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2004-05-10 RGMMonday, May 10, 2004 7:30pm Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to Flag Suspension of Rules for Public Comment on Agenda Items Public Hearing: • Public Hearing for Local Law for Tenancy Terms for Water and Sewer Districts for Improvement Areas Public Meeting: • SPEDES Stormwater Permit Annual Report Discussion: • Minutolo Hawkers and Peddlers License • Wind Energy — Keith Christensen Resolutions: 2004-144A Resolution Introducing Local Law Designating Stop Intersections Along MacFarlane Road and Beechwood Circle 2004-161 Resolution Authorizing Minutolo Peddling License 2004-165 Resolution Authorizing Electrical Inspector 2004-166 Resolution Authorizing Building Inspector and Deputy Building Inspector to Attend Seminar 2004-167 Resolution Authorizing Purchase Order for Concrete Floor for Pavilion at Reese Park 2004-168 Resolution Authorizing Karabinos Escrow Refund 2004-169 Resolution Authorizing Salary Adjustment for Assessor's Aid 2004-170 Resolution to Authorize the Adoption of a Local Law for Tenancy Terms for Water and Sewer Districts or Improvement Areas 2004-171 Resolution Introducing Local Law for Fees 2004-172 Hold 2004-173 Resolution Setting Public Hearing for Fleetwood 2004-174 Resolution Introducing a Cable Franchise Agreement Between the Town of Wappinger and Cablevision 2004-175 Resolution Authorizing Removal of Parcels from Wappinger Sewer Transmission Treatment Phases 1 , 2 and 3A New Business/Comments Adjournment 05/10/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on May 10, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on a proposed Local Law Authorizing the establishment of uniform tenancy terms to tenants of water and/or sewer district or improvement areas. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero asked if there were any question or comments from the public. There were none. Councilwoman McCarthy moved to close the Public Hearing, seconded by Councilman Bettina and unanimously carried. The Public Hearing closed at 7:33 pm a Gloria rse Town rk DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING TO AUHTHORIZE THE ESTABLISHMENT OF UNIFORM TENANCY TERMS TO TENANTS OF WATER AND/OR SEWER DISTRICTS OR IMPROVEMENT AREAS 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 April 21, 2004, your deponent posted a copy of the attached notice of Public Hearing on the proposed law to Authorize the Establishment of Uniform Tenancy Terms to Tenants of Water and/or Sewer Districts or Improvement Area 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. 0 GLORIA JX Town Cler Town of Wappinger Sworn to before me the day of ,v MARIA GILBRIOE Notary P"blit, State of New Yak Reg. No. O1 G15087374 Commission Expiryalified in es 3Cou�ty 0290 Poughkeepsie 3ournal Poughkeepsie, N.Y. NOTICE OF PUBLIC HEA- RING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town IfWappinger will conduct a P11116i 1r of bush Road Wappingers Falls, New York, at which , time" parties in interest and: citizens shall have an opportunity to be heard as to whethertheTown. Board of the Town of Wappinger shall adopt a Y" proposed Local Law. establishment of uniform tenancy terms to tenants of waterand/or sewer Dis- tricts or Improvement Areas. PLEASE LAKE FURTHER NOTICE that the tezt'of the proposed Local Law is - summarized as follows; The tenancy terms will re quire any proposed tenant to pay a capital buy -in to . the water, and/or sewer faL' cilities to help defray the Capital Infrastructure cost trict or Improvement Area - by imposing a thirty (30%);j surcharge on Operatjon , and Maintenance ("0&M") charges for a period of five (5) years from the ,. date of tenancy. In addi- tion to 0&M charges, the., OF PUBLICATION State of New York RECEIVED County of Dutchess APR Z 3 2004 City of Poughkeepsie TOWN CLERK Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICF, was duly published in the said newspaper one insertion for weeks successively, in each week, commencing on the 21st. day of April 2004_ and on the following dates thereafter, namely on: And ending on the day of 20 ,both days inclusive. Subscribed and sworn to before me this day of tij , 2004 Notary Public My commission expires IIN bq fn, IWACK Notary puI ,+Ir.,, Stags Of New York Qualyiaa In l�ta�afs,a Comfn%��It��3 �:if�tf+�� I'��a�ao;bar 2 , Zpp S SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 A -F -F i <I -a w i t +a -F F1u1:> 1 i cat 3. ca n To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #62658 State of NEW YORK } } SS: County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say: that I am the BOOKKEEPER of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 04/28/04. Sworn to before me this 30th day of April, 2004 Notary Public ALBERT M. O-5TEN NOTARY PUBLIC, STN: Z CF NEW YORK QUALIFIED IN Cw ClIESS COUNTY # 14-3240760 COMMISSION EXPIRES JUN 15'2007 RECEIVE Mb's �. TOWN CLER OF PUBLIC HEARING' N OF WAPPINGEW IS HEREBY GIVEN that, Board of the. Town of " 2004, at 7:30 p.m. at the Town Half Towr