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2004-03-08 RGMMonday, March 8, 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 Amending Section 122-2 of the Town of Wappinger Code -Fees Discussion: Bulk Pickup — Graham Foster Master Plan Survey — Dan Wery Resolutions: 2004-091 Resolution Authorizing Support and Concurrence with the Poughkeepsie/Dutchess Empire Zone Revision Application 2004-115 Resolution Authorizing Purchase Order for Robinson Lane Bleacher 2004-116 Resolution Authorizing Building Inspector and Deputy Building Inspector to Attend Conference 2004-117 Resolution Authorizing Change Order No. 1 for 99-2R Contract 7- Clearwell and Pump Installation 2004-118 Resolution Authorizing Change Order No. 1 for 99-2R Contract 7 - Electrical System 2004-119 Resolution Authorizing Bids for Highway Department Supplies 2004-120 Resolution Authorizing the Adoption of a Local Law Amending Chapter 122 and Various Other Sections of the Town of Wappinger Codes 2004-121 Resolution Authorizing Bid for Wappinger Park Improvements Contract No. 7-003(85) 2004-122 Resolution Authorizing Purchase Order for Clay for Robinson Lane Fields 2004-123 Resolution Authorizing Zoning Administrator to Attend Conference 2004-124 Resolution Authorizing Purchase Order for Portajohns 2004-125 Resolution Authorizing Purchase Order for Fireworks 2004-126 Resolution Authorizing Purchase Order for Gymnastics Program 2004-127 Resolution Authorizing Town Clerk to Attend Conference Unanimous Consent: 2004-128 Resolution Authorizing Bid for Printing of Recreation Guide New Business/Comments Executive Session: • Town Ambulance Service Adjournment 03/08/2004.WS The Workshop Meeting of the Town of Wappinger was held on March 8, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:38 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 purposes of public comment on agenda items, seconded by Councilwoman McCarthy and unanimously carried. PUBLIC HEARING: • Public Hearing Amending Section 122-2 of the Town of Wappinger Code -Fees DISCUSSION: • Bulk Pickup—Highway Superintendent, Graham Foster feels now that we offer all our residents our Recycle Center on a year round basis, it's a good time to limit what we collect each Spring, and should limit the bulk cleanup to "bulk" items only, such as furniture, appliances, tractors, lawnmowers etc. He sees no reason to pick up small items that residents can transport to us, such as children's toys, plastic bags and cardboard boxes. Much time is spent picking up items that can be disposed of in regular trash or can be disposed of now, on a regular basis at the recycle center. This would save the town a great deal of money. Discussion followed • Master Plan Survey—Dan Wery gave a presentation of the survey that was prepared in draft form. Through the revisions some very specific questions were derived as a result of discussions with the master plan committee. The object of the proposed survey is to insure the plan is based on needs and desires of the residents. Condensing the survey and postage were also discussed. 03/08/2004.WS Councilman Bettina moved to add Resolution 2004-128 to tonight's agenda, seconded by Councilwoman McCarthy and unanimously carried. RESOLUTION NO. 2004-091 RESOLUTION AUTHORIZING SUPPORT AND CONCURRENCE WITH THE POUGHKEEPSIE/DUTCHESS EMPIRE ZONE REVISION APPLICATION The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, New York State has created the Economic Development Zone program to encourage industrial and commercial development in selected municipalities across the State; and WHEREAS, Dutchess County, as an eligible municipality, received a designation for the Poughkeepsie/Dutchess Economic Development Zone (now Empire Zone) which has from time to time been amended and now included lands within the Cities of Beacon and Poughkeepsie; Towns of Amenia, Dover, Fishkill, East Fishkill, Hyde Park, Poughkeepsie, and Wappinger; and Villages of Fishkill and Wappingers Falls; and WHEREAS, administration of the program is essential for an individual business to obtain and maintain Empire Zone Certification, thereby making it eligible to receive the financial incentives; and WHEREAS, New York State has amended the zones program to increase benefits; and WHEREAS, Dutchess County wants to revise the zone boundaries to encourage industrial and commercial development by excluding certain unsuitable lands located within the City of Poughkeepsie and the Town of Poughkeepsie and adding other suitable lands within the City of Poughkeepsie, Towns of Poughkeepsie and Wappinger, and adding new territory within the Town of Pawling not currently in the Empire Zone; and WHEREAS, the Town of Wappinger is committed to the development of new business within the proposed lands; and WHEREAS, the Town of Wappinger wishes to support and concur with the Empire Zone Revision Application. 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 in its capacity as the governing body of the Town of Wappinger, does hereby support and concur with the Poughkeepsie/Dutchess Empire Zone Revision Application as 2 03/08/2004.WS described in Dutchess County Local Law Resolution No. 203043 Requesting Boundary Revision for the Poughkeepsie/Dutchess Empire Zone. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-115 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR BLEACHERS FOR ROBINSON LANE The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Recreation Committee has recommended the purchase of one, five row bleacher to be used at Robinson Lane, and WHEREAS, the Recreation Commission received bids as follows: BSN Sports US games Flaghouse Collegiate Pacific Great Lakes Sports $2,249.00 +17% Shipping $2,249.00 +17% Shipping $3,119.00 +17% Shipping $3,295.00 +17% Shipping $2,645.95 +17% Shipping WHEREAS, the Recreation Committee has requested a purchase order in the amount of Two Thousand, Seven Hundred Dollars ($2,700.00) payable to BSN Sports. 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 BSN Sports from Account B-7310.2, in accordance with a letter dated February 17, 2004 from Peggy Roe, Recreation Secretary, to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-116 k] 03/08/2004.WS RESOLUTION AUTHORIZING BUILDING INSPECTOR AND DEPUTY BUILDING INSPECTOR TO ATTEND CONFERENCE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Town Board wishes to authorize George Kolb, Building Inspector, and Salvatore Morello, Deputy Building Inspector, to attend the 17th Annual Hudson Valley Code Enforcement Officials Educational Conference in Poughkeepsie, New York on April 21, 22 and 23, 2004. NOW, THEREFORE, BE IT RESOLVED, that George Kolb, Building Inspector, and Salvatore Morello, Deputy Building Inspector are hereby authorized to attend to the 17th Annual Hudson Valley Code Enforcement Officials Educational Conference in Poughkeepsie, New York on April 219 22 and 23, 2004, at a cost not to exceed One Hundred, Eighty Dollars ($180) 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 hereby duly declared adopted. RESOLUTION NO. 2004-117 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 FOR 99-2R CONTRACT NO. 7: CLEARWELL AND PUMP INSTALLATION The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Engineers to the Town, Paggi, Martin & Del Bene have approved Completion Change Order No. 1 for Wappinger Water Improvement Area-1999-2R-7:Clearwell and Pump Installation as per a letter dated February 10, 2004, a copy of which is 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 hereby approves completion change order No. 1 to Wappinger Water Improvement Area -1999-2R, Contract No. 7: Clearwell and Pump Installation between the Town and Weltech Construction Corporation in the amount of Six Thousand, Eight Hundred, Seventy Dollars and 00/100 ($6,870.00) for the reasons set forth in the letter dated February 4 03/08/2004.WS 10, 2004 from Joseph E. Stankavage of Paggi, Martin & DelBene to the Town Board. Voting Aye The foregoing was put to a vote which resulted as follows: Voting Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-118 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 FOR 99-2R CONTRACT NO.7 (E): ELECTRICAL SYSTEMS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Engineers to the Town, Paggi, Martin & Del Bene have approved Completion Change Order No. 1 for Wappinger Water Improvement Area -1999 -2R -7(E) as per a letter dated February 9, 2004, a copy of which is 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 hereby approves completion change order No. 1 to Wappinger Water Improvement Area -1999-2R, Contract No. 7 (E) between the Town and Sausto Contracting in the amount of Nine Thousand, Three Hundred, Eighty-seven Dollars and 71/100 ($9,387.71) for the reasons set forth in the letter dated February 9, 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 Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-119 RESOLUTION AWARDING CONTRACTS FOR HIGHWAY DEPARTMENT SUPPLIES The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. 