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2003-08-18 RGMMonday, August 18, 2003 7;30pm Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to Flag Receipt and Approval of Town Board Minutes July 23, 2003 Regular Meeting July 7, 2003 Public Hearing _.. • Amending Revised Estimate Cost and Method Of Payment Wappinger Sewer Improvement Area #4 • Local Law Exempting Senior Citizen's from Dog Licensing Fees • Local Law Amending Town Code to Clarify the Duties of the Enforcement Officers Suspension of Rules for Public Comment on Agenda Items Discussions • Central Hudson Chelsea Substation • Senior Housing . ZBA (Executive Session) Correspondence Log 2003CL-269 to 2003CL-302 Resolutions 2003-197 Adopting Local Law Exempting Senior Citizens from Town Dog Local Portion of Licensing Fees 2003-198 Adopting Local Law Amending the Town Code to Clarify the Duties of the Enforcement Officers 2003-199 Resolution Awarding Bid for the Applesauce Lane Pond Improvements 2003-200 Resolution Authorizing Change Order for 99-2R Contract 5 2003-201 Resolution Accepting Wappinger Park Map, Plan, and Report 2003-202 Resolution Setting Public Hearing for the Acceptance of the Wappinger Park 2003-203 Resolution to Adopt Map, Plan, and Report and Create the Meadowood Water District Wappinger Park 992R 2003-204 Resolution Setting Public Hearing to Amend the Map, Plan, and Report for 99-2R to Purchase Domber Wells 2003-206 Resolution Authorizing To Go To Bid to Repair Street Flusher Tank for Highway Department 2003-207 Resolution Authorizing Bond reduction for Lee Knolls IV Subdivision 2003-208 Resolution Authorizing the Naming of Duck Pond Drive 2003-209 Resolution Authorizing Gigliotti Waiver from central Wappinger Water District 2003-210 Resolution Accepting Correspondence Log 2003-211 Resolution Authorizing bids for canopy Repair at Town Hall 2003-212 Resolution Authorizing to go to bid for repairs of Gryestone Oil Tank 2003-213 Resolution amending Sewer Improvement No. 4 revised estimate cost and method of payment & award bid 2003-214 Resolution Accepting the resolution for the Map, Plan, and Report of Fleetwood Water District 2003-215 Resolution Authorizing Budget Amendments 2003-216 Resolution Authorizing Escrow Refund for Lee Knolls Subdivision New Business/Comments Adjournment 08/18/2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on August 18, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Amended Revised Estimate Cost and Method of Payment for the Wappinger Sewer Improvement Area #4. Supervisor Ruggiero opened the meeting at 7:36 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Gloria J. Morse The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). SUPERVISOR RUGGIERO wished to know if there were any questions or comments from the audience. There were none. Councilman Bettina moved to close the Public Hearing seconded by Councilman Colsey and unanimously carried. The Public Hearing closed at 7:40 p.m. Gloria J. M Town Cler TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF NOTICE OF PUBLIC HEARING FOR THE INCREASE IN COST OF THE SEWER IMPROVEMENT IN SEWER IMPROVEMENT ARE NO. 4 OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK PURSUANT TO ARTICLE 12-C OF THE TOWN LAW STATE OF NEW YORK) )SS: COUNTY OF DUTCHESS) POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 1, 2003 your deponent posted a copy of the attached notice of Public Hearing in the matter of the Increase in Cost of the Sewer Improvement in Sewer Improvement Area No. 4 of the Town of Wappinger, Dutchess County, New York Pursuant to Article 12-C of the Town Law 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 GLORIA J RSE Town Cle Town of Wappinger Sworn to efore me the day of , 2003 IRENE M REIS Notary Public State of New York Residing in Dutchess County Registration # 01 RE 51 Commission Expires IA 1. rq � T R FIF F-1? I . 1. In , N V A -F -F .:I CA 5 1-- C-!). -F F=> t -1. t-:1, l_ 5- C—_ --31 1-- 1 C-1, T1 P f -`f N G Fr.e wF.t,�i 1 1,4, C) r! n t 1. n W5 F' , 8 7 2 T I NA H F A I'l-A c•1;=to C) --z A 7-1 (71 `4 Lel i- i. 1 I. -J E' I jhc-iA -1 1-) C; t I 'rl Cf 1-cl-I (`_J t -nt W Y (:1 t 1 I.Al T k. I -I rl A. F) I - y ir", I 1 1 ,=, ij o ( n t i) N� f o r e in P 4. hi. �, 12 t h y () F A u g 11 ; t . 2 ( '10:` , ALBERT M. 0$ NCITIkRy PUBLIC, STWE OF NEW YORK QUALIFIES IN BUTCHESS CUUNTY # 14.8240760 COMMISSION EXPIRES JUN 15 2007 Section 1. The Town Clerk is hereby NOTICE OF ADOPTION OF authorized and directed to cause a copy ORDER CALLING A of this Order to be published once it PUBLICHEARING Poughkeepsie Journal and SoUtherr PLEASETAKE NOTICEthat me Town Dulphess News, and also to POsIt a 4co Board, of the town of Wappinger, lfleoton thetown signboard maintain0i( Dutchess County, Now York, has, on the, by the Town Clark, not less than ten 00 7th day of July 2003, duly adopted the nor more than twenty (20) days bef6ri Order published herewith callinga pub- the day designated for the hearing a lic hearing. -aforesaid, all in accordance with the prc Dated: Wappinger Falls, New York visions of Section 20ciq of the Town Lev July 8, 2003 Section 3. This Order shall take aff8( Gloria J. Morse immediately. Town Clerk The question of the adoption at the for( 090427-00351 going Order was duly put to a vote on 1`( At a regular meeting of the Town Board call, Whkh resuffed as follows: of the Town at Wappinger, Dutchess Joseph Ruggiero, Supervisor County, New Yorkhekl at the Town Hall, VOTING Aye 20 Middlebush Road. in Wappingers Falls, New York in said Town, on July 7, Robert Valdati, Councilman 2003, at 7:30 o'clock P.M,, PreVOTING Aye vailing Vincent Bettina, Councilman Time. VOTING Aye PRESENT: Joseph RuggisiO, $upqrvIsor Christopher Cols8Y. Councilman Robert Vaidati, Councilman VOTING Aye VincentSaltine, Councilman Joseph Paoloni, Councilman Christopher Colsey, Councilman VOTINGAbsent ABSENT- Joseph Paoloni, Councilman The order was thereupon declared d ORDER CALLING pU BLIC HEARING adopted. ..... ............... I ......... ------------ x In the Matter . of the Increase in Cost Of the Sewer Improvement in Sewer Improvement Area No. 4 of the Town of Wappinger, Dutchess County, New York Pursuant to Article 12-C at the Town Law ----------- ---•• ---------------_-- x WHEREAS the Tom Board of theTbwn at Wappinger, Dutchess County, New York, on May 28, 1 g9p, caused Sewer improvement Area No. 4 of the Town Of Wappina orized gar lobe created. and auth i the making at certain improvements therefor _.,WHEREAS, said improvements are as described in a map, plan and report, in- cluding an estimata'ot cost. duly pre- pared by Pegg!, Martin & DelBene, LLP, competent engineers duly licensed by the State of Now York Which he been prepared In such detail and in has a manner as are acceptable to the Town Board, WHEREAS; said improvements include the ponstfWqtign of collector lines, in- pludirig original furnishings, equipment, machinery, apparatus, appurtenances enc) incidental improvements and ex ns - pees in connection therewith, as more i 611y shown in the aforesaid map, plan and report and estimate of cost an file in the office of the Town Clerk, which is avallablefor inspection by any person of person interested in same during regu- r office hours at said office; and WHEREAS, said capital improvements dated May? . 8. J 996; and WHEREA$,it has since been dater- cost creas ad to $501,000, an ino crease of $98.000; and WHEREAS, said additional estimated cost shall befpsidironn monies available therefor; and WHEREAS, it is now desired to call a public hearing for the purpose of qon- sidering said Map, plan and report, and the revised estimate Of cost, and to hear all persons interested in the subject theregl concerning the aWns, all in as, Cot dence with the provisions of Section 2aTwmtawpoW,THERE lzm; BE IT ORDERED• by the Town Board of the Town of Wappinger, Dulchess County, Now York as follows: Section 1. A public hearing of the Town Board of the Town of Wappinger� Dutchm county, New York shall be had at the Town Hall, 20 Middlebush Road, in Wappinger Falls, Now York in said Town on the 18th day of Aug. 2003, at 7-30 ;'clock P.M., Prevailing Time, 10 consider the aioresek map, plan and report. Including such revised estimate, of cost and to hear . all persons inter- ested in the $ubject thereof concerning the same andidtake such action lherew as is required by law. 0290 Poughkeepsie 3ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF ADOPTION OF ORDER CALLING A PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger,qutch- ass County, New York, has, on the 7th day of July, 2003, duly adopted the Order published herewlth calling a public hearing. — Dated: Wappingers falls, New York July 8th, 2003 f GLORIA J. MORSE Town Clerk At a regular meeting f the Town Board of the Ton of Wappinger, Dutchess oun- ty, New York, held a the Town Hall, 20 Middl ush Road, in Wappingers ails, New York, in said To on July 7, 2003, at 7:30 o' lock p.m., Prevailing Time. PRESENT: Joseph Ruggiero, Supervisor Robert Valdati, Council an Vincent Bettina, Council an Christopher Colsey, Councilman ABSENT: Joseph Paoloni, Councilman --- - - X In the Matter of j the Increase in Cost of the Sewer Improvement in w- er Improvement Area No. 4 of the Town of Wappinger, Dutchess County, New Nfork Pursuant to Article 12-Q of the Town Law, ---- -- -- -- -X ORDER CALLING 1 PUBLIC HEARING WHEREAS, the Tc vn Board of the Town of Wappinger, Dutchess Co n- ty, New York, on May 8, 1996, caused Sewer prove%ant Area No. 4 of s Town of Wappinger to e created, and authorized is making of certain impro e- ments therefor; WHEREAS, said impro a- ments are as described ii a map, plan and report, in- cluding an estimate of co¢t, duly prepared by Peg i, Martin & DelBene, competent engineers d ly licensed by the State of N w York, which has been pit pared in such detail andn such a manner as a e acceptable to the To Board; i WHEREAS, said improve- ments include the construp- tion of collector lines, includ- ing original fumishings, equipment, machinery, paratus, appurtenances and incidental improvements and expenses in connection therewith, as more fully shown in the aforesaid map, plan and report and esti- mate of cost on file in the office of the Town ClerR, which is available for inspec- tion by any person or person interested in same during regular office hours at said office; and WHEREAS, said capital improvements as originally proposed in connection with the establishment of Sewer Improvement Area No. 4 of the Town of Wappinger had a maximum estimated cost of $403,000, and said im- provements were deter- mined to be in the public interest by an order dated May 28, 1996; and WHEREAS, it has since been determined, based on further examination and esti- mation, that the estimates' maximum cost has in- creased to $501,000, and increase of $98,000; and WHEREAS, said additional estimated cost shall be paid Irom monies available there- for; and WHEREAS, it is now de- sired to call a public hearing for the purpose of consider. ng said map, plan and •eport, and the revised esti- p.m., Prevailing Time, to consider the aforesaid map, plan and report, including such revised estimate of cost, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in Poughkeepsie Jour- nal and Southern Dutchess i News, and also to post a copy thereof on the town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hear- ing as aforesaid, all in accordance with the provi- sions of Section 209-q of the Town law. Section 3. This Order shall take effect immediately. The question of the adop- tion of the foregoing Order was duly put to a vote on roll call, which resulted as fol- lows: Joseph Ruggiero, Supervisor VOTING Aye Robert Valdati, Councilman VOTING Aye Vincent Bettina, Councilman VOTING Aye Christopher Colsey, Councilman VOTING Aye Joseph Paoloni, Councilman Absent The Order was thereupon declared duly adopted. 