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2004-02-23 RGMMonday, February 23, 2004 7:30pm Wappinger town Hall AGENDA Call to Order Roll, Salute to Flag Receipt and Approval of Minutes January 12, 2004 Workshop Meeting January 26, 2004 Regular Meeting Suspension of Rules for Public Comment on Agenda Items Correspondence Log 2004CL-014 to 2004CL-034 Public Hearings • Public Hearing Increasing the Income Eligibility for Seniors for Tax Exemptions. • Public Hearing Increasing the Income Eligibility for Disabled Persons for Tax Exemptions. • Public Hearing on Temporary Construction & Sales Trailers. • Public Hearing for a Change in Plan for the Construction & Improvements for Wappinger Improvement Area 99-2R. DISCUSSIONS: • Southern Dutchess Consortium RFP—Harry Girdalstone • Local Law Establishing Fines—Karen McNish RESOLUTIONS: 2004-099- Resolution Authorizing the town of Wappinger to Enter into an Agreement for the Wappinger Creek Watershed 2004-100 Resolution Authorizing Town of Wappinger to Enter in an Agreement with St. Francis Hospital for and Employee Assistance Program 2004-101 Resolution Authorizing Application for Greenway VIP Award 2004-102 Resolution Authorizing Participation in the Financial Assistance to Business Program & Filing of Application with NYS Environmental Facilities Corp. 2004-103 Resolution Authorizing BMW and Land Rover Escrow Refund 2004-104 Resolution Authorizing D&D Doors Escrow Refund 2004-106 Resolution Accepting Correspondence Log 2004-107 Resolution Establishing Lead Agency for the Empire Zone 2004-108 Resolution- Accepting Retainer for Marco Caviglia 2004-110 Resolution Introducing Local Law for Town Fines 2004-111 Resolution Adopting Local Law for Senior Tax Exemptions 2004-112 Resolution Adopting Local Law for Tax Exemptions for Disabled Persons 2004-113 Resolution Adopting Local Law for Temporary Construction & Sales Trailers New Business/Comments Executive Session Adjournment 02/23/2004.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on February 23, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman The Supervisor asked all to join in the Pledge of Allegiance to the Flag. RECEIPT & APPROVAL OF MINUTES The Minutes of the Workshop Meeting of January 12, 2004 and the Regular Meeting of January 26, 2004, having previously been forwarded to the Board Members, were now placed before them for their consideration. Councilman Paoloni moved to accept the above stated Minutes as submitted by the Town Clerk, seconded by Councilwoman McCarthy and unanimously carried. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS. Councilwoman McCarthy moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilman Paoloni and unanimously carried CORRESPONDENCE LOG: 2004 -CL -0015 TO 2004-CLO34 (See Attached Sheets) PUBLIC HEARINGS • Public Hearing Increasing the Income Eligibility for Seniors for Tax Exemptions • Public Hearing Increasing the Income Eligibility for Disabled Persons for Tax Exemptions • Public Hearing on Temporary Construction & Sales Trailers • Public Hearing for Change in Plan for Construction & Improvements for Wappinger Improvement Area 1999-2R DISCUSSIONS • Southern Dutchess Consortium RFP- Harry Girdalstone of the New York State Office of Real Properties explained that since there is some inequity in the rolls, many of the towns have shown interest in creating equity in the tax rolls. By working together with the four towns we can distribute the burden more fairly. The reason we do a 02/23/2004.RGM reassessment is to keep our reassessments up to date. If we do a reassessment either jointly or with the consortium, we monitor it and if it is reasonable we accept those assessments as full value. Mr. Girdalstone said the state is trying to encourage towns to consolidate. The cost to reassess each parcel would be between $45 to $65 per parcel and the Town would recoup $5.00 per parcel from the state the first year. The two requirements to meet in order to receive the $5.00 from the State are, every year all properties have to be systematically analyzed and, at the end of six years, every property in town has to be re -inspected and re -appraised. Discussion followed. • Local Law Establishing Fines— A memo was received from Attorney to the Town Al Roberts and Karen P. MacNish with a list of fines that are currently charged by the Town for all of the offenses listed in the Town Code. In many instances a minimum fine has been established and in some cases the maximum amount has been raised. Mr. Roberts explained that the sole purpose of this local law is to take the various fines and place them in one chapter so any violation can be found in one central location. We have tried to make similar fines and penalties consistent with the other communities. RESOLUTION 2004 NO. 099 RESOLUTION AUTHORIZING THE TOWN OF WAPPINGER TO ENTER INTO AN AGREEMENT FOR THE WAPPINGER CREEK WATERSHED The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Wappinger Creek Watershed is an irreplaceable natural resource providing recreation, scenery, fisheries, groundwater recharge and other amenities to our communities; and WHEREAS, the continued health and beauty of the Wappinger Creek are dependent upon cooperation among the Towns of Clinton Fishkill, Hyde Park, Lagrange, Milan, Pin Plains, Pleasant Valley, Poughkeepsie, Stanford, Wappinger, Washington as well as the Villages of Millbrook and Wappinger Falls (hereinafter "Municipalities") to ensure the proper management of the lands and waters that comprises its watershed; and WHEREAS, the economic vitality and growth of our communities depend in part on retention of the attractive landscapes and streams for which the entire Hudson Valley region is world –renowned; and WHEREAS, the healthy an secure water supply depends upon the adequate groundwater recharge an natural stream flows; and 2 Intermunicipal Agreement for the Wappinger Creek Watershed (WIC Resolution - August 2003) WHEREAS, the Wappinger Creek Watershed is an irreplaceable natural resource providing recreation, scenery, fisheries, groundwater recharge and other amenities to our communities; and WHEREAS, the continued health Hd beauty of the Wapinger Creek all of us i the propep managementofthe dependent upon cooperation among lands and waters that comprise its watershed; and WHEREAS, the economic vitality and growth streams for which theeped entire m part on retention of our attractive landscapes a Hudson Valley region is world-renowned; and WHEREAS, as healthy and secure water supply depends on the adequate groundwater recharge and natural stream flows; and WHEREAS, certain portions of the Wappinger Creek remain impaired due to pollution from stormwater runoff from developed areas, and agricultural activities in rural areas; and WHEREAS, forested buffers, which are excellent means to protect the stream and absorb pollutants, have been removed over the centuries along portions of Wappinger Creek and its upstream tributaries; and WHEREAS, municipalities are empowered under the New York State Constitution to serve as the primary means for government to deal with many of these issues, NOW THEREFORE, we, the duly appointed representatives of our respective municipalities hereby voluntarily enter into this INTERMUNICIPAL AGREEMENT FOR THE WAPPINGER CREEK WATERSHED, and are committed to work cooperatively to achieve the following goals for the preservation, restoration and management of the Wappinger Creek Watershed: IT IS OUR INTENT TO inventory and map all the storm water discharge points, within the municipal rights of way, in our municipality by 2006. Further, we will work together to share the standardized inventory method, results of the effort, and updates over time; and actively seek to learn from each other through the demonstration of new technologies in each of our communities. IT IS OUR INTENT TO develop municipal water use plans to address the competing needs in our community for water resources, including human, industrial and agricultural uses as well as the requirements of the natural Eileen C. Sassmann 1 Intermunicipal Agreement for the Wappinger Creek Watershed (WIC Resolution - August 2003) environment, with the goal of having such plans in place by 2006. The groundwater protection plans will be based on the water quantity study and build -out analysis to current zoning that will be completed in 2004. Furthermore, we will coordinate our plans with the plains of other municipalities in our watershed. IT IS OUR INTENT TO seek to protect existing forest buffers, and develop cooperative programs to restore such buffers where they no longer exist in the Wappinger Creek Watershed. Our combined restoration and protection . goal is 15 miles by 2006; and we will allocate this mileage among those of us willing to assume a portion of the goal. IT IS OUR INTENT TO, by 2006, each identify a stream, wetland and/or steep slope area in our municipality that is critical to the health of our water resources. We will identify a technique to protect and restore the identified resource as appropriate. Furthermore, we will share our techniques with other municipalities in the watershed. With the active assistance of the development community, IT IS OUR INTENT TO each review our municipal codes for inconsistencies and regulations that induce sprawl, and promote low impact development and fewer site designs to minimize the creation of new impervious surfaces by 2006. FINALLY, WE WILL meet regularly to review our progress toward these goals and to celebrate our successes. ENTERED INTO ON THIS DAY of AUGUST, 2003: FOR THE TOWN OF CLINTON: name title FOR THE TOWN OF FISHKILL: name title FOR THE TOWN OF HYDE PARK: name title FOR THE TOWN OF LAGRANGE: name title FOR THE TOWN OF MILAN: name title FOR THE TOWN OF PINE PLAINS: name title FOR THE TOWN OF PLEASANT VALLEY: name title FOR THE TOWN OF POUGHKEEPSIE: name title Eileen C. Sassmann 2 Intermunicipal Agreement for the Wappinger Creek Watershed (WIC Resolution - August 2003) FOR THE TOWN OF STANFORD: name title FOR THE TOWN OF WAPPINGER: name title FOR THE TOWN OF WASHINGTON: name title FOR THE VILLAGE OF MILLBROOK: name title FOR THE VILLAGE OF WAPPINGERS FALLS: name title ------------------------------------ As of the last WIC meeting (held on January 16, 2004), • The resolution had been adopted by the following five (5) out of the thirteen (13) municipalities. and the WIC has a signed copy of the resolution. (The Village of Wappingers Falls was one of the 5 and passed the resolution in August, 2003.) • The resolution was passed by three (3) additional municipalities but the WIC does not have a signed copy of the resolution. (Towns of Pleasant Valley and Pine Plains and the Village of Millwork) • 8/13 = 61.5 percent of the municipalities have adopted the resolution. Eileen C. Sassmann 13 Wappinger Creek Watershed Intermunicipal Council The following provides overall information about the Wappinger Creek Intermunicipal Council (sometimes referred to as the Watershed Intermunicipal Council - WIC). Establishment of the Council The Watershed Intermunicipal Council (WIC)was Water Board and thetEnvof i Environmental Council eral years'of study and organizational work by the Soil an Council of Dutchess Many of the members of the council attended a Commnity Leadership Alliance (CLA) session at Glynwood in Spring of 1999. At CLA the attendees learned the value of intermunicipal cooperation through a series of lectures and exercies. One of the exercies talekd about cooperating to get a grant to preserve water quality in the Creek. The positive experience at CLA provided the impetus to proceed to form the council. The formation meeting of the Intermunicipal Council was held on December 1, 2000 and included Town Supervisors, Village Mayors and municipality designated representatives Mission Statement a) The mission of the Intermunicipal Council is to cooperatively address common issues that affect the character and quality of life of its member towns and villages. b) Some of these common issues include: preventing non -point source pollution of the watershed, the remediation of existing pollution, education and information exchange related to watershed issues, the preservation of open space and natural resources and the expansion of economic activities consistent with the watershed environment. Membership The Council consists of representatives of each municipality which includes part of Wappinger Creek in its boundaries or has direct drainage into the Hudson River or is the Town of East Fishkill. These are the municipalities: Towns of Clinton, East Fishkill, Fishkill, Hyde Park, LaGrange, Milan, Pine Plains, Pleasant Valley, Poughkeepsie, Stanford, Wappinger and Washington, and the Villages of Millbrook and Wappingers Falls. Support Staff These council members are led by a chair Vice -chair chosen from the municipal representatives. A. Greg Pluver Supervisor of Pine Plains is the Chairman and Eileen Sassmann of the Village of Wappingers Falls is the Vice -Chair. (The Vice -Chair was chosen from the Village since the Village contains the Wappinger Lake.) Two county organizations: the Environmental Management Council under the direction of David Ford and the Soil and Water Board under the direction of Edward Hoxsie provide the support for the technical and administrative support for the council. June 3, 2003 1 Eileen C. Sassmann Wappinger Creek Watershed Intermunicipal Council Finances The money for the council has come from a Department of State grant applied for by the municipalities on the council. Since the grant needed to have the lead agency - a presence on the rivers, and the signatory with the state - be a municipality with Village has the Lower Creek which is an estuary of the Hudson and because the Village has the Wappinger Lake into which the Wappinger Creek flows, the Village was the lead agency for the first grant. The Village is also the lead agency for the second Department of State grant. The Village is in the process of signing this second contract with the state. This means that the Dutchess County Environmental Council (EMC) prepares the vouchers, which the Village mayor signs, and the EMC submits. The check is issued to the Village, which the a check for the EMC.een Masterson, through account and writes Someone from the EMC usually comes to pick up the check although it could be sent. Meetings The meetings are held quarterly usually on the last Friday of the quater at 730 AM in the meeting room at the Farm and Home Center on Route 44 in Millbrook, New York. By-laws The by-laws were adopted by the council on June 29, 2001. A copy of the by-laws is attached. June 3, 2003 2 Eileen C. Sassmann By-laws of the Watershed Intermunicipal Council 1) 'Establishment of the Council a) The formation meeting of the Intermunicipal Council was held on December 1, 2000 and included Town Supervisors, Village Mayors and municipality designated representatives. 