of Wappinger, 20 Middlebusff Road, Wappingers Falls, NewYorki at which time all parties in interest and citizens shall have an opportuj pity to be heard as to whether the`' Town Board of the Town of Wappingar shall adopt a proposed Local Law which will authorize the establishment of uniform tenancy, terms to tenants of water and/ot' sewer Districts or Improvemen Areas.W PLEASE TAKE FURTHER NOe. TICE that the text of the proposed Local Law is summarized as fol lows: The tenancy terms will require ari proposed tepent to pay a'capital and'M for a r the da ,O&M( pay a Benef tract or After f cent ( j'.chargl IPLEA 7 or Improves I a thirty per I ,n DID= M")charges I years from t addition tc ant will alsq„, I to Capitat paid by Dis , r 05/10/2004.WS The Workshop Meeting of the Town of Wappinger was held on May 10, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Bettina moved to suspend the Rules for Public Comment on agenda items, seconded by Councilwoman McCarthy and unanimously carried. PUBLIC HEARING: • Public Hearing for Local Law for Tenancy Terms for Water and Sewer Districts for Improvement Areas. PUBLIC MEETING: • SPEDES Storm Water Permit Annual Report. Jay Paggi, Engineer to the Town announced that in March of 2003 the State DEC instituted new regulations that regulate storm water discharge. These are the response to the Federal Governments requirements to meet the new Phase II storm water requirements. The Town falls under these new requirement because of its size. This is a 5 year program and at the end of the first year, which we are at now, we must have a public informational meeting and we must submit a response back to the state with our annual report. At this time Joseph Stankavage of Mr. Paggi's office offered a brief presentation that was sent to the DEC which included and described all the year to year changes that happened in the program and the future plans. This will also include public comments if any. Mr. Paggi informed the Board that their goal for 2004-2005 is to map and identify all the storm water discharges and once they are identified, bring them all up to compliance. DISCUSSIONS: 1 05/10/2004.WS • Minutolo Hawkers & Peddlers—Because Mr. Minutolo failed to appear tonight to go over his application with the Board, this item was tabled. Wind Energy—Keith Christensen of Community Energy gave a presentation on the benefits of purchasing wind power to power the Town of Wappinger. He explained that wind power would reduce the consumers consumption of electricity. Around 90% of our electricity in New York State comes from oil. The wind supply would come from a recently dedicated 30-megawatte wind farm in Fenner New York, which is currently the largest wind project in the state. At this time the cost of wind power is slightly more than other sources of electricity, but the cost is expected to go down as the industry grows. Discussion followed. Supervisor Ruggiero felt it would be advantageous to dedicate some portion of our power to this program and the town board will consider the idea to discuss what percentage of electricity it would purchase from wind power. RESOLUTION NO. 144-A-2004 RESOLUTION INTRODUCING LOCAL LAW NO. OF THE YEAR 2004, DESIGNATING STOP INTERSECTIONS (2 -WAY) ALONG MACFARLANE ROAD AND BEECHWOOD CIRCLE The following resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy WHEREAS, Town Engineer, Joseph E. Paggi, by letter dated March 29, 2004, attached hereto marked and designated as Exhibit "A", has recommended that the Town install a "stop sign" and establish a full stop intersection at MacFarlane Road at its westbound 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 MacFarlane Road; and WHEREAS, the Town Board has elected to create a full stop intersection at MacFarlane Road at its westbound intersection with Beechwood Circle, in addition to establishing a full stop intersection at Beechwood Circle at its southerly intersection with MacFarlane Road; and WHEREAS, the Town Board, in accordance with the recommendation of Town Engineer, Joseph E. Paggi, directs the placement of the "stop sign" on Beechwood Circle to be located at the northwest corner of the aforesaid intersection; and 2 05/10/2004.WS WHEREAS, the Town Board further elects to place a "Stop Sign Ahead" sign approximately 400' to 500' in front of the stop sign to be established on MacFarlane Road at its westbound intersection with Beechwood Circle; and WHEREAS, the Town Board has determined that it is in the best interest of the public health, welfare and safety of the citizens of the Town of Wappinger to designate and formally establish the aforementioned full stop intersections including placement of a "Stop Sign Ahead" sign approximately 400' to 500' in front of the aforementioned stop sign on MacFarlane Road at its westbound intersection with Beechwood Circle; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No. of 2004 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (17). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of the Year 2004 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 14th day of June, 2004, at 7:30 p.m., and that the Town Clerk be directed to post and publish Notice of the Public Hearing in the form annexed hereto. 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 herby duly declared adopted RESOLUTION NO. 2005-161 RESOLUTION AUTHORIZING PEDDLING LICENSE Councilman McCarthy moved to table Resolution No. 2005-161 Authorizing a 3 05/10/2004.WS Hawkers and Peddlers License for Mr. Minutolo, because he failed to appear at tonight's meeting to discuss his request with the Board, seconded by Councilman Bettina and unanimously carried. RESOLUTION NO. 2004-165 RESOLUTION AUTHORIZING ERNEST C. BELLO, JR. TO BE AN AUTHORIZED ELECTRICAL INSPECTOR FOR THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, §114-4 of the Town Code of the Town of Wappinger authorizes agents of the Town of Wappinger to make inspections and re -inspections of electrical installations and otherwise provide assistance with ministerial electrical inspection services from time to time; and WHEREAS, Ernest C. Bello, Jr. of Electrical Underwriters of New York, LLC has provided the Town with various certifications and licenses to provide professional ministerial electrical inspection services, copies of which are attached hereto and made a part hereof as Exhibit "A". 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. Ernest C. Bello, Jr. of Electrical Underwriters of New York, LLC is hereby authorized to provide ministerial electrical inspection services and otherwise shall be an authorized electrical inspector for the Town of Wappinger pursuant to §114-4 of the Town Code 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 Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is herby duly declared adopted RESOLUTION NO. 2004-166 RESOLUTION AUTHORIZING BUILDING INSPECTOR & DEPUTY BUILDING INSPECTOR TO ATTEND SEMINAR The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town Board wishes to authorize George Kolb, Building Inspector, and Salvatore Morello, Deputy Building Inspector, to attend the 4 05/10/2004. W S Building Code Instructional Seminar in Poughkeepsie, New York on May 20, 2004. NOW, THEREFORE, BE IT RESOLVED, that George Kolb, Building Inspector, and Salvatore Morello, Deputy Building Inspector are hereby authorized to attend Building Code Instructional Seminar in Poughkeepsie, New York on May 20, 2004, at a cost not to exceed Seventy-five Dollars ($75) per person for registration. 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 herby duly declared adopted RESOLUTION NO. 2004-167 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR CONCRETE FLOORING FOR PAVILION AT REESE PARK The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, Joseph Ennesser, Recreation Committee Member has recommended the construction of concrete flooring for the pavilion at Reese Park, and WHEREAS, Mr. Ennesser has received bids as follows: Donaldson Construction $3,700 CJ Masonary $2,900 O'Donnell Construction $2,700 WHEREAS, Mr. Ennesser has requested a purchase order in the amount of Two Thousand, Seven Hundred Dollars ($2,700.00) payable to O'Donnell Construction. 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 Two Thousand, Seven Hundred Dollars ($2,700.00) payable to O'Donnell Construction payable from Accounts A-7110.4 in accordance with a letter dated April 28, 2004 from Joseph Ennesser, Recreation Committee Member, to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman 5 Voting Aye Voting Aye 05/10/2004.WS Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is herby duly declared adopted RESOLUTION NO. 2004-168 RESOLUTION AUTHORIZING ESCROW REFUND FOR 79 PYE LANE The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, on or about February 12, 2004, Coleen Karabinos deposited Two Thousand and 00/100 ($2,000.00) to the Town of Wappinger for a driveway escrow for the property located at 79 Pye Lane; and WHEREAS, Coleen Karabinos has requested a refund in the amount of Two Thousand Dollars and 00/100 ($2000.00). 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 Two Thousand Dollars and 00/100 ($2000.00) made payable to Coleen Karabinos, Account Number 2002-0763B, for the refund of unused escrow for the property located on 79 Pye Lane in accordance with a letter from Building Inspector George Kolb dated April 26, 2004. 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 herby duly declared adopted RESOLUTION NO. 2004-169 RESOLUTION AUTHORIZING ADJUSTMENT OF COMPENSATION The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, on April 6, 2004, Assessor's Aide Loretta Brunello wrote a letter to Town Supervisor Joseph Ruggiero regarding the receipt of compensation for the additional work she has done in the absence of an Assessor, and WHEREAS, Ms. Brunello has completed work outside of her position as Assessor's Aide including meeting the criteria for maintenance aid, exemption administration, grievance, Board of Assessment Review, and G 05/10/2004.WS preparation of the tentative rolls which are the duties of an Assessor and/or Deputy Assessor, and WHEREAS, the Town Board recognizes the additional demands that have been placed on Ms. Brunello in the absence of an Assessor, and wishes to compensate Ms. Brunello for such work at a prorated compensation as acting Deputy Assessor, and WHEREAS, Ms. Brunello is currently in Grade 3 Step 4 on the Town of Wappinger salary scale as Assessor's Aide, and all Department Head Deputy positions in the Town of Wappinger are in Grade 6 on the Town's pay scale, and the Assessor is in Grade 8. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Payment is approved in the amount of Three Thousand, Five Hundred Dollars and 00/100 ($3,500.00) made payable to Loretta Brunello for the purpose of compensation for the additional duties performed in the absence of an Assessor. The Town Board hereby authorizes the following budget transfers hereby temporarily amending the Town of Wappinger Budget adopted for the calendar year of 2004: A) General Fund Budget Amendments Decrease 1355.100 - $3,500 Increase 1355.101 - $3,500 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 herby duly declared adopted RESOLUTION NO. 2004-170 RESOLUTION TO AUTHORIZE THE ADOPTION OF "LOCAL LAW NO. #6 OF THE YEAR, 2004, TENANCY TERMS FOR WATER AND SEWER DISTRICTS OR IMPROVEMENTS AREAS" The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled " Local Law No. #6 of the Year 2004, Tenancy Terms for Water and Sewer Districts or Improvements Areas" for consideration of adoption by the Town Board; and 7 05/10/2004.WS 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 May 10, 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: 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. #6 of the Year 2004, Tenancy Terms for Water and Sewer Districts or Improvements Areas", 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 Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is herby duly declared adopted RESOLUTION NO. 2004-171 RESOLUTION INTRODUCING LOCAL LAW NO. _ 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 Bettina. WHEREAS, the Town Board has reviewed the fee schedule contained in section 122-16 of the Town of Wappinger Code, and WHEREAS, it has come to the attention of the Town Board that the aforesaid fee schedule needs to be amended in order to: 1) include some license fees charged by the Town which are not currently included in the fee 05/10/2004.WS schedule (i.e., dog license fees); 2) establish some fees which were not a part of the fee schedule (i.e., permit fees for constructing lateral water and sewer lines); and 3) to modify some fees charged by the Town in order to more accurately reflect the costs associated with issuing and administering the permits and/or activities associated with such fees (i.e., a reduction in building permit fees for residential renovations, and an increase in animal adoption fees); and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No. of the Year 2004 in the form annexed hereto adding to and amending sections of Chapter122 of the Town of Wappinger Code, and amending sections 68-13, 68-14, and 192-2.A of the Town Code. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of the Year 2004 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 14th day of June, 2004, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The question of the foregoing Resolution was put to a vote on roll call, 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 herby duly declared adopted RESOLUTION NO. 2004-173 RESOLUTION SETTING A PUBLIC HEARING FOR THE PROPOSED EXTENSION TO THE FLEETWOOD WATER DISTRICT Vol 05/10/2004.WS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. 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 for examination by ay 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 rout (Osborne Hill Road), that connect the 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 hereby incorporated herein; and WHEREAS, the improvements proposed for Extension No. 1 consist of wet tapping the existing main, installing a corporation stop, fitting, 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 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 taxable real property in Extension No. 1 to the Fleetwood Water District 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 10 05/10/2004.WS 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, said capital project for Extension No. 1 has been determined to be an "unlisted action" pursuant to the regulations of the New York State Department of Environmental conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of Extension No. 1 to the Fleetwood Water District and the improvements proposed therefore, all pursuant to Section 209-d of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 14th day of June, 2004, at 7:30 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of Extension No. 1 as described in the preambles hereof, and the improvements proposed therefore, and to consider the map, plan and report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. 