4347 ,Gt_r� 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 NOTICE was duly published in the said newspaper for °nweeks successively, in each week, commencing on the 6th. day of Aug. 2003 and thereafter, namely on: on the following dates And ending on the day of 2003 both days inclusive. f � Subscribe 3 sworn to before me this day of , 200 Notary Public /"- ,/z My commission expires 08/18/2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on August 18, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the propose Local Law Exempting Senior Citizens from Dog Licensing Fees. Supervisor Ruggiero opened the meeting at 7:40 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Gloria J. Morse The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). SUPERVISOR RUGGIERO wished to know if there were any questions or comments from the audience. There were none, Councilman Colsey moved to close the Public Hearing seconded by Councilman Paoloni and unanimously carried. The Public Hearing closed at 7:41 p.m. iGgloriaM rr TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF M OF POSTING NOTICE OF PUBLIC HEARING EXEMPTING SENIOR CITIZENS FROM THE TOWN DOG LICENSING FEES )ss: COUNTY OF DUTCHESS) GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 1, 2003 your deponent posted a copy of the attached notice of Public Hearing Exempting Senior Citizens from Town Dog Licensing Fees 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. 9 GLORIA J. N SE Town Clerk Town of Wappinger Sworn to before me the day of , 2003 IRENE M REIS otary Public State of New York Residing in Dutchess County Registration 4 01 RE5 0 12 Commission Expires ZOOC� 17)1.11"i"HF -,'i . NFLd MAIN '�JRFFT A -F -(r= i_ A -::ii;. %,o 11- _ c-,, -F F> t. i_ V_ -i- T I - c"- --4_ 1':- _-r c-�, 1ro T ,-:, . 1..1.14 P' P 7 i%,l (y r: R' �; 4-) I.. I ... -, , r. r..I i. j I" i TTNA HFA .r. H ; h;W i. n cl Hill -1/ 5,; t.AI c:, r n ; (J,,_: p i-):=; t. a. n d T 3. r(1 t h s=' n 'i' :•'i i') u i. h e r n Nk rie,,ispap;ar n' :) 1' 1.) at.:i c,n rt, :, ,l :i ;P,: 41 :I. n �.Ji: P,PTIdt,F �, F A.L I._S i':rlttrjt:.'y c')f I-)llT("'HFSti; t .t.� of NIFIA YC)hK.; a.nd a. n 1-t !^? x r t r')t r 'i I,,),� (41,1.y l)N. 1.t h,,-,., I i..n ;c -)1,1.1 -. her n hl.r-t..I:ri != c:,n `>laii)"j"(') } i, t)r'� iti ;=, ria { h Lti 1 '1 i i'Lzl`,' (1 f r:iIt111 s t IIU.i ALBERT M. 00EN NOTARY PUBLIC, SME OF NEW YORK QUALIFIED IN DUTCHESS COUNTY # 14.8240760 illr.. r,OMMISSION EXPIRES JUN 15 2007 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct;a PUBLIC HEARING on the 18M day of August, 2003, at 7:30 p.m. at the Town Hall, Town of Wapping%20 Middlebush Road', Wappingers Falls, New York at which time all parties in in- teresiand citizens shall have an oppor- tunity to be heard as to whether the Town Board of the Town of Wappinger shall amend Local Law No. 7 of the Year 1978 through the passage of this Local Law No. , of the Year 2003, which will authorize aTown dog licensing tee ex- emptiol to dog'owoers aged sixty-five (65) years or over. PLEASE TAKE FURTHER NOTICE that the purpose and intent of the amend- ment to pie proQosed Local Law to autho- rizethe Town.Clerk to exempt all dog Owners who are aged sixty-five (65) years or over from payment of additional dog licensing fees imposed by the Town of Wdppinger. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 NYCRR 617.5 (c) (20) the proposed adoption of the aforementioned Local Law is a Type II action not requir- ing environmental review pursuant to the State Environmental Quality Review Act (SEORA) or pursuant to Local Law No. 6 of 1992, and, accordingly, no environ- mental review has been undertaken. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No. _ of the Year2003 are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: July 7, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria J. Morse, Town Clerk RECEIVED AUG 15 2003 TowN CLERK 0290 Poughkeepsie Journal Poughkeepsie, N:'Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIV- EN that the Town Board of the Town of Wapppinger will conduct a PUBLIC HEAR- ING on the 18th day of August, 2003, 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 citi- zens shall have an opportu- nity to be heard as to whether the Town Board of the Town of Wappinger shall amend Local Law No. 7 of the Year 1978 through the PPassage of this Local Law No. of the Year 2003 which will authorize a Town dog licejwners g fee exemption to d aged sixty-five (665sorover.PSE TAKE FURTHER NOTICE that the purpose and Intent of the amend- ment tothe proposed Local Law to authorize the Town Clerk to exempt all dog owners who are aged 'sixty- five (65) years or over from the payment of additional dog licensing fees imposed' by the Town of Wappin er. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to NYCRR 617.5 (c)(20) the proposed adop- tion of the aforementioned Local Law is a Type II action not requiring environmental review pursuant to the State Environmental Quality Re, view Act (SEQRA) or pursu- ant to Local Law No.' 6 of 1992 and, accordingly, no environmental review has been undertaken. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No. of the Year 2005 are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at'the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: July 7, 2003 By Order of the Town Board of the Town of Wappinger GLORIA J. MORSE Town Clerk 4344 `�aaeret 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 NOTICE was duly published in the said newspaper °nsfor weeksuccessively, in each week, commencing on the 6th. day of Aug. 2003 and thereafter, namely on: on the following dates And ending on the day of 03 ,both days inclusive. Subscrib ad sworn to before me this day of , 2003 Public !� livly commission expires 08/18/2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on August 18, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law entitled "Enforcement Officers", Supervisor Ruggiero opened the meeting at 7:41 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Gloria J. Morse The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). SUPERVISOR RUGGIERO wished to know if there were any questions or comments from the audience. There were none. Councilman Bettina moved to close the Public Hearing seconded by Councilman Paoloni and unanimously carried. The Public Hearing closed at 7:43 p.m. Gloria J. Mo Town Clerk TOWN BOARD: WN OF WAPPINGER DUTCHESS CO�W: NEW YORK IN E MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING AMENDING TH OWN CODE TO CLARIFY THE DUTIES OF THE ENFORCEMENT FFICERS OF THE TOWN OF WAPPINGER )ss: COUNTY OF DU HESS) GLORIA J. MOR , being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 1, 2003 your deponent posted a copy of the attached notice of Public Hearing Amending the Town Code to Clarify the Duties of the Enforcement Officers of the Town of Wappinger on the sign board maintained by y r deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. v J, z> GLORIA J. �XSE Town Clerk Town of Wappinger Sworn to before me the day of , 2003 IRENEEIS Notary Public St at of New York Residing in DutclIess County Registration t#1 E 51 t Commission Expires 9!2§ -IF -F - 7, L FI IF" y 4 J 1, 1F.FT 1- ril y 'I TT. N A H F A TH im C'. o I i n f 1 i T C" 1-1 K, FF PEI", r)f n w 5� , DA , r)p.y- of of NIF"JA Y R d v ID I. I th, I i `%triorn 1c, hef,'vp mp thtj::, [j.,71h day of P'llaii-z-t NOTARY PUBLIC QUALIFIED IN #14 COMMISSION EX Nnf Aj-v L)id-)] (WEN ,TE OF NEW YORK CHESS COUNTY 10760 JUN 15 2007 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 18th day of August, 2003, at 7:30 pm. at the Town Hal, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York at which time all parties in in- terest and ciftens shall have an oppor- tunity to be heard as to whetherthaTown Board of the Town of Wappingei shall adopt Local Law No. 2003, Amend- ments; of the Town of Wappinger Zoning Law. PLEASE TAKE FURTHER NOTICE that the purpose and intent of tha pro- posed Local Law Is to amend the Town Code of the Town of Wapphgerto clarify the officers of the Town empowered to enforce the Town Code. PLEASE TAKE FURTHER NOTICE that the, Town Board has determined that pursuant to 6 NYbRR 617.5 (c) (20),ft Proposed adoption of the aforementioned Local Law is a Typei 11 action not requir- ing env . wonmental reviewpursuant to tha- State Environmental Quality Review Ad (SEQRA) or purs6ant to Local Law No. 6 of 1992, and accordingly, no environ mental review has been undertaken. PLEASE TAKE FURTHER NOTICE that copies of thipi6posed Local LAW No. —of the Year2003 are available' for review and Inspection at the Office of the Town Clark on weekdays from 8:30 a. m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, Dated: July 7, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OFWAPPINGER Gloda.l.,Morsa, Town Clark RECE WED AUG 15 2UZ-13 TOWN CL,,,, Po Ighkeepsic 3ournal Poughkeepsie, N.Y. Affi6AVIT OF PUBLICATION NOTICE 0 PUBLIC HEAR NG TOWN OF WAPP NG R NOTICE IS HER Y IV - EN that the Town ar of the Town of Waooi car will conduct a PUBLIC ING on the 18th August, 2003, at 7:30 the Town Hall. Tc New York, at which 1 parties in interest ai zens shall have an of nity to be heard whether the Town B( the Town of Wapping adopt Local Law No Amppe�ndmggents of thge T WPLEASErTAKE FUI NOTICE that the p and intent of the prc Local Law is to ame Town Code of, the T Wappinger to clari officers of the Town e ered to enforce the Code. PLEASE TAKE FUI NOTICE that the Board has detenninc pursuant to 6 NYCRF (c) (20) the proposed tion ot the aforemer Local Law is a Type II not requiring anviron review pursuant to th view Act (SEQRA) or ant to Local Law Nc 1992 and, accordinf environmental revim been undertaken. PLEASE TAKE FUf NOTICE that copies proposed Local Law the Year 2003 are av for review and inspec the Office of the Town on weekdays from 6:; to 4:00 p.m., at the Hall, 20 Middlebush Wappingers Falls, Dated: July 7, '2003 By Order of the Town of the Town of Wap GLORIA J. MORSE Town Clerk 0290 '0 1 tt iF._1Ti �. f r, 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 NOTICE was duly published in the said newspaper °nssucesvlforweekcssiey, in each week, commencing on the 6th. day of Aug. 2003 and thereafter, namely on: the following dates And ending on the day of 2003 both days inclusive. Subscribed nnASWOM to before me this day of .2003 No blit My commission expires v,. z 08/18/2003.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on August 18, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:44 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman 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 The Supervisor asked all to join in the Pledge of Allegiance to the Flag. RECEIPT AND APPROVAL OF MINUTES: The Minutes of the Regular Meeting of June 23, 2003 and Workshop Meeting of July 7, 2003 having previously been forwarded to the Board Members, were now placed before them for their consideration. Councilman Colsey moved to accept the above stated Minutes as submitted by the Town Clerk be hereby approved. Seconded by Councilman Bettina Motion Unanimously Carried PUBLIC HEARINGS: • Amending Revised Estimate Cost and Method of Payment Wappinger Sewer Improvement Area #4. • Local Law Exempting Senior Citizen's from Dog Licensing Fees. • Local Law Amending Town Code to Clarify the Duties of the Enforcement Officers. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Colsey moved to suspend the rules for purposes of public comment on agenda items. Seconded by Councilman Bettina Motion Unanimously Carried DISCUSSIONS: • Central Hudson Chelsea Substation- Dan Wery of Frederick Clark Associates announced that this application was brought before the July Th meeting of the Town Board. There was also a Public Hearing at that time. The basic plan of Central Hudson was to expand the larger site on Route 9D and remove all the equipment from the two Chelsea substations. When questioned in regard to retaining the fencing and gravel surface that would not be in use, the Applicants 1 08/18/2003.RGM stated that they did. not wish to abandon the use, but rather continue to use the sites. Possible uses were storage of equipment and use during emergencies. As a result, the Planning Board recommended that the Applicant return to the Town Board and define the precise nature of the application and the proposed use of the two Chelsea Road sites prior to taking action on the project. Lois Phillips, Attorney for the Applicant informed the Town Board the application before them is a Special Use Permit application for the expansion of the existing public utility facility at the North Chelsea substation site. Related to that is a site plan approved for the same site. Based on the discussion the applicant had with the Planning Board, there was a misconception between the two parties on what actually was proposed. She wished to clarify this. This is an application for North Chelsea substation expansion. This property is the subject of the Special Use Permit and also subject of the Site Plan. She would like to make it clear that Central Hudson is not applying for an application with respect to the north side or south side of Chelsea Road itself. The application is strictly for the North Chelsea substation expansion. In addition, she would like to point out that there are no substantial changes to the North Chelsea plans. The Planning Board looked at this as an application for approval for all three sites, and this is not the case. The application is for the North Chelsea substation alone. John Maserjian, Engineer for the Central Hudson explained as a result of the expansion, the equipment could be retired at this point in time. The fence and gravel surface would remain. The steel frame structure would be dismantled. The Planning Board was under the impression that the fence was going to come down, all the sub -grade structures would be removed and top soil would go down and it would be seeded. Supervisor Ruggiero asked Mr. Wery why the Planning Board was under this impression. Mr. Wery explained it came from the application. In the table of contents Number 1-5, Chelsea Substation Retirement, Page No. 1 of the introduction, last line states the existing Chelsea Road North and South substations which are located in a residential area at the intersection of Route 9D and Chelsea Road will be taken out of service for the proposed upgrade. All above ground structures will be removed and disposed. The existing fence will remain in place and will prevent unauthorized entry in former substations and Central Hudson will retain ownership of the retired substation parcels. Discussion followed. Al Roberts, Attorney to the 2 08/18/2003.RGM Town informed Central Hudson they must clarify what they are going to be doing at all three sites. If any of the buildings are going to be removed and replaced with something else, it must be indicated. Councilman Valdati moved to authorize Al Roberts, Attorney to the Town to meet with Ms. Phillips, Attorney representing Central Hudson in order to discuss the scope of work involved, seconded by Councilman Paoloni and unanimously carried. • Senior Housing (cancelled) • ZBA (Executive Session) CORRESPONDENCE LOG 2003CL-269 TO 2003CL-302 (See Attached Sheets) RESOLUTION NO. 2003-197 ADOPTION OF LOCAL LAW NO.9 OF THE YEAR 2003, EXEMPTING SENIOR CITIZENS FROM TOWN DOG LICENSING FEES The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #9 of the Year 2003, Exempting Senior Citizens from Town Dog Licensing Fees" 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 August 18, 2003 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to environmental review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled "Local Law No.9 of the Year 2003, Exempting Senior Citizens from Town Dog Licensing Fees", a copy of which is attached hereto and made a part of this Resolution. 3 08/18/2003.RGM 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting Aye ROBERT VALDATI, COUNCILMAN Voting Aye VINCENT BETTINA, COUNCILMAN Voting Aye CHRISTOPHER COLSEY, COUNCILMAN Voting Aye JOSEPH PAOLONI, COUNCILMAN Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-198 ADOPTION OF LOCAL LAW NO. 10 2003 AMENDING THE TOWN CODE TO CLARIFY THE DUTIES OF THE ENFORCEMENT OFFICERS The following Resolution was introduced by Councilman Bettina and seconded by Councilman WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing Local Law entitled "Local Law #10 of The Year 2003 entitled "Enforcement Officers" 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 August 18, 2003 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to environmental review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled "Local Law #10 of The Year 2003 entitled `Enforcement Officers"', a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and 4 08/18/2003.RGM shall file the Local Law with the Secretary of State of New York as provided by law. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting Aye ROBERT VALDATI, COUNCILMAN Voting Aye VINCENT BETTINA, COUNCILMAN Voting Aye CHRISTOPHER COLSEY, COUNCILMAN Voting Aye JOSEPH PAOLONI, COUNCILMAN Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-199 RESOLUTION AWARDING CONTRACT FOR THE PURCHASE OF AN AERATOR SYSTEM FOR APPLESAUCE LANE POND The following Resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni. WHEREAS, pursuant to Resolution No. 2003-178, the advertisement for bids for the installation of aerator fountains and related appurtenances within Applesauce Lane Pond subject to the competitive bidding requirements of General Municipal Law §103 and the Town's Procurement Policy was published in the Southern Dutchess News on June 25, 2003; and WHEREAS, bids were opened on July 7, 2003 and no bids were submitted for review to Gloria J. Morse, Town Clerk of the Town of Wappinger; and WHEREAS, since no bids were received on July 7, 2003, a second advertisement for bids for the installation of aerator fountains and related appurtenances within Applesauce Lane Pond was published in the Southern Dutchess News on July 16, 2003; and WHEREAS, bids were opened on August 13, 2003 and bids were reviewed by Gloria J. Morse, Town Clerk of the Town of Wappinger; and WHEREAS, Joseph E. Paggi, Jr., P.E. of Paggi, Martin & Del Bene, Engineers to the Town of Wappinger, has provided an award recommendation to the Town Board. NOW, THEREFORE, BE IT RESOLVED, The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Contract for the installation of aerator fountains and related appurtenances within Applesauce Lane Pond is hereby awarded to Aquatic Management Services doing business at 318 Church Road, Putnam Valley, New York 10579 for the price of Fifteen Thousand Dollars ($15,000.00) in accordance with the award recommendation letter dated August 14, 2003 from Charles R. Del Bene, Jr., P.E. of Paggi, Martin & Del Bene, Engineers to the Town of Wappinger, to the Town Board. 5 08/18/2003.RGM Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting Aye ROBERT VALDATI, COUNCILMAN Voting Aye VINCENT BETTINA, COUNCILMAN Voting . Aye CHRISTOPHER COLSEY, COUNCILMAN Voting Aye JOSEPH PAOLONI, COUNCILMAN Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-200 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 FOR WAPPINGER WATER IMPROVEMENT AREA 1999-2(R) CONTRACT NO. 5 The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Engineers to the Town, Paggi, Martin & Del Bene, have approved Change Order No. 1 to Contract No. 5 for Wappinger Water Improvement Area 1999-2(R) for interim road stabilization as per letter dated August 8, 2003. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves Change Order No. 1 dated August 8, 2003 to Wappinger Water Improvement Area 1999-2( Contract No. 5 between the Town of Wappinger and Schipp Construction Co., Inc. in the amount of Fifteen Thousand, Eight hundred and Fifty Two Dollars and Fifty Cents ($15,852.50) for the reasons set forth in the letter dated August 8, 2003 from Paggi, Martin & Del Bene, LLP with costs identified in an invoice submitted by Schipp Construction Co., Inc. dated August 8, 2003 to Paggi, Martin & Del Bene, LLP, copies of which are collectively annexed hereto as Exhibit "A". The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting Aye ROBERT VALDATI, COUNCILMAN Voting Aye VINCENT BETTINA, COUNCILMAN Voting Aye CHRISTOPHER COLSEY, COUNCILMAN Voting Aye JOSEPH PAOLONI, COUNCILMAN Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-201 RESOLUTION ACCEPTING THE SECOND AMENDED MAP, PLAN & REPORT FOR THE WAPPINGER PARK WATER DISTRICT J F 08/18/2003.RGM CONNECTION TO THE WAPPINGER WATER IMPROVEMENT AREA 99-2(R) AND DETERMINING THE PROPOSED PROJECT IS EXEMPT FROM SEQRA REVIEW The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, the Town Board requested that the Engineers to the Town of Wappinger, Paggi, Martin, & Del Bene, LLP, investigate the feasibility of extending the Wappinger Park Water District and, as extended, to construct a water main to connect same to the Wappinger Water Improvement Area 1999-2® to provide a new supply of potable water; and WHEREAS, the Engineer to the Town, Joseph E. Paggi, Jr., P.E. of Paggi, Martin, & Del Bene, LLP prepared the Second Amended Map, Plan and Report for the Wappinger Park Water District connection to the Wappinger Water Improvement Area 99-2(R) dated July 30, 2003 pursuant to the request of the Town Board; and WHEREAS, the Engineer to the Town, Joseph E. Paggi, Jr., P.E. of Paggi, Martin, & Del Bene, LLP has determined that this action is a Type II action and is not subject to review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby accepts the Second Amended Map, Plan and Report for the Wappinger Park Water District connection to the Wappinger Water Improvement Area 99-2(R) and hereby determines that the extension of the Wappinger Park Water District and, as extended, the construction of a water main to connect same to the Wappinger Water Improvement Area 1999-2(R) pursuant to the Second Amended Map, Plan and Report dated July 30, 2003 is a Type II action and is not subject to review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR ROBERT VALDATI, COUNCILMAN VINCENT BETTINA, COUNCILMAN CHRISTOPHER COLSEY, COUNCILMAN JOSEPH PAOLONI, COUNCILMAN The Resolution is hereby duly declared adopted. 7 Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye 08/18/2003.RGM RESOLUTION 2003-202 RESOLUTION SETTING PUBLIC HEARING FOR ACCEPTANCE OF THE WAPPINGER PARK Councilman Bettina moved to table Resolution 2003-202 setting the Public Hearing for Acceptance of the Wappinger Park, seconded by Councilman Valdati and unanimously carried. RESOLUTION 2003-203 RESOLUTION ACCEPTING THE SECOND AMENDED MAP, PLAN & REPORT FOR THE PROPOSED WAPPINGER WATER IMPROVEMENT: 1999-2(R) AND DETERMINING THE PROPOSED PROJECT IS EXEMPT FROM SEQR REVIEW The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati. WHEREAS, the Town Board requested that the Engineers to the town of Wappinger, Paggi, Martin & DelBene, LLP investigate the feasibility of the purchase of a completed wellfield including filtration; and WHEREAS, the Engineer to the Town Joseph E. Paggi, Jr., P.E. of Paggi, Martin & DelBene, LLP prepared the Second Amended Map, Plan and Report for the proposed Wappinger Water Improvement: 1999-2(R) dated August 8, 2003 pursuant to the request of the Town Board; and WHEREAS, the Engineer to the Town Joseph E. Paggi, Jr., P.E. of Paggi, Martin & DelBene, LLP has determined that this action is a Type II action and is not subject to review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the town of Wappinger or pursuant to 6 NYCRR Part 617. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby accepts the Second Amended Map, Plan and Report for the proposed Wappinger Water Improvement: 1999- 2(R) dated August 8, 2003 and hereby determines that the purchase of the completed wellfield, including filtration, pursuant to the Second Amended Map, Plan and Report for the proposed Wappinger Water Improvement: 1999-2(R) is a Type II action and is not subject to review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting Aye F, � ROBERT VALDATI, COUNCILMAN VINCENT BETTINA, COUNCILMAN CHRISTOPHER COLSEY, COUNCILMAN JOSEPH PAOLONI, COUNCILMAN The Resolution is hereby duly declared adopted. 08/18/2003.RGM Voting Aye Voting Aye Voting Aye Voting Aye RESOLUTION N0. 