2) Mission Statement a) The mission of the Intermunicipal CouncilI petively address on issues that affect the character dqlitY of life of its and villages. b) Some of these common issues include: preventing non -point source pollution of the watershed, the remediation of existing pollution, education and information exchange related to watershed issues, the preservation of open space and natural resources and the expansion of economic activities consistent with the watershed environment. 3) Name a. The name of the Intermunicipal Council shall be - Watershed Intermunicipal Council and abbreviated WIC. 1) Membership a) Each municipality which includes part of the Wappinger Creek watershed in its boundaries or has direct drainage into the Hudson River or is the Town of East Fishkill shall provide two members to the Intermunicipal Council. The municipalities are: Towns of Clinton, East Fishkill, Fishkill, Hyde Park, LaGrange, Milan, Pine Plains, Pleasant Valley, Poughkeepsie, Stanford, Wappinger and Washington, and the Villages of Millbrook and Wappingers Falls. b) Either of the two designated representatives from each municipality may vote, however each municipality has one vote. c) Council members shall serve until a replacement is appointed. 2) Meetings a) Regular meetings of the Intermunicipal Council shall be held quarterly on the last Friday of the quarter at 7:45 AM at the Farm and Home Center in Millbrook unless otherwise agreed to by the membership. b) An Election meeting shall be held once every two years to elect a Chairperson and Vice -Chairperson. An Election meeting shall be a specially designated regular meeting. c) Special meetings of the Intermunicipal Council may be held at the call of the Chairperson or Project Administrator. d) A quorum,.consisting of two-thirds (10) of members pressent, and the Project Administrator shall be required for the transaction of official business. e) All meetings shall conform to the Open Meetings Law (Public Officers Law, Article 7). 3) Parliamentary Authority a) Robert's Rules of Order. The rules contained in the most current "Robert's Rules of Order" shall govern the Intermunicipal Council in all cases to which they are applicable and in which they are not inconsistent with the By-laws or of the Draft 03/22/01 1 By-laws of the Watershed Intermunicipal Council special rules of the Intermunicipal Council. 4) Voting a) Each municipality that is a member of the Intermunicipal Council shall have one vote at business meetings. The staff (if any) shall not vote. b) All members shall have been sent a written notice of time t e t meeting. em osed for a vote at least twenty-one (21) days prior to the c) A simple majority vote of the Intermunicipal Council voting members present shall be necessary for the adoption and approval of any proposed action, resolution, or other voting matter. d) If a vote results in a tie, the vote fails. e) Any member of the Intermunicipal Council may request a recorded roll call vote. The results of the roll call vote shall be included in the minutes. 5) Finance a) The budget for the Intermunicipal Council including operating costs for office, other administrative support and educational programs shall be proposed by the Project Administrator and approved by the Intermunicipal Council. b) The Project Administrator shall be responsible for reporting on budget at each meeting. 6) Officers a) Starting 2002, every two years (at the first meeting of the year), a Chairperson and Vice -Chairperson shall be elected by a vote of the simple majority of the Intermunicipal Council members. b) The Chairperson shall serve a term of two years. c) Sitting elected officers who are not re-elected must be replaced by a special election. 7) Duties of the Chairperson a) To preside at all meetings of the Intermunicipal Council. b) To convene special meetings of the Intermunicipal Council or the Advisory Committee (see #14). 8) Duties of the Vice -Chairperson a) In the event of the absence of the Chairperson, the vice -Chairperson shall perform all of the duties and shall assume all responsibilities of the chairpersonship. 9) Duties of the Secretary a) Tthe Project Administrator and staff of the Intermunicipal Council shall perform the duties and responsibilities of the -Secretary. 10) staff, f- ` a) The Project Administrator shall be hired and terminated by the Executive Director of the Environmental Management Council (EMC). b) The Project Administrator shall prepare the agenda for the regular and special meetings. c) The Project Administrator may hire other staff as needs and budget permits to serve under the direction of the EMC Executive Director. Hiring or termination of Draft 03/22/01 2 By-laws of the Watershed Intermunicipal Council staff shall be consistent with the Environmental Management Council Personnel Manual i l) Advisory Committee a) The Wappinger Creek Watershed Planning Committee shall act as an Advisory Committee for the Intermunicipal Council. 12) Amendment a) The by-laws may be amended by an affirmative vote of at least three-fourths of the members present at any regular or special Intermunicipal Council meeting. All members shall have been sent a written notice of the proposed changes at least twenty-one (21) days prior to the time of the meeting. A special meeting may be called by the Chairperson for reviewing and voting on amendments. Draft 03/22/01 3 02/23/2004.RGM WHEREAS, certain portions of the Wappinger Creek remain impaired due to pollution from storm water runoff from developed areas, and agricultural activities in rural areas; and WHEREAS, forested buffers have been removed over the centuries along portions of Wappinger Creek and its upstream tributaries; and WHEREAS, municipalities are empowered under the New York State Constitution to serve as the primary means for government to deal with many of these issues; and WHEREAS, several of the aforementioned municipalities have voluntarily entered in to the "Intermunicipal Agreement for the Wappinger Creek Watershed", in the form attached hereto, in furtherance of their commitment to work cooperatively to achieve the goals of preserving, restoring and managing the Wappinger Creek Watershed; and WHEREAS, the Town Board Hereby determines that it is in agreement with all of the principals contained in the "Intermunicipal Agreement for the Wappinger Creek Watershed" and that it is a matter of public necessity and in the public interest to enter into the aforementioned Agreement in furtherance of the Town's commitment to work cooperatively with other communities to achieve the goals of preserving, restoring and managing the Wappinger Creek Watershed. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitation above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby agrees to enter into the "Intermunicipal Agreement for the Wappinger Creek Watershed", in the form attached hereto, and hereby authorized Supervisor Joseph Ruggiero, to execute the Agreement by and on behalf of the Town Board and further to be the Town Board's representative of the Town of Wappinger to implement the goals and requirements of the aforementioned Agreement. 3. The Town Board authorizes execution of this Agreement with the understanding that there will be no out-of-pocket costs or disbursements required to participate in this Intermunicipal Agreement. 4. Supervisor Joseph Ruggiero is authorized to appoint an alternate representative to act on behalf of the Town of Wappinger in the event Supervisor Ruggiero is unable or unwilling to participate to said Intermunicipal Agreement. The foregoing was put to a vote which resulted as follows: 3 02/23/2004.RGM Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-100 RESOLUTION AUTHORIZING THE TOWN OF WAPPINGER TO ENTER INTO AN AGREEMENT WITH ST. FRANCIS HOSPITAL FOR AN EMPLOYEE ASSISTANCE PROGRAM The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Town of Wappinger has previously retained Saint Francis Hospital (hereinafter referred to as "Hospital") to establish and administer a confidential program entitled the Employee Assistance Program (hereinafter referred to as "EAP") for Town employees and their immediate families to provide prevention, identification, intervention, assessment, motivation to treatment, referral and follow-up in furtherance of guiding and assisting those individuals who are manifesting deteriorating job performance and who do not respond to normal supervisory counseling procedures; and WHEREAS, the EAP will provide Town employees and their families assistance with problems including, but not limited to, substance abuse, financial, legal and emotional issues, that may interfere with the employee's ability to function on the job effectively, efficiently, and safely; and WHEREAS, the EAP agreement will apply to Sixty -Five (65) employees at a cost to the Town of One -Thousand Five Hundred Dollars ($1,500.00) per year; and WHEREAS, the EAP agreement is for a term of two years, effective March 1, 2004, and further provides that there shall be no price increase during the term of the agreement; and WHEREAS, the Town Board hereby determines that the scope and objectives of the EAP serve the interests of the citizens of the Town. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby accepts the terms and conditions set forth in the Agreement dated March 1, 2004 by and between St. Francis Hospital and the Town of Wappinger for an Employee Assistance Program for Town employees and their immediate families. E 02/23/2004.RGM 3. The Town Board further authorizes and directs Town Supervisor, Joseph Ruggiero, to execute said Agreement in substantially the same form as annexed hereto on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-101 RESOLUTION OF SUPPORT FOR THE HUDSON RIVER VALLEY GREENWAY 2004 VISION IN PLANNING AWARD APPLICATION The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town Board of the Town of Wappinger, a designated Compact Community member of the Hudson River Valley Greenway, will submit an application for the 2004 Vision in Planning Award for the Town's Beautification Program, and WHEREAS, the Supervisor of the Town of Wappinger has requested authorization from the Town Board to submit an application for the 2004 Vision in Planning Award. NOW, THEREFORE, BE IT RESOLVED, that Joseph Ruggiero, Supervisor of the Town of Wappinger is hereby authorized and directed to file an application for the Hudson River Valley Greenway's 2004 Vision in Planning Award. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-102 RESOLUTION AUTHORIZING PARTICIPATION IN THE FINANCIAL ASSISTANCE TO BUSINESS PROGRAM AND THE FILING OF AN APPLICATION WITH THE NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION The following Resolution was introduced by Ms. McCarthy and seconded by Mr. Paoloni. 02/23/2004.RGM WHEREAS, pursuant to the Clean Water/Clean Air Bond Act of 1996, being Chapter 413 of the Laws of New York of 1996, the New York State Environmental Facilities Corporation ("EFC") through the Financial Assistance to Business Program ("FAB Program") is authorized to provide state assistance to villages, towns, and cities with a population of less than one million, for small business environmental compliance assistance projects which enhance the quality of the air or waters of the State through compliance with environmental laws and regulations, or to remedy or prevent environmental deficiencies; and WHEREAS, the Town Board of the Town of Wappinger (hereinafter referred to as the "Municipality"), after due consideration, has determined that participation in the FAB Program is desirable and in the public interest. NOW, THEREFORE, BE IT BY THE TOWN BOARD OF THE TOWN OF WAPPINGER as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The filing of an application, or applications, with EFC for financial assistance under the FAB Program in the form required by EFC is hereby authorized, including all understandings and assurances contained in said application. 3. The holders of the following offices are directed and authorized as the official representative(s) of the Town of Wappinger to identify entities that will participate in the FAB Program, to execute and deliver said application(s), to execute and deliver any other documents necessary for participation in the FAB Program, to provide such additional information as may be required, and to take all actions on behalf of the Town of Wappinger as may be required in order to effectuate the intent and purpose of this Resolution: Title: Joseph Ruggiero, Supervisor Title: Joseph Paoloni, Councilman Title: Albert Roberts, Attorney to the Town 4. EFC is hereby authorized, on behalf of the Municipality to deliver payments made pursuant to the FAB Program directly to the entities identified above, or such further entities as may from time to time be named by the officer(s) identified in Paragraph 3 above. 5. A certified copy of this Resolution shall be prepared and delivered to EFC as part of said application. 6. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: 2 Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman 02/23/2004.RGM Voting Aye Voting Aye Voting Absent Voting Aye Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-103 RESOLUTION AUTHORIZING ESCROW REFUND FOR BMW AND LAND ROVER DEALERSHIP The following Resolution was introduced by Councilman McCarthy and seconded by Councilman Paoloni. WHEREAS, on or about September 5, 2003, Jerry Walton paid Eleven Thousand, Six Hundred, Eighteen Dollars and 50/100 ($11,618.50) to the Town of Wappinger for a site plan escrow for the property located on Route 9; and WHEREAS, Jerry Walton has requested refund in the amount of Seven Thousand, Three Hundred, Eighty-one Dollars and 50/100 ($7,381.50). NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Seven Thousand, Three Hundred, Eighty-one Dollars and 50/100 ($7,381.50) made payable to Jerry Walton, Account Number 00-3027, for refund of unused escrow for BMW and Land Rover Dealership located on Route 9. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-104 RESOLUTION AUTHORIZING ESCROW REFUND FOR 33 BILL HORTON WAY The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, on or about September 5, 2001, Donald Wilburn paid Five Thousand Dollars and 50/100 ($5,000.00) to the Town of Wappinger for a site plan escrow for the property located at 33 Bill Horton Way; and 7 02/23/2004.RGM WHEREAS, Donald Wilburn have requested a refund in the amount of Two Thousand, Five Hundred, Seventy-seven Dollars and 40/100 ($2,577.40). 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 Two Thousand, Five Hundred, Seventy-seven Dollars and 40/100 ($2,577.40) made payable to D&D Doors, Account Number 01-3049, for the refund of unused escrow for 33 Bill Horton Way. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-106 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are herby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-107 RESOLUTION AUTHORIZING DUTCHESS COUNTY TO SERVE AS LEAD AGENCY The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni WHEREAS, the Dutchess County Legislature has proposed a Local Law to revise the boundaries of the Poughkeepsie/Dutchess Empire (formerly Economic Development) Zone; and 02/23/2004.RGM WHEREAS, the Town of Wappinger is an Interested Party inasmuch as the revised zone boundaries will affect properties within the Town of Wappinger; and WHEREAS, the Dutchess County Legislature has made a determination that Dutchess County is the most appropriate agency to conduct the State Environment Quality Review (SEQRA) of this boundary revision; and WHEREAS, the Town of Wappinger consents to Dutchess County serving as Lead Agency in this project. 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 consents to Dutchess County serving as Lead Agency on the proposed Local Law submitted by the Dutchess County Legislature revising the boundaries of the Poughkeepsie/Dutchess Empire Zone, and Supervisor Joseph Ruggiero is hereby authorized to execute the SEQRA Coordination Request Form in the form attached hereto consenting to Dutchess County serving as Lead Agency. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-108 RESOLUTION APPROVING RETAINER FOR MARCO CAVIGLIA AS SPECIAL COUNSEL TO THE TOWN OF WAPPINGER The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town Board has heretofore appointed Marco Caviglia as Special Counsel to the Town; and WHEREAS, the Town and Marco Caviglia have agreed on the fees to be paid to Marco Caviglia as more particularly set forth in the attached retainer letter, and WHEREAS, the appointment of legal counsel is exempt from competitive bidding otherwise required by General Municipal Law 103. 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. 6 02/23/2004.RGM 2 The Town Board hereby confirms the appointment of Marco Caviglia as Special Counsel to the Town. 3. Marco Caviglia and his firm, shall be paid in accordance with the Schedule of Fees set forth in the retainer attached hereto and made part hereof. 4. Supervisor Joseph Ruggiero is hereby authorized and directed to confirm the Retainer Agreement set forth in the attached retainer from Marco Caviglia. In many instances a minimum fine has been established and in some cases the maximum amount has been raised. Councilwoman McCarthy moved to amend to revise the retainer to remove paragraph three (3) from the above agreement, seconded by Councilman Paoloni The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye RESOLUTION NO. 2004-110 RESOLUTION INTRODUCING LOCAL LAW NO. _ OF THE YEAR 2004, AMENDING CHAPTER 122 OF THE TOWN OF WAPPINGER CODE TO AMEND THE TITLE OF CHAPTER 122 AND TO INCLUDE A SCHEDULE OF FINES FOR VIOLATIONS OF THE TOWN CODE The following resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town Board wishes to amend Chapter 122 and other various sections of the Town of Wappinger Code to include a schedule of fines imposed by the Town for violations of various sections of the Town Code, to amend the title of Chapter 122 from "Fees" to "Fines and Fees", and to increase and/or modify some of the fines imposed by the Town; 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 amending and modifying Chapter122 of the Town of Wappinger Code to change the title of the chapter from "Fees" to "Fees and 10 01/08/1994 17:17 8452975385 MARCO CAVIGLIA,ESO. PAGE 01 RETAINER AGREEMENT This Is a retainer agreement by and between the Law Firm of Marco Caviglia and the Town of Wappinger, hereinafter "the client." 1. a. The client retains the Law Firm to render services in connection with all work that may be assigned to Marco Cavlglia as Special Counsel to the Town of Wappinger' from January 1, 2004 through December 31, 2005. If for any reason the Law Firm is not able to undertake any particular assignment, Including but not limited to conflict of interest or unsuitability of the assignment requested, then the Law Firm will notify the client of that and other counsel will be obtained by the client for that particular assignment. Further, as multiple assignments are anticipated, none shall require any additional retainer. b. Once the assignment is made, the client authorizes the Law Firm to take any steps which, in the sole discretion of the firm, are deemed necessary or appropriate to protect the client's interest in the matter. 2. a. The client agrees to pay for the services of the Law Firm at the rate of $150.00 per hour for all time expended by any attorney In or out court. The client agrees that any work performed and expenses Incurred on the client's behalf prior to the date of signature below shall have the rates stated herein and the terms of this agreement applied retroactively fir,. to January 1, 2004. b. In addition to the foregoing, your responsibility will include direct payment or reimbursement to this firm for disbursements advanced on your behalf, the same to include, but not necessarily be limited to, court filing fees, recording fees, charges of process servers, travel expenses, messenger services, necessary secretarial overtime, transcripts, the customary fees of stenographers referable to examinations before trial in the event such examinations are utilized, long distance telephone calls, telefaxes, mileage, deposition and court transcripts, investigative services, certified or express mail, Federal Express, photocopy charges, stenographic services, subpoena fees, retention of expert witnesses, appraisal reports, valuation reports, excess postage, computerized legal research, and such other expenses as may be required to effectively handle the client's matter. C. Each letter will be billed at a minimum of .25 hour and every telephone conversation at a minimum of .25 hour. This amount has been arrived at as a result of calculating the time Involved in retrieving the tile, and examining the documents or letters required to dictate the letter or respond to the call, in addition to the time required to consider the problem arising from or to be dealt with in the call or letter, d. From time to time, the Law Firm may utilize the services of a paralegal to perform certain services or activities in the course of your case. The hourly costs for such. Law lien► of mhRCO cnvicLzk 2610 6outh Avsaua, Dtav York 12590 (645) 2970044 01/08/1994 17:17 8452975385 MARCO CAVIGLIA,ESO. PAGE 02 se rvices which will be billable to you is $90 per hour. Legal assistant's time Is billed at $25 per tsour. e. The client further understands that the hourly rates apply to all time expended relative to the client's matter, including but not limited to, office t eant, meetings t n of conferences, telephone calls and conferences, either placed by or placed otherwise made or had on the client's behalf or related to the client's matter, preparation, review and revision of correspondence, pleadings, motions, disclosure demands and responses, affidavits and affirmations, or any other documents, memoranda, or papers relative to the client's matter, legal research, travel and court appearances, conferences, file review, preparation time, travel time, and any other time expended on behalf of or in connection with the client's matter. You agree to pay us such additional fees and to reimburse„us,for szur advances on your behalf that may be due from time to time not,later-than-thirty (30) days from the date that we shall submit-a-blil--to.ypo1.for same." -If an amount due to us is not paid within thirty (30) days after our stateppent`fo you of the-amount-due,..iPterest at the rate often (15%)percent per annum shall bevddded to the balance due to us. 4. You will be billed periodically, generally each month but in no event less frequently than every 60 days. Included in the billing will be a detailed explanation of the services rendered, and the disbursements incurred by our firm in connection with your matter. Upon receipt of our bill, you are expected to review the bill and promptly bring to our attention any objections you may have to the bill. While we strive to keep perfectly accurate time records, we. recognize the possibility of human error, and we shall discuss with you any objections you raise to our bill. You will not be charged for time expended in discussing with us any aspect of the bill rendered to you. 5. In the event that any bill from the Law Firm remains unpaid beyond a thirty (30) day period from the date of the bill, the client agrees that the Law Firm may withdraw its representation, at the option of the firm. In the event that an action is pending, and absent your consent, an application must be made to the Court for such withdrawal. Where the fee is unpaid for the period set forth above, the client acknowledges that in connection with any such withdrawal application, that the account delinquency shall be good cause for withdrawal. 6. a. While we seek to avoid any fee disputes with our clients, and rarely have such disputes, in the event such a dispute does arise, and if your overall expected fee is over $1,000.00, then the client may have the right to arbitrate such fee dispute under Part 137 of the Rules of the Chief Administrator pursuant to the procedures set forth in such Rules. In, such event, the Law Finn will forward the requisite notices and forms to the client to exercise such rights. 7. a. The client understands that no one particular member of the Law Firm is LAW Firm Of MUCO CAVIGLIA 2610 south hvsnue, Wappingers rkis, Naw York 12590 (845) 297-0044 01/08/1994 17:17 8452975385 MARCO CAVIGLIA,ESO. PAGE 03 being retained but, rather, the Law Firm as an entity is undertaking legal representation of the client pursuant to this Retainer Agreement and that the Law Firm reserves the right to assign and delegate all aspects of such representation as the Law Firm, In Its sole discretion, deems appropriate including to outside of -counsel to the Law Firm retained to assist in your matter at the same rate as stated above. b. Such assignment and delegation may Include, but is not limited to, preparation of pleadings, motions, disclosure demands and responses, settlement negotiations, preparation of agreements, preparation and conduct of examinations before trial, court appearance, trial work, and any other matter deemed by the Law Firm to be appropriately delegated. 8. a. The client acknowledges that he or she has read this agreement in its entirety, has had full opportunity to consider its terms, and has had full and satisfactory explanation of same, and fully understands its terms and agrees to such terms. b. The clientfully understands and acknowledges thatthere are no additional or different terms or agreements otherthan those expressly set forth in this written agreement. C. The client acknowledges that he or she was provided with and read the Statement of Client's Rights and Responsibilities, a copy of which is attached to their Retainer Agreement or was previously received by the client. 9. We have informed you that pursuant to court rule, we are required, as your `iii,► attorneys, to certify court papers submitted by you which contain statements of fact, and specificallyto certify that we are aware of no inaccuracies in the court submission. Accordingly, you agree to provide us with complete and accurate information which forms the basis of court papers and to certify in writing to us, prior to the time the papers are actually submitted to the Court, the accuracy of the court submissions which we prepare on your behalf and which you shall review and sign. 10. It is specifically acknowledged by you that this firm has made no representations to you, express or Implied, concerning the outcome of any litigation presently pending or hereafter to be commenced, You further acknowledge that this firm has not guaranteed and cannot guarantee the success of any action taken by the firm on your behalf during such litigation with respect to any matter therein. 11. The client understands that there are many factors outside the control of the Law Firm which can affect the course and outcome of a case, as well as the amount of time and ,ffort required to deal with the various issues involved. 