11 05/10/2004.WS Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the Southern Dutchess News and Poughkeepsie Journal, the Official news papers of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the signboard of the Town - Maintained pursuant to subdivision 6 of Section 30 of the Town Law and to send by first class mail, a copy thereof to each owner of taxable real property within Extension No. 1, as shown upon the latest completed assessment role of the Town, each not less than ten nor more than twenty days before the set for the hearing as aforesaid. Section 3. This order 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 Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is herby duly declared adopted RESOLUTION NO. 2004-174 RESOLUTION SETTING PUBLIC HEARING ON CABLE FRANCHISE RENEWAL AGREEMENT BETWEEN THE TOWN OF WAPPINGER AND CABLEVISION OF WAPPINGERS FALLS, INC. The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the cable franchise agreement with Cablevision of Wappingers Falls, Inc. has expired; and WHEREAS, prior to entering into a renewal of the cable franchise agreement, the Town Board is required to conduct a Public Hearing thereon; and WHEREAS, the Town Board determines that the renewal of the cable franchise agreement is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby schedules a Public Hearing on the franchise renewal agreement with Cablevision of Wappingers Falls, Inc. to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12 Exhibit A Boundaries of Proposed Extension No. 1 to the Fleetwood Water District 1250086.1 FAX N0, AUG -29-2003 FRI 03;01 PM Proposed District boundary Map Fleetwood it Water District Beginning at a point said p �! pointe2000, Page 010 te northeasterly point also being on the formerly James F. Marino, westerly line of Osborne Hill l line hof said lands of Marino and theence leaving said point and westerlyline of southwesterly along the eastY being in the said Osborne Hill Road 280 t feet to a Westerly Ilineooftsa d Osborne Hill tRoad line o said lands of Marino and a point in the z„m thence leaving the easterly line of said lands f orino a feet tond ha pointe said point Osborne Hill Road and running southeasterly being the easterly line of said Osborne Hill Ka on Jeanand Perey, Libor 1191y Page 019; corner of lands now or formerly Roger Grove an the northwesterly thence leaving the easterly line of Osborne Hi1l Road 3883.11 f feet to a point, said pont of said lands of Perry and running southeaster y being the northeasterly corner Pedlands of rry and running southwesterly along the rry; thence leaving the northeasterly line of said Ian easterly line of Perry 123.44 point, said point being the southeasterly t feet to a corner of said lands of Perry and said point also being the northeasterly leaving said corner of lands now or formerly Joel Greenberg, Liber 1873, Page 337; southeasterly corner of said lands of Perry and the rof Greenberg thely corner of said lands of Greenberg and running along the easterly I ne of said lands following two courses and distances: Southwesterly being the Bout easterly corner of southwesterly 52.8 t feet t point, said point said lands of Greenberg and the northeasterly corner of lands now or formerly said southeasterly corner of Marilyn Somers, Liber 950, Page 203; thence leaving said lands of Greenberg and the northeasterly slands ofrner of sid Somerse solands of Someruthwesterly 75500 t and running along the easterly of line of saidSomers feet to a point, said point being the lands noweor formerly L nda Tasadofoy,asterly corner of said lands fDocument and the northeasterly corner o Number 02-2001-7284; thence leaving said southeasterly corner of said lands o Somers and the northeasterly corner of said lands being the southeasterly corner of 9.13 * feet to a point, sa southwesterly 6id p said lands southwesterly Tasadofoy and the northerly corner of lands now or formerly Edwin ing said southeasterly coner of said Davila, Document 02.2002-9338; thence corner of said lands of Davila, lands of Tasadofoy and the northeasterly and running southwesterly 134.49:1 feet and southwesterly Davila tol and the northeasterly corner 'nt being the southeasterly corner of said land 7, pag253; thence laving of lands now or formerly Huong Sonchin Libor 195 and the noetheasterly corneer of said said southeasterly corner of said lad land of Huong and running along the easterly'line of said Huong, southwesterly 14.25 ± jestbeing te 91.80 * feet and southwesterly ands of Boc hinotend the n�ortheastsaid'erly, cnt o eh of lands southeasterly corner of said I now or formerly Andrew Coalla III,Boc h no and ument Othe northeasterly line eof'saidhe southeasterly corner of said lands o lands of Coalla and running along atheirea saidypoint being the southeasteline of said lands of aly corner of southwesterly 120.30 t feet Po said lands of Coalla and the northeasterly corner of lands now or formerly Terri A. Rudinsky• Liber 2008, Page 058; p.02 95% --AUG-29-2003 FRI 03:02 FM h HA hu. thence leaving said southeasterly corner of said lands of Coalle 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 120.00 t 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 on 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± feet to a point, said paint 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± 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 1945 t 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± 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 Bene, LLP August 20, 2003 95% P.03 -- -- 'i n'7 IG•M') 05/10/2004.WS on the 24th day of May, 2004 at 7:30 p.m., and the Town Clerk is directed to post the Notice of Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required 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 Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is herby duly declared adopted RESOLUTION NO. 2004-175 RESOLUTION AUTHORIZING REMOVAL OF PARCELS FROM WAPPINGER SEWER TRANSMISSION/ TREATMENT IMPROVEMENT AREAS - PHASES 1 & 2 and PHASE 3A The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina/ WHEREAS, the Town of Wappinger has determined that several parcels previously included in Wappinger Sewer Transmission/ Treatment Improvement Areas - Phases 1 & 2 and 3A will be unable to receive sewer services from said Improvement Area; and WHEREAS, there is no statutory mechanism to remove a parcel from an Article 12(c) Improvement Area once the Improvement Area has been established; and WHEREAS, the Town Board has previously requested Special Legislation to remove these parcels from Wappinger Sewer Transmission/ Treatment Improvement Areas - Phases 1 & 2 and 3A; and WHEREAS, Senate Bill No. 57020 and Assembly Bill No. A11034 have been introduced into the New York State Legislature for the purpose of introducing such legislation which will authorize the removal of the parcels; and WHEREAS, the parcels to be removed are identified in Schedule "1" attached hereto. 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 issues this Home Rule Request Message for Senate Bill No. 57020 and Assembly Bill No. A11034 to authorize the removal of the parcels listed in Schedule "1" from the Wappinger Sewer 13 05/10/2004.WS Transmission/ Treatment Improvement Areas - Phases 1 & 2 and Phase 3A. 3. The Town Board of the Town of Wappinger hereby directs the Town Clerk to forward a copy of this Home Rule Request message to the New York State Legislature requesting the introduction and adoption of the aforementioned bills. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman The Resolution is herby duly declared adopted NEW BUSINESS/COMMENTS Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye There were no further comments or questions from the Town Board Councilwoman McCarthy moved to close the meeting, seconded by Councilman Bettina and unanimously carried. The meeting adjourned at 8:55 p.m. Gloria J. Morse Town Clerk 14 NEW YORK STATE DEPARTMENT OF STATE Local L iZ W Filing 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. 9mmy aw of--- Wappinm------------- ------ --------------------------- Town Y Local Law No. -------115 -------------------------- of the year 20---M A local law --- entitled-III3.Or-aL-Larwr- -No —---------- of- -tba- Ysar--2004,--Te$auay- Terjm&--€or Water and (Insert Tide) Sewer ---D stricts--or--improvement-Ar-eas"------------------------------------------------------- Be it enacted by the ---------Town -Beard-------------------------------------------------------------- of the (Nnmc of L rXW.Ii- Bady) qty 04 of ------Wappin&er--------------------------------------------------------------------- as follows: Town TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) (1) LOCAL LAW NO. 6 OF THE YEAR 2004 A Local Law entitled "Local Law No. #6 of the Year 2004, Tenancy Terms for Water and Sewer Districts or Improvements Areas." 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. #6 of the Year 2004, Tenancy Terms for Water and Sewer Districts or Improvements Areas", which shall establish a new Article II, Chapter 236 "Water and Sewer Charges" of the Town Code of the Town of Wappinger, as set forth below. Section II: Legislative Intent: The purpose of this Local Law to establish uniform and consistent charges for tenants to water and/or sewer District or Improvement Areas. The Town of Wappinger has embarked on a series of improvements to its central water and central sewer facilities. Wappinger Water Improvement Area 1999-2(R) was established in 2001 to implementation a cost effective method of addressing source, supply and storage problems and to supplement the water supply needs of the Town of Wappinger previously supplied by the Central Wappinger Water Improvement Area. Similarly, starting in 1990, the Town commenced work on the Wappinger Sewer Transmission/ Treatment Improvement Area Phases 1 & 2, followed in 1999 with a further expansion of sewer services with the adoption of the Wappinger Sewer Transmission/ Treatment Improvement Area Phase 3A. It is, and has been, the Town Board's general policy to provide water and sewer services to those existing properties that are in special need of water and sewer services because of failing wells or failing septic systems. Accordingly, it is the purpose of this Local Law to establish \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Tenancy Agreement\Law-Resol-Hearing.doc uniform tenancy terms to those properties which are in need of water or sewer services but are outside the geographical boundaries of any of the water and/or sewer District or Improvement Area to which connection is sought. The tenancy terms will require any proposed tenant to pay a capital buy -in to the water and/or sewer facilities to help defray the Capital Infrastructure costs previously paid by the District or Improvement Area by imposing a thirty percent (30%) .surcharge on Operation and Maintenance ("O&M") charges for a period of five (5) years from the date of tenancy. In addition to O&M charges, the tenant will also pay an amount equal to Assessments paid by District or Improvement Area residents. After five (5) years, the thirty percent (30%) surcharge and O&M charges will be eliminated. Section III: Tenancy Terms: Effective with the date of adoption of this Local Law, any new tenant to a water and/or sewer District/ Improvement Area shall pay a tenant rate, payable in four quarter -annual payments and billed in accordance with the District/ Improvement Area's billing period, determined as follows: I. Benefit Units will be assigned to the proposed tenant property user in accordance with the benefit unit formula for the District and/or Improvement Area for which tenancy is sought; 2. an amount equivalent to Capital Benefit Assessments and Operation & Maintenance ("O&M") charges will then be assigned to the property based on the number of Benefit Units; 3. for the first five (5) years of tenancy, the Operation and Maintenance charges will be increased by thirty percent (30%); \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Tenancy Agreement\Law-Resol-Hearing.doc �q 4. the above amounts will then be totaled, divided by four and billed to the tenant at the same time that O&M charges are billed to District/ Improvement Area residents. 5. A tenant will be obligated to pay an amount equivalent to a Capital Benefit Assessment only for as long as the District or Improvement Area imposes Capital Benefit Assessment on its residents. 6. Illustration: By way of example only for the first five years - Capital Assessment per Benefit Unit = $500 Operation and Maintenance Charges Billed Quarterly $80 x 4 = $320 Thirty Percent surcharge for O&M = $ 96 TOTAL ANNUAL TENANT CHARGE _ $916 Billed Quarterly ($916/4) _ $229 By way of example only for after five years - Capital Assessment per Benefit Unit = $500 Operation and Maintenance Charges Billed Quarterly $80 x 4 = $320 TOTAL ANNUAL TENANT CHARGE _ $820 Billed Quarterly ($820/4) _ $205 7. All tenant rates for water and sewer charges shall be subject to the provisions of Article I of this Chapter. The provisions of this Local Law shall be added to the \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Tenancy Agreement\Law-Resol-Hearing.doc Town Code as Article II of Chapter 236 "Water and Sewer Charges" and shall be numbered sequentially as determined by Code Publishers, Inc. Section IV: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Tenancy Agreement\Law-Resol-Hearing.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. ------------#6---------------- ____ of 20-04-- of the ( �,1 (Town)(Vof----.aPP�. �ei----------------------------------_-_- ___-___ was duly passed by the __________Town_ Board--------------------- on ----- May---IIl__ 200.4_, in accordance with the applicable provisions of law. (Name of Legi.ilative Body) m 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------ ( y)( y)( )( S) ------------------------------- was duly passed by the of the Count Cit Town Villa a of --------------------- ----------- - on ------------------ 20 ---, and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20---- , (Eleclive Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of ------------------------ ---------------------- was duly passed by the on------------------ 20---- , and was (approved)(not approved)(repassed after (Name oflegislative 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 ------------------ 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 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 ------------------ 2a--- , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (specia])(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------ 6.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 ------ above. J a 4-4AII (Seal) Clerk of the County legislative b ,0y,rity:Tdv0 of Village Clerk or officer designated by local le'gisl rve body GLORIA MORSpy, TCler 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 tl}at all proper proceedings have been had or taken for the enactment of the local law anW94 49reto. Albert P Roberts — Attorney Title M" of Wappinger Town Date: (3)