2003-204 RESOLUTION SETTING PUBLIC HEARING TO AMEND THE MAP, PLAN AND REPORT FOR 99-2R TO PURCHASE DOMBER WELLS The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati. WHEREAS, by proceedings heretofore had and taken pursuant to the provision 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 Controller approving the establishment of Wappinger Water Improvement Area 1999-2(R), a water improvement area, known as Wappinger Water Improvement Area 1999-2(R) has been established in the Town of Wappinger, Dutchess County, New York; and WHEREAS, the improvements proposed for Wappinger Water Improvement Area 1999-2(R) consist of the implementation of a cost-effective method of addressing source, supply and storage problems, and were proposed to include the construction of new wells with interconnecting facilities as part of such method of addressing existing source, supply and storage problems; and WHEREAS, such wells proposed to be constructed were commonly known as the Meadowood Wells and at the time at which Wappinger Water Improvement Area 1999-2(R) was established the Meadowood Wells consisted of a partially developed well field; and WHEREAS, in partial consideration for providing the improvements for Wappinger Water Improvement Area 1999-2(R), and providing potable water to certain property owned and proposed for residential development by the owner of the Meadowood Wells, such owner of the Meadowood Wells had proposed to transfer to the Wappinger Water Improvement Area 1999-2(R) such partially developed Meadowood Wells without cost for development by Wappinger Water Improvement Area 1999-2(R); and WHEREAS, the cost allocated to the development of the Meadowood Wells in the proceedings establishing Wappinger Water Improvement Area 1999-2(R) was $453,700; and WHEREAS, subsequent to the establishment of Wappinger Water Improvement Area 1999-2(R) it was discovered that, due to the influence of 0 08/18/2003.RGM Sprout Creek, water from the Meadowood wells is not potable absent filtration; and WHEREAS, subsequent to such discovery the Town's engineer was directed to explore possible solutions to such filtration issue and reported to the Town that the cost of the development and filtration of the Meadowood Wells was significantly in excess of the $453,750 allocated for the development of the Meadowood Wells; and WHEREAS, the filtration of the Meadowood Wells would require an amendment to the original map, plan and report and new proceedings to be had and taken therefore requiring an extended period of time and expenditure; and WHEREAS, the owner of the Meadowood Wells thereupon withdrew his offer to transfer the Meadowood Wells without cost to Wappinger Water Improvement Area 1999-2(R) and, to assure timely provision of potable water to the residential subdivision such owner had proposed, such owner offered (and stated that the same was the only manner in which the Meadowood Wells would be transferred), to complete the development of the Meadowood Wells and to provide a filtration system therefore and to sell the developed Meadowood Wells and the filtration system therefore to Wappinger Water Improvement Area 1999-2(R) for $450,000, an amount less than that originally proposed as the cost for the development of the Meadowood Wells; and WHEREAS, the owner of the Meadowood Wells and the Town of Wappinger have reached an agreement for the purchase and sale of the developed Meadowood Wells and for such filtration system, subject to proceedings being favorable completed by the Town Board with respect thereto; and WHEREAS, it is now desired to call a public hearing on the aforesaid change in plan and the acquisition of the developed Meadowood Wells and the filtration system therefore; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road in Wappingers Falls, New York, in said Town, on September 8, 2003 at 7:30 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the change in plan for the construction of improvements for Wappinger Water Improvement Area 1999-2(R) of said Town as described in the preambles hereof, and to hear all persons interested in the subject matter 10 08/18/2003.RGM thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 2. The Town clerk is hereby authorized and directed to cause a copy of this order to be published once in the Southern Dutchess News and the Poughkeepsie Journal, the official newspapers of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, an said Town Clerk shall 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. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting Aye ROBERT VALDATI, COUNCILMAN Voting Aye VINCENT BETTINA, COUNCILMAN Voting Aye CHRISTOPHER COLSEY, COUNCILMAN Voting Aye JOSEPH PAOLONI, COUNCILMAN Voting Aye The order is thereupon declared duly adopted. RESOLUTION NO. 2003-206 RESOLUTION TO AUTHORIZE BIDDING FOR A NEW STREET FLUSHER TANK The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, by letter to the Town Board dated July 9, 2003, the Superintendent of Highways, Graham Foster, has requested permission to go out to bid for a water tank to replace the rusted water tank on the Highway Department's "Roscoe Flusher". 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. Graham Foster, Superintendent of Highways, is hereby authorized to prepare bid specifications for a water tank to replace the rusted water tank on the Town's "Roscoe Flusher". Upon completion of the bid specifications, Graham Foster is hereby authorized and directed to advertise same for bids as soon as possible reserving the right of the Town to reject all bids. 3. Gloria J. Morse, Town Clerk, is hereby authorized and directed to review all bids and report the bid results to the Town Board and Graham Foster for further action. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting Aye 11 08/18/2003.RGM ROBERT VALDATI, COUNCILMAN Voting Aye VINCENT BETTINA, COUNCILMAN Voting Aye CHRISTOPHER COLSEY, COUNCILMAN Voting Aye JOSEPH PAOLONI, COUNCILMAN Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-207 RESOLUTION AUTHORIZING REDUCTION IN SECURITY FOR THE LEE KNOLLS PHASE N SUBDIVISION The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, in connection with the Lee Knolls Phase IV Residential Subdivision and Lot Line Realignment, O'Donnell Builders of Dutchess, Inc. entered into a Performance Agreement secured by Letter of Credit (No. 16978) issued by Manufacturers and Traders Trust Company in favor of the Town of Wappinger in the sum o Two Hundred and Eighty -Five Thousand, Six Hundred and Fourteen Dollars ($285,61.00); and WHEREAS, O'Donnell Builders of Dutchess, Inc. has requested a reduction in the security posted pursuant to the aforementioned Performance Agreement in light of the construction performed, inspected and approved as of this July 16, 2003; and WHEREAS, Engineer to the Town, Joseph E. Paggi, Jr., P.E. has recommended by letter dated July 16, 2003 that a reduction insecurity to the sum of Eighty Thousand, Four Hundred and Fifty One Dollars ($80,451.00) is warranted in light of the substantial construction performed, inspected and approved completed by July 16, 2003, a copy of which is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorized a reduction in security with respect to the Performance Agreement secured by a Letter of Credit (No. 16978) issued by Manufacturers and Traders Trust Company in favor of the Town of Wappinger from the prior amount of Two Hundred and Eight -Five Thousand, Six Hundred and Fourteen Dollars ($285,614.00) to Eighty Thousand, Four Hundred and Fifty One Dollars ($80,451.00), which is to be reflected in a new Letter of Credit issued on behalf of O'Donnell Builders of Dutchess, Inc. in favor of the town of Wappinger pursuant to the Performance Agreement executed by O'Donnell Builders of Dutchess, Inc. The foregoing was put to a vote which resulted as follows: 12 JOSEPH RUGGIERO, SUPERVISOR ROBERT VALDATI, COUNCILMAN VINCENT BETTINA, COUNCILMAN CHRISTOPHER COLSEY, COUNCILMAN JOSEPH PAOLONI, COUNCILMAN The Resolution is hereby duly declared adopted. 08/18/2003.RGM Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye RESOLUTION NO. 2003-208 RESOLUTION NAMING A PRIVATE DRIVE TO DUCK POND DRIVE The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, Robert Winkelmann and Angela Winkelmann own real property located on a private drive off of Stoneykill Road (Tax Grid No. 6056-02- 955845); and WHEREAS, Robert Winkelmann and Angela Winkelmann have requested Mark Liebermann, Fire Inspector to the Town of Wappinger, to name their private drive "Duck Pond Drive" and WHEREAS, Mark Liebermann, Fire Inspector to the Town of Wappinger, has recommended naming the private drive "Duck Pond Drive", which private drive provides access to the parcel identified as Tax Grid No. 6056-02- 955845. 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. The Town Board hereby names the private drive which provides access to the parcel identified as Tax Grid No. 6056-02-955845 "Duck Pond Drive" in accordance with the written recommendation dated June 21, 2003 from Mark Liebermann, Fire Inspector to the Town of Wappinger, to Joseph Ruggiero, Supervisor. Mark Liebermann, Fire Inspector to the Town of Wappinger, is hereby directed to number the property along Duck Pond Drive accordingly. The Town Clerk is hereby directed to notify the Dutchess County Enhanced 911 program of said road name change. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting Aye ROBERT VALDATI, COUNCILMAN Voting Aye VINCENT BETTINA, COUNCILMAN Voting Aye CHRISTOPHER COLSEY, COUNCILMAN Voting Aye JOSEPH PAOLONI, COUNCILMAN Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-209 13 08/18/2003.RGM RESOLUTION APPROVING REQUEST FOR WAIVER FROM CENTRAL WAPPINGER WATER IMPROVEMENT AREA WATER SERVICE The following Resolution was introduced by Councilman Valdati and seconded by Colsey. WHEREAS, Oswald and Gillespie, P.C. represents the owners of a parcel identified on the Town of Wappinger Tax Map as Grid No. 19-6358-01- 144515; and WHEREAS, the subject premises are located within the Central Wappinger Water Improvement Area; and WHEREAS, the proximity of the closest water main to the subject premises does not permit practical connection to the Central Wappinger Water Improvement Area; and WHEREAS, Oswald and Gillespie, P.C., on behalf of the owners of the subject premises, have requested a waiver for any requirement to connect to the Central Wappinger Water Improvement Area; and WHEREAS, the owners of the subject premises have agreed to install an individual well in lieu of connecting to the Central Wappinger Water Improvement Area. 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 waives any and all requirements that the parcel identified on the Town of Wappinger Tax Map as Grid No. 19-6358-01- 144515, to connect the residence located on the subject premises to the Central Wappinger Water Improvement Area as long as an individual well is installed and utilized for water service to the subject premises. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting Aye ROBERT VALDATI, COUNCILMAN Voting Aye VINCENT BETTINA, COUNCILMAN Voting Aye CHRISTOPHER COLSEY, COUNCILMAN Voting Aye JOSEPH PAOLONI, COUNCILMAN Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION N0.2003-210 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE LOG The following resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. 