18. The client acknowledges that the Law Firm has riot and cannot predict or estimate iow many hours of services will be required to conclude any particular matter. Accordingly, he Law Firm cannot predict or estimate the total cost of services, or how much the Law Firm of rwzco CAVIOL2$ 2610 south I►vaauo, Napping4r# ?1@126, New York 12590 (845) 297-0044 01/08/1994 17:17 8452975385 K4RCO CAVIGLIA,ESO. disbursements, costs and other expenses might be, beyond the terms and descriptions set forth above, 19, You are aware of the hazards of litigation and acknowledge that we have made no guarantee in the disposition of any phase of the matter for which you have retained this Office, If this fee arrangement meets with your approval, kindly sign your name where indicated on the copy of this letter and return same tome in the envelope enclosed for your convenience. 20. The client agrees that in the event that the Law Firm Is required to commence any legal action to collect any amounts due and owing from the client to the Law Finn, the client shall be responsible for all attorneys fees, expenses, costs and disbursements associated with such activity if the claim is meritorious. Kind te letter below where indicated. ndicated, Werlook forwarding to being offsservice to you in nce of the onneve ctio signing this matter. Hon, Joseph Ruggiero supervlsor,Town of Wappinger Marco Cavigiia, Esq. PACE 04 02/23/2004.RGM Fines", to include a schedule of fines, and to amend various sections of the Town Code, and to increase and/or modify some of the fines imposed by the Town. 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 22nd day of March 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 Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-111 RESOLUTION TO AUTHORIZE THE ADOPTION OF LOCAL LAW NO. 1 OF THE YEAR 2004, AMENDING THE REAL PROPERTY TAX EXEMPTIONS FOR SENIOR CITIZENS The following Resolution was introduced by Councilman Valdati 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. 1 of the Year 2004, Amending the Real Property Tax Exemption for Senior Citizens 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 February 23, 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 11 02123/2004.RGM WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to amend 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. 1 of the Year 2004, Amending the Real Property Tax Exemption for Senior Citizens" a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law and the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-112 RESOLUTION TO AUTHORIZE THE ADOPTION OF "LOCAL LAW NO.2 OF THE YEAR, 2004, AMENDING THE CODE OF THE TOWN OF WAPPINGER TO INCREASE THE INCOME ELIGIBILITY FOR PARTIAL REAL PROPERTY TAX EXEMPTIONS FOR REAL PROPERTY OWNED BY DISABLED PERSONS" The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. 2 of the Year 2004, amending the code of the Town of Wappinger to increase the income eligibility for partial real property tax exemptions for real property owned by disabled persons" 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 February 23, 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 12 02/23/2004.RGM 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 amend 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. 2 of the Year 2004, amending the code of the Town of Wappinger to increase the income eligibility for partial real property tax exemptions for real property owned by disabled persons", a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law and the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO.2004-113 RESOLUTION ADOPTING LOCAL LAW NO.3 OF 2004 AMENDING THE TOWN CODE OF THE TOWN OF WAPPINGER, SECTION 240 ZONING, SCHEDULE OF USE REGULATION -RESIDENTIAL DISTRICTS & SCHEDULE OF USE REGULATIONS NONRESIDENTIAL DISTRICTS, AND ADDING A NEW SECTION 240-27.1, TEMPORARY CONSTRUCTION AND SALES TRAILERS The following Resolution was moved by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Town Board of the Town of Wappinger has determined that he Town Code, Chapter 240, Zoning, Schedule of Use Regulation - Residential Districts and Schedule of Use Regulations - Nonresidential Districts, should be amended, and a new Section 240-27.1, Temporary Construction and Sales Trailers, should be added, to permit temporary construction and sales trailers in association with new construction in the town and to establish regulations and standards pertaining thereto to protect public safety, property values, 13 02/23/2004.RGM and to avoid and minimize any associated nuisances (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as SEQRA) via Local Law no. 6 of 1992 (the Town's Environmental Quality Review Law which designates local Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, as the only Agency involved agency, the Lead Agency for this action; and WHEREAS, a duly advertised public hearing was held on February 23, 2004 at the Wappinger Town Hall, 20 Middlebush road, Wappingers Falls, New York at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed on that date; NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein 2. Pursuant to State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant environmental impacts as each temporary construction or sales trailer would involve only minor physical alterations and alone would be Type II Exempt actions, and in consideration that he regulations will provide reasonable and appropriate protections for adjoining home owners. 3. The Town Board of the Town of Wappinger herby adopts proposed Local Law No. 3 of 2004; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map as originally adopted and amended from time to time, are to remain in full force and effect. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Absent Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS Councilman Valdati made a request that the agendas be received in a more timely manner and cut off for items on the agenda be Wednesday at 1:00 pm. 14 02/23/2004.RGM Councilman Paoloni in regard to Blacktop that has been buried, do we have any obligation to check the soil for MBT? Several residents are concerned about their wells. Al Roberts, Attorney to the Town answered that blacktop is a permitted fill material by DEC and the supervision of well installation and water quality rests with the county health department. We really don't have any jurisdiction over either item. Supervisor Ruggiero suggested Councilman Paoloni inform the residents that we do not have any jurisdiction on this, but will be happy to tell them who to contact. UNFINISHED BUSINESS Councilman Valdati is requesting Al Roberts, Attorney to the Town to prepare a Resolution memorializing New York State, that when there are improvements on Route 9 to try to minimize the amount of tractor trailers that go through the Village on Route 9D because of curves. This would be a good juncture to consider moving trucks to Route 9. Whereas the Route 9 Highway is going to be expanding in the bottleneck area of the village, to make traffic move more freely, the board wishes the state to take action on this matter. Supervisor Ruggiero said he had also spoken to the Mayor, who was vocal in getting the trucks out of the village. The state is willing to turn that portion of Route 9D over to the village as a village road, which would mean that the village would maintain the road in terms of paving, plowing and police enforcement, but the village did not wish to assume that responsibility. At this time 8:50 p.m. Councilwoman McCarthy moved to go into Executive Session to discuss a potential litigation problem, seconded by Councilman Valdati and unanimously carried. The meeting reconvened at 9:07 p.m. with all board members in attendance. There was no action taken at the Executive Session. Councilwoman McCarthy moved to close the meeting, seconded by Supervisor Ruggiero and unanimously carried. The meeting adjourned at 9:08 p.m. 4 Glori orse Tov�ri erk 15 L oca l Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, My 12231 (Use this form to file a local law with the Secretary of State.) Test of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. XWof --- WaPPinger------------------------------------------------------------------------ Town Local Law No. ------------ #- 1______________________ of the year 20J14 -- A local law --- entitlesi__'_'hQc-a-l-_Law No _________of _teh YEar-2004,_ Amending _the Code of the rr.urt rul�l -------------------------- --- Tosco-o-L_Wagp-imgez'__to__Increase the Income Eli ibi-li --for-Partial- l Rea -------- ------------------ --- Prngerty_-Tax:_Exemgt a'EL-fQx__l'ersons _SiztS-Five _�65) Years_ of -Age or Older" -------------------------------------------------------------------------------7------------------------------ Be it enacted by the --------- Town_Inarai----------------------------------- ____________________________ of the (N—, aIL,rirlati- Body) tel' pinger Town°f---------Wap--------------------------------=------------------------ ---------------------- as follows: 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. ill OF THE YEAR 3004 A Local Law entitled "Local Law No. #1 of the Year 2004, Amending the Code of the Town of Wappinger to Increase the Income Eligibility for Partial Real Property Tax Exemptions for Persons Sixty -Five (65) Years of Age or Older." 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. ill of 2004, entitled "Local Law No. —41— of the Year 2004, Amending the Code of the Town of Wappinger to Increase the Income Eligibility for Partial Real Property Tax Exemptions for Persons Sixty -Five (65) Years of Age or Older", which shall amend the present Town Code fixing the income limitations for eligibility for real property tax exemptions for senior citizens, as set forth below. Section 11: Legislative Intent: Section 467 of the Real Property Tax Law has been amended to increase the maximum income eligibility for partial real property- tax exemptions for persons sixty-five (65) years of age or older, from Twenty -One Thousand, Five Hundred Dollars ($21,500.00) to Twenty -Four Thousand Dollars ($24,000.00) and for additional partial exemptions depending on income, provided the combined income is not greater than Thirty Two Thousand and Four Hundred, Dollars ($32,400.00). The Town Board determines that it is in the best interest of the citizens of the Town of Wappinger to increase the income eligibility for this real property exemption as authorized by the most recent amendments to Section 467 of the Real Property Tax Law. Section III: Increase in Income Eli ibility• The Town of Wappinger Code 5221-2.B is hereby amended to read as follows: "Section 221-2.B: In order to be eligible for a 501,10 tax exemption, the income of the owner or the combined income of the owners of the property shall not and may not exceed the sum of $24,000 for the income tax year immediately preceding the date of making the application for exemption. The "income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the preceding calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such income. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be off -set by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and the net income from self-employment, but shall not include a return of capital, gifts or inheritances, payments made to individuals because of their status as victims of Nazi persecution, as defined in P.L. 103-286 or monies earned through employment and federal foster grandparent program, and such income shall be off -set by all medical and prescription drug expenses actually paid which were not reimbursed or paid for by insurance. In computing net rental income and net income from self-employment no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income." Section 221-2.0 of the Code of the Town of Wappinger is hereby amended to read as follows: Section 221-2.C: "If the income of an eligible property owner or the combined income of the owners of the property exceeds the sum of Twenty Four Thousand Dollars ($24,000.00), in the income tax year immediately preceding the date of making the application for tax exemption, and is not greater than Thirty Two Thousand, Four Hundred Dollars ($32,400.00), said owner shall be entitled to a partial exemption as follows: ANNUAL INCOME 0 - $0 to $24,000.00 $24,001.00 to $25,000.00 $25,001.00 to $26,000.00 $26,001.00 to $27,000.00 $27,001.00 to $27,900.00 $28,901.00 to $28,800.00 $28,801.00 to $29,700.00 $29,701.00 to $30,600.00 $30,601.00 to $31,500.00 531,500.00 to $32,400.00 -0 PERCENTAGE OF ASSESSED VALUATION EXEMPT FROM TAXATION 50% 45% 40% 35% 30% 25% 20% 15% 10% 5%71 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 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 take effect immediately upon filing as provided by the Municipal Home Rule Law and shall be applied retroactively from January 1, 2004. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No._J-I ----------------------------- Of 2CP4__- of the ( (Town)( of ---- WapRimger---------------------------------------------- was duly passed by the -------- Town -Board _______________________ on Fr b_2.3________ 20 ____, in accordance with the applicable provisions of law. (Name of Legiilarive Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive OtTcer*.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20_____ of the (Cou nty)(Ci ty) (Town) (Village) of ___________________________________ ----------- ______-__ was duly passed by the ----------------------------------------------- on ------------------ 20 ___ , and was (approved)(not approved)(repassed after (Name afLegislative Bad.v) disapproval) by the __________________________________________________ and was deemed duly adopted on __________________ 20----, (Elective ChiefFsecutive 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 --------------------"--------- -- 20--__ , and -was a roved nota oved re assed after ----------- -- on ---------------- (PP )( PPT )( P (Name of Legirlarive 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)(VIla ge) of___________________________-------------------------------------- was duly passed by the ----------------------------------------------- 20____ , and was (approved (Name aflegislari ve Body) ---"-- )(not approved) (repassed after disapproval) by the -------------------------------------------------- cer- (Elective Chief Ezecuuve Officer-) on ------------------ 20 --- Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20.___ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such offleer 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 of the City of---------------------------------------------`0------ having been submitted to referendum pursuant to the provisi section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a maons of jority of the qualified electors of such city voting thereon at the (special)(general) election held on___________________ 70 ---- 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______ ofthe 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 fr.. Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ____-I ______- above. (Seal) Clerk of the CountyYgislaLive body, tty, own or age Clerk or officer Lgoated by local legWadve ody Gloria Morse, Town j , erk Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEV YORK COUNTY OF Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct to have been had or taken for the enactment of the local law annelred hereto. text and What all proper proceedings Albert P. Roberts — Attorney to the Town of _gPninQer Town WMW Date: L (3) TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF INCREASING INCOME ELIGIBILITY FOR SENIOR CITIZENS TAX EXEMPTION STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 10, 2004, your deponent posted a copy of the attached notice of Public Hearing Increasing Income Eligibility for Senior Citizens Tax Exemption 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. a GL RIA J. M Town Clerk Town of Wappinger Sworn to before me the IPI ' 0 _ 00' MARIA GILBRIDE Notary Pvblir., State of New Yoh Reg. No. OIG15087374 Qualified in Dutchass Co n Commission Expires Nov. 3, S 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. rw of_Wappinger Town--------------------------------------------------------- Local Law No. ------- #,2-------------------------- of the year 20--0-4- A local law --- entitled__"Local Law No. of the Year 2004, Amending the Code of (1—" 7741,)- ------- ------------------ ___tke.-_Town _gf_ WappinReT top Increase- the Incoem Eligibility_ for Partial - -------------------------------- Re,-U-TxcPvgKty-.Tax for Real Property Owned by Disabled Person4" --------------------------------------------------------------------- - ---------------------------------------------------------------------- Be it enacted by the _____________Town_ Board _ of the T� of-----walypA er------------------------- ----7---------------------------------------- as follows: VX9W 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) 4 1 LOCAL LAW NO. #? OF THE YEAR 2004 A Local Law entitled "Local Law No. -#2— of the Year 2004, Amending the Code of the Town of Wappinger to Increasethe Income Eligibility for Partial Real Property Tax Exemptions for Real Property Owned by Disabled Persons." 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. #2 of the Year 2004, Amending the Code of the Town of Wappinger to Increase the Income Eligibility for Partial Real Property Tax Exemptions for Real Property Owned by Disabled Persons", which shall amend the present Town Code fixing the income limitations for eligibility for real property tax exemptions for disabled persons, as set forth below. Section II: Legislative Intent• Section §459-c of the Real Property Tax Law has been amended to increase the maximum income eligibility for a real property tax exemption of fifty percent (50%) for property owned by disabled persons, specifically, from Twenty One Thousand, Five Hundred Dollars (521,500.00) to Twenty -Four Thousand Dollars (524,000.00) and for additional partial exemptions depending on income, provided the combined income is not greater than Thirty -Two Thousand, Four Hundred Dollars (S32,400.00). The Town Board determines that it is in the best interest of the citizens of the Town of Wappinger to increase the income eligibility for this real property exemption as authorized by the most recent amendments to Section §459-c of the Real Property Tax Law. Section III: Increase in Income Eli ibility: The Town of Wappinger Code §221-12 (C) is hereby amended to read as follows: "Section 221-12 (C): In order to be eligible for a 50% tax exemption, the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making the application for exemption shall not and may not exceed the sum of $24,000. The "income tax year" shall mean the twelve (12) month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the preceding calendar year. Where title is vested in either the husband or the wife, their combined income may not \\Vsrp03\Common\Wappin2er\Towri Board\LOCAL LAW\Dis2bi1ity\2004\L0CAL LAW.doc DRAFT— February j, 2004- exceed such income, except if the husband or the wife is absent from the property due to divorce, legal separation or abandonment, then only the income of the spouse or ex-spouse residing on the property shall be considered, and may not exceed such SUM. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and the net income from self- employment, but shall not include a return of capital, gifts or inheritances, or monies earned through employment in the federal foster grandparent programs, and such income shall be off -set by all medical and prescription drug expenses actually paid which were not reimbursed or paid for by insurance. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income." . Section 221-12 (D) of the Code of the Town of Wappinger is hereby amended to read as follows: Section 221-12 (D): "If the income of an eligible property owner or the combined income of the owners of the property exceeds the sum of Twenty -Four Thousand Dollars ($24,000.00) for the income tax year immediately preceding the date of making the application for tax exemption, and is not greater than Thirty -Two Thousand, Four Hundred Dollars ($32,400.00), said owner shall be entitled to a partial exemption as follows: ANNUAL INCOME $0 to $24,000.00 $24,001.00 to $25,000.00 $25,001.00 to $26,000.00 $26,001.00 to $27,000.00 $27,001.00 to $27,900.00 $28,901.00 to $28,800.00 $28,801.00 to $29,700.00 $29,701.00 to $30,600.00 $30,601.00 to $31,500.00 $31,501.00 to $32,400.00 PERCENTAGE OF ASSESSED VALUATION EXEMPT FROM TAXATION 50%• 45% 40% 35% 30% 25% 20% 15% 10% 5%" 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 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 take effect immediately upon filing as provided by the Municipal Home Rule Law and shall be applied retroactively from January 1, 2004. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ________.1t2______________ of the --------- of 20C14 --- of )(Town)( of ------ >r aTp- nger ------------------------------ was duly passed b y th ---------s�--B-Qard---------------------- on _Feb,__2-3_____ 20.04 in accordance with the applicable provisions of Tawe (Name of Leyularive Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. _______________ ___ of the (County)(City)(Town)�l]age) of _________________ - --------- of 20----- ----------------------------------------------- 0_____ -- - - --------------------- -- - was duly passed by the Name fLe'r -'-' ---------------------- on __________________ 20 ___ and was a roved\ nota approved) (repassed after (Name ofLegislarive Body) � � ( PP /( PP J ( p disapproval) by the ___________________________ _ - --------------------- and was deemed duly adopted on ------------------ (Elective Chief£servrive officer.)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)(Vllage) of ____________________________ ------------ of 20-____ ------------------------- ---------- was duly passed by the ----------------------------------- - (Name of Legislative Bodv)-----'-'-'------- on __________________ 70_-__ , and was (approved)( aplrroved)(repassed after disapproval) by the ___________________ ------------------------------ on------------------- 20- (Elecrive ChiefExecuriveofficers) --- 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 ra1)(special)(annua1) 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 the (County)(City)(To)(Villaee) of of 20______ -------- ----------------------------------- was duly passed by the on (Name of Legularive Body) -------- 20--__ , and was (approved)(not approved)(repassed after disapproval) by the ___________ -------' - . Such local -law -was -subject to (Elective Chief Ezecurive O ----- fficer') permissive referendum and no valid petition requesting such referendum was filed as of __________________ 2Q___ accordance with the applicable provisions of law. , in *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 of the City of ----------------------- -0------ - ------- - --- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Horne Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on___________________ ?0____, 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 ?0------ of the County of _______________________________________________ State of New York, having been submitted to the electors bow 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 conside voting at said general election, became operative. red as a unit (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph_____ 1-----, above. (Seal) Clerk officer d County legisla'ave b�dy62 C wn or Village Clerk or officerdesignated by localdegislative y GLOgTp Ii0&SE,'Town C1. rk Date: SL (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 Ihitrbpgg I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law artpelced hereto. _ Albert P. Roberts - Attorney to the Town Title UENX .I o f own Date: y (3) NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Lau, Fil (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. Town of WAPPINGER Local Law No. of the year 20 04 A local law (Insert Title) entitled "Local Law 4 9 of 2004 amending the Town Code Section 240 Zoning Schedule of Use Regulations — Residential Districts and Schedule of Use Regulations — Nonresidential Districts and adding a new Section 240-27.1 Tem orary Construction and Sales Trailers " Be it enacted by the TOWN BOARD of the (Name of Legislative Body) Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rey. 11/99) t LOCAL LAW # 3OF THE YEAR 2004 A Local Law entitled "Local Law of 2004; amending the Town Code, Chapter 240, Zoning, Schedule of Use Regulations — Residential Districts and Schedule of Use Regulations — Nonresidential Districts, and adding a new Section 240-27.1, Temporary Construction and Sales Trailers." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # 3 of 2004, amending the Town Code, Chapter 240, Zoning, Schedule of Use Regulations - Residential Districts and Schedule of Use Regulations Nonresidential Districts, and adding a new Section 240-27.1, Temporary Construction and Sales Trailers." Section 2: Legislative Intent The intent of the proposed Local Law is to permit temporary construction and sales trailers in association with new construction in the Town and to establish regulations and standards. pertaining thereto to protect public safety, property values, and to avoid and minimize any associated nuisances. Section 3: The Town of Wappinger Zoning Law, Schedule of Use Regulations — Residential Districts, shall be amended by adding the row "Temporary Construction and Sales Trailers" as shown below: Uses Districts R-80, R-40/80, R-40, R -2F RMF -3, RMF -5 R-20/40, R-20, R-15, R-10 Miscellaneous Temporary Construction and PA PA PA Sales Trailers (§240-27.1) 4 Section 4: The Town of Wappinger Zoning Law, Schedule of Use Regulations — Nonresidential Districts, shall be amended by adding the row "Temporary Construction and Sales Trailers" as shown below: Uses Districts HB MU HM NB GB I CC I SC I HO HD COP AI PI PUD ACC ssory Structures Temporary PA PA PA PA PA PA PA PA PA PA PA PA, PA Construction and Sales Trailers (§240-27.1) Section 5. Chapter 240, Zoning Law, of the Town of Wappinger Town Code shall be amended to add the following new Section, 240-27.1, Temporary Construction and Sales Trailers, to read as follows: 12140-27.1 Temporary Construction and Sales Trailers. A. A temporary construction or sales trailer shall be permitted as a temporary accessory use to residential and non-residential development projects, and a building permit shall be issued therefor, subject to the following conditions: (1) A construction trailer shall be limited to development projects involving the construction of two (2) or more dwellings, or for a non-residential site development plan involving more than five -thousand (5,000) square feet of v gross floor area. (2) A sales trailer shall be limited to development projects involving the construction of ten (10) or more dwellings, or for a non-residential site development plan involving more than 20,000 square feet of gross floor area. Ile (3) No more than one (1) trailer, whether it is for construction or sales, is permitted per development project, or approved phase thereof. (4) No trailer shall exceed 1,200 square feet of gross floor area. (5) A construction or a sales trailer shall be utilized only for the express Purpose of site improvements and building construction, or the conductof business pertaining directly to the selling of lots and/or homes for the subdivision or development in which it is located, respectively. 