5 03/0812004.W8 WHEREAS, the Town of Wappinger Highway Superintendent, Graham Foster, has solicited bids for the supply of various Highway Department materials; and WHEREAS, bids were received and reviewed by Town of Wappinger Highway Superintendent Graham Foster; and WHEREAS, Town of Wappinger Highway Superintendent, Graham Foster, has provided an award recommendation to the Town Board. NOW, THEREFORE, BE IT RESOLVED, that the Contract for the supply of Unleaded Plus gasoline for the Highway Department is hereby awarded through State Contract; and BE IT FURTHER RESOLVED, that the Contract for the supply of No. 2 Fuel Oil and Diesel Fuel is hereby awarded through State Contract with process based on the Journal of Commerce New York Harbor Reseller Tank Car Average; and BE IT FURTHER RESOLVED, that the Contract for Run of Bank Gravel be awarded to Route 82 Sand & Gravel, at the delivered price of $8.25 per ton, and BE IT FURTHER RESOLVED, that the Contract for 1/" washed gravel be awarded to Metzger Construction, at the delivered price of $13.99 per ton, and BE IT FURTHER RESOLVED, that the following bids are awarded to Metzger Construction. Item 1/" Crushed Stone 3/8" Crushed Stone 1/2" Crushed Stone 3/" Crushed Stone 1 1/2" Crushed Stone 2 1/2" Crushed Stone Quarry Item 4 1/4" Washed Gravel Tailings Cost $18.09 per ton del. $17.90 per ton del. $17.11 per ton del. $15.40 per ton del. $17.10 per ton del. $17.15 per ton del. $12.72 per ton del. $13.99 per ton del. $17.15 per ton del. BE IT FURTHER RESOLVED, that the following bids are hereby awarded to Route 82 Sand and Gravel: Item 3/8" Washed Gravel 1/2" Washed Gravel 5/8" Washed Gravel 3/4" Washed Gravel n Cost $13.50 per ton del. $13.50 per ton del. $13.50 per ton del. $13.50 per ton del. r 1 1h" Washed Gravel 21h" Washed Gravel 03/0812004.WS $13.50 per ton del. $13.50 per ton del. Snow/Ice Aggregates $12.95 per ton del. Washed Tailings $13.50 per ton del. BE IT FURTHER RESOLVED, that blacktop needed by the Highway Department will be purchased through the New York State Office of General Services Bid; and BE IT FURTHER RESOLVED, that pipe needed by the Highway Department will be purchased through the New York State Office of General Services Bid; and BE IT FURTHER RESOLVED, that the Contract for Bulk Pick-up will be awarded to Royal Carting; and BE IT FURTHER RESOLVED, that the Contract for Road Striping be awarded to Atlantic Pavement Marking, Inc.; and BE IT FURTHER RESOLVED, that the contract for the 40,000 GVWR Dump Truck be awarded to Arkel Motors at a cost of $57,800; and BE IT FURTHER RESOLVED, that the Contract for a Pick up Truck be awarded to Poughkeepsie Chevrolet at a cost of $30,572.00; and BE IT FURTHER RESOLVED, that the Contract for the Plow and Body be awarded to Dutchess County Diesels at a cost of $45,575.00; and BE IT FURTHER RESOLVED, that the Contract for supply of catch basins to the Highway Department is hereby awarded as follows: Size Cost Awarded Business 24x24x24 $137.50 Carmel Winwater 30x48x24 $220.00 Expanded Supply Corp. 30x48x30 $230.00 Expanded Supply Corp. 30x24x24 $175.00 Carmel Winwater BE IT FURTHER RESOLVED, that the Contract for supply of manhole lids, water risers, grates and frames, manhole risers, and catch basin risers to the Highway Department is hereby awarded as follows: Manhole Lids: Size Cost Awarded Business 2x24 $57.60 Vellano 2x26 $90.00 Vellano Water Risers: 6x1 $4.00 Vellano 6x2 $4.50 Vellano 6x3 $6.50 Vellano 71h x1 $4.00 Expanded Supply Corp. 7 03/08/2004.WS 7 1/2 x2 $7.00 Expanded Supply Corp. 71/2 x3 $9.00 Expanded Supply Corp. Grate/Frames: 24x24 $83.00 Expanded Supply Corp. 30x48 $220.00 Expanded Supply Corp. 30x30 $106.00 Expanded Supply Corp. Manhole Risers: 2x24 $34.00 Expanded Supply Corp. 2x 1/2x25 3/8 $49.00 Expanded Supply Corp. 2x253/4 $47.13 Carmel Winwater Catch Basin Risers: Size Cost Awarded Business Up to 550 $116.00 Expanded Supply Corp. 551-625 $116.00 Expanded Supply Corp. 626-730 $122.00 Expanded Supply Corp. 731-1133 $135.00 Expanded Supply Corp. Over 1134 $162.00 Expanded Supply Corp. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-120 RESOLUTION AUTHORIZING THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW NO.4 OF THE YEAR 2004, AMENDING CHAPTER 122 AND VARIOUS OTHER SECTIONS OF THE TOWN OF WAPPINGER CODE" The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. 4 of the Year 2004, Amending Chapter 122 and various other sections 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 March 8, 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 E r 03/08/2004.WS 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. 4 of the Year 2004, Amending Chapter 122 and various other sections 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 Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. Thomas Gleason, Inc. RESOLUTION NO. 2004-121 Earthcon Industries RESOLUTION AWARDING BID FOR WAPPINGER PARK WATER IMPROVEMENT CONTRACT NO. 97-003 The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, bids were opened on March 4, 2004, and reviewed by Gloria Morse, Town Clerk of the Town of Wappinger for the Proposed Wappinger Park Water Improvement Contract No 97-003 (85), and WHEREAS, bid were received as follows: H. Osterhoudt Excavating $397,880.00 Grant Street Construction $419,000.00 Lash Contracting $461,480.00 CA Philips Construction Corp. �•• $481,749.00 Ruckels, Inc. $508,508.00 Roehrs Construction $528,940.00 WJL Equities Corp. $566,800.00 Thomas Gleason, Inc. $576,969.00 Earthcon Industries $602,045.65 Schipp Construction Co, Inc. $630,630.00 Marquise Construction Corp. $684,400.00 Ben Ciccone, Inc. $695,595.00 z 03/08/2004.WS Sun Up Enterprises, Inc. $713,000.00 Coyle Industries, Inc. $844,215.00 WHEREAS Joseph Stankavage, of Paggi, Martin and DelBene, has provided an award recommendation to the Town Board. 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 Contract for the Wappinger Park Water Improvement Contract No. 97-003 (85) is hereby awarded to H. Osterhoudt Excavating, Inc. for an amount not to exceed Three Hundred, Ninety-seven Thousand, Eight Hundred Eighty Dollars ($397,880.00) in accordance with the award recommendation letter dated March 5, 2004 from Joseph Stankavage of Paggi, Martin and DelBene, to the Town Board. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-122 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR CLAY FOR THE ROBINSON LANE FIELDS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina WHEREAS, the Recreation Committee has recommended the purchase of twenty-five tons of Beam Clay to be used on the fields at Robinson Lane, and WHEREAS, the Recreation Commission received bids as follows: Partac Peat Corp. Southern Industrial Sand DeVitts $77.50 per ton delivered Does Not Carry Does Not Carry WHEREAS, the Recreation Committee has requested a purchase order in the amount of Two Thousand Dollars ($2,000.00) payable to Partac Peat Corp. 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. 10 03/08/2004.WS 2. A purchase order is hereby authorized in the amount of Two Thousand Dollars ($2,000.00) payable to Partac Peat Corp from Account A-7110.4, in accordance with a letter dated March 2, 2004 from Peggy Roe, Recreation Secretary, to the Town Board. The foregoing was put to a vote which resulted as follows: Voting Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. Voting RESOLUTION NO. 2004-123 The Resolution is hereby duly declared adopted. RESOLUTION AUTHORIZING ZONING ADMINISTRATOR TO ATTEND CONFERENCE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Town Board wishes to authorize Tatiana Lukianoff, Zoning Administrator, to attend the 17th Annual Hudson Valley Code Enforcement Officials Educational Conference in Poughkeepsie, New York on April 21, 22 and 23, 2004. NOW, THEREFORE, BE IT RESOLVED, that Tatiana Lukianoff, Zoning Administrator is hereby authorized to attend to the 17th Annual Hudson Valley Code Enforcement Officials Educational Conference in Poughkeepsie, New York on April 21, 22 and 23, 2004, at a cost not to exceed One Hundred, Eighty Dollars ($180) 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 hereby duly declared adopted. RESOLUTION NO. 2004-124 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR PORTAJOHNS FOR TOWN PARKS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Recreation Committee has recommended the rental of Portajohns for Town facilities, and WHEREAS, the Recreation Commission received bids as follows: Regular Units Handicap Total 11 Superior Sanitation $75 per month Enviroclean Porto Potty $80 per month M&O Sanitation Jones Septic $125 per month No Response $120 per month $175 per month $175 per month 03/08/2004.WS $6,375 $7,345 $7,345 WHEREAS, the Recreation Committee has requested a purchase order in the amount of Six Thousand, three Hundred, Seventy-five Dollars ($6,375.00) payable to Superior Sanitation. 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 Six Thousand, three Hundred, Seventy-five Dollars ($6,375.00) payable to Superior Sanitation payable from Accounts A-7110.4 ($5,115) and B-7310.4 ($1,260), in accordance with a letter dated February 19, 2004 from Peggy Roe, Recreation Secretary, to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-125 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR FIREWORKS FOR LITTLE LEAGUE OPENING DAY The following Resolution was introduced by Councilwoman McCarthy and seconded Councilman Bettina. WHEREAS, the Recreation Committee has requested a purchase order for fireworks for Little League Opening Day to be held on April 17, 2004, and WHEREAS, the Recreation Committee has requested a purchase order in the amount of Two Thousand, Five Hundred Dollars ($2,500.00) payable to Legion Fireworks. 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 Two Thousand, Five Hundred Dollars ($2,500.00) payable to Legion Fireworks payable from Accounts A-7550.4), in accordance with 12 03/0812004.WS 2. A purchase order is hereby authorized in the amount of Two Thousand Dollars ($2,000.00) payable to Partac Peat Corp from Account A-7110.4, in accordance with a letter dated March 2, 2004 from Peggy Roe, Recreation Secretary, to the Town Board. The foregoing was put to a vote which resulted as follows: Voting Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. Voting RESOLUTION NO. 2004-123 The Resolution is hereby duly declared adopted. RESOLUTION AUTHORIZING ZONING ADMINISTRATOR TO ATTEND CONFERENCE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Town Board wishes to authorize Tatiana Lukianoff, Zoning Administrator, to attend the 17th Annual Hudson Valley Code Enforcement Officials Educational Conference in Poughkeepsie, New York on April 21, 22 and 23, 2004. NOW, THEREFORE, BE IT RESOLVED, that Tatiana Lukianoff, Zoning Administrator is hereby authorized to attend to the 17th Annual Hudson Valley Code Enforcement Officials Educational Conference in Poughkeepsie, New York on April 21, 22 and 23, 2004, at a cost not to exceed One Hundred, Eighty Dollars ($180) 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 hereby duly declared adopted. RESOLUTION NO. 2004-124 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR PORTAJOHNS FOR TOWN PARKS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Recreation Committee has recommended the rental of Portajohns for Town facilities, and WHEREAS, the Recreation Commission received bids as follows: Regular Units Handicap Total 11 03/08/2004.W S Superior Sanitation $75 per month $120 per month $6,375 Enviroclean Porto Potty $80 per month $175 per month $7,345 M&O Sanitation $125 per month $175 per month $7,345 Jones Septic No Response WHEREAS, the Recreation Committee has requested a purchase order in the amount of Six Thousand, three Hundred, Seventy-five Dollars ($6,375.00) payable to Superior Sanitation. 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 Six Thousand, three Hundred, Seventy-five Dollars ($6,375.00) payable to Superior Sanitation payable from Accounts A-7110.4 ($5,115) and B-7310.4 ($1,260), in accordance with a letter dated February 19, 2004 from Peggy Roe, Recreation Secretary, to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-125 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR FIREWORKS FOR LITTLE LEAGUE OPENING DAY The following Resolution was introduced by Councilwoman McCarthy and seconded Councilman Bettina. WHEREAS, the Recreation Committee has requested a purchase order for fireworks for Little League Opening Day to be held on April 17, 2004, and WHEREAS, the Recreation Committee has requested a purchase order in the amount of Two Thousand, Five Hundred Dollars ($2,500.00) payable to Legion Fireworks. 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 Two Thousand, Five Hundred Dollars ($2,500.00) payable to Legion Fireworks payable from Accounts A-7550.4), in accordance with 12 03/08/2004.WS a letter dated February 10, 2004 from Ralph Holt, Chair, Town or Wappinger Recreation Committee to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-126 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR TOWN GYMNASTICS PROGRAM The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Recreation Committee has requested a purchase order for the Town's Boys and Girls Gymnastics Program, and WHEREAS, the Recreation Committee has requested a purchase order in the amount of One Thousand, Seven Hundred, Three Dollars and 16/100 ($1,703.16) payable to the Wappingers Central School District (Myers Corners School). 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 One Thousand, Seven Hundred, Three Dollars and 16/100 ($1,703.16) payable to the Wappingers Central School District (Myers Corners School) payable from Account A-7110.4, in accordance with a letter dated February 18, 2004 from Peggy Roe, Recreation Secretary to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-127 RESOLUTION AUTHORIZING TOWN CLERK TO ATTEND CONFERENCE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. 13 03/08/2004.WS WHEREAS, the Town Board wishes to authorize Gloria Morse, Town Clerk, to attend the New York State Town Clerks Association 2004 Conference in Saratoga Springs, New York on April 18, 19, 20, and 21, 2004. NOW, THEREFORE, BE IT RESOLVED, that Gloria Morse, Town Clerk, is hereby to attend the New York State Town Clerks Association 2004 Conference in Saratoga Springs, New York on April 18, 19, 20, and 21, 2004, at a cost not to exceed Six Hundred, Thirty-two Dollars and 00/100 ($632.00) for registration and hotel accommodations. 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. 2004-128 RESOLUTION TO AUTHORIZE BID FOR PRINTING OF RECREATION GUIDE Aye Aye Aye Aye Aye The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town Board wishes to have a Recreation Guide printed for the Town of Wappinger, and WHEREAS, bids were received as follows: Company 3000 4000 5000 Tri-State Litho $2,550 $2,905 $3,250 Lithography by Design $3,935 $4,097 $4,514 Cardinal Press $3,939 $4,631 $5,292 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. The bid is hereby awarded to Lithography by Design as recommended by Richard Wambach in his letter dated February 25, 2004 in an amount not to exceed $3,935 for 3,000 copies, $4,097 for 4,000 copies, and $4,514 for 5,000 copies. 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. 14 Aye Aye Aye Aye Aye 03/08/2004.WS NEW BUSINESS Mr. Valdati received a letter from a constituent who owns T&C Enterprises on the corner of Old Hopewell Road and 9D. When the large tractor trailers make the turn onto Old Hopewell heading towards Route 9, it seems they cut the corner short and their rear axles go over onto the property. It seems like an unsafe situation. Can the town provide some sort of relief for him. Jay Paggi, Engineer to the Town explained that the state governs that intersection. Mr. Paggi said he could direct a letter to the new permit engineer, Ron Gehrig and ask him if anything can be done. Mr. Valdati wished to have Mr. Paggi also send a copy of that letter to the owner of T& C Enterprises, Mr. DiPietrantonio at 2350 Route 9D. Mr. Valdati wished to know if the Master Plan Survey would be sent to village residents also. Al Roberts, Attorney to the Town responded that we only have jurisdiction for zoning in the area outside the village. The comprehensive plan has to do with the growth development of the town which is a predicate to adopting the zoning ordinance. The town only has jurisdiction for those issues in the area of the town outside of any incorporated village. The village has its own ordinance and comprehensive plan. Mr. Bettina had several items he wished to discuss. Residents of Osborne Hill have been calling him in regard to the availability of town water in their district. Supervisor Ruggiero said we are working on getting letters out. Mr. Bettina also wished to get going on the drainage problem in Chelsea, and his next concern is to get drinkable water for the residents of the Chelsea area. Supervisor Ruggiero explained that project is on the way. Mr. Paggi said he would run the numbers again. Mr. Bettina would also like a public informational meeting after Mr. Paggi performs a desk top study. At this time, 8:40 pm, Councilman Bettina moved to go into Executive Session to discuss litigation, seconded by Councilwoman McCarthy and unanimously carried. The meeting reconvened at 9:05 p.m. with all board members in attendance. There was no action taken at Executive Session. Councilman Bettina moved to close the meeting, seconded by Councilman Valdati and unanimously carried. The meeting adjourned at 9:07 p.m Gloria J. Morse Town Clerk 15 Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. low Town of ----- WapP:Lnger---------------------------------------------------------------------- Local Law No. _________ #4_______________________ of the year 20 --- A local law ____entitled_"Zncal_La_Ncz._______si£_1>@_ Rear _2004,_ Amending___ _ _ ___ _ (1—n Tid<) __-_Chapter 122 and various other sections of the Town of --------------------------------------------------------------------------------------- __ Wa�pinger Code"____________ -------------------------------------------------------------------- Beit enacted by the __Town Board ------- ---------------- ----------------------------------------- (Nan.< oJL gi..btiv<Bvdr) . TCM of --------- a-pp:Lnger----------------- TEXT COMMENCES ON NEXT PAGE -------------------------------------------- as follows: (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. #4 OF THE YEAR 2004 A Local Law entitled "Local Law No. -g4- of the Year 2004, Amending Chapter 122 and various other sections 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. #4 of the Year 2004, Amending Chapter 122 and various other sections of the Town of Wappinger Code" and by the adoption thereof, shall amend Chapter 122 to include a new Article, Article IV, to include a Schedule of Fees charged by the Town for various permits, licenses, and other activities, as set forth below, and which shall also amend various sections of the Town Code, and which shall also increase and/or modify the calculation of some of the fees charged by the Town. Section U: Legislative Intent• The Town Board has determined that it is in the best interest of the Town and its residents to clearly and concisely enumerate the fees charged by the Town for various permits, licenses and other activities regulated by the Town. The Town Board has further determined that enumerating all such fees in one location in the. Town Code will provide residents of the Town with easy access to the fees charged by the Town, and will help to ensure uniform application of Town fees. The Town Board has further determined that some of the fees charged by the Town are insufficient for the work being performed, have not been adjusted for many years (in some cases, decades), and some are calculated in a confusing or unclear manner. As such, -some of the fees are in need of being raised to more reasonable and current rates, and/or are in need of being subject to new formulas for calculating. Accordingly, it is the determination of the Town Board that Chapter122 of \\Vsrp03\C0mmon\Wappinger\Town Board\LOCAL LAW\Fees\Law-Resol-Hearing.doc the Town of Wappinger Code should be amended to include a new Article, known as "Article IV", "Schedule of Fees", to enumerate, and in some instances increase and/or modify the calculations of, the fees charged by the Town for various permits, licenses and other activities regulated by the Town. It is the further determination of the Town Board that other sections of the Town Code which reference fees for various permits, licenses and other activities should be amended to make reference to the new article (Article M of Chapter 122 of the Code. Section III: The Town of Wappinger Code Chapter122 ("Fees") is hereby amended by adding the following Article, "Article IV", "Schedule of Fees", which shall appear in Chapter 122 of the Town of Wappinger Code following the current text of Chapter 122 as follows: Article IV Schedule of Fees §122-14. Purpose. This article proposes to provide a consolidated schedule of fees to be charged by the Town of Wappinger in the administration of town laws, ordinances, regulations and local law and to permit periodic review and modification of such fees by the Town Board by local law adopted in accordance with this chapter. §122-15. Applicability. The fees set forth in this article shall apply to the provisions of all local laws, ordinances, regulations and resolutions adopted by the Town of Wappinger and shall supersede any specific fee contained or referred to in such laws, ordinances, regulations or resolutions which have been adopted prior to the date of this article. References to section numbers (denoted by the "§" symbol) within section 122-16 of this article refer to sections of the Code of the Town of Wappinger from which the particular fee in question is derived. If no section number is indicated for a particular fee, that fee was enacted at the time of adoption of this article by local law. §122-16. Fee Schedule. The fee schedule shall be as follows: A. Chapter 1. General Provisions. (1) §1-9. Sale of the Code Book: $125.00 \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-R2oI-Hearin g.doc —0 —0 B. Chapter 50. Records. (1) §50-7.A. Copies: $0.25 per page (2) §50-7.B. Certification: $0.25 C. Chapter 68. Animals. (1) §68-8.B. Redemption Feed :$50.00 for 1St occasion $100.00 for 2nd occasion $200.00 for 3rd, and subsequent, occasion(s) (2) §68-10. Adoption: $20.00 D. Chapter 71. Assemblies, Mass Public. (1) §71-4.B. and 71-9. Permit Application Fee: $35.00 per day E. Chapter 80. Blasting. (1) -§80-5.A. Blaster's License: $50.00 (2) §80-5.C. Blaster's License Renewal or Extension: $10.00 per day F. Chapter 133. Flood Damage Prevention. (1) §133-11.B. Floodplain Development Permit Fee: $50.00 G. Chapter 143. Garage and Yard Sales. (1) §143-4.K. Garage/Yard Sale Permit: No Fee H. Chapter 153. Junkyards. (l) §153-5.A. License Fee: $200.00 per year (2) §153-5.A Subsequent inspections for failure to comply: $50.00 per inspection An rceaempnon tees in this Chapter may also include the additional costs of kenneling and medical care provided, such as required shots. \\VSrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-Rjo]-Hearing.doc 6" I. Chapter 175. Peddling and Soliciting. (1) §175-7.B. and 175-9.A. Application/License Fee: $200.00 per year (2) §175-9.B. Weekend only permit: $35.00 (3) §175-10.B. Replacement Fee for Lost or Stolen License: $25.00 1. Chapter 206. Soil Erosion and Sediment Control. (1) §206-17. Grading Permit Fees: For projects of 3 acres or less: $45.00 For projects exceeding 3 acres — 50 acres: $115.00 For projects exceeding 50 acres: $250.00 (2) §206-17. Inspection Fees: For projects of 3 acres or less: $100.00 For projects exceeding 3 acres, use the formula: 20 (slope) X 5 (total area in acres) or 20 M X 5A' K. Chapter 214. Streets and Sidewalks. (1) §214-7. Permit fee for excavating in or under highway: $50.00 (2) §214-18. Driveway Permit fee: $50.00 L. Chapter 217. Subdivision of Land. (1) Subdivision Application Fee: $500.00, plus $150.00 per lot (2) Recreation Fee: For 1-9 lots, $2000.00 per lot; For 10 or more lots, the Planning Board shall determine - whether to require the reservation of land, or payment of $2000.00 per lot. M. Chapter 234. Water. \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-Rgol-Hearing.doc (1) §234-44.B. Permit fee to open streets, lanes, etc. to install mains, services, etc.: $50.00 (2) §234-45. Fee for turning water on and/or off at owner's request: $50.00 per request N. Chapter 240. Zoning. (1) §240-48. Special Use Permit Application Fees: Special Permit —Accessory Apartment: $100.00 per application Special Permit —Regular Fee: $50.00 per application (2) §240-59 Permit fee for temporary outdoor use and/or sales: $35.00 (3) §240-84. Site Plan Fees: Site Plan Application Fee: $500.00, plus $150.00 per 1000 sq. ft. of gross floor area of the building. Plus $10.00 per parking space. Amended Site Plan Application Fee: $250.00, plus $150.00 per 1000 sq. ft. of floor area. (4) Conceptual Review Fee (subdivision, site plan, special permit): $250.00 per application. The conceptual review fee shall be credited toward formal review fees. (5) §240-107. Fees for Applications to Zoning Board of Appeals: (Resident) Area/Use Variance Fee: $50.00 per application (Commercial) Area/Use Variance Fee: $250.00 pet application Interpretation Fee: $35.00 per application \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-R5ol-Hearing.doc t (6) §240-108. Building Permit Fees: a. Construction: I. RESIDENTIAL2: 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/Garages3: 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 heat4: $0.35 per square foot (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: $5-0.