESIDENTIAL", is hereby amended to read as follows: I. RESIDENTIAL: A. New Construction and Additions: 1. 1 and 2 -family homes, and modular dwellings: $0.50 per square foot of living space 2. Mobile Homes (single and double wide): $0.35 per square foot of living space 3. Carports/Garages 2 : Carport: $50.00 Garage: $ 0.35 per sq. ft. (or, the minimum fee of $50.00, whichever is greater) - 4. Porches/Decks (a) covered, screened, and/or enclosed, without heat 3: $0.35 per square foot Z Use square footage of ground floor only for 2 -Story garages 3 Porches or decks which are enclosed with heat may be considered to be living space subject to the applicable charge for living space. 4 4 (b) open deck: $0.25 per square foot 5. Non -habitable accessory building (except garages): less than 200 square feet: $50.00 more than 200 square feet: $ 0.35 per square foot 6. Other New Construction: Pool: $50.00 Hot Tub: $50.00 B. Renovations: 1. %Z of "New Construction and Additions" costs in section "I.A", above. 3. Section 122-16 is further amended by -adding a new subsection, subsection "I I", which will read as follows: 11. Chapter 192. Service Pipes, Sewer and Water. (1) §192-2.A. Permit for installing lateral water lines: $50.00 (2) §-192-2.A. Permit for installing lateral sewer lines: $50.00 4. Section 68-13, entitled "License fees for dogs", is hereby amended to read as follows: "Town fees for dog licenses are set forth in Chapter 122, Article IV, section 122- 16.C(3). The "town fee" indicated for each license in section 122-16.C(3) is in addition to any and all other applicable statutory charges (such as State licensing fees as set forth in New York State Agriculture and Markets Law § 110)." 5. Section 68-14, entitled "Exemption for senior citizens", is hereby amended to read as follows: "Senior citizen dog owner who are 65 years of age or older shall be exempt from the payment of all additional Town dog licensing fees set forth in section 122- 16.C(3) of the Town Code, notwithstanding the mandatory statutory fees enumerated in §110 (1) and (2) of the New York State Agriculture and Markets Law." 6. Section 192-2.A, is hereby amended to read as follows: "The water service pipe or pipes leading from dwellings or other buildings within the districts to the curb valve shall be installed by and at the expense of the property owner. The water service pipe or pipes from the curb valve to the district water main shall be installed by the water and sewer districts. Further, the water and sewer districts shall furnish the curb valve and the flare fitting thereof on the water main side of the curb valve. The property owner shall furnish the flare fitting on the dwelling side of the curb valve. Sanitary sewer service laterals leading from dwellings or other buildings within the districts to the edge of paved portion of roadway or curb shall be installed by and at the expense of the property owner. Sanitary sewer laterals from the paved portion of the roadway or curb to the district sewer main shall be installed by the water and sewer districts. The water and sewer districts shall not however, be responsible to install water service lines or sewer service laterals on lots or from the mains to said lots within existing or.new subdivisions. No connection to the water distribution system or the sewer main shall be made until a permit therefor shall be issued by the Building Inspector, and the permit fee paid by the applicant in accordance with the fees set forth in Chapter 122, Article IV, § 122-16.11 of the Town of Wappinger Code. All such connections or service pipes and fixtures shall be constructed under and in accordance with the Rules and Regulations, Sewer and Water Hookups, Town of Wappinger, effective June 1, 1976 (including all addendums)." Section IV: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, .or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the! remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section VI: Effective Date: . This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. (Complete the certification in the 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. -------#10 ----------------------- of 2004 --- of the (Town)( of------Tapp;Lggar--------------------------------------------- was duly passed by the __own___ knif ---------------------- on----lug--_1-4. 20 0-4, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) 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 L egislative Body) disapproval) by the-------------------------------------------------- and was deemed duly adopted on ------------------ 20----, (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of---------------------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Nome of Legislative Body) disapproval) by the------------------------------------------------- on------------------- 20----. Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on------------------ 20•--= , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. _-------------- ------ ------ =-='of 20------ of the (County)(City)(Town)(Village) of---------------------------------------------------------------- was duly passed by the -------------------- - ;� - _-__-_--_---_----_----- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of -- --------------- 20---- , in accordance with the applicable provisions of law. a Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve -or veto local laws or ordinances. (2), 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No- ----------------------------------- of 20 ------ of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No- ----------------------------------- of 20 ------ of the County of ---------------------------------------------------- State of New York, having been submitted to the electors at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an, appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ------ i----, above. (Seal) (Certification to be executed by County Attorney, Corporation Counsel, 'town Attorney, village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTYOF INutClaQss I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ,Signature Albert p Roberts — Attorney Title MUPK of Wappinger Town Date: 6h7 7 (3) 06/14/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 14, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New - York on the proposed Local Law Designating Stop Intersection along MacFarlane Road And Beechwood Circle. Acting Supervisor Paoloni opened the Public Hearing at 7:30 p.m. Present: Joseph Paoloni, Acting Supervisor Robert Valdati, Councilman Maureen McCarthy, Councilwoman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Absent: Joseph Ruggiero, Supervisor Vincent Bettina, Councilman The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Acting Supervisor Paoloni wished to know if there were any questions or comments from the audience. Walter Lazenka of 29 MacFarlane Road was in favor of the proposed Stop Signs but was still concerned with speed and limited site distance. He was also in favor of a third Stop Sign. Mr. Lazenka also wanted additional access from his driveway. Mr. Foster said that he had to, by law, give Mr. Lazenka the safest possible access to the road from his property, and that was done. Mr. Lazenka also wished to have a copy of the site distances. Neil Fick of Beechwood Circle was in favor of the Stop Signs but was in agreement with the Highway Superintendent that there need not be a third Stop Sign on the easterly approach to the intersection of Beechwood Circle. He felt it was too dangerous. Cheryl Glickman of 21 MacFarlane Road said whatever the Town can do to make the road safer would be appreciated. Mrs. Rivera of Beechwood Circle was in favor of a third Stop Sign. Councilman Valdati moved to authorize Jay Paggi, Engineer to the Town to measure MacFarlane Road for stopping site distance looking east at Beechwood Circle and MacFarlane Road for the placement of a third Stop Sign, also the two intersection site distances from the existing driveway (Mr. Lazenka's) and proposed driveway. Seconded by Councilwoman McCarthy and unanimously carried. 06/14/2004.PH Councilman Valdati moved to close the Public Hearing seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 8:20 p.m. Gloria J. Morse Town Clerk 06/14/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 14, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Amending Sections of, and Adding Sections to the Fee Schedule contained in Chapter 122 of the Town Code. Acting Supervisor Paoloni opened the Public Hearing at 8:46 p.m. Present: Joseph Paoloni, Acting Supervisor Robert Valdati, Councilman Maureen McCarthy, Councilwoman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Absent: Joseph Ruggiero, Supervisor Vincent Bettina, Councilman The Town Clerk offered for the record, the Affidavits of Posting, Publication and mailings duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Acting Supervisor Paoloni wished to know if there were any questions or comments. There were no more questions or comments. Councilwoman McCarthy moved to close the Public Hearing seconded by Councilman Valdati and unanimously carried. The Public Hearing closed at 8:47 p.m. Gloria J. Morse Town Clerk 1 06/14/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 14, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the extension of the Fleetwood Water District. Acting Supervisor Paoloni opened the Public Hearing at 8:21 p.m. Present: Joseph Paoloni, Acting Supervisor Robert Valdati, Councilman Maureen McCarthy, Councilwoman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Absent: Joseph Ruggiero, Supervisor Vincent Bettina, Councilman The Town Clerk offered for the record, the Affidavits of Posting, Publication and Mailings duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Acting Supervisor Paoloni wished to know if there were any questions or comments. Al Kutka of 161 Osborne Hill Road was not in favor of the extension and wished to have the results of the water survey for his area. Jay Paggi explained that the benefit unit would be $185 per year for each homeowner and the O&M charge if they hooked in would be equal to, or the same as the existing Fleetwood Districts which is about $55 per quarter. Karen Perry of 145 Osborne Hill Road said her trees would be destroyed if the pipe was installed and wished to know if she could hitch on to an extra piece of pipe that went further. Mr. Paggi, Engineer to the Town said he would not recommend that. Paul Kefor of 166 Osborne Hill Road wished to know the time table before this is approved. Mr. Roberts, Attorney to the Town went over steps needed to be taken if the resolution is adopted to approve the extension tonight, including a permissive referendum. It would take at least 50 days before the project can be started. Michael Hill of 174 Osborne Hill Road was in favor of the extension. Mrs. Kutka of 161 Osborne Hill Road wished to know what a permissive referendum was. Mr. Roberts went over the procedure involved in a permissive referendum. Todd Gray of 150 Osborne Hill Road wished to know if there was a breakdown of the fees. Mr. Paggi replied that there was. He would provide Mr. Gray with the appropriate sheets in the map, plan and report. 1 06/14/2004.PH There were no more questions or comments. Councilman Valdati moved to close the Public Hearing seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 8:45 p.m. Gloria, l. orse Town ' erk W11 2