3 (6) Construction and sales trailers shall meet the minimum setback requirements from all existing streets abutting the perimeter of the subject property and shall maintain twice the minimum required setback from any residential property abutting the property on which it is located. (7) Access to and parking for a construction or a sales trailer shall be from any new or proposed road, where applicable, and as approved by the Planning Board or, if proposed subsequent to subdivision or site plan approval, not less than 25 feet from the edge of pavement of any proposed road'; or as otherwise directed by the Building Inspector. Before a sales trailer is occupied, the binder course for the road providing access to it shall be completed, where applicable: (8) The location of a constriction or sales trailer shall be shown on the subdivision or site development plan approved by the Planning Board, or, if proposed subsequent to subdivision or site plan approval, shall be subject to approval by the Building Inspector and the Fire Inspector. (9) A construction or a sales trailer shall be removed from the property and the certificate of occupancy there for shall expire two (2) years from the date of issuance of a certificate of occupancy therefore, or upon acceptance of the road by the Town, whichever occurs first. In no case shall a construction or a sales trailer be permitted for more than two (2) years for any development - or approved phase of development, unless otherwise extended by the Town Board. (10) No sales trailer shall be permitted, and all trailers shall be removed, where a model house exists on the development site.. (11) A construction or a. sales trailer shall be provided with all required utility connections including but not limited to electricity, telephone service, and shall meet all requirements of the New. York State uniform fire prevention and building code. All ' utility connections, including temporary connections, shall -be underground. (12) A certificate of occupancy for a sales trailer shall not be granted and no use thereof shall be permitted until a water supply and sanitary sewage disposal system have been approved, constructed, inspected and are in operation in accordance with the requirements' of the Dutchess County Health Department. (13) The hours of sales operations shall be limited to 9:00 AM to 6:00 PM daily,. unless otherwise approved by the Town Board. 1! (14) Violations of the Zoning Law or other provisions of the Town Code may result in the revocation of the certificate of occupancy for and the immediate removal of any construction or sales trailer. Section 6. Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is- otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 7: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other -persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part. had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section S: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home.Rule Law. E (Complete the certification in the paragraph that applies to the filing of this local law and strikeout 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. #3 of 2004 of the (Town) Zb&4M) of TTa; naPr was duly passed by the Town Board on Feb ?3 2004, u1 accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as local law No. of 2004 of the (County) (City) (Town) (Village) of was duly passed by the on 2004, and was (approved) (not approved) (repassed after (Nanie of Legislative Borl))) disapproval) by the and was deemed duly adopted on 2004, (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2004 of the (County) (City) (Town) (Village) of was duly passed by the on 2004, and was (approved). (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2004. 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 2004, 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 2004 of the (County) (City) (Town) (Village) of was duly passed .by the on (Name of Legislative Body) 2004, and was (approved) (not approved) (repassed after disapproval) by the on 2004. Such.local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of 2004, 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 vestedwith the power to approve or veto local laws or ordinances. rel 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 2004 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Nlunicipal 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 2004, became operative. 6. (County local law concerning adoption of Charter). I hereby certify that the local law annexed hereto, designated as local law No. 6f2004 of the County of State of New York, having been submitted to the electors at the General Election of November 2004, 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 cities 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 indicated in paragraph 1 , above. �f Clerk`of th C egis alivfellgoislaVe od , , Town or Village Clerkor officer designated by loc/l body (Seal) Date: a2—/Z-6,t-22'� (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YO ' COUNTY OF r.— 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 o_f the 1 w annexed hereto: Signature of iAdocs2\500\wappinger\zone amen dments\trailers.locall aw2.dlmdoc1/21/2004 2;16 PM 7 Town Board Correspondence Log Document # To From Date Received Re Agenda 2003CL - 0025 Ralph J. Holt, Recreation Kathi Delisa 1/26/04 1/26/04 Resignation as Director of the Senior Citizen Cente 2/23/2004 2003CL - 0015 Dutchess County Depart Charles Del Bene 2/2/04 2/05/04 Wappinger Park Water Improvement 2/23/2004 2003CL - 0016 Schipp Construction Co. I Albert Roberts, Town Att 2/4/04 2/05/04 Contract 5-99 2R 2/23/2004 2003CL - 0017 Joseph Ruggiero, Supervi Thomas Davis, Attorney 2/2/04 2/2/04 Town Justice Court Prosecutions 2/23/2004 2003CL-0018 Town Board and Joseph Joseph Stankavage, Junio 2/3/04 2/05/04 Proposed Wappinger Park Water Improvement 2/23/2004 2003CL-0019 Joseph Ruggiero, Supervi Micheal P. Tremper, CA 2/2/04 2/05/04 Wappingers Park Water Leak 2/23/2004 2003CL - 0020 Town of Wappinger Tow Lawrence G. Nusbaum, Jr 2/19/04 2/23/04 Inter City Tire Group 2/23/2004 2003CL - 0021 Town Board Graham Foster, Highway 1/23/04 1/27/04 Vehicle Accident 2/23/2004 2003CL - 0022 Gloria Morse, Town Cler John M. Karge, Village C 1/27/04 1/30/04 Requests for Voting Machines 2/23/2004 2003CL - 0014 Joseph Ruggiero, Supervi Graham Foster, Highway 2/2/04 2/02/04 Accident Report 2/23/2004 2003CL - 0024 Gloria Morse, Town Cler Violet Curry, President of 1/22/04 1/29/04 Liquor License -application 2/23/2004 2003CL - 0034 Town Board Members Heather Kitchen, Town Ju 1/5/04 1/15/04 Town Justice Report December 2003 2/23/2004 2003CL - 0026 Shirley Chen, Chen Youn Mark Liebermann -Fire In 1/19/04 1/29/04 Open Flame in Restaurant 2/23/2004 2003CL - 0027 Joseph Ruggiero, Supervi Ralph Holt, Chairman 1/21/04 1/21/04 Vacation 2/23/2004 2003CL - 0028 Joseph Ruggiero, Supervi Graham Foster, Highway 1/22/04 1/23/04 William Hockler Accident Report 2/23/2004 2003CL - 0029 Joseph Ruggiero, Supervi George A Kolb jr. 1/15/04 1/15/04 Keenan Acres Subdivision 2/23/2004 2003CL - 0030 Joseph Ruggiero, Supervi Charles J Aviza 1/12/04 1/15/04 Maintenance Aid Certification 2/23/2004 Wednesday, February 18, 2004 Page 1 of 2 Document # To From Date Received Re Agenda 2003CL - 0031 Dutchess County Tax Col Kathleen Myers, Director 1/14/04 1/16/04 County Tax Bills and NYS Mandates 2/23/2004 2003CL - 0032 Town Clerk, Gloria Mors Barbara Papula, Treasure 1/12/04 1/15/04 Shadowbrook, Inc. 33 Chelsea Road Chelsea, NY 2/23/2004 2003CL - 0033 Town Board Members Carl S. Wolfson, Town Ju 1/6/04 1/07/04 Town Justice Report for December 2003 2/23/2004 2003CL - 0023 Gloria Morse, Town Cler Glen F. Kubista 1/27/04 1/30/04 The Spot C66, Inc. DBA the Spot Caf6 2/23/2004 Wednesday, February 18, 2004 02/23/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 23, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on a proposed Local Law to Increase the income eligibility for partial Real Property Tax Exemptions for persons Sixty -Five (65) Years of age or older. Supervisor Ruggiero opened the meeting at 7:32 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 7:33 pm v , Gloria J. se Town 1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF INCREASING INCOME ELIGIBILITY FOR SENIOR CITIZENS TAX EXEMPTION STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 10, 2004, your deponent posted a copy of the attached notice of Public Hearing Increasing Income Eligibility for Senior Citizens Tax Exemption 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. Sworn �o before me the of MARIA GILBRIOE Notary Pl'blic, State of New Ywk Reg. No. OIG15087374 Qualified in Dutchess Cor ti 5 Commission Expires Nov. 3, a GL RIA J. M Town Clerk Town of Wappinger rlL_ITH-[;'I..I 8,,l F A'T I••'1 A T. I,,i S T' R F F T To I,,1 r=a 1' F T rJ f= FF.' _ F ='I L,.. I,.... T OI,•.I J cn`FALJ..�,NY i7 t_(n t f D l.1 T f`, ,1 E ,: C1 T „ TTP,I' 'HE<1TH„ bed ril .,:IL1..1.";.r SWC?1-11: ..l nc�c a11r:I 4 t.. h _, t z all) t_ I-, ,-� ^ n �, ,� h: F.. I,_ �'r l? of - ;_, f_I t h1;�., •r n DI_lt 11i✓.s C:)..'i Cl_ll.atic'Irl �',lJf":�1 1�:�I=�t-i in I,�Ii^-IF'� 1I•It':iF� F`" Fl"•ll_L ._ . , D U T f:: H E'�, ti „ State I., 4. -, l h,1 F= W YORK:! -. rl c t h :?. t ca I 1 o t. 1. 7- 1 ) f 1, `:l f'I .� �� 1 I �t h e i_^1 n n r^; x ,.7: d i,^ iai. in '`,oI-I t her rl G:11..rt• I l �' f= r,1 �. 4,1,E t, n . = i^� n C7 :' ' 1. �.i. ; �' �'? �E ., I rl b'j, f CIT r' I`I ("I }; i^i f I' E h i' LI .:1 r `:' , ; !0 0,1 Not. r 'r' f f Li l.. -i, c-. ALBERT M. OSTEN NOTARY PUBLIC, STME OF NEW YORK QUALIFIED IN DUTCHESS COUNTY # 14.8240760 gQmmissm EXPIRES JUN 15 . 2007 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappingar will conduct a PUBLIC HEARING on the 23rd day of Feb- ruary, 2004, a1 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers 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 the Code of the Town of Wappinger to increase the Maxi- mum Income Eligibility for Partial Real Property Tax Exemptions for Persons Sixty-Five•(65) Years of Age or Older" PLEASE TAKE FURTHER NO- TICE that the purpose and intent of the proposed Local Law is to in- crease the income limit for eligi- bility for real property tax exemp- tions for senior citizens from $20,500.00 to $24,000.00, and to make partial exemptions available for senior citizens whose incomes are greater than $24,000.00 but less than $32,400. PLEASE TAKE FURTHER NO- TICE that the Town Board has de- termined 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 Review Act (SEORA) or pursuant to Local Law No. 6 of 1992, and, accordingly, no environmental re- view has been undertaken. PLEASE TAKE FURTHER NO- TICE that copies of the proposed Local Law No. of the Year 2004 are available for review and in- spection at the Orlice of the Town :lerk on weekdays from 8:30 a.m. a 4:00 p.m., at the Town Hell, 20 Aiddlebush Road, Wappingers =ails, New York. JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilperson Voting Aye VINCENT BETTINA, Councilperson Voting Aye JOSEPH P. PAOLONI. Councilperson Voting Aye MAUREEN McCARTHY, Councilperson Voting Aye The Resolution is hereby duly de- clared adopted. Daled. February 9, 2004 Wappingers Falls, New York GLORIA MORSE, Town Clerk Town of Wappinger 0290 i Poughkeepsie, MY. AFFMAVIT 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 HEAR- ING on the 23rd day of February, 2004, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middfebush Road, Wappingers Falls, New York, at which time all parties in interest and citi- zens shall have an opportu- nity 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 the Code of the Town of Wappinger to Increase the Maximum Income Eligibility for Partial Real Property Tax Exemptions for Persons Sixty -Five (65) Years of Age or Older." PLEASE TAKE FURTHER NOTICE that the purpose of intent of the proposed Local Law is to increase the income limit for eligibility for real property tax exemptions for senior citizens from $20,500.00 to $24,000.00, and to make partial exemp- tions available for senior citizens whose incomes are greater than $24,000.00 but less than $32,400. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6NYCRR 617.5 (c) (20)the proposed adop- tion of the aforementioned Local Law is aType II action not requiring environmental review pursuant to the State Environmental Quality Re- view Act (SEORA) or pursu- ant to Local Law No. 6 of 1992 and, accordingly, no environmental review has been undertaken. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No. of the Year 2004 are avaT 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. JOSEPH RUGGIERO, Su- pervisor Voting AYE ROBERT L. VALDATI, Coun- cilperson Voting AYE VINCENT BETTINA, Coun- cilperson Voting AYE JOSEPH P. PAOLONI, Councilperson Voting AYE MAUREEN McCARTHY, Councilperson Voting AYE The Resolution is hereby duly declared adopted. Dated: February 9, 2004, Wappingers Falls, New York GLORIA MORSE, Town Clerk Town of Wappinger 0378 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi ol yv� X\0 , 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 angM�d ZiPJ4' F Iwo duly published in the said newspaper for weeks successively, in each week, commencing on the 1 T th day of Feb. 2004 and_ on the following dates thereafter, namely on: And ending on the day of 20 4 ,both days inclusive. Subscribed s orn t efore me this day of 200 A��.Public 00M 4. A Public Hearing was held by the Town Board of the Town of Wappinger on February 23, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on a proposed Local Law to Increase the income eligibility for partial Real Property Tax Exemptions for Real Property owned by Disabled Persons. Supervisor Ruggiero opened the meeting at 7:34 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. Councilman Paoloni moved to close the Public Hearing, seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 7:35 pm. v Glori orse Tow erk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW TO INCREASING INCOME ELIGIBILITY FOR PARTIAL TAX EXEMPTIONS FOR REAL PROPERTY OWNED BY DISABLED PERSONS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 10, 2004, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law Increasing Income Eligibility for Partial Real Property owned by disabled persons, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. GLORIA J. M Town Clerk r' 7 Town of Wappinger Sworn to before me the day of��GtG.Gr , 2004 MARIA GILBRIDE Notary Pl,blir., State of New York ` Reg. No. OIG15087374 Commission Exalified ipi res Dutch Novs ss Co ::;I:.