14 08/18/2003.RGM BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and place 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 Aye CHRISTOPHER COLSEY, COUNCILMAN Voting Aye JOSEPH PAOLONI, COUNCILMAN Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-211 RESOLUTION AUTHORIZING THE SOLICITATION OF BIDS TO REPAIR THE TOWN HALL ENTRANCE CANOPY The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. WHEREAS, a Town Hall entrance canopy was constructed in 2002 which included re -roofing of a portion of the Meeting Room roof as detailed in the construction documents prepared by Cerniglia & Swartz Architects, Planners & Interior Designers, P.C. pursuant to an Agreement dated June 12, 2001 between the Town of Wappinger and Southern Dutchess Construction, Inc.; and WHEREAS, the Town Board awarded the Contract dated June 12, 2001 to Southern Dutchess Construction, Inc. as the lowest responsible bidder pursuant to the competitive bidding requirements of General Municipal Law §103; and WHEREAS, a leak in the roof was detected following the completion of the construction of the Town Hall entry canopy allowing water to enter into the Town Hall Meeting Room; and WHEREAS, President of Southern Dutchess Construction, Inc., John N. Lathrop, and Architect, Donald L. Swartz, of Cerniglia & Swartz Architects, Planners & Interior Designers, P.C. investigated the water leak to determine its cause as well as to coordinate the repair of said water leak; and WHEREAS, due diligence and observation by Architect Don Swartz has revealed that water flows on the bottom of the "J" channel resulting in saturation of the gypsum ceiling according to a letter dated July 21, 2003 from John N. Lathrop of Southern Dutchess Construction, Inc., which is attached hereto and marked as Exhibit "A" to this Resolution; and WHEREAS, John N. Lathrop, President of Southern Dutchess Construction, Inc., has provided an estimate to remove and install replacement fascia 15 08/18/2003.RGM elements including the repair and replacement of damaged gypsum ceiling and related taping and painting in the amount of Fourteen Thousand, One Hundred Dollars ($14,100.00) by letter dated July 21, 2003 which is attached hereto as Exhibit "A"; and WHEREAS, John N. Lathrop, President of Southern Dutchess Construction, Inc., has stated that the manufacturer provided an updated method of installation which was not provided prior to construction according to letter dated July 21, 2003 by John Lathrop, President of Southern Dutchess Construction, Inc. and attached hereto as Exhibit "A"; and WHEREAS, Architect Donald L. Swartz of Cerniglia & Swartz Architects, Planners & Interior Designers, P.C. has attempted to facilitate the repair of the Town Hall Entry Canopy roof with both the manufacturer and contractor at no cost to the Town based upon the theories of design and/or construction defect to no avail; and WHEREAS, the Town Board has determined that it may be required to seek a legal remedy in order to facilitate the repair of the Town Hall Entry Canopy at no additional cost to the Town; and WHEREAS, the Town Board has further determined that the anticipated time required to seek and acquire a legal remedy to complete the repair of the Town Hall Entry Canopy at no additional cost to the Town will likely take more time than is reasonable to avoid further water damage to the Town Hall Entry Canopy; and WHEREAS, the Town Board has determined that it is the best interest of the citizens of the Town of Wappinger to mitigate any further water damage to the Town Hall Entry Canopy by soliciting informal bids pursuant to the Town's Procurement Policy to complete the required work required as expeditiously as possible. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes Architect Donald L. Swartz of Cerniglia & Swartz Architects, Planners & Interior Designers, P.C. to prepare informal bids specifications in order to procure three (3) bids pursuant to the Town of Wappinger's Procurement Policy in furtherance of completing the repair of the Town Hall Entry Canopy expeditiously in order to mitigate any further water damage. 3. The Town Board further authorizes the Engineer to the Town, Joseph E. Paggi, Jr., P.E., to award the repair work to the lowest responsible bidder 16 08/18/2003.RGM as soon as practicable in order to facilitate the expeditious repair of the Town Hall Entry Canopy. 4. The Town Board also directs the Town Attorney, Albert P. Roberts, will make all reasonable efforts to secure a legal remedy that will allow the Town of Wappinger to complete the repair to the Town Hall Entry Canopy at no additional cost to the Town unless otherwise authorized by the Town Supervisor, Joseph Ruggiero. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting Aye ROBERT VALDATI, COUNCILMAN Voting Aye VINCENT BETTINA, COUNCILMAN Voting Aye CHRISTOPHER COLSEY, COUNCILMAN Voting Aye JOSEPH PAOLONI, COUNCILMAN Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-212 RESOLUTION AWARDING CONTRACT FOR EMERGENCY REPAIRS TO CARNWATH MANSION OIL TANKS The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey as amended to include the removal of the fuel tanks. WHEREAS, by Resolution No. 2003-182, the Town Board determined that a fuel emergency existed at the Carnwath Mansion with respect to the on-site 10,000 gallon UST's failure to pass a leak detection test and the Town Board ordered that immediate emergency measures be performed to remove as much fuel oil as possible from the site as well as remove any and all contaminated soil and materials so as to preclude and/or mitigate any potential violations of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations associated with a UST failing a leak detection test; and WHEREAS, various Town officers and professionals were directed to take whatever steps are needed and to coordinate whatever repair work was required to (1) remove all fuel within the 10,000 gallon UST as well as any and all contaminated soil and materials, including related remediation, (2) test the 3,000 gallon fuel tank partially buried within the basement of Carnwath Mansion, and (3) provide heat and hot water to the residents of Carnwath Mansion in the interim by temporarily installing a 275 gallon aboveground fuel oil tank, all in order to preclude and/or mitigate any potential violation(s) of the New York State Environmental Conservation Law, Navigation Law and related rules and regulations; and 17 08/18/2003.RGM WHEREAS, Eric Fellenzer of Fellenzer Engineering, Engineer to the Town of Wappinger, solicited bids for the aforementioned work; and WHEREAS, bids were opened on August 13, 2003 and reviewed by Sandra Kosakowski, Deputy Town Clerk of the Town of Wappinger; and WHEREAS, Eric Fellenzer of Fellenzer Engineering, Engineers to the Town of Wappinger, have provided an award recommendation to the Town Board; and 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 Contract for immediate emergency measures be performed to remove as much fuel oil as possible from the site as well as remove any and all contaminated soil and materials from Carnwath Mansion is hereby awarded to L & O Mechanical doing business at 768 Brooks Avenue, Rochester, New York for the price of $99,800 in accordance with the award recommendation letter dated 8/13/03 from Eric Fellenzer of Fellenzer Engineering, Engineers to the Town of Wappinger, to the Town Board. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract and/or Purchase Order on behalf of the Town of Wappinger in accordance with the above. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting Aye ROBERT VALDATI, COUNCILMAN Voting Aye VINCENT BETTINA, COUNCILMAN Voting Aye CHRISTOPHER COLSEY, COUNCILMAN Voting Aye JOSEPH PAOLONI, COUNCILMAN Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-213 RESOLUTION AMENDING SEWER IMPROVEMENT NO. 4. REVISED ESTIMATE COST AND METHOD OF PAYMENT & AWARD BID (PUBLIC INTEREST ORDER) The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, on May 28, 1996, caused Sewer Improvement Area No. 4 of the Town of Wappinger to be created, and authorized the making of certain improvements therefore; WHEREAS, said improvements are as described in a map, plan and report, including an estimate of cost, duly prepared by Paggi, Martin & DelBene, LLP, competent engineers duly licensed by the State of New York, which has In 08/18/2003.RGM been prepared in such detail and in such manner as are acceptable to the Town Board.; WHEREAS, said improvements include the construction of collector lines, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, as more fully shown in the aforesaid map, plan and report and estimate of cost on file in the office of the Town Clerk, which is available for inspection by any person or person interested in same during regular office hours at said office; and WHEREAS, said capital improvements as originally proposed in connection with the establishment of Sewer Improvement Area No. 4 of the town of Wappinger had maximum estimated cost of $403,000, and said improvements were determined to be in the public interest by an order dated May 28, 1996; and WHEREAS, it has since been determined, based on further examination and estimation, that the estimated maximum cost has increased to $501,000, an increase of $98,000; and WHEREAS, said additional estimated cost shall be paid from moneys available therefore; and WHEREAS, at a meeting of said Town Board duly called and held on July 7, 2003, an order was duly adopted by it an entered in the minutes specifying that the said Town Board would meet to consider the increase in Cost of the Sewer Improvements in Sewer Improvement Area No. 4 in said Town at a maximum estimated cost of $501,000 and hear all persons interested in the subject thereof concerning the same at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said town, on August 18, 2003, at 7:30 o'clock P.M., Prevailing Time; and WHEREAS, said order duly certified by the Town Clerk was duly published and posted as required by law, to -wit: a duly certified copy thereof was published in the official news paper of this Town on August 6, 2003, and a copy of such order was posted on August 1, 2003, on the signboard maintained by the Town Clerk of the Town of Wappinger, pursuant to Section 30, subdivision 6 of the Town Law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is herby found and determined that it is in the public interest increase the 19 08/18/2003.RGM maximum cost of the Sewer Improvements in Sewer Improvement Area No. 4 of the Town of Wappinger, Dutchess County, New York, from $403,000 to $501,000, an increase of $98,000, such additional cost to be paid from moneys available therefore. Section 2. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR ROBERT VALDATI, COUNCILMAN VINCENT BETTINA, COUNCILMAN CHRISTOPHER COLSEY, COUNCILMAN JOSEPH PAOLONI, COUNCILMAN The Resolution is hereby duly declared adopted. Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye RESOLUTION NO. 2003-214 RESOLUTION ACCEPTING THE FIRST AMENDED MAP, PLAN & REPORT FOR THE FLEETWOOD WATER DISTRICT (EXTENSION 1) AND DETERMINING THE PROPOSED PROJECT IS EXEMPT FROM SEQRA REVIEW Councilman Paoloni moved to table the Resolution No. 2003-214 Accepting the First Amended Map, Plan & Report for the Fleetwood Water District (Extension 1) and Determining the Proposed Project is Exempt from SEQR Review, seconded by Councilman Bettina and unanimously carried. RESOLUTION NO. 2003-215 RESOLUTION AUTHORIZING BUDGET AMENDMENTS The following resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Comptroller to the Town Gerald A. Terwilliger, has recommended certain budget transfers hereby amending the Town budget as set forth in a letter dated August 14, 2003 from Gerald A. Terwilliger, Comptroller, to Supervisor and Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2003: General Fund -Part Town Budget Amendment Increase A1440.400 Increase A1670.400 Increase A1620.460 Increase A3005 Engineer Printing & Mailing Heating Oil Mortgage Tax 20 $15,000.00 6,000.00 6,000.00 27,000.00 08/18/2003.RGM (To amend budget for due diligence for Community Center project approved by Town Board, to increase printing and mailing to covet -additional mailing, and increased cost of heating oil). Voting Aye The foregoing was put to a vote which resulted as follows: Voting JOSEPH RUGGIERO, SUPERVISOR Voting Aye ROBERT VALDATI, COUNCILMAN Voting Aye VINCENT BETTINA, COUNCILMAN Voting Aye CHRISTOPHER COLSEY, COUNCILMAN Voting Aye JOSEPH PAOLONI, COUNCILMAN Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-216 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR LEE KNOLLS SECTION 1 SUBDIVISION The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati. WHEREAS, Mr. Paul Hunt has previously posted Three hundred ninety one dollars and sixty cents ($391.60) in connection with work to be done on Lee Knolls account No. 01.5040 on Ketchamtown Road; and WHEREAS, Mr. Paul Hunt has requested the return of the aforementioned escrow balance by letter dated August 7, 2003 addressed to Supervisor Joseph Ruggiero. 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. That payment is approved in the amount of Three hundred ninety one dollars and sixty cents ($391.61) made payable to Mr. Paul Hunt 11 July Lane, Fishkill NY 12524 in connection with, Lee Knolls Subdivision account No. 01-5040 on Ketchamtown Road. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting Aye ROBERT VALDATI, COUNCILMAN Voting Aye VINCENT BETTINA, COUNCILMAN Voting Aye CHRISTOPHER COLSEY, COUNCILMAN Voting Aye JOSEPH PAOLONI, COUNCILMAN Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS: Councilman Valdati in regard to the ongoing problem with Inter -City Tire located on Route 9. They had an appearance ticket date that was adjourned to September 9th. He received a very comprehensive letter from the Zoning Administrator and a letter has been sent to the residents in that area that had raised questions. He is requesting a copy of the letter from the Zoning 21 08/18/2003.RGM administrator with a cover letter from the Town Board be sent to the residents to let them know that the Town is taking action on that matter. Also, the Greer Toyota site has been identified as a site that has been contaminated over the years. We have received publication from the NYSDEC that Remedial Action will begin at Greer Toyota Site. He would like the residents in Wappinger Park to receive this document with a cover letter in regard to this problem. Councilman Bettina announced that it was brought to his attention by one of his constituents that Chelsea residents are paying taxes in the Library system in the Beacon School District and also taxes on the Library in Wappingers. His constituent informed him that the Town of Fishkill exempted residents of the Town of Fishkill by asking them which district they wished to choose, Wappinger or Beacon. Al Roberts, Attorney to the Town said if it's the school library its two jurisdictional issues. The school district has the right to levy taxes for Library purposes which are different than the Town. Mr. Roberts said he would research this further and get back to him. At this time, 8:31 p.m., Councilman Bettina moved to go into Executive Session to discuss Personnel, seconded by Councilman Colsey and unanimously carried. The meeting reconvened at 8:50 p.m. with all Board members in attendance. There was no action taken in the Executive Session. Councilman Colsey moved to close the meeting seconded by Councilman Bettina and unanimously carried. The meeting adjourned at 8:51 p.m. Gloria J. Morse Town Clerk 22 Town Board Correspondence Log Document # To From Date Received Re Agenda 2003CL - 0276 Joseph Ruggiero, Supervi NYSDOH and Environm 6/26/03 7/14/03 Drinking Water State Revolving Fund 8/18/2003 2003CL - 0269 Dutchess County Health Peter Paggi 7/11/03 7/14/03 Property Line Re -Alignment Lands of Kablaoui an 8/18/2003 2003CL - 0283 Joseph Paggi Cheryl Marcri 6/27/03 7/07/03 Cider Mill Loop Water Tank 8/18/2003 2003CL - 0282 Chazen Companies Joseph E. Paggi, Jr. P.E. 7/02/03 7/07/03 Meadwood Water Plant 8/18/2003 2003CL - 0281 Town Board Karl Seebruch, Building 7/09/03 7/09/03 Building inspector's Report for the month of June 8/18/2003 2003CL - 0280 Joseph Ruggiero, Supervi Thomas R Davis, Esq 7/7/03 7/08/03 People v. Richard Simpson 8/18/2003 2003CL - 0279 Gerald Terwilliger Joseph E. Stankavage 7/03/03 7/08/03 Wappinger Water Improvement Contract 992R 8/18/2003 2003CL - 0285 Town Hall Alan G. Hevesi, Comptrol 7/'1/03 7/07/03 New York State State & Local Employees Retire 8/18/2003 2003CL - 0277 Clinton Kershaw Mr. Roo Mike Tremper 7/8/03 7/14/03 Emergency Markout, Ticket 13 Martin Drive 8/18/2003 2003CL - 0286 Town Board CAC 7/03 7/14/03 News Letter Speaking for Conservation 8/18/2003 2003CL - 0275 Bernadette Castro,Comm Sen.Charles Schumer 7/7/03 7/14/03 Historic Preservation Grant 2003 8/18/2003 2003CL - 0274 Jim Herring Mike Tremper 7/8/03 7/14/03 Emergency Maskout, Ticket 35 Ditch Hill Road, 8/18/2003 2003CL - 0273 Bernadette Castro, Comm Congresswoman Sue Kell 6/6/03 6/6/03 Historic Preservation Grant 8/18/2003 2003CL - 0272 Joseph RuggieroL Supery Donald E. Card 7/9/03 7/14/03 Base Proportion Table 8/18/2003 2003CL - 0271 P.F. Beal & Sons, Inc. Peter Paggi 7/11/03 7/14/03 Airport Drive Recreation Site Proposed Well Instal 8/18/2003 2003CL - 0270 Pisano Mills and Isgard, Albert Roberts 7/11/03 7/14/03 Wappinger Water Improvement Area 1999-2R 8/18/2003 2003CL - 0278 Joseph Ruggiero, Supervi Mike Tremper, CAMO P 7/3/03 7/8/03 12 Martin Drive Water Main Hit by Contractor 8/18/2003 Friday, August 15, 2003 rugs vi Document # To From Date Received Re Agenda 2003CL - 0293 Russ Bentzen, Schipp Cc Joseph E. Stankavage 6/16/03 .6/19/03 Proposed Wappinger Water Improvement Contract 8/18/2003 2003CL - 0301 Russell C. Berdun Joseph E. Stankavage , 6/23103 6/27/03 Wappinger Water Improvement 1999R 8/18/2003 2003CL - 0300 Joseph Ruggiero, Supervi Mike Tramper 6/24/03 6/27/03 Flushing Fire Hydrants, Wapp. Park 8/18/2003 2003CL - 0299 Joseph Ruggiero, Supervi Charles R. Del Bene 6/25/03 6/27/03 Wappinger Sewer Improvement Area No. 4 8/18/2003 2003CL - 0298 Town Board aid Joseph Tatiana Lukianoff 7/1/03 7/14/03 Zoning Course 8/18/2003 2003CL - 0297 Erik Allagauer Joseph E. Stankavage 6/18/03 6/24/03 Martz Field Roo. Park/ Proposed Modular Play gro 8/18/2003 2003CL - 0296 Albert Roberts, ESQ. Charles R. Del Bene 6/18/03 6/24/03 Wappinger Water Improvements 99-2R 8/18/2003 2003CL - 0284 Ronald Friedman, ESQ. Susan Dao, D. Zoning Ad 7/1/03 7/07/03 William and Tracey Cole 8/18/2003 2003CL - 0294 Erik Allgauer, Sun Up En Joseph E. Stankavage 6/18/03 6/19/03 Martz Field Recreation Park/Proposed Modular PI 8/18/2003 2003CL - 0302 Town of Wappinger Tanya Reinhard, Sr. Publi 6/23/03 6/27/03 Kent Road, Pippen Lane & Russet Lace Pump Stat 8/18/2003 2003CL - 0292 Joseph Ruggiero, Town S Charles R. Del Bene, 6/16/03 6/19/03 Wappinger Water Improvements 99 2R 8/18/1003 2003CL - 0291 Cmham Foster, Highway Thomas C. Kiernan 6/25/03 6/27/03 Accident Report 8/18/2003 2003CL - 0290 Councilman Christopher Susan Dao, D. Zoning Ad 7/07/03 7/08/03 Complaint Re: Christopher and Donna Hunt 7 Alp 8/18/2003 2003CL - 0289 Town Board and Supervis Carl Wolfson, Town Justi 6/3/03 7/08/03 Town Justice Report for May 8/18/2003 2003CL - 0288 Town Board and Supervis Carl Wolfson, Town Justi 7/08/03 7/08/03 Town Justice Repot for June 8/18/2003 2003CL - 0287 Town of Wapp. Planning Peter J. Paggi 7/03/03 7/08/03 Properlyy Line Re -Alignment Lands of Kablaoui 8/18/2003 2003CL - 0295 Mr. Richard Kukosky, Cl Jay Renfro 6/23/03 6/24/03 Requested Items 8/18/2003 Friday, August 15, 2003 Lima. (..,. (.�. Page 2 of 2 Page 2 oft Friday, August 15, 2003 Document # To From Date Received Re Agenda 2003CL - 0293 Russ Bentzen, Schipp Co Joseph E. Stankavage 6/16/03 6/19/03 Proposed Wappinger Water Improvement Contract 8/18/2003 2003CL - 0301 Russell C. Bentzen Joseph E. Stankavage 6/23/03 6/27/03�p1O Wappinger Water vement 1999R 8/18/2003 2003CL - 0300 Joseph Ruggiero, Supervi Mike Tremper 6/24/03 6/27/03 Flushing Fire Hydrants, Wapp. Park 8/18/2003 2003CL - 0299 Joseph Ruggiero, Supervi Charles R Del Bene 6/25/03 6/27/03 Wappinger Sewer Improvement Area No. 4 8/18/2003 2003CL - 0298 Town Board and Joseph Tatiana Lukianoff 7/1/03 7/14103 Zoning Course 8/18/2003 2003CL - 0297 Erik Allagauer Joseph E. Stankavage 6/18/03 6/24/03 Martz Field Rec. Park/ Proposed Modular Play gm 8/18/2003 2003CL - 0296 Albert Roberts, ESQ. Charles R Del Bene 6118/03 6/24/03 Wappinger Water Improvements 99-2R 8/18/2003 2003CL - 0284 Ronald Friedman, ESQ. Susan Da, D. Zoning Ad Dao, 7/1/03 7/07/03 William and Tracey Cole 8/18/2003 6/19/03 Manz Field Recreation Park/proposed Modular Pl 8/18/2003 2003CL - 0294 Erik Allgauer, Sun Up En Joseph E. Stankavage 6/18/03 2003CL - 0302 Town of Wappinger Tanya Reinhard, Sr. Pubo 6/23/03 6/27103 Kent Road, Pippen Lane & Russet Lane Pump Stat 8/18/2003 2003CL - 0292 Joseph Ruggiero, Town S Charles R Bene, 6/16/03 6/19/03 Water improvements 99 211 WappingerDel 8/18/2003 2003CL - 0291 Graham Foster, Highway Thomas C. Kiernan 6/25/03 6/27/03 Accident Report 8/18/2003 2003CL - 0290 Councilman Christopher Susan Dao, D. Zoning Ad 7/07/03 7/08/03 Complaint Re: Christopher and Donna Hunt 7 Alp 8/18/2003 2003CL - 0289 Town Board and Supervis Carl Wolfson, Town Justi 6/3/03 7/08/03 Town Justice for May Report y 8/18/2003 2003CL-0288 Town Board and Supervis Carl Wolfson, Town Justi 7/08/03 7/08/03 Town Justice Report for June 8/18/2003 2003CL-0287 Town of Wapp. Planning Peter J. Paggi 7/03/03 7/08/03 Propertyy Line Re -Alignment Lands ofKablaoui 8/18/2003 2003CL-0295 Mr. Richard Kukosky, Cl Jay Renfro 6/23/03 6/24/03 Requested Items 8/18/2003 Page 2 oft Friday, August 15, 2003 Town Board Correspondence Log Document # To From Date Received Re Agenda 2003CL - 0276 Joseph Ruggiero, Supervi NYSDOH and Enviromn 6/26/03 7/14/03 Drinking Water State Revolving Fund 8/18/2003 2003CL - 0269 Dutchess County Health Peter Paggi 7/11/03 7/14/03 Property Line Re -Alignment Lands of Kablaoui an 8/18/2003 2003CL - 0283 Joseph Paggi Cheryl Marcri 6/27/03 7/07/03 Cider Mill Loop Water Tank 8/18/2003 2003CL- 0282 Chazen Companies Joseph E. Paggi, Jr. P.E. 7/02/03 7/07/03 Meadwood Water Plant 8/18/2003 2003CL - 0281 Town Board Karl Seebruch, Building 7/09/03 7/09/03 Building Inspector's Report for the month of June 8/18/2003 2003CL- 0280 Joseph Ruggiero, Supervi Thomas R. Davis, Esq 7/7/03 7/08/03 People v. Richard Simpson 8/18/2003 2003CL - 0279 Gerald Terwilliger Joseph E. Stankavage 7/03/03 7/08/03 Wappinger Water improvement Contract 992R 8/18/2003 2003CL - 0285 Town Hall Alan G. HevesL Comptrol 7/7/03 7/07/03 New York State State & Local Employees Retire 8/18/2003 2003CL - 0277 Clinton Kershaw Mr. Roo Mike Tremper 7/8/03 7/14/03 Emergency Markout, Ticket 13 Martin Drive 8/18/2003 2003CL - 0286 Town Board CAC 7/03 7/14/03 News Letter Speaking for Conservation 8/18/2003 2003CL - 0275 Bemadede Castro,Comm. Sen.Charles Schumer 7/7/03 7/14/03 Historic Preservation Grant 2003 8/18/2003 2003CL - 0274 Jim Herring Mike Tramper 7/8/03 7/14/03 Emergency Markout, Ticket 35 Ditch Hill Road, 8/18/2003 2003CL - 0273 Bernadette Castro, Comm Congresswoman Sue Kell 6/6/03 6/6/03 Historic Preservation Grant 8/18/2003 2003CL - 0272 Joseph RuggieroL Supery Donald E. Card 7/9/03 7/14/03 Base Proportion Table 8/18/2003 2003CL - 0271 P.F. Beal & Sons, Inc. Peter Paggi 7/11/03 7/14/03 Airport Drive Recreation Site Proposed Well Instal 8/18/2003 2003CL - 0270 Pisano Mills and Isgard, Albert Roberts 7/11/03 7/14/03 Wappinger Water Improvement Area 1999-2R 8/18/2003 2003CL - 0278 Joseph Ruggiero, Supervi Mike Tremper, CAMO P 7/3/03 7/8/03 12 Martin Drive Water Main Hit by Contractor 8/18/2003 Friday, August 15, 2003 rage t or i f Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to rile 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. gy MY of Town --------------------------------- -------------------- *W Local Law No. -------- #_9-------------------------- of the year 20-.01 A local law __entitled_ "Local_Law No_ -#9 _of the__ Year 2003, -Exempting Senior (1—err Tide) - - ----------------- __G1]<�€n_-From_Town_Dog Licensing Fees"_ -------------------------------------------- ------------------------------------------------------------------------------- Be It enacted by the ---------- T_4 _ a4x----------------------------------=--------------------------- of the (!Jame cfL<Xirtctirve Body) . Ut* of---- Wapping-er---------------------- Town TEXT COMMENCES ON NEXT PAGE as follows: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11;99) �1) LOCAL LAW NO. #9 OF THE YEAR 2003 A Local Law entitled "Local Law No. j9 of the Year 2003, Exempting Senior Citizens from Town Dog Licensing Fees". 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. #9 of the Year 2003, Exempting Senior Citizens from Town Dog Licensing Fees", which will authorize a Town dog licensing fee exemption to dog owners aged sixty-five (65) or over, as set forth below. Section II: Legislative Intent: It has come to the attention of the Town Board of the Town of Wappinger that the New York State Legislature, pursuant to Section 110 (4)(b) of the Agriculture and Markets Law, authorizes municipalities to exempt dog owners who are aged sixty-five (65) years or over from the payment of additional dog licensing fees set by any Town pursuant to Local Law. The Town Board has determined that it is appropriate to amend the Local Law No. 7 of the Year 1978 in order to implement the Town dog licensing fee exemption authorized by the New York State Legislature for those dog owners who are aged sixty-five (65) years or over from the payment of such additional Town dog licensing fees, Accordingly, it has been determined that to the extent that dog licensing fee relief is authorized by the New York State Legislature for senior citizens among the Town of Wappinger and best served by providing such additional relief. The Local Law No. 7 of the Year 1978 shall be amended by the provisions of this Local Law. O:\WAPPINGE\To%vn Board\LOCAL LAW\DogUcense\Law 2003.doc July 3, 1003 Section III: Section 2 of the Local Law No. 7 of the Year 1978 is hereby amended to read as follows: "Section 2. A. Commencing on the effective date of this Local Law, license fees for dogs, in addition to other statutory charges, is hereby set as follows: a. $4.50 for a spay or neutered dog; b. $9.50 for an unspayed or unneutered dog, not including a $3 fee for New York State anti -animal population control. B. Senior Citizen dog owners, who are sixty-five years of age or older, shall be exempt from the payment of all additional Town dog licensing fees notwithstanding the mandatory statutory fees enumerated in Sections 110(1) and 110(2) of the Agriculture and Markets Law." Section IV: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. o:\WAPPINGE\Town Board\LOCAL LAW\DogLicense\L.aw 2003.doc July 3, 2003 (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._____��9___________________________ of 20-91- of the (iti>ii�l`)(Town)() of--1i�Rgex------------------------------------ ---------------------------------------------- was duly passed by the ---------ewfl--Board----------------------- on -Aug---IR,---- 20 -Q3-, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20-_—__ of the (Count y)(City)(Town)(Village) of ________________________ _ ______ _ ----------------------- was duly passed by the ----------------------------------------------- on ------------------ __ , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the________________________________ _________________ and was deemed duly adopted on ------------------ 20:_=_, (Elective Chief Executive officer?) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________ -------- of 20 ----- of the (Couniv)(Citv)(Town)(Village) of _______________ ____ __ _________' _____-_____(_pP-__----_-_-__- was duly -passed by the --------------------------------------------------- --- )(approved)(repassed on __________________ 2Q_ and was (approved)(not notafter:` (Name ojLegirlative 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 (genera l)(special)(annual) election held on _____________ 20L___ , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20 ------ of the (County)(City)(Town)(Village) of ----------------- _-----------------------------------------------was duly passed by the --------------------------------------------------- on ------------------ 20----, and was (approved)(not approved)(repassed after (Name aflegisfativz Body) disapproval) by the -------------------------------------------------- ---------- on ________ 20 -__ , Such local law was subject to (Elective Chief Executive Officer-) l Permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20L___ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2), 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20-_____ of the City of _____________________________________________ having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on___________________ 20____, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20______ of the County of -------------- _------------------------------------- State of New York, having been submitted to the electors at the General Election of November ______________________ 20____ , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding -local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ----- 1_------- above. (Seal) Clerk of the County legislative or officer designated by local L GLORIA J. MOPE 3 Date: ' Town or V'lttage Clerk Clerk (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTYOF Thitrhess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Albert.P. Roberts — Attorney to the Town QaQ* QIP of Wappinger Town VANP Date: (3) 6S L L ocal 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. ralffi 04 of ..........Town Local Law No. -------------- 1.10 __-_-__ of the year 20. 03 _ A local law _____entitlesi'_'I�Q�alLaw _ #10 of the, Year 2003 entitled "Enforcement ------------------------------------------ Officers" -------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------- ------------------------------------------------------------------------------- Be It enacted by the ----------- ________ TOWN BOARD___-- ________________________ of the ---------------------------------- (t* of --- Wa2pinger-------- VWW -------------------------------------------------------- as follows: TEXT COMMENCES ON THE NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11;'99) (1) LOCAL LAW NO._,,,,— O.'OF THE YEAR 2003 TOWN OF WAPPINGER A Local Law entitled "Local Law No. 41,OL of the Year 2003, entitled `Enforcement Officers'." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger Local Law No. -#4-0 of the Year 2003 entitled "Enforcement Officers" and by the adoption hereof shall establish a new Chapter 115 of the Town Code and amend various sections of the Town Code to clarify the officers of the Town empowered to enforce the Town Code. Section II: Legislative Intent and Purpose. The legislative intent and purpose of the Town Board is to clarify the officers of the Town empowered to enforce the Town Code. Section III: The Town hereby adopts Town of Wappinger Local Law No# 10 of the Year 2003 entitled "Enforcement Officers" and hereby establishes a new Chapter 115 of the Town Code as follows: "CHAPTER 115, ARTICLE 1 "ENFORCEMENT OFFICERS" 115-1 The Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector and the Deputy Fire Inspector are hereby authorized by the Town of Wappinger to enforce the following chapters of the Town Code in addition to those Town officials currently enumerated therein: 0AWA11PINGE\Town Board\LOCAL LAW\ZoningAmendments\-1003\Law.doc July 3. 2003 1 L 1. Chapter 64 "Alcoholic Beverages"; 2. Chapter 69 "Removal of Canine Waste"; 3. Chapter 71 "Assemblies, Mass Public"; 4. Chapter 80 "Blasting"; 5. Chapter 85 "Building Construction and Fire Prevention"; 6. Chapter 89 "Buildings, Numbering of'; 7. Chapter 93 "Building, Unsafe"; 8. Chapter 101 "Condominiums"; 9. Chapter 114 "Electrical Standards"; 10. Chapter 126 "Firearms"; 11. Chapter 127 "Fires"; 12. Chapter 133 "Flood Damage Prevention"; 13. Chapter 137 "Freshwater Wetlands"; 14. Chapter 143 "Garage and Yard Sales"; 15. Chapter 145 "Go Carts"; 16. Chapter 153 "Junkyards"; 17. Chapter 166 "Noise"; 18. Chapter 171 "Parks and Recreation"; 19. Chapter 175 "Peddling and Soliciting"; 20. Chapter 180 "Property, Municipal'; 21. Chapter 192 "Service Pipes, Sewer and Water"; 22. Chapter 196 "Sewers" 23. Chapter 200 "Signs"; 0AWAPPINGE\Town Board\LOCAL LAW\ZoningAmendments\2003\ aw.doc July 3, 2003 24. Chapter 206 "Soil Erosion and Sediment Control"; 25. Chapter 210 "Solid Waste"; 26. Chapter 214 "Streets and Sidewalks"; 27. Chapter 225 "Timber Harvesting"; 28. Chapter 230 "Vehicles and Traffic"; 29. Chapter 234 "Water"; 30. Chapter 240 "Zoning"; and 31. Chapter 241 "Zoning, Continued". 115-2. Enforcement includes, but is not limited to, the issuance of Orders to Remedy, Orders to Cease and Desist, Appearance Tickets, informations and complaints. Section IV: Amendments to the Code. The following provisions of the Code are also amended: 1. Section 24-2 (a) is hereby amended to read as follows: "The Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector and the Deputy Fire Inspector, or their designated representatives shall conduct periodic inspections of any premises within the Town of Wappinger to ascertain compliance with the provisions of the New York State Uniform Fire Prevention and Building Code. Such inspections may be made at any reasonable time." 2. Section 24-2 (b) is hereby amended to read as follows: "If consent to make an inspection is refused' or cannot be obtained, the . Bureau, the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector and the Deputy Fire Inspector may apply for a warrant to make an inspection to any Court with competent jurisdiction." 3. Section 24-4 is hereby amended to read as follows: "Whenever the Bureau, the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the 0AWAPPINGE\Town Board\LOCAL LAW\ZoningAmendments\2003\ aw.doc July 3, 2003 Fire Inspector or the Deputy Fire Inspector finds that there has been a violation of the New York State Uniform Fire Prevention and Building Code or this Chapter, a Violation Order shall be issued to the person or persons responsible." 4. Section 24-4 (f) is hereby amended to read as follows: "Whenever the Bureau, the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector or the Deputy Fire Inspector, at any stage of the proceedings instituted under the provisions of this Chapter, finds that a violation exists, which in his/her opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, he/she may, without prior notice or hearing, issue an Order citing the violation and directing such action to be taken as is necessary to remove or abate the hazard or danger. Notwithstanding any of the provisions of this Chapter, such order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided." 5. Section 24-5 (c) is hereby deleted. 6. Section 24-7 (b) is hereby amended to read as follows: "The Town of Wappinger, its agents, its servants or its employees, including but not limited to the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector, and Fire Districts, including their chiefs and assistants, shall not be held liable should fire or other damage occur after they have may an inspection or issued a permit under the provisions of this Chapter." 7. Section 64-8 entitled "Enforcement" is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 8. Section 69-5 is hereby amended to read as follows: "This Chapter will be enforced by the Animal Control Officer, the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 0AWAPPINGE\Town Board\LOCAL LAW\ZoningAmendments\2003\ aw.doc July 3, 2003 9. Section 71-11 entitled "Enforcement" is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 10. Section 80-11 entitled "Enforcement' is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." j 11. Section 89-5 entitled is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 12. Section 93-14 entitled ` follows: "This Chapter will be Inspector, the Deputy Fire Inspector and any of Wappinger." 13. Section 101-6 entitled is hereby created to read as ;d by the Zoning Administrator, the Building .g Inspector, the Fire Inspector, the Deputy agency having jurisdiction within the Town is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy. Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 14. Section 114-10 entitled "Enforcement' is hereby created to read as follows: "This Chapter will be enforc d by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy i 0:\WAPPINGE\Town Board\LOCAL LAW\Zonin&kmendments�003\Law.doc July 3, 2003 Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 15. Section 126-3 entitled "Enforcement' is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 16. Section 127-8 entitled "Enforcement" is hereby amended to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 17. Section 133-21 entitled "Enforcement" is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 18. Section 137-19 entitled "Enforcement' is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 19. Section 143-10 (A) entitled "Enforcement; penalties for offenses" is hereby amended to read as follows: "A. This Chapter shall be enforced by the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector, and any police agency having jurisdiction within the Town of Wappinger or any other persons who were authorized by Resolution of the Town Board." O:\WAPPINGE\Town Board\LOCAL L4LW\Zonine4mendments\2003\Law.doc July 3, 2003 20. Section 145-7 entitled "Enforcement" is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 21. Section 153-6 (h) is hereby amended to read as follows: "This Chapter will be enforced by any police agency having jurisdiction within the Town, the Town Constable, the Town Clerk, the Town Board, the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector and the Deputy Fire Inspector who shall also be granted access to the area of activity or business of the licensee at all reasonable hours to inspect the same for compliance herewith." 22. Section 166-4 entitled "Enforcement" is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 23. Section 171-7 entitled "Enforcement" is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 24. Section 175-13 entitled "Enforcement" is hereby amended to read as follows: "The Town of Wappinger Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector and the Deputy Fire Inspector, any police officer or peace officer, as defined in the New York State Criminal Procedure Law, shall enforce the provisions of this Chapter." 25. Section 180-4 entitled "Enforcement" is hereby created to read as follows: 0:\WAPPINGE\Town Board\LOCAL LAW\ZoningAmendments\2003\Law.doc July 3, 2003 "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 26. Section 192-5 entitled "Enforcement" is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 27. Section 196-2(D) entitled "Enforcement" is hereby created to read as follows: "This Chapter will be enforced by the Superintendent of Highways and any police agency having jurisdiction within the Town of Wappinger." 28. Section 200-4 entitled "Enforcement" is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 29. Section 206-16 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person, firm or corporation who violates, neglects, omits, or refuses to comply with any provision of this chapter or any permit or exception granted hereunder or any lawful requirement of the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector and the Deputy Fire Inspector shall be guilty of a violation and shall be punishable by a fine of not more than Two Hundred and Fifty Dollars ($250.00) or imprisoned for not more the Fifteen (15) days, or both. To promote compliance with the provisions of this Chapter, each day that a violation continues, following notification, shall be deemed a separate offense. The imposition of any fine shall not exempt the offender from further compliance with the provisions of this Chapter." 30. Section 21.0-10(C) entitled "Enforcement" is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy 0AWAPPINGE\Town Board\LOCAL LAW\Zoning4mendments\7003\Law.doc July 3, 2003 Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 31. Section 214-79(Article VI) "Enforcement" is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 32. Section 225-5 is hereby amended to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger. Said officers shall be authorized and have the right in the performance of duties to enter upon any property proposed to be harvested, in the process of being harvested or in the process of being reclaimed after harvesting to make such inspections as are necessary to determine satisfactory compliance with the provisions of this chapter. Such entrance and inspection shall be initiated at reasonable times and in emergencies whenever necessary to protect the public interest. Owners, agents or operators on a property being harvested shall be responsible for allowing access to all parts of the premises within their control to the enforcement officer or his inspectors, acting in accordance with the requirements of this provision. It shall be the duty of the enforcement officers to investigate all complaints made under this chapter and to take appropriate legal action on all violations of this chapter." 33. 230-29 (a) is hereby amended to read as follows: "Any police officer or peace officer as defined in the New York State Criminal Procedure Law, the Zoning Administrator, the Deputy Zoning Administrator, the Superintendent of Highways, Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector or Town Constable of the Town of Wappinger or their designees may cause a vehicle to be removed when any such vehicle is..." 34. Section 230-30 is hereby amended to read as follows: "In addition to the authority to remove and store vehicles as set forth in Section 230-29 above, the Dutchess County Sheriff, any police officer or peace officer as defined in the Criminal Procedure Law, the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire 0AWAPPINGEUmn Board\LOCAL LAW\ZoningAmendments\1.003\Law.doc July 3, 2003 Inspector, the Superintendent of Highways, and Town Constable of the Town of Wappinger or their designee shall be authorized and empowered to issue or cause to be issued an Appearance Ticket for a violation of any of the provisions of this Chapter, returnable in the Justice Court of the Town of Wappinger, or any other Court of competent jurisdiction." 35. Section 230-32 (a) is hereby amended to read as follows: "The Dutchess County Sheriff, any police officer or peace officer as defined in the New York State Criminal Procedure Law, the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector, the Superintendent of Highways and Town Constable of the Town of Wappinger or their designees may cause a vehicle to be removed when any such vehicle is ..." 36. Section 230-33 is hereby amended to read as follows: "In addition to the authority to remove and store vehicles set forth in Section 230-32 above, the Dutchess County Sheriff, any police officer or peace officer as defined in the New York State Criminal Procedure Law, the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector, the Superintendent of Highways and Town Constable of the Town of Wappinger or their designees shall be authorized and empowered to issue or cause to be issued an Appearance Ticket for any violation of any of the provisions of this Article, to be returnable in the Justice Court of the Town of Wappinger or any other Court of competent jurisdiction. 37. Section 234-64 (Article XII) "Enforcement" is hereby created to read as follows: "This Chapter will be enforced by the Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any police agency having jurisdiction within the Town of Wappinger." 38. Section 240-105 is hereby amended to read as follows: "If, in the judgment of the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector or the Town Board, there is a violation of the performance standards, the enforcement officer shall give written notice, by registered or certified mail, to the owner or tenant of the property upon which the alleged violation occurs, describing the 0AWAPHNGE'rown Board\LOCAL LAW\ZoninPkmendmen ts\2003\Law.doc July 3, 2003 particulars of the alleged violation, the reason why it is believed that there is a violation of fact and shall require an answer or correction of the alleged violation to the satisfaction of the enforcement officer within a reasonable time limit set by the officer. The notice shall state and it is hereby declared that failure to reply or to correct the alleged violation to the satisfaction of the enforcement officer within the time limit constitutes an admission of a violation of this Chapter. The Notice shall further state that, upon request to whom it is directed, technical determinations of the nature and extent of the violation that is alleged will be made and that, if a violation as alleged is found, cost of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and if it is determined that no violation exists, the costs of the determinations will be borne by the Town." 39. Section 240-106(b) is hereby amended to read as follows: "Enforcement Agents. This Chapter shall be enforced by the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector and any other person designated by the Town Board." 40. Section 240-108(e) is hereby amended to read as follows: "Inspection. The Building Inspector, Deputy Building Inspector, Fire Inspector, Deputy Fire Inspector, Zoning Administrator, and Deputy Zoning Administrator shall, at reasonable times, be permitted access to premises and buildings erected or in the course of erection for the purpose of determining whether or not the provisions of this Chapter or any approval made pursuant thereto have been or are being complied with." Section V: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or O:\WAPPINGE\Town Board\LOCAL LAW\ZoningAmendmenu\2003\Law.doc July 3. 2003 unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable, had been specifically exempt therefrom. Section VI: Effective Date. This Local Law shall become effective upon filing with the Secretary of State as provided by law. O:\WAPPINGE\Town Board\LOCAL LAW\ZoningAmendments\2003\ aw.doc July 3, 2003 (Complete the certification in the paragraph that applies to the tiling 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. -------- am of 20_U - of the 1 =Y%GW(Town)MIIW of-------WaPpimgEr------------------------------------------ was duly passed by the --------- T-own_Hoar-cL---------------------- on --Aug.-_1$,___ 20 03, in accordance with the applicable provisions of law. (Name of Legislative Bodv) 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)(Village) of ____________________ --------------- of 20-____ ____------"""-"" -------------------------------------------- was duly passed by the -------- 20 ___ ,and was (approved)(not approved)(repassed after on ----------------•-- (Name ofL:grslarive Bodv) disapproval) by the -------------------------------------------------- and was deemed duly adopted on __________________ 2G ---- (Elective Chief Esectuive 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_ the (County)(Citv)(Town)(Village) of _______________________________ _ ------------------------- of 20- --------------------------------------------------- 0- - - - - - was duly passc&by. the -_a______________________"------" ------ --- 20--__ , and was (approved)(not approved)(repassed after ------ on--------------- l.Vamr ofLegislarive 9odv� disapproval) by the ___________________ 20- Such local law was submitted ------------------------------ on------------------- (Elective Chief Executive UJJ%er•) -"- to the people by reason of a (mandatory)(permissive) referendum, and received'the affirmative vote of a majority of in the qualified electors voting thereon at the (gene ral)(special)(annual) election held on __________________ 24___ , accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law, No. ----------------------------------- of the (County)(City)(Town)(Village) of ________________________________ _ __ _ ypassed by the - - - -------------------------- was duly passed by the --------""--------------------------------------- on __________________ 20____ , and was (approved)(not approved)(repassed after (Name of Legislative Bodv) disapproval) by the ___________________---- 20 ___ , Such local law was subject to --------------------------- (Elective ChiefEsecutive Officer*) on ------------------ permissive referendum and no valid petition requesting such referendum was filed as of _____________ accordance with the applicable provisions of law. ----- 20 _-- , 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. _________ ofthe City of----------------------------------------------------------------------- of 20 ----- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on___________________ 20-_-_, became operative. 6. (County local law concerning adoption of Charter.) hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of the County of __________________________________________________ of 20______ State of New York, having been submitted to the electors at the General Election of November ______________________ 20_-_-, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unitcit- 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 ---- 1-------- above. (Seal) Clerk of the County legislative bpdy, Ci Town or illage Clerk or officer designated by local legisla ' body GLORIA SE, To Clerk Date: 4— / 2003 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, VIllage Attorney or other authorized attorney of locallty.) STATE OF NEW YORK COUNTYOF DUTCHESS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. -Signature AT.RF.RT P ROBERTS —Attorney to the Town Title RRHM qkXX of Wappinger Town Date: (3)