-06 un;iuues ivew � onstruction, Renovations, and Additions. 3 Use square footage of ground floor only for 2 -Story garages a Porches or decks which are enclosed with heat may be considered to be living space subject to the applicable charge for living space. \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-Rool-Hearing.doc II. COMMERCIALS (references herein are to Use and Occupancy Classifications as set forth in the New York State Building Code): 1. New Construction i. For Use and Occupancy Classifications A, E, F, H, I, R-3 and R-4, fee is $1.00 per square foot up to and including 5000 square feet; plus $0.50 per square foot over 5000 square feet. ii. For Use and Occupancy Classifications B and M, fee is $0.75 per square foot up to and including 5000 square feet; plus $0.30 per square foot over 5000 square feet. For Use and Occupancy Classifications S and U, fee is $0.40 per square foot up to and including 5000 square feet; plus $0.20 per square foot over 5000 square feet. 2. Renovations: i. '/z of New Construction costs in section IL I., above. b. Demolition: $50.00 plus $0.01 per square foot c. Alterations and Structural repairs6: $50.00 per inspection/visit; Building Department will estimate number of visits based on the nature of the permit. d. Certificate of Occupancy (includes new C/O and a C/O for change of use or for change of occupant): $100.00 "'COMMERCIAL" includes, among other things, apartment buildings and multi -family homes, except 2 -family homes, which are addressed in "RESIDENTIAL", above. s Building Department has discretion to determine whether an applicant's project is an alteration, a structural repair or a renovation. \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-Rcfol-Hearing.doe Other Building Permit Fees: Fireplace/Stove/Chimney: Replacement of Furnace/Boiler �: Electrical Upgrades 8: Tent (temporary permit for outdoor sales on commercial site): Compliance fee for structure or use for which no permit or C/O was obtained: $50.00 $50.00 $50.00 $50.00 $200.00 plus cost of building permit for structure/use Re -inspection fee for prior non-compliance (3`d and subsequent visits): $50.00 per visit C/O and/or municipal violation search: $75.00 (7) §240-110. Escrow Funds: For SUBDIVISIONS, the applicant shall deposit and maintain a sum calculated as follows: Number of lots Amount 0-2 $ 3,750.00 3-10 $ 7,500.00 11 —35 $22,500.00 >35 $52,500.00 For SITE PLANS & REGULAR SPECIAL USE.PERMITS, the applicant shall deposit and maintain a sum calculated as follows: Square Footage Amount 0 to 3,000 $ 3,750.00 3,001 to 20,000 $ 7,500.00 20,001 to 50,000 $22,500.00 >50,000 $52,500.00 For MINOR APPLICATIONS9, the applicant shall deposit and maintain Includes hot water heat/plumbing alterations and central air condition systems $ Includes change electrical service, any extensions of electric facilities added, new outlets/switches/fixtures 9 Includes: Accessory Apartments; Professional Office or Studio Uses in a Residence; Home Occupations involving onsite clients, visitors, customer or patrons; lot line changes and land transfers which result in conforming lots and which involve less than 10% of the minimum lot area of each involved lot; and subdivisions in which no new building lots are created. \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAWTFees\Law-R9o1-Headng.doc a sum calculated as follows: $500.00 For VARIANCES, the applicant shall deposit and maintain a sum Determined by the Zoning Board of Appeals. For ROAD INSPECTION, the applicant shall deposit a sum equal to 3% of the construction costs as estimated by the Town Engineer. (8) §240-112.A.(2). Application/Petition Fee for Rezoning: $1000.00 O. Miscellaneous Fees. (1) Sign Permit Application Fee: $1.50 per sq. R. (double if two-sided). (2) Garbage Tickets: $2.00 per ticket for seniors (60 and over) $4.00 per ticket for all others (3) Returned Check Fee: $35.00 (4) Plans & Specs10: $50 - $100.00 §122-17. Periodic Review. The Town Board may periodically review the fee schedule set forth in this article and may, by local law, after public hearing for which notice shall be given 10 days prior, amend the fees set forth herein. Sect_: Amendments to the Code. The following provisions of the Code are also amended: 1. Section 1-9 entitled "Sale of Code book; supplementation", is hereby amended to read as follows: "Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk, or an authorized agent of the Clerk, upon the payment of a fee as set forth in Chapter 122, Article IV, § 122-16.A of the Code. The Clerk may also arrange for procedures for the periodic supplementation of the Code." 2. Section 1-1 LB, is hereby amended to read as follows: "Fees: Specific fee amounts are set forth in Chapter 122, Article IV of the Code." 10 Refers to plans and specs to be obtained from the Town of Wappinger by bidders for Town projects. \\Vsrp03\C0mmon\Wappinger\Town Board\LOCAL LAW\Fees\Law-Rgol-Hearing.doc 3. Section 50-7.A.(1) is hereby amended to read as follows: "The Town officer or employee charged with the custody and keeping of the record shall, upon request, make a copy or copies of any record subject to such inspection upon a payment of a fee as set forth in Chapter 122, Article IV, § 122- _ 16.B.(1) of the Code." 4. Section 50-73 is hereby amended to read as follows: "Certification. Any Town officer or employee charged with the custody and keeping of any such record shall, upon request, certify a copy of a document or record prepared pursuant to the provisions of the preceding subsection upon payment of a fee as set forth in Chapter 122, Article IV, § 122-16.B.(2). of the Code." 5. Section 68-8.B is hereby amended to read as follows: "Redemption Fees. At any time during the period of redemption, the owner of any dog seized may redeem such dog, provided that such owner produces proof that the dog has been licensed and has been identified, provided that the owner pays redemption fees as set forth in Chapter 122, Article IV, § 122-16.C.(1) of the Code." 6. Section 68-10.A is hereby amended to read as follows: "At the expiration of the appropriate redemption period an unredeemed dog may be made available for adoption for the adoption fees as set forth in Chapter 122, Article IV, §122-16.C.(2) of the Code." 7. Section 71-4.B.(1) is hereby amended to read as follows: "The applicant shall pay to the town a fee per each application as set forth in Chapter 122, Article IV, §122-16.D.(1) of the Code." 8. Section 71-9 entitled "Fees" is hereby amended to read as follows: "The applicant shall pay to the town a fee as set forth in Chapter 122, Article IV, §122-16.D.(1) of the Code at such time as he submits his application, which fee shall be returned by the town if such permit is not issued." 9. Section 80-5.A. is hereby amended to read as follows: \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-Rf fpI-Hearing.doc "A blaster's license shall be issued by the Town Clerk of the Town of Wappinger upon application on fon-ns prescribed by her and upon payment of a fee as set forth in Chapter 122, Article IV, § 122-16.E.(1) of the Code, provided that the applicant shall have complied with the requirements as provided for under the Labor Law and under the Codes, Rules and Regulations and all other state statutes and regulations as well as all local laws and ordinances and shall, in addition, have furnished evidence in the form of a certificate of insurance issued by an insurance company authorized to do business in the State of New York, in form acceptable to the Attorney to the town, guaranteeing that the applicant has in full force and effect at the time of the making of such application a policy of public liability insurance, including a specific endorsement covering any and all liabilities arising from blasting operations. The policy and certificate shall provide for bodily injury coverage in limits of not less than $500,000/$1,000,000 and for property damage coverage in limits of not less than $250,000 and shall further provide that the Town of Wappinger, Dutchess County, New York, will be held harmless from any and all claims, actions and proceedings which may be brought against it by any person, firm or corporation for injury to person or damage to property resulting from or occasioned by such blasting operations. Such policy shall contain the further provision that it shall not be canceled, terminated, modified or changed by the insurance company issuing it unless at least 10 days' prior written notice of such cancellation, termination, modification or change is sent to the Town Clerk by registered mail. The policy shall further provide that the presence of the Town Engineer or any consulting engineer responsible for specific town projects or their representatives on the site of the operation shall not affect the obligation of the insurer under its said policy. No blaster's license shall be valid unless such insurance coverage shall remain in full force and effect." 10. Section 80-5.C. is hereby amended to read as follows: "The blaster's license shall be valid only for one day at the location specified on the permit, its issuance providing that the applicant shall comply with the requirements contained in this chapter, with the Labor Law and with the Codes, Rules and Regulations. Separate application must be made for renewal or extension, and a fee as set forth in Chapter 122, Article IV, Section 122-16.E.(2) of the Code shall accompany each application for renewal or extension. Extension or renewal for a date 15 or more days beyond the first permit date shall not be permitted." 11. Section 122-13, entitled "Subdivision Recreation Fee", is hereby amended to read as follows: "The subdivision recreation fee is hereby set at an amount per lot subdivided as set forth in Chapter 122, Article IV, § 122-16.L of the Code, pursuant to the Subdivision Regulations of the Town of Wappinger and Town Law of the State of \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-RfJoI-Hearing.doc New York §§276 and 277. The fees per subdivision shall be calculated by the Zoning Administrator." 12. Section 133-11.13 is hereby amended to read as follows: "Fees. All applications for, a floodplain development permit shall be accompanied by an application fee as set forth in Chapter 122, Article IV, § 122-16.F.(1) of the Code. In addition, the applicant shall be responsible for reimbursing the Town of Wappinger for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit in an amount as set forth in Chapter 122, Article IV, § 122-16 of the Code to cover these additional costs." 13. Section 143-4.K is hereby amended to read as follows: "Each permit application shall be accompanied by a fee as set forth in Chapter 122, Article IV, §122-16.01.(1) of the Code." 14. Section 153-5.A is hereby amended to read as follows: "The fee for the license is set forth in Chapter 122, Article IV, §122-16.H.(1) of the Code, which sum covers not only the cost of issuing the license itself but also the cost of making the initial inspection of the premises to ascertain compliance with the regulations hereinafter prescribed. Any subsequent inspection resulting from failure to comply shall cost an amount as set forth in Chapter 122, Article IV, § 122-16.H.(2) of the Code. If noncompliance with this article shall exist 30 days after such initial inspection, the application theretofore made shall be deemed to be null and void and the applicant shall then cease and desist from all types and manner of junkyard operation." 15. Section 175-7.B is hereby amended to read as follows: "The application shall be accompanied by an application/renewal fee, as set forth in Chapter 122, Article IV, § 122-16.I.(1) of the Code, which shall be nonrefundable." 16. Section 175-9.A is hereby amended to read as follows: "An applicant for a license issued pursuant to this Chapter shall pay an annual license fee as set forth in Chapter 122, Article IV, § 122-16.I.(1) of the Code, to be collected by the Town Clerk." 17. Section 175-9.13 is hereby amended to read as follows: \\Vsrp03\Common\Wappinger\Town Board\LOCAL LA W\Fees\Law-Rf2D I -Hearing. d oc "A license for a one weekend only permit shall be issued only after the applicant has paid a fee in the amount set forth in Chapter 122, Article IV, § 122-16.(I)(2) of Code." 18. Section 175-103 is hereby amended to read as follows: "If a license issued pursuant to this Chapter is lost or stolen, such loss shall be reported to the Town Clerk within ten days of discovery of such loss or theft. Upon such notification, the Town Clerk shall issue a replacement license for a fee as set forth in Chapter 122, Article IV, § 122-16.I.(3) of the Code, to be collected by the Town Clerk." 19. Section 206-17 entitled "Fees" is hereby amended to read as follows: "The fees for permits and inspections based upon relevant criteria, is set forth in Chapter 122, Article IV, §§122-16.J.(1) and (2) of the Code." 20. Section 214-7 entitled "Issuance of permit; fee" is hereby amended to read as follows: "The Superintendent, upon a finding by him that the issuance of the permit is authorized by this article and general law, and upon compliance by the applicant with the herein -contained provisions relating to general liability insurance and security deposit, shall issue the permit for the proposed work and may attach'such reasonable conditions, including the specification of a completion date, as in his opinion may be necessary to protect the interest of the town and to guarantee the right of public access through and along said highway during the progress of the work. The fee for the permit shall be the sum as set forth in Chapter 122, Article IV, 122-16.K of the Code, which shall be deposited with the Superintendent upon issuance of the permit." 21. Section 214-18 entitled "Permit required for installation" is hereby amended to read as follows: "No person shall install or construct a private driveway with access on a public street without first obtaining a permit from the Town Highway Superintendent and paying the fee for such permit. The fee for such permit is set forth in Chapter 122, Article IV, §122-16K.(2) of the Code." 22. Section 217-12.E.(1) is hereby amended to read as follows: "Be made in duplicate on the application form, copies of which are available from the office of the Planning Board, and be accompanied by an application fee, payable to the Town of Wappinger, in accordance with the fees as set forth in Chapter 122, Article IV, §122-16.L of the Code." \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-Rf3l-Heming.doc 23. Section 217-13.B.(1) is hereby amended to read as follows: "Final application. The final application form filled out in duplicate, copies of which are available from the office of the Planning Board and a fee, if required, as set forth in Chapter 122, Article IV, § 122-16 of the Code." 24. Section 217-16.E is hereby amended to read as follows: "Inspection Fee. All applicants for approval of subdivisions involving the construction of streets and/or other improvements shall be required to submit an inspection fee, payable to the Town of Wappinger, in accordance with the fees as set forth in Chapter 122, Article IV, § 122-16 of the Code before the plat is signed." 25. Section 217-25.A.(4) is hereby amended to read as follows: "Cash payment in lieu of reservation. Where the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in a subdivision or where such a reservation is otherwise not appropriate or practical, the Board may require, as a condition to approval of any such plat, a payment to the Town in an amount set forth in Chapter 122, Article IV, §122-16.L of the Code." 26. Section 234-44.B is hereby amended to read as follows: "The fee for permission to open streets, lanes, walkways and other public grounds for the purpose of installing mains, services and other appurtenances shall be subject to permission and a fee as set forth in Chapter 122, Article IV, § 122-16.M of the Code." 27. Section 234-45 entitled "Fees for turning water on and off' is hereby amended to read as follows: "Water shall not be turned on or off except by the town's authorized agent. There will be no charge for the first turning on of the water, but should the Town Board or its agent turn it off because of any delinquency on the part of the consumer or for other valid cause, the water will not be turned on again until all the charges and a fee as may be set forth in Chapter 122, Article IV, § 122-16.M of the Code has been paid by the owner. When water is turned on or off at the request of an owner a fee may be charged as set forth in Chapter 122, Article IV, § 122-16.M of the Code. While so shut off by the Water Department at the curb box, the minimum charge for water will be made." \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-Rfp1-Hearing. doe 28. Section 240-43.A.(f) is hereby amended to read as follows: "Application fee: A certified check payable to the Town of Wappinger in accordance with the Town of Wappinger fee schedule as set forth in Chapter 122, Article IV, § 122-16 of the Code." 29. Section 240-48 entitled "Fees" is hereby amended to read as follows: "Application for a special permit shall be accompanied by a fee as set forth.in Chapter 122, Article IV, §122-16.N.(1) of the Code. The approving agency shall require the establishment of an escrow deposit in accordance with §240-11 OA(3) herein to reimburse the town for the professional review fees charged in connection with the review of the application." 30. Section 240-50.E.(1)(b) is hereby amended to read as follows: "Application and review fees for the proposed designed residential development shall be required in accordance with the current fee schedule as set forth in Chapter 122, Article IV, § 122-16 of the Code." 31. Section 240-5 LI is hereby amended to read as follows: "Fees. The Town of Wappinger subdivision fee schedule as set.forth in Chapter 122, Article IV, § 122-16 in the Code will apply with regard to applications for new mobile home parks with each trailer site equivalent to one lot." 32. Section 240-84 entitled "Application for site development plan approval" is hereby amended to read as follows: "Application for site development plan approval shall be made, in writing, at least three weeks in advance of a regularly scheduled Planning Board meeting. It shall be submitted to the Zoning Administrator and shall be accompanied by a detailed development plan prepared by a qualified individual or firm, such as a registered architect, landscape architect, or professional engineer. An application fee shall accompany each such application in an amount set forth in Chapter 122, Article IV, § 122-16.N.(3) of the Code. The Planning Board shall require the establishment of an escrow account deposit in accordance with §240-110A(3) herein to reimburse the Town for the professional review fees charged in connection with the review of the application. All applications shall provide the following information:" The remainder of Section 240-84 of the Code, including Sections 240-84.A, 240- 84.B and 240-84.0 shall remain the same. \\VsTp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-F"I-Heming.doe 33. Section 240-107.C.(2)(c) is hereby amended to read as follows: "An application fee shall accompany each such application in an amount set forth in Chapter 122, Article IV, § 122-16.N.(5) of the Code. The Zoning Board of Appeals shall require the establishment of an escrow account deposit in accordance with §240-11 OA(3) herein to reimburse the town for the professional review fees charged in connection with the review of the application." 34. Section 240-108.B.(4) is hereby amended to read as follows: "All applications for building permits shall be accompanied by a fee as set forth in Chapter 122, Article IV, § 122-16.N.(6) of the Code, which shall be retained by the town irrespective of the action taken on such application, and no application shall be deemed to have been received by the Building Inspector unless accompanied by the payment of such fee." 35. Section 240-108.D is hereby amended to read as follows: "Records. A record of all permits issued and the duplicate copies of each such permit and site plan shall be kept on file in the office of the Building Inspector, and certified copies thereof shall be furnished upon payment of a fee in accordance with the current fee schedule as set forth in Chapter 122, Article IV, § 122-16 of the Code for each copy." 36. Section 240-109.0 is hereby amended to read as follows: "Existing structures. The Building Inspector shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary interest in the building or premises affected. Upon written request from the owner and on payment by him to the Town of a fee in accordance with the current fee schedule as set forth in Chapter 122, Article IV, § 122-16.N of the Code, the Building Inspector shall issue a certificate of occupancy for any building or premises existing at the time of enactment of this chapter, certifying, after inspection, the extent and kind of use or disposition of the building or premises and whether such use or disposition of the building or premises conforms with the provisions of this chapter." 37. Section 240-110.A.(1) is hereby amended to read as follows: "All nonrefundable application fees shall be in an amount set forth in Chapter 122, Article IV of the Code. No fees shall be required from the Town or any of its districts." \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law-Rf6l-Hearing.doc 38. Section 240-110.A.(3)(a) is hereby amended to read as follows: "At the time of the submission of any application and prior to its review by the Town Board, the Planning Board, the Zoning Board of Appeals or the Building Inspector, the approving agency or agent shall require the establishment of an escrow amount, from which withdrawals shall be made to reimburse the town for the cost of professional review services. The applicant shall then provide funds to the Town for deposit into such account in an amount as set forth in Chapter 122, Article IV;.§ 122-16.N.(7) of the Code. It is the intent of these regulations to ensure that the applicant always has on deposit with the Town of Wappinger`an adequate amount of funds to ensure that the Town will never subsidize applicant review costs at any time. The applicant shall be provided with copies of the Town vouchers for such services as they are submitted to the Town. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the approving agency shall suspend its review of the application. In the case of post -approval inspections and reviews involving construction, the Town may issue a stop -work order. No subdivision plat or site development plan shall be endorsed or filed until all professional review fees charged in connection with the review of the project have been reimbursed to the Town. No building permit shall be issued unless all professional review fees charged in connection with the review of the applicant's project have been reimbursed to the Town and a new escrow account has been established to cover all post -approval review costs, including but not limited to inspection of construction of roads and driveways. No certificate of occupancy shall be issued unless all professional review fees charged in connection with the post -approval inspection and review of the project have been reimbursed to the Town. No refunds of any funds remaining on deposit in escrow shall be issued until after all pertinent professional review charges have been paid and the final certificate of occupancy has been issued to the project or, where applicable, the road has been accepted by the Town and the one-year maintenance period has expired. 39. Section 240-112.A.(2) is hereby amended to read as follows: "All petitions for rezoning shall contain a metes and bounds description of the property to be rezoned as well as the names and addresses of all adjacent and abutting property owners. The petition shall be submitted by the owner and shall describe in detail the reasons for the requested zoning. The Town Board may require the submission of such additional information as it deems appropriate. An application fee shall accompany each such application in an amount set forth in Chapter 122, Article IV, §122-16.N.(8) of the Code. The Town Board shall require the establishment of an escrow account deposit in accordance with §240- 110(A)(3) herein to reimburse the Town for the professional review fees charged in connection with the review of the application." \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fees\Law- FfspI- Hearin g.doc 40. The fees for subdivisions, site plans, special use permits, conceptual reviews, and variances reflected in the schedule entitled "Current Planning and Zoning Departments Fee Schedule", which are set forth immediately after section 240- 112.E of the Town Code, are hereby replaced by the fees set forth in Chapter 122, Article IV, §§122-16.L and 122-16.N. Additionally, the "calculation of escrow fund" reflected in the schedule set forth at the end of Chapter 240 of the Town Code is hereby replaced by the escrow fund calculations set forth in Chapter 122, Article IV, § 122-16.N. All other requirements enumerated in the "Requirements for Escrow Funds" and "Current Planning and Zoning Departments Fee Schedule", which are set forth at the end of Chapter 240 of the Town Code,, are hereby incorporated into Chapter 122, Article IV of the Code. Section V: 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. \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAWVees\Law-Rg$I-Hearin g.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.____________#_4________________ of 2004 of the a iner )(Town)() of----W--PP------------------------------------------------- was duly passed by the ---------------------------- onMarch _ $�------ 2004- ' (Name of Legislative Body) , In accordance with the applicable provisions of law. 2. (Passage by local legislative body,w�,Ith 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 the (County)(City)(Town)(Village) of ------------------------ --- - -- - - -- -- -- ------------------ - --- -----------duly e by20 the " ' ' ' - - - - - - was duly passed by the ----------------------------------------------- on -- 20 -- and was (approved)(not PP ----------------- ---------------- (NameofLegislativeBody) � pp nota roved)(repassedafte� disapproval) by the -------------------------------------------------- __________________________-------- ------------- and was deemed duly adopted __._ (Elective CFiefExecutive officer*)on __________________ 20� 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 the (CountY)(CitY)(Town)(Village) of---------------------------------asduly-passed of by the ---'---------------------------- was duly passed by the --------------------------------------------------- on------------------ 20----, and was (approved)(not approved)(repassed after ame o/Lrglslarive Body) disapproval) by the ---------------------------------------------- (Elective ChlefExecutive Officer-)--- Such local law was submitted 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 (gene ral)(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 the (County)(City)(Town)(Village) of ____________________ ----- of 20 ----- --------------------------------------------------- g was duly passed by the (Name ofl,efLrgislarive Body) on ------------------ 20---- , and was (approved)(not appro ed)( epa sed after disapproval) by the -------------------------------------------------- °n ------------------ 20 --- Such local law was subject to (Elective C6irfExecurive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of __________________ 2Q___ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ------------------------------------ of 20 ------ of the County of ---------------------------------------------------- State of New York, laving been submitted to the electors at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the %r. 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. 0 (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. n ' . Y Cleric of the County legislative.lfo�dy,ty, �`o or Village Clerkor officer designated by local legi body Gloria Mor e, T erk (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the Albert P. Roberts — Attorney to the Town Title to of Wappinger Town Date: -7 (3) 03/08/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on March 8, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on a proposed Local Law Amending Chapter 122 and various other section of the Town of Wappinger Code, "Fees". Supervisor Ruggiero opened the meeting at 7:39 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero asked if there were any question or comments from the public. There were none. Councilwoman McCarthy moved to close the Public Hearing, seconded by Councilman Paoloni and unanimously carried. The Public Hearing closed at 7:40 pm Gloria J. se Town Clerk DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING AMENDING CHAPTER 122 & VARIOUS OTHER SECTIONS OF THE TOWN OF WAPPINGER CODE STATE OF NEW YORK ) r. ) 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 February 11, 2004 your deponent posted a copy of the attached notice of Public Hearing on the proposed law amending Chapter 122 and various other sections of the Town of Wappinger Code 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. Town Cly Town of W Sworn to before me theft rr.r clay of MARIA GILBRIDE Notary Peblic, State of New York `. , r Res. No. OIG15087374 Qualified in DutchPss County Commission Expires Nov. 3, a E ':' T i,, i 1 T I I r`''M r, ,t (_ I_. r f 'I I •J �` I T ,. T T 1'.I r � H F t='I T IF 'i „ � :' ��. f"I . �:'� 1� I, l �.; 1,x,1,-, i- n t i"t1+r. 7 �_ifl t L..ia,�r trll"1 ;`1 �.I'� r. '� C. 2 1 C,hI I; l �' (''' p.l i;•, h- I >..., 1= ra .. !_. c �(ITr hof t.. t I`! I.I t"fr,'�,: n'—'I 1-1 I !- i'J t" i 'I_I �' �`• i"� 1-, •a' „ lr,l � l..l �� '' [71 1,1 Fit I, ALB"RT NOTARY PUBLIC, SY,4`1: OF htt=v) YORK QUALIFIED IN DuICNESS CoutifY # 14-8240760 C®MMISSION EXPIRES JUN 15 2007 -accordingly, NOTICE OF PUBLIC HEARING no environmental re - view has been undertaken. - TOWN OF WAPPINGER PLEASE TAKE FURTHER NO - NOTICE IS HEREBY GIVEN that TICE that copies of the proposed the Town Board of the Town of Local Law No- of the Year 2004 Wappinger will conduct a PUBLIC are available for review and in - HEARING on the 8th day of March, 2004, at 7:30 p.m. at the Town Hall, spection at the Office of the Town Clerk on weekdays from 8:30 a.m. Town of Wappinger, 20 Middlebush to 4:00 p.m., at the Town Hall, 20 Road, Wappingers Falls, New York, Middlebush Road, Wappingers at which time all parties in interest Falls, New York. and citizens shall have an opportu- Dated: February 9, 2004 nity to be heard as to whether the BY ORDER OF THE TOWN Town Board of the Town of BOARD OF THE TOWN OF Wappinger shall adopt a proposed WAPPINGER Local Law entitled "Local Law No. GLORIA J. MORSE, Town Clerk __ of the Year 2004, Amending --- Chapter 122 and various other sec- tions of the Town of Wappinger Code" which shall amend Chapter 122 to include a new article, "Ar- ticle IV", "Schedule of Fees", to enumerate the fees charged by the Town for various permits, licenses and other activities, and which will also amend various sections of the Town Code so that they make ref- erence to the new article (Article IV) of Chapter 122 of the Code, and which will also increase and/or modify the calculations of some of the fees charged by the Town. PLEASE TAKE FURTHER NO- TICE that the Town Board has de- term'ned that pursuant to 6 NYCRR 617. S (c) (20) the proposed adop- tion 0 the aforementioned Local Law ;s a Type II action not requiring envinonmental review pursuant to the Stale Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992. and. TOWN c�ER� 0290 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION L State of New York County of Dutchess City of Poughkeepsie NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIV- EN that the Town Board of the Town of Wappinger will — conduct a Public Hearing on the 8th day of March, 2004, at 7:30 p.m, at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappin- gers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Local Law entitled "Local Law No. of the Year 2004, Amending chap- ter 122 and various other sections of the Town of Wappinger Code" which shall amend Chapter 122 to include a new article, "Arti- I cle IV", "Schedule of Fees", to enumerate the fees charged by the Town for various permits, licenses and other activities, and which will also amend van- ous sections of the Town Code so that they make reference to the new article (Article)V) of Chapter 122 of the code, an which will also increase and/or modify the calculations of some of the fees charged byy the Town. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 NYCRR 617.5 (c) (20) the proposed adop- tion of the aforementioned Local Law is a Type II action not requiring environmental review pursuant to the State Environmental Quality Re- view Act (SEQRA) or pursu- ant to Local Law No. 6 of 1992 and, accordingly, no environmental review has been undertaken. PLEASE TAKE FURTHER i NOTICE that copies of the proposed Local Law No. I of the Year 2004 are avail- able for review and inspec- tion at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: February 9, 2004 By Order of the Town Board of the Town of Wappinger GLORIA J. MORSE Town Clerk 0331 Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duiy 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 anaWdA91Mwi as duly published in the said newspaper o for weeks successively, in each week, commencing on the 18th. day of Feb. 2004 and thereafter, namely on: on the following dates And ending on the day of 2004 both days inclusive. Subscribed d swo to before me this z day of 200 otary Pttblic p.' 'My commission expires