�ILJTI-Iw:RI`.I hL.:ITrf-ir�� p'J1=h.J 81-i F ^I ~; T I''I ,A T PSI T R F F T lo) AI PT1,IG.F1 ,� FAI....1 r,11),, 9_:",9.,.1 A f -F _l <-A -a .! t cp f P 4-1 1::► .1. 5.. cal. -IC .1- Ca rw TOWN F f P �S, (7 ('1 t. l I I t. ',;' i.-.:' f r 1 I_.I T I , I'i T T T P •I F H F- A, T H I? 7.. YI <7 11.,.1 I -, (•:I )- n . C'i c.' ;) o s., e a 1-1 "d s'. T w. fl Err", ',- DI_,I1 c h'9 _ �,Ie I.1.v- a I,Ie,-. f'i 1. ')' 11.-)I) P,a i"i i 11 t'itT i H 1, _ — r ,r. tr.)p i.11!..>�.] .. FI -C) 111 I,,)t=iPPTf`)rltr _r^ 3 FAL.L.. ,, -)'t" ['11_1T(.... t t.: ofrJ - -hJ P11 jn4- t !'I t 8 Ira t i.. � r,:, f w i l i. ,-: h i'I ( anni k rl i :. t ..I ' U•J a I_ .7.' Ll. �) 1 1.:= jl c'I 1 ll C' 1.1 i i"'I r?'T" )'I t, l"I !. P.._13 t hl d a -,, o i aj" t _ f Fri rI.I�.I ::C 2 0f .,l ALBERT M. NOTARY PUBLIC, STASE OF NEW YORK QUALIFIED IN DUTCHESS COUNTY `r # 14-8240760 COMMISSION EXPIRES JUN 15 2007 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town o1 Wappinger will conduct a PUBLIC HEARING on the 23rd day of Feb- ruary, 2004, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers 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 the Code 01 the Town of Wappinger to Increase the Income Eligibility for Partial Real Properly Tax Exemptions for Real Property Owned by Disabled Persons.' PLEASE TAKE FURTHER NO. TICE that the purpose and intent of the proposed Local Law is to in- crease the owner's income limit for eligibility Ior a real property tax exemption of fifty percent (501/6) for real property owned by disabled r persons from $21,500.00 to t $24,000.00, and to make partial t exemptions available for disabled f persons whose incomes are greater than $24,000.00 but less than $32,400. PLEASE TAKE FURTHER NO- TICE that the Town Board has de- termined that pursuant to 6 NYCRR 617.5 (c) (20) the proposed adop- tion of the aforementioned Local Law is a Type If action not requiring epvironmental review pursuant 10 the State Environmental Quality Review Act (SEORA) or pursuant to Local Law No. 6 of 1992, and, accordingly, no environmental re- view has been undertaken. PLEASE TAKE FURTHER NO- TICE that copies of the proposed Local Law No.,_ of the Year 2004 are available for review and in- spection at the Office of the Town Clerk on weekdays from 6:30 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 7 Poughkeepsie, MY. AFFIDAVIT OF PUBLICATIOM 9? (i 0290. State of New York ,r;g® County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned 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 anrn�d 1Ff?j4g1w0aA duly published in the said newspaper for weeks successively, in each week, commencing on the 11 th day of Feb. 2004 and on the following dates thereafter, namely on: And ending on the day of 2 04 both days inclusive. Subscribed a sworn t efore me this"", day of - 2004 Nota Public �---� My commission expires owned by disabled persons from $21,500.00 tc NOTICE OF PUBLIC $24,000.00, and to make partial exemptions available HEARING TOWN OF WAPPINGER for disabled persons whose NOTICE IS HEREBY GIV- EN that the Town Board of incomes are great than $24,000.00 but less than the Town of Wa conduct a PUBLIC HEART $32,EASE PLEASE TAKE FURTHER ING on the 23rd da of y February, 2004, at 7:30 p.m, NOTICE that the Town Board has determined that at the Town Hall, Town of Wappinger, 20 Middlebush pursuant to 6 NYCRR 617.5 ( the proposed Road, Wappingers Falls, New York, at which time all tion of of the aforementioneone d Local Law is a Type II action parties in interest and citi- not requiring zens shall have an o ortu- nity to be heard pas review pursuant to the State nt to th State Environmental to whether the Town Board of view Act A)orQuality su, the Town of Wa in er shall adopt a proposed Local Law ant to Local Law No. 6 0l cal La) N . 6 a 1992 and, accordingly, nc entitled "Local Law No. of the Year 2004, Amend n environmental review has been undertaken. the Code of the Town of pinger to Increase the PLEASE TAKE FURTHER NOTICE that copies of the I c Income Eligibility for Partial Real Property Tax Exem - proposed Local Law No. of the Year are P tions for Real Property Owned by Disabled Per- avai able for review and review inspection at the Office of sons.' the Town Clerk on week PLEASE TAKE FURTHER days from 8:30 a.m, to 4:OC NOTICE that the purpose p.m., at the Town Hall, 2C Middlebush Road, Wappin and intent of the proposed Local Law is to increase the gets Falls, New York. owner's income limit for eligibility for a real property Dated: February 9, 2004 BY ORDER OF THE TOWN tax exemption of fifty per- BOARD OF THE TOWN OF WAPPINGER cent (50%) for real property GLORIA J. MORSE, TOWN CLERK 0317 0290. State of New York ,r;g® County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned 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 anrn�d 1Ff?j4g1w0aA duly published in the said newspaper for weeks successively, in each week, commencing on the 11 th day of Feb. 2004 and on the following dates thereafter, namely on: And ending on the day of 2 04 both days inclusive. Subscribed a sworn t efore me this"", day of - 2004 Nota Public �---� My commission expires 02/23/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 23, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on a proposed Local Law amending the town code by adding a new section for the Temporary Construction of Sales Trailers. Supervisor Ruggiero opened the meeting at 7:36 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 7:37 pm Gloria or Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AMENDMENT OF THE TOWN ZONING CODE SECTION 240 ZONING, SCHEDULE OF USE REGULATIONS -RESIDENTIAL DISTRICTS & SCHEDULE OF USE REGULATIONS NONRESIDENTIAL DISTRICTS & ADDING A NEW SECTION 240-27.1, TEMPORARY CONSTRUCTION AND SALES TRAILERS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 10, 2004, your deponent posted a copy of the attached notice of Public Hearing amending the Town Zoning 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. awoin t:, before me the W day ,2004 2` bLORtk J. MORS Town Clerk �/ Town of Wappinger MARIA GILBRIDE Notary P,Uic, State of New York Reg. No. OIG15087374 Qualified in Dutchess Cou Commission Expires Nov. 3, '''. 1 1 .1. 1 �. NOTICE OF PUBLIC HEAR- ING Poughkeepsie, N.Y. designated Type I actions). — PLEASE TAKE FURTHER NOTICE that the Town AMENDMENT OF THE I Board has reserved its right TOWN ZONING CODE to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing to be held on the adoption of the proposed amendments. TOWN OF WAPPINGER ( NOTICE IS HEREBY GIV- EN the Town Board of the Town of Wappinger will conduct a Public Hearing on PLEASE TAKE FURTHER the 23rd day of February NOTICE that the full text of 2004, at 7,30 PM at the the draft proposed amend - Town Hall, 20 Middlebush ments will be available for Road, Wappinger, New York review and inspection at the at which time, all parties in office of the Town Clerk on interest and citizens shall weekdays from 8:30 AM to have an opportunity to be 4:00 PM. heard as to whether the DATED: January 27th, 2004 Town Board of the Town of BY ORDER OF THE TOWN Wappinger should amend BOARD OF THE TOWN OF the Town Code, Chapter WAPPINGER 240, Zoning, Schedule of Gloria Morse Use Regulations - Residen- Town Clerk tial Districts and Schedules 0711 of Use Regulations - Non- residential Districts, and add a new Section 240.27.1, Temporary Construction and Sales Trailers, to permit temporary construction and sales trailers in association with new construction in the Town and to establish regu- lations and standards per- taining thereto to protect public safety, property val- ues, and to avoid and minimize any associated nuisances. PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Con- servation Law, Part 617 NYCRR (commonly known as 'SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which establishes localiv 0290 TpwN C/ E 1 �1 141 -j 01 V, I ,:I:- : State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned 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 NOTICEwas duly published in the said newspaper one insertion for weeks successively, in each week, commencing on the 2nd• day of Feb, 2004 and on the following dates thereafter, namely on: And ending on the 1 day of 2004 both days inclusive. VP Subscribe4qd swo to before me this 'day of —12004 No Public My commission expires r� �� w�4 L=AST 1'1ATN TRE.F_T f=ALI.- , 1'.4y i. '59C) off 1sA -=-t %-* 1-17- cif P'LJLl.1 1.4C�.-t 5-<::>T1 T i f I,,I J 4a l ; I h� I ! I" Iw„=, F F L.. l,m `, :, T � I�. .. IfWttr 0 r I.1 `K; ;3 „' 4 i, _ i.. r? l_.. L.... S, fel 'Y 1 ? r, q t`) i";'�L.) NOTICE OF PUBLIC HEARING AMENDMENT Tlt. % :'?f OF THE TOWN ZONING CODE TOWN OF WAPPINGER T T T P,.I 1--I- -', T F -I ., 11.1.1 1,.1,- l NOTICEY GIVEN the TowBoardofthe Town of nlfl t. I^' fZi"1!-i� I F •'F t"t t.l r 1 la?'j j1 r h I I Wappinger will conduct a Public Hearing on the 23rd day of Febru- hl,,,ltiFT'I 1' i]. ary 2004, at 7:30 PM at the Town Hell, 20 Middlebush Road, ). t . ," I, L:' 1. -t ^I ,r r. J.. 1-I Wr°l- ' �� FA1_.L...S Wappinger, New York at which t 'r'' C) F I l.J T l" 1 I t -I ? + ', f I'll W Y (71S iC, ,, T I C'1 time, all parties in interest and citi-' xens shall have an opportunity to =1 11'.' ? 1,C. 0f I"i p ! 1. (:-1'i i hC= a n l!a. be heard as to whether the Town Board of the Town of Wappinger i ` nT' 1 T!t,ai _tn L,Iof �r LI y' ( LI! ] 1 Ira t1-1 ,.?(�I_Ir.Ilt •T rl should amend the Town Code," Chapter 240, Zoning, Schedule of , 1 D I -I f; C f i ._? s, , kl t� 6 I's 0 T I !'s , rl 11 ,; ` r LI. ` i1 �. Use Regulations - Residential Dis- trios and Schedule of Use Regula- egula-tions- tions-Nonresidential Districts, and add a new Section 240-27.1, Tem- Porary Construction and Sales Trailers, to permit temporary con - r struclion and sales trailers in as. sociation with new construction in the Town and to establish regula- r , ..- a, 51.a, r n t. r., h w I L I m !. n i s� °fit h :1,1- c, f F e r t.t,, r `. ;;., I'l (�:1 lions and standards pertaining thereto to protect public safety; properly values, and to avoid and minimize any associated nui- -�-- sances. PLEASE TAKE FURTHER NO- -,. N ( } / I l 1' t '� 1 TICE that Town Board has deter- ALP.: RT M OVEN that the Proposed Action is a Type I action pursuant to Article 8 NOTARY PUBLIC, STATE OF NEW YORK of the Environmental Conservation QUAL)ilc9 til ^aiCllE' ,lCOUNTY Law, Part 617NYCRR(commonly known as "SEORA-) via Local Law 1 k , r, .a87_40� fill No. 6 of 1992 (the Town's environ. CU�1111SSIJN EXPIRES JUN 1 5 2007 mental quality review law which establishes locally designated Type l PLEASETAKE FURTHER NO- TICE that the Town Board has re- served Its right to make its Deter- mination of Significance pursuant to SEORA until the conclusion of the Public Hearing to be held on the adoption of the proposed amend- ments. PLEASE TAKE FURTHER NO. A TICE that the full text of the draft proposed amendments will be 1 v for review andInspectionC Rr G .1 the of al the office of the Town Clerk on k weekdays from 6:30 AM to 4:00 }{ ?r" a JF PM. DATED: January 27, 2004 �n BY ORDER OF THE TOM BOARD OF THE TOWN OF ^'n1 G`LFR�� Moise, Town Clerk TO, "Gloria ill(.1THf=F,I'"•I fIIJTCF-IF _ [4 E H<;T I'li' TN IF, TPEET. Tir r 1FR[ 1 ,4 le.-iall. notice 4 NOTICE OF PUBLIC HEARING ?. AMENDMENT OF THE TOWN ZONING CODE i"c'il..I p i.'- fi ?l_I Th: i' it^,'^ `= 1' TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the 'Town of T, T. —k• i F,i'_i-iTH „ !.-)e 1.. h1 7 i,Ju1'i' Vii(°,Ii`',] 11T�er7)� os; r""n(71 Wappinger will conduct a Public' Hearing onthe 23rdday ofFebru- .. t, l-1 _i t T am t I I<-; �:OC)1-�:',•� F .r PF.F—� ary 2004, a1 7:30 PM at the Town Ha11,. 20 Middlebush Road clu t c! h, I`•I l ,l : ci 1.1 = ;- 1 . I -; ? ;I n 11 1 '1' 1 I l ..i ( 1 t 1'I r? 1' Wappinger, Now York at which .L :.l.l _IJ1,9. .ti=?Tl rLit'l1.=:Fra,d In Ffifl...l_S time, all parties in interest and citi- zensshall have anopportunity to' C. i.J llt'i'` i' -r 11L 1TC 1-1ESS ,; tea t, c,,'I' rE14 `07) l IC:A be heard as to whether the Town Board of the Town of Wappinger t h c;, 1_ ;a n J t. 1. C e Q f 1,4 h i C h t 11,` : l 1-1 T -i ^ ;, t_i 1 s a should amend the Town Code, - Chapter 240, Zoning,_ Schedule of r'r11-Ite ct:"Py. l•J +... �JL.I1. r r'llf?I i Ff1+i•'d 111 `5 c, 1_1 t. i- rri Use Regulations - Residential Dis- Irlctsand Schedule ofUse Regula - DI. -t f".. I I `._ . r'.I,, I, I.s r', Tl �,,;c` "y T1 ��;,,'.. , 'i ,%�., 4 It ons - Nonresidential Districts, and add a new Section 240-27.1, Tem- porary Construction and Sales Trailers, to permit temporary con- trailers struction and sales In as- sociation with new construction in the Town and to establish regula- - - - lions and standards pertaining thereto to protect public safety, r, :.(,1r1"n iC h: f C!i til h7.5 Vit. hi1i:1'..' +," t rr Iii LI;;.T + ?11i"+<S property values, and to avoid and minimize any associated nui- sances. PLEASE TAKE FURTHER NO- TICE that Town Board has deter- _ - mined that the Proposed Action is a I r f j I I t'i ,�, L i:' ':RT Type I action pursuant to Article 8 of the Environmental Consery ALSPA OSIFN NOTARY PUBLIC, STATE OF NEW YORK Law, Part fit? NYORR (commonly known as "SEORA") via Local Law QUALIFIED III OUTGUESS COUNTY No. 6 of 1992 (the Town's environ- ;)14-82407610 mental quality review law which establishes locally designated Type Cf�ir4Ml$31DN EXPIflES �) f I[I 1 n007 JUN I actions). PLEASE TAKE FURTHER NO - PLEASE v19 Y L that the Town Board has re- served its right to make its Deter- mination of Significance pursuant to SEQRA until the conclusion of the Public Hearing to be held on the adoption of the proposed amend- ments. PLEASE TAKE FURTHER NO- TICE that the full text of the draft proposed amendments will be available for review and inspection at the office of the Town Clark on weekdays from 8:30 AM to 4:00 PM. DATED: January TH RECEIVED BY ORDER OF THE TOWN BOARD OF THE TOWN OF . WAPPINGER r > 1 � Uoi Gloria Morse, Town Clerk 02/23/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 23, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York in the Matter of a change in Plan for the Construction of Improvements for Wappinger Water Improvement Area 1999-2(R) in said Town. Supervisor Ruggiero opened the meeting at 7:38 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 7:39 pm (1 G oria orse Town erk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF A CHANGE IN PLAN FOR THE CONSTRUCTION OF IMPROVEMENTS FOR WAPPINGER WATER IMPROVEMENT AREA 1999-2(R) IN SAID TOWN STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 10, 2004, your deponent posted a copy of the attached notice of Public Hearing for a Change in Plan for the Construction of Improvements for Wappinger Water Improvement Area 1999-2(R) in said town 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. Sworn to before me the 17_ day of & ,2004 l MARIA GILBRIDE Notary Public, State of New York },,; ` Reg. No.OIG15087374 Qualified in Dutchess County Commission Expires Nov. -3,4-r-0-5 ie Journal between he Rodkingham mains and the Central Wap- ,epsie, N.Y. ginger Water Improvement , LU Area, to be constructed in lieu of such water storage tank will cost $385,00getan; d PUBLICATION $55,000 less than the afore- said water storage tank; and e�� MSA WHEREAS, it is now de- '�, sired to call a public hearing AI on the aforesaid change in ISaHERE YTHEREFORE, IT ORDERED, by the Town Board of the Town of State of New York �\ Wappinger, Dutchess Coun- ty, New York, shall be held County of Dutchess C� at the Town Hall, 20 Middle - bush Road, in Wappingers City of Poughkeepsie Falls, New York, in said Town, on February 23, 2004, at 7:30 o'clock P.M., Prevail - Ing Time, for the purpose of holding a public hearing to consider the change in plan for the construction of im- Rita Lombardi of the Cit provements for Wappinger Y of Poughkeepsie, Water Improvement Area Dutchess Count New York, being dui sworn, says that at 1999-2(R) of said Town as Y> g Y Y described in the preambles the several times hereinafter mentioned she was and still is hereof, and to hear all persons Interested in the the Principal Clerk of the Poughkeepsie Newspapers Division subject matter thereof con- cerning the same, and for of Gannett Satellite Information Network, Inc., publisher of such other action on the part of said Town Board as may the POUGHKEEPSIE JOURNAL, a newspaper printed and be required by law or shall be proper in the premises. published every day in the year in the city of Section 2. The Town Clerk is hereby authorized and Poughkeepsie, Dutchess County, New York, and that the directed to cause a copy of this order to be published an d nn77j�Tg�F wg� duly published in the said newspaper once in the Southern Dutch- �175AT�1071 ass News & The Pough- for weeks successively, in each week, commencing keep§je Journal, the official newspapers of said Town, on the 1 1 th day of the first publication thereof to be not less than ten nor Feb. more than twenty days before the day set herein for 2004 and on the following dates the hearing as aforesaid, and said Town Clerk shall thereafter, namely on: also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, not less than ten nor more than twenty days before the day set for the hearing as aforesaid. Section 3. This order shall take effect Immediately. 0316 And ending on the day of 04 both days inclusive. Subscribed al swo to before me thisL4111<� day of 71 2004 rJPkotary Public My commission. expires Tip'""' for the Construction of Improvements for Wappinger Water Improvement Area 1999 2(R) in Said Town. ------ ------ ----x ORDER CALLING PUBLIC HEARING WHEREAS, by proceed• ings heretofore had and taken pursuant to the provi- sions of Article 12-C of the Town Law, and particularly a Public Interest Resolution dated October 23, 2000, and in accordance with an Order dated January 23, 2001 of the New York State Control- ler approving the establish- ment of Wappinger Water Improvement Area 1999- 2(R), a water Improvement area, known as Wappinger Water Improvement Area 1999-2(R), has been estab- lished in the Town of Wap- pinger, Dutchess County, New York; and WHEREAS, the improve- ments proposed for Wap- pinger Water Improvement Area 1999-2(R) consist of the implementation of a cost-effective method of ad- dressing source, supply and storage problems, and were proposed to include the construction of a new water storage tank at the Rocking- ham (Maxwell Place) site as Part of such method of addressing existing source, supply and storage prob- lems; and WHEREAS, after a review of the system parameters as constructed to date, and subsequent to conversa- tions with the Water System Operators, it was deter- mined by the Town's engi- neers that the construction of the aforesaid water stor- age tank was not imperative and that the system hydrau- lics in the area would be better improved by a pipe connection between the Rockingham mains and the Central Wappinger Water Improvement Area mains in the area of the Kendall Farms Subdivision; and WHEREAS, a third amend- ed map, plan and report for the construction of improve- ments for Water Improve- ment Area 1999 -2(R);" -de-.. scribing such change in plan and proposed pipeline connection, dated, January 12, 2004 and prepared by Paggi, Martin and Del Bene LLP, the Town's engineers in this matter, has been filed with the Town Clerk of the Town of Wappinger, where the same is available for PUBLIC NOTICE public Inspection; and NOTICE OF PUBLIC WHEREAS, the proposed HEARING cost of construction of the Please take Notice that the aforesaid water storage tank following Order has been at Rockingham was previ- adopted by the Town Board ously approved as part of of the Town of Wappinger, the improvements proposed Dutchess County, New for Wappinger Improvement York: Area 1999-2(R) at a maxi- _ — --x 0 In the Matter mum estimated cost of $440,000; and of WHEREAS, it is estimated a Change in PlanI that the pipe connection ie Journal between he Rodkingham mains and the Central Wap- ,epsie, N.Y. ginger Water Improvement , LU Area, to be constructed in lieu of such water storage tank will cost $385,00getan; d PUBLICATION $55,000 less than the afore- said water storage tank; and e�� MSA WHEREAS, it is now de- '�, sired to call a public hearing AI on the aforesaid change in ISaHERE YTHEREFORE, IT ORDERED, by the Town Board of the Town of State of New York �\ Wappinger, Dutchess Coun- ty, New York, shall be held County of Dutchess C� at the Town Hall, 20 Middle - bush Road, in Wappingers City of Poughkeepsie Falls, New York, in said Town, on February 23, 2004, at 7:30 o'clock P.M., Prevail - Ing Time, for the purpose of holding a public hearing to consider the change in plan for the construction of im- Rita Lombardi of the Cit provements for Wappinger Y of Poughkeepsie, Water Improvement Area Dutchess Count New York, being dui sworn, says that at 1999-2(R) of said Town as Y> g Y Y described in the preambles the several times hereinafter mentioned she was and still is hereof, and to hear all persons Interested in the the Principal Clerk of the Poughkeepsie Newspapers Division subject matter thereof con- cerning the same, and for of Gannett Satellite Information Network, Inc., publisher of such other action on the part of said Town Board as may the POUGHKEEPSIE JOURNAL, a newspaper printed and be required by law or shall be proper in the premises. published every day in the year in the city of Section 2. The Town Clerk is hereby authorized and Poughkeepsie, Dutchess County, New York, and that the directed to cause a copy of this order to be published an d nn77j�Tg�F wg� duly published in the said newspaper once in the Southern Dutch- �175AT�1071 ass News & The Pough- for weeks successively, in each week, commencing keep§je Journal, the official newspapers of said Town, on the 1 1 th day of the first publication thereof to be not less than ten nor Feb. more than twenty days before the day set herein for 2004 and on the following dates the hearing as aforesaid, and said Town Clerk shall thereafter, namely on: also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, not less than ten nor more than twenty days before the day set for the hearing as aforesaid. Section 3. This order shall take effect Immediately. 0316 And ending on the day of 04 both days inclusive. Subscribed al swo to before me thisL4111<� day of 71 2004 rJPkotary Public My commission. expires Tip'""' �iI_I Tf"ir f'' -f ! l-)I.)'rCI-IF, <"4 F ^ ,:',T 1`11 rP,I Tf~'E1 T lkff-z4ZIa,-,/i_.t 4z> -F P"b1 1c�� i.c>7"r F A I... !._ .. Til -1,4\1 Pv! T T T I`,.! I -I T } i f , ° 7. 1 i i r 1-i I_.I I '. ': (q r", T" )-I , 1 e (7 v" r3 -11-1 C, Order has been adopted by the Town rn t h. r-,,, 7 s 1 I< 1•; F r I, of C, o I-1 t 1.-! e r g aj I<J r=• l ..1'=, .. ti 1. 1 �- ;'.. 1 1 consider the change inplantorlhecon- y _ �i_ 'I _: L -I !. -� t )_ -_ 1 ;'.".� I,_) �.. .: f"I �^^; �m .-1 .!. 7`I"I ��11'"' , r I,! h: Fr? 4 i M L. - , n y ;,t r,l.'TI: I - ;I. t - t f I'lI,J '0RI( P, 1-1-f 1 , - o f ),) 1-1 .1 h t. 11 E' ,3 n 1-1 E- 171 )_ _ a. i",-_ 1 t. ;=`;_i ,. I 1 I _ r'. C -)i"5 `�� _� tat ;� .... "�II I i •.,, �-', t y _ i a ,I ,. I,I C' ,L .L : 1 I,.:,'�a �. n z-,n�! t 2001 of the New York State Controller Dutchess News, the official newspapers approving the establishment of Wappinger Water Improvement Area of said Town, the first publication thereof I to be not less than ten nor more than I 1999-2(R),a water im provement area, �1 ALBERT M. OSTEN NOTARY PUBLIC, STfZ OF NEW YORK QUALIFIED IN DUCHESS COUNTY # 14-8240760 r,OMMISSION EXPIRES JUN 15 2007 PUBLIC NOTICE OTICEHEARI n Ameeting ofthe Town Board - of the Town of Wappinger, Dutchess NOTICE OF G Please take E OF that the followin County, New York shall be held at the Order has been adopted by the Town Wan Hall, 20 Mi, New Yo Road, in Falls, New York, in said PPion Board of the Town of Wappinger, Dutchess County, New York: Fe Town, on February 23, ^004, at t 30 ORDER CALLING P.M o'clock ., Prevailing Time, forr the PUBLIC HEARING purpose of holding a public hearing to ________________x consider the change inplantorlhecon- In the Matter struction of improvements for Wappinger Water Improvement Area a Change in Plan lorOf the Construction of 1999-2(R) of said Town as described in Improvements for Wappinger Water the preambles hereof, and to hear all Improvement Area 1999-2(R) in Said Town Persons interested in the subject matter thereof concerning the same, and for such otheraction on lhepart of said Town WHEREAS by proceedings heretofore Board as may be required by law or shall had and taken pursuant to the provisions of Article 12-C of the Town Law, and par- be proper in the premises. tin The Town Clerk is hereby tic ularly a Public Interest Resolution dated October 23, 2000, and in accor- of this order to of his order to and directed locausenc in published once in dance with an Order dated January 23, o Poughkeepsie Journal and Southern 2001 of the New York State Controller Dutchess News, the official newspapers approving the establishment of Wappinger Water Improvement Area of said Town, the first publication thereof I to be not less than ten nor more than I 1999-2(R),a water im provement area, twenty days before the day set herein for I known as Wappinger Water Improvement the hearing as aforesaid, and said Town I Area 1999-2(R), has been established in the Town of Wappinger, Dutchess Clerk shall also cause a copy thereof to t be Posted on the signboard of the Town 1 County, New York; and maintained pursuant to subdivision 6 of F WHEREAS, the Improvements proposed Section 30 of the Town Law, not Tess than L for Wappinger WaterlmprovementArea ten nor more than twenty days before the a 1999-2(R) consist of the implements- tion of a cost-effective method of ad- day set for the hearing as aforesaid. G Sect n .This order shall take effect n dressing source, supply and storage immediately. F Problems. and were proposed to include Gloria J. Morse F the construction of a new water storage --- February 10, 2004 A tank at the Rockingham (Maxwell Place) site as part of such method of addressing existing source, supply and storage problems; and WHEREAS, after a review of the sys- tem parameters as constructed to date, and subsequent to conversations with the Water Systems Operators, it was determined by the Town's engineers that the construction of the aforesaid water storage tank was not imperative and that the system hydraulics in the area would be better improved by a pipe connection between the Rockingham mains and the Central Wappinger Water Improvement Area mains in the area of the Kendall Farms Subdivision; and WHEREAS, a third amended map, plan and report for the construction of im- provements for Water Improvement Area 1999-2(R) describing such change in plan and proposed pipeline connec- tion, dated January 12, 2004 and pre- pared by Paggi, Martin and Del Bene LLP, the Town's engineers in this mat- ter, has been filed with theTown Clerk of the Town of Wappinger, where the same is available for public inspection; and WHEREAS, the proposed cost of con- struction of the aforesaid water storage tank at Rockingham was previously approved as pan of the improvements F proposed for Wappinger Improvement t Area 1999-2(R) at a maximum esti- 9 mated cost of $440,000; and F WHEREAS, it is estimated that the pipe 7 connection between Rockingham mains Ir and the Central Wappinger Water Im- 6 provement Area, to be constructed in ti lieu of such water storage tank will cost L $385,000 or $55,000 less than the afore- e1 said water storage tank; and IIIWHEREAS, it is now desired to call a II public hearing on the aforesaid change to in plan; NOW. THEREFORE, IT 15 HEREBY ac vii ORDERED, by the Town Board of the P1 Town of Wappinger, Dutchess County, TI New York, as follows: