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2003-02-24 RGMMonday, February 24, 2003 7:30 p.m. Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to the Flag Receipt and Approval of Town Board Minutes: November 12, 2002 Workshop November 25, 2002 Regular Meeting December 9, 2002 Regular Meeting January 2, 2003 Reorganization Meeting January 13, 2003 Workshop February 10, 2003 Workshop Suspension of Rules for Public Comment on Agenda Items Public Hearings 1. Local Law Authorizing a Partial Real Property Tax Exemption for Volunteer Firefighters, 2. Local Law Authorizing a Partial Real Property Tax Exemption for Senior Citizens. 3. Local Law Authorizing a Partial Real Property Tax Exemption for Veterans. Correspondence Log: 2002 -CL -0848 to 2002 -CL -0895 2003 -CL -001 to 2003 -CL -072 Resolutions: 2003-63 Resolution Authorizing O'Donnell Escrow Refund 2003-64 Resolution Authorizing Changes to Recreation Fees 2003-65 Resolution Authorizing Supervisor to Sign 99-2R Contract 6 Change Order No. 8 2003-66 Resolution Authorizing the Recreation Department to go out to Bid for a New Mower 2003-67 Resolution Authorizing Members of the Recreation Commission to Attend Conference 2003-68 Resolution Authorizing Simonetty Escrow Refund 2003-69 Resolution Authorizing the Highway Department to go out to Bid for a New Mower 2003-70 (PULLED FOR NEXT AGENDA) 2003-71 Resolution Establishing Lead Agency for Atlantic Mortgage 2003-72 Resolution Authorizing Local Law Authorizing a Partial Real Property Tax Exemption for Volunteer Firefighters 2003-73 Resolution Authorizing Local Law Authorizing a Partial Real Property Tax Exemption for Senior Citizens 2003-74 Resolution Authorizing Local Law Authorizing Partial Real Property Tax Exemption for Veterans 2003-75 Resolution Accepting Correspondence Log 2003-76 Resolution Awarding Bid for 99-2R Contract 5 2003-77 Resolution Authorizing Sammartino Tax Refund 2003-78 Resolution to Authorize Reduction in Tax Assessment New Business/Comments Adjournment 1 02/24J2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 24, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Local Law Authorizing a Partial Real Property Tax Exemption for Volunteer Firefighters. Supervisor Ruggiero opened the meeting at 7:32 p.m. Present: Joseph Ruggiero, Supervisor 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, Town Clerk Absent: Robert Valdati, Councilman The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed" and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any comments or questions from the audience. Bob Walker of 15 DeGarmo Hill Road wished to know if there was an age limit. Al Roberts, Attorney to the Town responded that in order to qualify for the exemption you must be a member in good standing of the fire department for at least five years. State law mandates this requirement upon the town. Mr. Walker explained that they have a volunteer firefighter with 60 years of service who had to go off the active list due to macular degeneration, would he also be eligible for this exemption? Supervisor Ruggiero informed Mr. Walker that this issue would be something he would have to research. Mr. Roberts explained there might be a possibility because the state does reference fireman who have accrued 20 years or more of continuous service. Whether it is retroactive or not, we do not know, but we will look into this. Mr. Walker also wished to know, if you already have a Veterans exemption is this added on? Supervisor Ruggiero answered, yes. There were no other further questions or comments from the audience. Councilman Paoloni moved to close the Public Hearing, seconded by Councilman Bettina. The Public Hearing closed at 7:35 p.m. Gloria J. Morse Town Clerk 1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW OF 2003 AUTHORIZING A PARTIAL REAL PROPERTY TAX EXEMPTION FOR VOLUNTEER FIREFIGHTERS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 11, 2003, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law of 2003, Authorizing a Partial Real Property Tax Exemption for Volunteer Firefighters 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. sLORIA J. l Town Clerk Town of W1, 4& Sworn to before me the day of ,2003 ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutchess County Commission Expires Feb. 28, 20 0 SOUTHERN DUTCHESS NEWS. RFAC..ON FREE PRESS 84 FAST MAIN STREET WAPPINGERS FALLS, NY 12590 oni f f .1.. c aE %.x i t_ cs -F IP" " t---,* 1 .I- t-7-- a!c> rt To: VERGTLTS , STFNGFR , ROBFRTS , PERCAMFNT AND VTCOLTTTT-ATTN:A/P-MARTA R177T 1.136 SOUTH RD WAPPINGERS FALLS, N. 1.2590 WE Re: t. eaa.l. notice #56345 State of NEL.! YORK } } SS: County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say: t.ha.tt. T am the BOOKKEEPE=R of Southern Dutchass News, a weekly newspape=r of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a. printed copy, was duly published in Southern Du.t.chess News once on 02/12/03., ^ Sworn to before me this 13th clay of February, 2003 Notary Public ALBERT M. OSTEN NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN DUTCHESS COUNTY 414.8240760 COMMISSION EXPIRES JUN 15 2003 A Public Hearing was held by the Town Board of the Town of Wappinger on February 24, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Local Law Authorizing a Partial Real Property Tax Exemption for Veterans. Supervisor Ruggiero opened the meeting at 7:38 p.m. Present: Joseph Ruggiero, Supervisor 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, Town Clerk Absent: Robert Valdati, Councilman The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. Elva Girton of 1 Pine Hill Drive informed the board that she was a Vietnam Veteran and receives a County exemption and wished to know what her exemptions would be after this law passes. Mr. Roberts explained that he did not know what she had now, and he could not comment, but this exemption would increase the Veterans basic exemption from $18,000 to $27,000 of assessed valuation. If you are a Veteran that served in a combat zone there is an additional exemption that went from $12,000 to $18,000. If you receive compensation from the VA for a combat related injury and receive Veterans compensation you are entitled to a further exemption which goes from $60,000 as it is now to $90,000. This Local Law brings the Veterans exemption up to the maximum permitted by State Law. Lou Rompala of Wappinger Park explained that he has a Veterans exemption now, will this $27,000 be added on to that? Mr. Roberts explained that he could not answer his question now, without looking at his file. In any event, he would get an increase. Mr. Beach of 183 Dorothy Lane explained that he is a combat Veteran of World War II and is presently receiving an exemption. Is he entitled to receive another Exemption because he is a Senior Citizen? Supervisor Ruggiero replied, yes. Supervisor Ruggiero informed the residents if they had any further questions the assessor's office would walk them through and explain how this exemption would be applied to this years taxes. 1 There were no further questions or comments from the audience. Councilman Paoloni moved to close the Public Hearing, seconded by Councilman Bettina and unanimously carried. The Public Hearing closed at 7:45 p.m. Gloria J. Morse Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER W1 NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW OF 2003 AUTHORIZING A PARTIAL REAL PROPERTY TAX EXEMPTION FOR VETERANS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 11, 2003, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law of 2003, Authorizing a Partial Real Property Tax Exemption for Veterans 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. GLORIA J. S Town Clerk Town of Wappinger Sworn to before me the day of ALBERT P. ROBERTS NOTARY PUBLIC, State of New YOt% Qualified in Dutchess County Commission Expires Feb. 28, 20 SOUTHERN DUTC:HF.SS NEWS BEACON FREE PRESS 54 FAST MAIN STREET WAPPTNGERS FALLS, NY 1.2590 ONff3_Aa"T 11 f PA_,IL3e-ac.t-__!s-_s To: 11ERG.Tt_. T S , STENGFR ; RORFRTS ; PERGAMENT AND VTGOLTTTT-ATTN:A/P-MARTA RT.7..7T 1.1.36 SOUTH RD WAPPINGE.RS FAL..I....S, N. 1.2590 Re: Legal notice #56346 State of NEW YORK } } SS: County of DUTCHFSS } I, TTNA HEATH, being duly sworn, depose and say: t.ha.t. T am the BOOKKEEPER of Southern Dut.c^hess News, a. weekly newspaper of general. circulation published in WAPPINGERS FAL..I....S, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a. printed copy, was duly published in Southern Dut.c:hess News once on 02/12/03. Sworn to before me this 13th clay of February, 2003 Notary Public ALBERT M. 0$TEN NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN DUTCHESS COUNTY # 14-8240760 COMMISSION EXPIRES JUN 15 2003 02/24/2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 24, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Local Law Authorizing a Partial Real Property Tax Exemption for Senior Citizens. Supervisor Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Supervisor 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, Town Clerk Absent: Robert Valdati, Councilman The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero requested Al Roberts, Attorney to the Town described the proposed Local Law. Mr. Roberts explained that the Law had been amended several years ago to provide Senior Citizens exemption not only for people over 65 who were married, but for siblings who were over 65 and lived in the same house. We amended it to include the provision that it would apply to brother and sister or sister & sister or brother & brother and also exempt any income that a disabled veteran receives for compensation from the government. This income would be excluded from the income qualifications. There were no questions or comments from the audience. Councilman Bettina moved to close the Public Hearing, seconded by Councilman Paoloni and unanimously carried. The Public Hearing closed at 7:38 p.m. Gloria J. Morse Town Clerk 1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW OF 2003 AMENDING THE REAL PROPERTY TAX EXEMPTION FOR SENIOR CITIZENS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 11, 2003, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law of 2003, Amending the Real Property Tax Exemption for Senior Citizens on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Town Cl Town of Sworn to before me theme /4 YUBLC SVARPROBERTS Yutk Cowl 310 Qualified Expims eb Dutchess28, 20 1-6 J. a SOUTHERN DUTCHESS SS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPING RS FAI_.L..S, NY 1.2590 To: VERO.T.L..T. S , STFNGER , RORERTS , PERGAMF NT AND VIGOI....TTTT-ATTN:A/P--MARTA RTZZI 1.1.36 SOUTH RD WAPPINGE.RS FALLS, N. 1.2.590 6 Re: I...edal notice tl56347 State of NEW YORK } } SS: County of DUTCHESS } I, TTNA HEATH, being duly Sworn, depose and say: that T am the BOOKKEEPER of Southern Dut.chess News, a. weekly newspaper of general. circulation published in WAPPINGE"RS FAI....I....S, County of DUTCHESS, State of NEW YORK; and t.ha.t a. notice, of which the annexed is a printed cony, was duly published in Southern Dut.chess News once on 02./1.2/0:3. Sworn to before me this 13th day of February, 2003 ��rr }}��IV'ary P�.�t'�.I i.c ALBERT M. OSTE� NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN DUTCHESS COUNTY #1468240760 COMMISSION EXPIRES JUN 15 200 Town Board Correspondence Log ocument # To From Date Received Re 2002CL - 0074 Town Clerk Andrew J. Zarutskie 3/10/03 3/12/03 Notice of Public Hearing on Pr( 2002CL - 0075 Joseph Ruggiero, Supervi Craig S. Kominoski 2/21/03 3/4/03 Residential Assessment Ratio 2002CL - 0076 Michell Gale, Shelly Cres Mark Liebermann 3/12/03 3/12/03 Municipal Searches 2002CL - 0077 Ira D. Conklin and Sons, i Peter J. Paggi 3/11/03 3/12/03 Underground Storage Tank (U; gg �11�11 2002CL - 0078 Joseph Ruggiero, Supervi Emanuel F. Saris 3/10/03 3/12/03 Cedar Hill Development Corp. 2002CL - 0079 Joseph Ruggiero Mark Liebermann 3/11/03 3/11/03 Inspections of Assembly Places 2002CL - 0080 Pete Paggi Ira Conklin 3/3/03 3/11/03 Petroleum Bulk Storage 2002CL - 0081 Ira D. Conklin & Sons Peter Paggi 3/11/03 3/11/03 Underground Storage Tank Ti€ 2002CL - 0082 Helen Hettinger Tatiana Lukianoff 3/7/03 3/10/03 Hettinger/Fernwood Floral 2002CL - 0083 Joseph Ruggiero Mark Liebermann 3/7/03 3/10/03 Uniform fire prevention and bu 2002CL - 0084 Teahan & Constantino Barbara Roberti 3/7/03 3/10/03 Hettinger/Femwood Floral Use 2002CL - 0085 Teahan & Constantino Albert Roberts 2/24/03 3/10/03 Atlantic Morgage Properties, L 2002CL - 0086 Graham Foster Charles R. Del Bene 3/5/03 3/10/03 March Property 21 Lossee Roa 2002CL - 0087 Town of Poughkeepsie St Albert Roberts 3/4/03 3/10/03 The Airport Landfill Closure 2002CL - 0088 Joseph Ruggiero, Supervi Peter Paggi 3/7/03 3/10/03 Underground Storage Tank US 2002CL - 0089 All Contract Agencies and Dutchess County Youth B 3/7/03 Youth Bureau Alert 2002CL - 0090 Joseph Ruggiero, Supervi Charles R. Del Bene, Jr 2/27/03 2/27/03 Wappinger Park Water 2002CL - 0091 Joseph Ruggiero, Supervi Peter Paggi 3/7/03 3/7/03 Underground Storage Tank (U 2002CL - 0092 Joseph Ruggiero, and To Carl Wolfson 3/4/03 Town Justice Report 1 Monday, March 24, 2003 ocument # To From Date Received Re 2002CL - 0093 Town Board Joseph Rugg Sal Morello, Deputy Buil 3/3/03 3/10/03 Building Inspectors Report for th 2002CL - 0094 New York Dept. Of Envir Charles R. Del Bene 2/28/03 3/4/03 SPDES General Permit GP -02-0 2002CL - 0095 Town of Wappinger New York State Executiv 2/27/03 New York State Pension Fund 2002CL - 0096 Joseph Ruggiero, Supervi Roger Connors, Director 3/1/03 2/28/03 Basic Rates for Cablevision 2002CL - 0097 Children Services Council Betsy Brockway, Executi 2/27/03 2/28/03 2003 Youth Asst Mini Grant Am 2002CL - 0098 Carmella R. Mantello Hillary Rodham Clinton 2/21/03 Hudson River Valley Greenway 2002CL - 0099 Joseph Ruggiero, Supervi James G. Williamson 2/3/03 2/4/03 United Way Campaign 2002CL - 0100 Frank L. Paulo Tatiana Lukianoff, Zonin 2/4/03 2/18/03 Gruda Enterprises Site 2002CL-0101 Town of Wappinger Edwin E. Dassatti 2/24/03 Technical Training Opportunity, 2002CL - 0102 Mr. Jim Carrera Tatiana Lukianoi� Zonin 2/26/03 2/27/03 Tiffany Hill South 2002CL - 0103 Albert Roberts, Town Art Joseph E. Paggi Jr. 2/24/03 2/27/03 Simpson/22 Michael Drive 2002CL - 0104 Russ Bentzen Joseph E. Stankavage 2/25/03 2/27/03 Proposed Wappinger Water Imp 2002CL - 0105 Thomas E. Logan, Acting Albert Roberts 2/25/03 Sammartino Subdivision -118 Cr 2002CL - 0106 Joseph Ruggiero, Supervi Emanuel F. Saris 2/21/03 Cedar Hill, LLC v. Town of Wa 2002CL - 0107 Town Board Susan Dao 3/10/03 Local Law:Street Frontage Secti 2002CL - 0108 Joseph Ruggiero, Supervi Charles R. Del Bene Jr., P 2/13/03 2/18/03 Water Improvements 99-2R, 3A 2002CL - 0109 Joseph Ruggiero, Supervi Ronald Lalko & Ken Qu 2/10/03 Meeting of January 22, 2003 2002CL - 0110 Public Finance Associates Albert Roberts 2/11/03 General Bond Matters 2002CL - 0111 Joseph Stankavage 2/12/03 2/18/03 Proposed Wappinger Water Imp 2002CL - 0112 Town of Wappinger Ira D. Conklin 3/3/03 3/6/03 Resignation as CEO and Preside 2002CL - 0113 Joseph Ruggiero Broker Dealer Services 3/3/03 3/6/03 Deposit Information Monday, March 24, 2003 Town Board Correspondence Log nate Received Re Document # To L' ■ -- southeastern Container MarkLiebermenn 2/10/2003 2003-53 KZ Nguyen Traffic Calming 2003-001 Joseph Ruggie- Michael Galante 1/8/2003 1/8/2003 Report 2003-002 Supervisor and Board Heather Kitchen December report - Receiver of Taxes 1/9/2003 2003-003 7-11 Peter Marlow 1/10/2003 2003-004 Julie Spencer Court Cases 2003-005 Joseph Ruggiero Mark Liebermann 116!2003 December report 2003-006 Town Board Building Inspector 1/2/2003 People V. StructuralTntegrity 2003-007 Joseph Ruggiero tm mark Liebermann 1/8/2003 • Cider Mill Loop 2003-008 ArleneScheurer JosephPaggt 11126/2002 Mid -Hudson castle 12/3012002 2003-009 Jon Adams Al Roberts Lee Knolls 12130/2002 2003-010 Gloria Morse Al Roberts Issuamce of Permit 12130/2002 2003-011 Karl Seebruch Al Roberts 12/23/2002 Greystone 2003-012 Congresswoman Sue Kell Carmell Mar Jello Mid hUdson Castle 2003-013 JosephEgitto Al Roberts 12124/2002 ' 12/18/2002 Tlranky°° 2003-014 Joseph Ruggiero Mr. and Mrs Fusco Letter of Notice 12/18/2002 2003-015 TOW Planning and Zoom Anonymous AS Builders � 2003-016 Richard Cantor Tatiana Lukianoff 1!14/2003 1/14/2003 Workers Comp 2003-017 Joseph Ruggiero Al Roberts 1/13/2003 Recycle Center 2003-018 F,rik Allgauer Peter Paggi Friday, February 21, 2003 Page 1 of Date Received Re vacument ? 1 U - - -- 1/15/2003 Town Hall 2003-019 Mike Merriman Joseph Paggi 1/10/2003 DOG MO Bills Road 2003-020 Jerry Terwilliger Charles DelBene 2003-021 Town of W appinger Kathleen MinerlY 1110/2003 Liquor License 1/10/2003 Gas Monitoring Report 2003-022 Andrew Lent Christo her Brown P 2003-023 Jerry Terwilliger Charles DelBeae 1/10/2003 99-211 2003-024 Town Board Joseph Paggi 1115/2003 Neshiawat 2003-025 Harry Serviss Charles DelBene 1/15/2003 99-211 2003-026 Town Board Zoning 12/112002 Report William Steinhaus 12/26/2002 Press Release 2003-027 2003-028 Joseph Ruggiero Joseph Pa ep Paggi 1/20/2003 EPA Phase II 2003-029 Supervisor and Town Bo Joel Miller 1/22/2003 Grants 2003-030 Receiver of Taxes DC Real Properly Tax 1115/2003 Budget 2003 2003-031 Gerald Terwilliger Peter Paggi ' 1/24/2003 Anvil co w 1/24/2003 Performance Motors 2003-032 Barbara Roberti Joseph Paggi 2003-033 Joseph Ruggiero Jack Peluse 1120!2003 Insurance 1/21/2003 General Code on line 2003-034 Gloria Morse Ross Kit 1/21/2003 Tank Abandonment 2003-035 Kevin Gough Mark Liebermarm 2003-036 Town Board Kathi Delisa 1/21/2003 Senior Programs 2003-037 Town Board Gerald Vergdis 112012003 Tasadfoy Hearing 1/20/2003 99-2R Contract 6 2003-038 Harry Serviss Charles DelBene Carnwath Mansion Restoration 2003-039 Leigh Seyfert Joel M. Millar 1/27/2003 Friday, February 21, 2003 Page 2 of 4 From ` Date Received Re Agenda - Document # To 1/2812003 Property of JJS Builders, Inc. 2003-040 Tatiana Lukianaff Richard Cantor 2003-41 Barbara Roberti Joseph Pa P f� 1/2912003 Southeast containers JJS Builders, Inc. With town of Wappinger 2003-42 Teahan& Constantino Richard 1. Cantor, Esq. 1/30/2003 I 2003-43 Barbara Roberti Joseph Pa eP gBt 1/29/2003 Southeast containers , �Wappinger 1/22/2003 Water Improvement 99-2r 2003-44 Joseph Ruggiero Shane A. Finch 2003-45 Mr. Svi Segal Joseph Ruggiero 1/30/2003 Carmel Heights 1/30/2003 Building/zoning meeting minutes . 2003-46 Joseph Ruggiero Joseph Paggi j2/10/2003 Meadowwood Well Field 2003-47 Joseph Ruggiero Michael D. Merriman 2/10/2003 JJS. Builders, Inc. With Town of W appinger 2003-48 Richard Cantor, Esq. Albeit Roberts 200349 Gellert & Quartararo Albert Roberts 2/11/2003 General Bond Matters 2003-50 Albert Roberts Salvatore Pemrini 1/30/2003 Public improvement bonds 2003-51 Joseph Ruggiero Cheryl Hair, Court Cleric 2/11/2003 Office Closure 2/5/2003 Town of Wappinger Fire Prevention Bureau 2003-52 Gloria Morse, Town Cler Alan C. Lehigh Building Inspector's Report for the Month. of 1/03 2003-34 Town Board Building Inspector2/5/2003 2/4/2003 Subdivision Realignement for Gigliotti=Bohliner 2003-55 Plarming Board Joseph Page 2003-56 Town Board, and Supervi Carl Wolfson 2/6/2003 Town Court Report 2003-57 Joseph Ruggiero Hacker &Murphy, LLP 2/3/2003 Tax Assessment . 2/4/2003 Wappinger Water Improvement 2003-58 Al Roberts Charles R Del Bene, Jr 2003-59 Joseph Ruggiero Joseph Paggi 2/6/2003 Chelsea Ridge Apts. 2/10/2003 $7000 directed to city of Poughkeepsie i 2003-60 Joseph Ruggiero , William R Steinhaus 2003-61 Joseph Ruggiero Donald L. Swartz 2!11/2003 Greystone Estate Page 3 of 4 Friday, February 21, 2003 e . Document # To From Date Received Re Agenda 2003-62 Joseph'Ruggiero David Conklin 2/10/2003 Dutchess Community College 2003-63 Joseph Ruggiero Heather Kitchen 2/4/2003 Town Courts Report 2003-64 Joseph Ruggiero Alpine shopping center 2/11/2003 Alpine Center 1404 Route 9 2003-65 John Clement, Esq. Michael Roland 2/11/2003 Greystone Estate 2003-66 Joseph Ruggiero Zoning 2/11/2003 Application/Accountfor conceptual review 2003-67 Joseph Ruggiero Reciever of Taxes 2/12/2003 Monthly Report 2003-68 Graham Foster Eoin Wra$er 1/29/2003 Traffic Counts 2003-69 Tatiana Lukianof Jay Renfro 1130!2003 Lands of 2345 2003-70 Leggette,Brashears & Gra Albert Roberts 1/3112003 Hydro -Geological Study 2003-71 Planning Board. Albert Roberts 1/31/2003 Southeastern Containers 2003-72 Frederick Clark Assoc. Albert Roberts 1/31/2003 Staff Meetings Page 4 of 4 Friday, February 21, 2003 02/24/2003.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on February 24, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Joseph Ruggiero, Supervisor 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 Absent: Robert Valdati, Councilman The Supervisor asked all to join in the Pledge of Allegiance to the Flag. RECEIPT & APPROVAL OF MINUTES The Minutes of the Workshop Meeting of November 12, 2002, the Regular Meeting of November 25, 2002, Regular Meeting of December 9, 2002, Reorganization Meeting of January 2, 2003, Workshop Meeting of January 13, 2003, and Workshop Meeting of February 10, 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 and they are hereby approved. Seconded by Councilman Paoloni Motion Unanimously Carried 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 PUBLIC HEARINGS 1. Local Law Authorizing a Partial Real Property Tax Exemption for Volunteer Firefighters. 2. Local Law Authorizing a Partial Real Property Tax Exemption for Senior Citizens. 3. Local Law Authorizing Partial Real Property Tax Exemption for Veterans. RESOLUTION NO.2003-063 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 Paoloni. 02/24/2003.RGM WHEREAS, O'Donnell Builders of Dutchess, Inc., has previously posted Two Thousand, Five Hundred Dollars ($2,500.00) in connection with work to be done on Lot No. 1 Lee Knolls Section 1 on Erin Sue Drive; and WHEREAS, Craig O'Donnell, President of O'Donnell Builders of Dutchess, Inc, has requested the return of the aforementioned escrow balance by letter dated February 4, 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 an adopted herein. 2. The payment is approved in the amount of Two Thousand, Five Hundred Dollars ($2,500.00) made payable to O'Donnell Builders of Dutchess, Inc., in connection with Lot No. 1, Lee Knolls Subdivision Section 1 on Erin Sue Drive. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Absent Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-064 RESOLUTION AUTHORIZING INCREASE IN TOWN RECREATION FEES The following Resolution was introduced by Councilman Colsey and seconded by Supervisor Ruggiero. WHEREAS, the Town of Wappinger Recreation Committee has previously charged a fee of Fifteen Dollars ($15.00) for all "A Fund" recreation programs (including gymnastics, aerobics, basketball, volleyball, tennis and related recreational programs) offered by the Town of Wappinger; and WHEREAS, the Town of Wappinger Recreation Committee has requested an increase in fees for the aforesaid recreation programs in order to offset the costs to pay directors that run said programs as discussed in correspondence dated January 22, 2003 to Supervisor Joseph Ruggiero, a copy of which is affixed hereto; and WHEREAS, the Town of Wappinger Recreation Committee has additionally requested an increase in fees for the "B Fund" Summer Playground Program for the year 2003 in order to ensure payments for all costs for the summer program as outlined in correspondence dated February 6, 2003 to Supervisor Joseph Ruggiero, a copy of which is affixed hereto. NOW, THEREFORE BE IT RESOLVED, as follows: 2 02/24/2003.RGM 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board approves the request of the Town of Wappinger Recreation Committee to increase all "A Fund" recreation program fees for the year 2003 from $15 for the first family member participating in the program and $10 for each additional participating family member to $20 for the first family member participating in the program and $15 for each additional participating family member. 3. The Town Board also approves increasing the `B Fund" Summer Playground Program fees for the year 2003 from $30 for the first child of a family participating in the program and $20 for each additional child of the same family participating in the program to $40 for the first child of a family participating in the program and $35 for each additional child of the same family participating in the program. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Absent Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted AMENDED RESOLUTION NO. 2003-06513 RESOLUTION AUTHORIZING CHANGE ORDER NO. 7 & 8 FOR 99-2(R) CONTRACT NO. 6 WHEREAS, the Engineers to the Town, Paggi, Martin & DelBene, have approved Change Order No. 7 and 8 to Contract No. 6 for Wappinger Water Improvement Area — 1999-2(R) as per letter dated January 7th and February 3, 2003, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves change order No. 7 dated January 31, 2003 to Wappinger Water Improvement Area -1999-2R, Contract No. 6 between the Town and Clayton Industries in the amount of One Thousand Seven Hundred Twenty Six Dollars and No/100 ($1,726.00) for the reasons set forth in the letter dated January 7, 2003 from Charles R. Del Bene, Jr., P.E. of Paggi, Martin & DelBene, L.L.P. to Town Supervisor Joseph Ruggiero 3. The Town Board hereby approves Change Order No. 8 dated January 31, 2003 to Wappinger Water Improvement Area —1999-2(R), Contract No. 6 3 02/24/2003.RGM between the Town and Clayton Industries, Inc. in the amount of Three Thousand Three Hundred and Five Dollars and 84/100 ($3,305.84) for the reasons set forth in the letter dated February 3, 2003 from Charles R. Del Bene, Jr., P.E. of Paggi, Martin & DelBene. L.L.P. to Town Supervisor Joseph Ruggiero. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Absent Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-066 RESOLUTION TO AUTHORIZE BIDS FOR RECREATION MOWER The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, Town of Wappinger Recreation Chairman Ralph Holt has requested permission in a letter to the Supervisor dated February 4, 2003, to go out to bid for a new mower with grass catcher. THEREFORE, BE IT RESOLVED, that Ralph Holt, Chairman of the Town of Wappinger Recreation Committee, is hereby authorized to go to bid for a mower with a grass catcher. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Absent Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-067 RESOLUTION AUTHORIZING THE MEMBERS OF THE RECREATION COMMISSION TO ATTEND CONFERENCE The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, the Town Board wished to authorize two members of the Town of Wappinger Recreation Commission to attend the New York State Recreation and Parks Conference to be held on March 30 to April 2, 2003 at the Wyndam Wind Watch Hotel in Hauppauge, Long Island. 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. 0 02/24/2003.RGM Two members of the Town of Wappinger Recreation Committee are hereby authorized to attend the New York State Recreation and Parks Conference to be held on March 30 to April 2, 2003 at the Wyndham Wind Watch Hotel in Hauppauge, Long Island, in accordance with the letter dated January 31, 2003 from Ralph Holt, Chairman of the Town of Wappinger Recreation Commission with cost to the Town being One Hundred, Eighty -Five Dollars ($185) per person for registration, and One -Hundred Forty -One Dollars ($141) per person, per day for hotel reservations and meals. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Absent Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-068 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 159 WIDMER ROAD The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, on or about May 3, 2002 Christopher Simonetty deposited Two Thousand, Eight Hundred Dollars ($2,800) with the Town of Wappinger in escrow for the purpose of a lot realignment at 159 Widmer Road pursuant to Application No. 02-3061; and WHEREAS, the lot realignment has now been satisfactorily completed and the return of the unused escrow amount of One Thousand One hundred and Eight -nine Dollars ($1,189.00) has been recommended by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated January 28, 2003 to Supervisor Joseph Ruggiero and Town Board Members. NOW THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of One Thousand, One Hundred, Eighty-nine Dollars ($1,189.00) made payable to Christopher Simonetty, Application No. 02-3061, for refund of the unused escrow funds deposited for lot realignment of this application. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Absent Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye 5 Joseph Paoloni, Councilman 02/24/2003.RGM Vote Aye The Resolution is hereby duly declared adopted AMENDED RESOLUTION NO. 2003-069A RESOLUTION TO AUTHORIZE BIDS FOR HIGHWAY MOWER The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, Town of Wappinger Highway Superintendent Graham Foster has requested permission in a letter to the Supervisor dated February 6, 2003 to go out to bid for a new mower. THEREFORE, BE IT RESOLVED, that Graham Foster, Superintendent of Highway Town of Wappinger, is hereby authorized to go to bid for a new mower. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Absent Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-071 ATLANTIC MORTGAGE BANKERS, INC. COORDINATED REVIEW AND ESTABLISHMENT OF LEAD AGENCY The following resolution was moved by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York has received the petition of Atlantic Mortgage Bankers, Ltd. to rezone a 0.52 -acre parcel from the R -2F 2 -Family Residence District to the HB Highway Business District (the "Proposed Action") ; and WHEREAS, the 0.52 -acre parcel is located on the easterly side of Route 9 approximately 600 feet south of the intersection of Route 9 and Smithtown Road in the R -2F 2 -Family Residence Zoning District and is otherwise known as Tax Lot 6156-02-737984 (the "Site"); and WHEREAS, the rezoning request was accompanied by a full Environmental Assessment Form (Part 1) dated 11/5/01 and a conceptual site plan entitled "Site Plan for SLD Holdings Ltd.," prepared by Day, Oswald and Gillespie, an dated 12/5/01; and WHEREAS, at its November 4, 2002 meeting, the Planning Board recommended the rezoning, provided that the development of the site be 6 02/24/2003.RGM limited to a 6,000 square foot office building and as set forth in the petitioner's application; and WHEREAS, the proposed Action involves other agencies, including: the town of Wappinger Planning Board; the Town of Wappinger Zoning Board of Appeals (should an area variance be required); The Dutchess County Health Department; the New York State Department of Transportation; and the New York State Department of Environmental Conservation; and WHEREAS, by Notice of Intent to be Lead Agency dated December 9, 2002, the Town Board circulated its notice of intent to be the Lead Agency with respect to the proposed action, which notice stated that unless an objection is expressed and received in writing from an involved agency by January 8, 2003, (30 days from the date of notice) the Town Board will assume the role of the Lead Agency; and WHEREAS, no objections were received and the 30 day comment period has expired; NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Proposed Action, as herein defined, together with all other necessary approvals for construction of a 6,000 square foot office building, is subject to both SEQR and the Town of Wappinger Environmental Quality Review Law (WEAR). 3. The Proposed Action is an Unlisted Action pursuant to both SEQR and WEQR. 4. The Town Board hereby affirms that it has assumed the role of and shall act as Lead Agency for the environmental review of the Proposed Action and shall provide for a coordinated review. 5. The Town Clerk shall circulate a copy of this resolution to the following involved agencies: a. The Town of Wappinger Planning Board; b. The Town of Wappinger Zoning Board of Appeals; c. The Dutchess County Health Department; d. The New York State Department of Transportation; e. The New York State Department of Environmental Conservation. The question of the adoption of the foregoing resolution was put to a roll call vote, which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Absent Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted 7 02/24/2003.RGM RESOLUTION NO. 2003-72 RESOLUTION TO AUTHORIZE THE ADOPTION OF "LOCAL LAW NO. #1 OF THE YEAR 2003, AUTHORIZING A PARTIAL REAL PROPERTY TAX EXEMPTION FOR VOLUNTEER FIREFIGHTERS" The following Resolution was introduced by Councilman Paoloni 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. #1 of the Year 2003, Authorizing a Limited Real Property Tax Exemption for Volunteer Firefighters" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal; and WHEREAS, a Public Hearing was held on February 24, 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. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled "Local Law No. #1 of the Year 2003, Authorizing a Partial Real Property Tax Exemption for Volunteer Firefighters", a copy of which is attached hereto and made a part of this Resolution. 2. 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 Vote Aye Robert Valdati, Councilman Vote Absent Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-73 02/24/2003.RGM RESOLUTION TO AUTHORIZE THE ADOPTION OF "LOCAL LAW NO. #2 OF THE YEAR 2003, AMENDING THE REAL PROPERTY TAX EXEMPTION FOR SENIOR CITIZENS" The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #2 of the Year 2003, Amending the Real Property Tax Exemption for Senior Citizens" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal; and WHEREAS, a Public Hearing was held on February 24, 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 amend said Local Law. NOW, THEREFORE, BE IT RESOLVED: 1 The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled "Local Law No. #2 of the Year 2003, Amending the Real Property Tax Exemption for Senior Citizens", a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law and the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Aye Vincent Bettina, Councilman Vote Absent Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-74 RESOLUTION TO AUTHORIZE THE ADOPTION OF "LOCAL LAW NO. #3 OF THE YEAR 2003, AUTHORIZING A PARTIAL REAL PROPERTY TAX EXEMPTION FOR VETERANS" 9 02/24/2003.RGM The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #3 of the Year 2003, Authorizing a Partial Real Property Tax Exemption for Veterans" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal; and WHEREAS, a Public Hearing was held on February 24, 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. #3 of the Year 2003, Authorizing a Partial Real Property Tax Exemption for Veterans", a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law and the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Absent Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-75 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. 10 02/24/2003.RGM BE IT RESOLVED, that letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote, which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Absent Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-076 RESOLUTION AWARDING CONTRACT FOR 99-2(R)-5 WELL COMPLETION AND CONNECTION The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, the advertisement for bids for 99-2(R)-5: Well Completion and Connection were published in the Southern Dutchess News and the Poughkeepsie Journal on January 22, 2003; and WHEREAS, bids were opened on February 20, 2003 and reviewed by Gloria J. Morse, Town Clerk of the Town of Wappinger; and WHEREAS, bids were received as follows: Schipp Construction Co., Inc. $421,000.00 Thomas Gleason, Inc. $438,888.00 Sun Up Enterprises, Inc. $464,618.00 Lash Construction Co. $529,900.00 Grant Street Construction Co. $537,000.00 H. Osterhoudt Excavating, Inc. $574,000.00 WHEREAS, Charles DelBene, of Paggi, Martin and DelBene, has provided an award recommendation to the Town Board. NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Contract for 99-2(R)-5: Well Completion and Connection is hereby awarded to Schipp Construction Co., Inc. for an amount not to exceed Four Hundred, Twenty-one Thousand Dollars ($421,000.00) in accordance with the award recommendation letter dated February 21, 2003 from Charles DelBene of Paggi, Martin and DelBene, to the Town Board. 3. Supervisor Ruggiero is hereby authorized and directed to execute said Contract on behalf of the Town of Wappinger. 11 The foregoing was put to a vote, which resulted as follows: Joseph Ruggiero, Supervisor Vote Robert Valdati, Councilman Vote Vincent Bettina, Councilman Vote Christopher Colsey, Councilman Vote Joseph Paoloni, Councilman Vote The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-77 02/24/2003.RGM Aye Absent Aye Aye Aye RESOLUTION AUTHORIZING REAL PROPERTY TAX REIMBURSEMENT The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, Thomas Sammartino and Eleanor Sammartino of 8 Curry Road, Wappingers Falls, New York 12590, hereinafter referred to as "Sammartino", previously deeded a 4.751 acre parcel to the Town of Wappinger; and WHEREAS, the Deed to this 4.751 acre parcel was recorded in the Office of the Dutchess County Clerk on February 13, 2003 as Document No. 02 2003 1647; and WHEREAS, Sammartino previously had granted to the Town of Wappinger a Sewer Easement over the same 4.751 acre parcel and has otherwise permitted the Town to use said parcel for a sewer transmission line; and WHEREAS, to implement the donation of this land to the Town of Wappinger, the Town undertook a subdivision of Sammartino's property which resulted in a subdivision map being filed in the Office of the Dutchess County Clerk on August 14, 2002 as Filed Map No. 11439; and WHEREAS, the Town has agreed to reimburse Sammartino a pro -rated portion of the real estate taxes levied against the subject premises, effective November 1, 2002. 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 authorizes the reimbursement of the sum of $492.74 representing the pro -rated portion of the real estate taxes levied against the premises donated to the Town pro -rated from November 1, 2002 and based on the allocation of taxes prepared by Thomas Logan, Acting Assessor to the Town of Wappinger, and also based on the calculation of adjustment prepared by Albert P. Roberts, Attorney to the Town of Wappinger, copies of which are affixed to this Resolution. 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 02/24/2003.RGM Vote Aye Vote Absent Vote Aye Vote Aye Vote Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-078 RESOLUTION TO AUTHORIZE REDUCTION IN TAX ASSESSMENT The following Resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni for purposes of discussion. WHEREAS, TGS Associates by their Attorney Gerard J. Pisanelli, Esq., commenced an action against the Town of Wappinger in each of the three (3) tax years 1999, 2000, and 2001 seeking a reduction in assessment in each of those years; and WHEREAS, it has been determined that it is in the best interest of the Town of Wappinger to resolve such three claims in accordance with the Order and Judgment Reducing Assessment on Stipulation which reduces the assessed valuation: (i) in tax year 2000 from $1,150,000 to $452,410; and (ii) in tax year 2001 from $1,150,000 to $382,590; and contingent upon discontinuance of proceedings pending for tax year 1999; and further only so long as the corresponding assessments by the Village of Wappingers Falls do not in any way exceed such reduced valuations. NOW, THEREFORE, BE IT RESOLVED, that Emanuel F. Saris, Special Council to the Town of Wappinger for Tax Certiorari matters, is authorized to sign the attached Order and Judgment Reducing Assessments on Stipulation on behalf of the Town of Wappinger. At this time 7:55 p.m. Councilman Colsey moved to table this resolution to Executive Session to confer with Council, seconded by Councilman Bettina and unanimously carried. The meeting reconvened at 8:10 p.m. with all Board members present except Councilman Valdati. Councilman Bettina moved to untable Resolution No. 2003-078, seconded by Councilman Colsey The foregoing Resolution was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Absent Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Nay The Resolution is hereby duly declared adopted There was no other business to come before the Board. 13 02/24/2003.RGM Councilman Bettina moved to close the meeting seconded by Councilman Colsey. The meeting adjourned at 8:15 p.m. 14 0 Gloria J. o e Town Cl 9 Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Ma=y aw of---- Wappiner--------------------------------------- Town ----------------------------- Local Law No. -------- #3------------------------- of the year 20.03_ A local law _entitled -- "Local - Law - No. - #3 ---- of the Year 2003, Authorizing a Partial --------------------------------------------------- --------- (1 -en Title) -Real_Pro-Perty--Tag Egejnption_ for Veterans" - ------------------------------------------------ Be It enacted by the-________-TgVA_ Board___________________________ ---------------- -------_--____--__ of the (N --c a/Legislative Body) - qty qA Town of ---- WappingeT----------------------------------------------------------------------- as follows: e TEXT C0Ml1ENCES ON NEXT PAGE e (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS ?39 (Rev. 11/99) (1) LOCAL LAW NO. #3 __ OF THE YEAR 2003 A Local Law entitled "Local Law No. #3 of the Year 2003, Authorizing a Partial Real Property Tax Exemption for Veterans." 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. A3_ entitled as "Local Law No. it of the Year 2003, Authorizing a Partial Real Property Tax Exemption for Veterans". Section II: Legislative Intent and Purpose: It has come to the attention of the Town Board that the New York State Legislature has authorized an increase in the real property tax exemption for Veterans not to exceed Twenty Seven Thousand Dollars ($27,000) or the product of Twenty Seven Thousand Dollars ($27,000) multiplied by the latest State equalization rate for the Town of Wappinger, whichever is less. In addition to the exemption for qualifying residential real property, an additional exemption for Veterans who served in a combat theatre shall be made available to those Veterans that provide documentation of an award of the United States Campaign Ribbon or Service Medal which shall not exceed Eighteen Thousand Dollars ($18,000), or the product of Eighteen Thousand Dollars ($18,000) multiplied by the latest State equalization rate for the Town of Wappinger, whichever is less. In addition to the exemptions for qualified residential real property and Veterans who served in a combat theatre, an additional exemption for Veterans who received a compensation rating from the United States Veterans Administration or from the United States O:\WAPPINGE\Town Board\LOCAL LAW\Veterans\VETTaxInerease\Law-Resol-Hearing.doe Final: February 7, 2003 Department of Defense because of a service connected disability shall be provided which shall not exceed Ninety Thousand Dollars ($90,000), or the product of Ninety Thousand Dollars ($90,000) multiplied by the latest State equalization rate for the Town of Wappinger, whichever is less. The Town Board recognizes the contribution that Veterans make to the quality of life for the residents of the Town of Wappinger and the Town Board determines that it is appropriate to acknowledge this contribution in the form of real property tax relief. Consequently, the Town Board has determined that to the extent that additional real property tax relief is authorized by the New York State Legislature for Veterans, the Town of Wappinger is best served by providing such additional relief. Section III: Town Code of the Town of Wappinger, Article III "Veteran's Exemption", Chapter 221-8 "Maximum Tax Exemptions" is amended to read as follows: "ARTICLE III Veteran's Exemption 221-8. Maximum Tax Exemptions. Pursuant to the authority set forth in the New York State Real Property Tax Law §458-a (2) (d) (ii), the maximum tax exemptions allowable to Veterans shall be increased as follows: A. The exemption for qualifying residential real property shall not exceed Twenty Seven Thousand Dollars ($27,000), or the product of Twenty Seven Thousand Dollars ($27,000) multiplied by the latest State equalization rate for the Town of Wappinger, whichever is less. B. In addition to the exemption provided in subdivision (A) of this section, where a Veteran served in the combat theatre or combat zone of operations, as documented by the award of the United States Campaign Ribbon or Service Medal, the additional exemption for qualifying residential real property shall not exceed Eighteen Thousand Dollars ($18,000), or the product of Eighteen Thousand Dollars ($18,000) multiplied by the latest State equalization rate for the Town of Wappinger, whichever is less. O:\WAPPINGE\Town Board\LOCAL LAW\Veterans\VETTaxIncrease\Law-Resol-Hearing.doc Final: February 7, 2003 C. In addition to the exemptions provided in subsections (A) and (B) of this section where the Veteran received a compensation ratings from the United States Veterans Administration or from the United States Department of Defense because of a service -connected disability, the additional exemption for qualified residential real property shall not exceed Ninety Thousand Dollars ($90,000) or the product of Ninety Thousand Dollars ($90,000) multiplied by the latest State equalization rate for the Town of Wappinger, whichever is less. 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 and shall be deemed retroactive from January 1, 2003. 0AWAPPINGE\Town Board\LOCAL LAW\Veterans\VETTaxlncrease\Law-Resol-Hearing.doc Final: February 7, 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.___13____________________________ of 20 03__ of the ( )(Town)( of----WaPpin gtT______________________________________________ was duly passed by the --------Town-J3QaLr------------------ on-Fab_.__2_4----- 20 Q!, in accordance with the applicable provisions of law. !Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20 ------ of the (County)(City)(Town)(Village) of_________________________________________________________________ was duly passed by the ------------------------------------------------ on ___ , 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 (County)(City)(Town)(Village) of_________________________________________________________________ was duly -passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the ------------------------------------------------- on ------------------- 20----. Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on __________________ 2a___ , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20--____ of the (County) (City)(Town) (Village) of_________________________________________________________________ was duly passed by the --------------------------------------------------- on __________________ 20____ , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the __________________________________________________ on ------------------ 20 Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of __________________ 2a--- , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (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 -----L-----, above. o A „ (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Dutcbess 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. P. ROBERTS Attorney to the Town Tide y W Town Ymqe /_lt� p3 of_Clappinger Date: (3) Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. IOU 7 of --- WaPpzLnger------------------------------------------------------------------------ own l Local Law No.Jt1_______________________________ of the year 20_Q3__ A local law __ entitled__'Lntal_J,.awAt. __ Vit 1 ______Q£_the_ Year _2UO3,_ Authorizing a Partial rra.,ea rt(e; Real_ Property Tag_Ezejnption for Volunteer Firefighters" Be it enacted by the -------------- Town -Board _ __ of the ------------ ------------------------------------------------------ (Name ofL egisfative Body) yyffft ENX T of ------ Wap�inger-- - 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. I i/99) (1) LOCAL LAW NO. #1 OF THE YEAR 2003 A Local Law entitled "Local Law No. #1 of the Year 2003, Authorizing a Partial Real Property Tax Exemption for Volunteer Firefighters". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger Local Law No. ill of 2003 entitled "Local Law No. j1— of the Year 2003, Authorizing a Partial Real Property Tax Exemption for Volunteer Firefighters". Section II: Legislative Intent and Purpose: It has come to the attention of the Town Board of the Town of Wappinger that the New York State Legislature has amended Real Property Tax Law by adopting Section 466-c which authorizes a partial real property tax exemption for volunteer firefighters to the extent of ten percent (10%) of the assessed value of real property owned by an enrolled member of a volunteer fire company not to exceed Three Thousand Dollars ($3,000.00) multiplied by the latest State Equalization Rate for the assessing unit in which the real property is located. The Town Board acknowledges the great contribution volunteer firefighters make to the quality of life for the residents of the Town of Wappinger and the Town Board determines that it is appropriate to recognize this contribution in the form of real property tax relief. Accordingly, the Town Board has determined that to the extent that additional real property tax relief is authorized by the New York State Legislature for volunteer firefighters, the Town of Wappinger is best served by providing such additional relief. A new Article VI to Chapter 221 of the Town Code shall be created and adopted to implement the provisions of this Local Law. This Local Law shall authorize a partial real property tax exemption for volunteer firefighters to the extent of ten O:\WAPPfNGE\Town Board\LOCAL LAW\Firemen-TaxExemption\Law-Resol-Hearing.doc percent (10%) of the assessed value of such property, such exemption will not exceed Three Thousand Dollars ($3,000.00) multiplied by the latest State Equalization Rate for the assessing unit in which the real property is located. Section III: This Local Law No. #1 of 2003 hereby establishes and creates a new Article VI to Chapter 221 "Taxation" of the Code to the Town of Wappinger as follows: "ARTICLE VI Volunteer Firefighters Exemption Section 221-19: PURPOSE. The purpose of this Article is to grant a partial exemption from taxation to the extent of ten percent (10%) of the assessed valuation of real property, not to exceed Three Thousand Dollars ($3,000.00) multiplied by the latest State Equalization Rate for real property owned by volunteer firefighters in accordance with the provisions of Chapter 435 of the Laws of 2002 creating §466-c of the Real Property Tax Law. Section 221-20: DEFINITIONS. The Town hereby adopts and implements the amendments and definitions contained in §466-c of the Real Property Tax Law as implemented by Chapter 435 of the Laws of 2002. Section 221-21. TAX EXEMPTION FOR VOLUNTEER FIREFIGHTERS. Pursuant to the authority set forth in the New York State Real Property Tax Law §466-c, real property owned by an enrolled member of an incorporated volunteer fire company or volunteer fire department or such enrolled member and spouse residing in the Town of Wappinger shall be exempt from taxation to the extent of ten percent (10%) of the assessed valuation of real property, exclusive of special assessments, said exemption not to exceed Three Thousand Dollars ($3,000.00) . multiplied by the latest State Equalization Rate for the assessing unit in which such real property is located. Section 221-22. ELIGIBILITY REQUIREMENTS. Such exemption shall be not granted to an enrolled member of an incorporated volunteer fire company or volunteer fire department or such enrolled member and spouse residing in the Town of Wappinger unless: O:\WAPPINGE\Town Board\LOCAL LAW\Firemen-TaxExemption\L.aw-Resol-Hearing.doc a. the Applicant resides in the Town of Wappinger and the Town of Wappinger is served by such incorporated volunteer fire company or fire department; b. the property is the primary residence of the Applicant; c. the property is used exclusively for residential purposes, provided, however, that in the event any portion of such property is not used exclusively for the Applicant's residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section; and d. the Applicant has been certified by the authority having jurisdiction for the incorporated volunteer fire company or fire department as an enrolled member of such incorporated volunteer fire company or fire department for at least five (5) years. Section 221-23. ELIGIBILITY FOR LIFETIME EXEMPTION. Any enrolled member of an incorporated volunteer fire company or fire department who accrues more than twenty (20) years of active service and is so certified by the authority having jurisdiction of same shall be granted the ten percent (10%) exemption as authorized by this section for the remainder of his or her life as long as his or her primary residence is located within the Town of Wappinger. Section 221-24. PROCEDURE AND APPLICATION. Application for such exemption shall be filed with the Assessor to the Town of Wappinger. Attached to the Application must be a certification by the authority having jurisdiction for the incorporated volunteer fire company or fire department that the Applicant has been an enrolled member of such incorporated volunteer fire company or fire department for at least five (5) years. The Application shall contain the following information: (a) full name, including spouse, and address of Applicant; (b) tax grid number; (c) name and address of the incorporated volunteer fire company or volunteer fire department; (d) date of initial enrollment and years of continuous service; and (e) certification by authority having jurisdiction for the incorporated volunteer fire company or volunteer fire department that the Applicant is an enrolled member of such incorporated volunteer fire company or volunteer fire department. Section 221-25. PRIOR BENEFITS. No Applicant who is a volunteer firefighter who by reason of such status is receiving any benefit under the provisions of this Article on the effective date of the section shall suffer any diminution of such benefit because of the provisions of this section." O:\WAPPINGE\Town Board\LOCAL LAW\Firemen-TaxExemption\Law-Resol-Hearing.doc 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 z to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section VI: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law and shall be deemed retroactive to January 1, 2003. 0:\WAPPINGE\Town Board\LOCAL LAW\Firemen-TaxExemption\Law-Resol-Hearing.doe (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.A-1 ------------------------------ of 2003 -- of the ( (Town) of --- WAP-FIU&ex______________________________________________ was duly passed by the ----Town__Board---------------------------- on _Tab_:__2.4_:__ ":20 -03, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20-_____ of the (County)(City)(Town)(Village) of_________________________________________________________________ was duly passed by the ----------------------------------------------- on ------------------ 20 ___ , and was (approved)(not approved)(repassed after (Name of 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 (Cou nty)(Ci ty) (Town) (Village) of_________________________________________________________________ was duly -passed by the --------------------------------------------------- on ------------------ 20----, and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the_________________________________________________ on___________________ 20____ . Such local law was submitted (Elective Chief Executive Officer•) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on __________________ 20.___ , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was tiled requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20 ------ of the (County)(City)(Town)(Village) of_________________________________________________________________ was duly passed by the ___________________________________________________ on ------------------ 20____ , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the__________________________________________________ on __________________ 20 --- . Such local law was subject to (Elective Chief E.cecutive Officer-) 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. 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 qualifie&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. e Cler be sla ttive body, City, To r Village Clerk or officer designated by local legislative body GLORIA MO ', Town � k (Seal) Date: ee (Certification to he executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto A P. ROBERTS Attar ev to the Town Ttde cmay ik of -- Wappinger Town NRW - Date: 3 (3) Local Law Filing T 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. Wq of---- Wappinger---- - - ------------- - Town -- - ---------- ----- - ----------------- VMW Local Law No.# _________________________________ of the year 20.03__ A local law ___ entitled "Local Law_ No. #2 of the Year 2003, Amending_ the Real (1—n Titre) -_-Prgperty__Taz_Exemption_for- Senior_Citizens" Be it enacted by the -------- Board---------------------------------------------------------------- of the (Name u%i egislative Body) CAMWY TCAX of-----------Wapyinger-------------------------- ------ as follows: own - --------------------------- e TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -?39 (Rev. 11!99) 01) LOCAL LAW NO. #2 OF THE YEAR 2003 A Local Law entitled "Local Law No. #2 of the Year 2003, Amending the Real Property Tax Exemption for Senior Citizens." 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. jt2 of 0 2003, entitled "Local Law No. #2 of the Year 2003, Amending the Real Property Tax Exemption for Senior Citizens". Section II: Legislative Intent and Purpose: It has come to the attention of the Town Board of the Town of Wappinger that the New York State Legislature, pursuant to §467 of the Real Property Tax Law, authorizes local municipalities to exclude the income collected by senior citizens classified as Veteran's Disability Compensation as defined in Title 38 of the U.S. Code when determining income level eligibility requirements. The Town Board acknowledges the great contribution made by those senior citizens who collect Veteran's Disability Compensation to the quality of life for the residents of the Town of Wappinger and the Town Board determines that it is appropriate to recognize this contribution in the form of real property tax relief. The Town Board has further determined that it is in the best interest of the citizens of the Town of Wappinger to amend the Town Code in order to implement the tax. exemption authorized by the Legislature for sibling owners of real property who reside together, one of whom is sixty-five years of age or over. Accordingly, it has been determined that to the extent that additional real property tax relief is authorized by the New York State Legislature for senior citizens who collect Veteran's Disability Compensation, O:\WAPPINGE\Town Board\LOCAL LAW\SrCitizen\2003\Law-Resol-Hearing.doc FINAL — February 7, 2003 and senior citizen sibling owners of real property who reside together the Town of Wappinger is best served by providing such additional relief. Article I of §221-2 of the Town Code shall be amended to implement the provisions of this Local Law. This Local Law authorizes the Assessor to exclude Veteran's Disability Compensation from the deternzination of the income eligibility level pursuant to §467 of the Real Property Tax Law as well as to allow senior citizen sibling owners of real property who reside together to be exempt from Town taxes to, the maximum extent of Fifty Percent (50%) of the assessed valuation thereof. Section III: This Local Law No. jZ of 2003 hereby amends Article I to Chapter 221 "Taxation" of the Code to the Town of Wappinger as follows: "ARTICLE I: Senior Citizen Exemption Section 221-2 Tax Exemption Real property owned by one or more persons, each of whom is sixty-five (65) years of age or over, or real property owned by husband and wife or by siblings, one of whom is sixty-five years of age or over, shall be exempt from town taxes to the extent of Fifty Percent (50%) of the assessed valuation thereof, subject to the following conditions: a. The owner or all of the owners of such real property must file an application on forms provided by the Board of Real Property Services in the Assessor's Office on or before the lst of May of each year or at such date as may be hereafter fixed by law. b. In order to be eligible for a Fifty Percent (506/o) tax exemption, the income of the owner or the combined income of the owners of the property shall not and may not exceed the sum of Twenty Thousand Five Hundred Dollars ($20,500) for the income tax year immediately preceding the date of making the application for exemption. The "income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the preceding calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such income. Such income shall include social security and O:\WAPPINGE\Town Board\LOCAL LAW\SrCitizen\2003\Uw-Resol-Hearing.doc FINAL — February 7, 2003 retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset which may be off set by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings and net income from self- employment, but shall not include a return of capital, gifts, inheritances, payments made to individuals because of their status as victims of Nazi persecution, as defined in P.L. 103-286 or monies earned through employment in the federal foster grandparent program and any such income shall be offset by all medical and prescription drug expenses actually paid which were not reimbursed or paid for by insurance. Such income shall also not include Veteran's Disability Compensation, as defined in Title 38 of the U.S. Code. In computing net rental income and net income from self-employment no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income." Section 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\SrCitizen\2003\Law-Resol-Hearing.doc FINAL — February 7, 2003 (Complete the certification in the paragraph that applies to the riling 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._________A2_______________________ of 200.3___ of the )(Town)() of --- WaPPinge=----------------------------------------------- was duly passed by the -T-earn-$oa-d_------------------------------ on--Feb_2/A------ 2003_ in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20-_____ of the (County)(City)(Town)(Village) of_________________________________________________________________ was duly passed by the ------------------------------- --- , 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 (County)(City)(Town)(Village) of________________________________________________________________ was duly passed by the --------------------------------------------------- on ------------------ 20 ---- , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the _________________________________________________ on___________________ 20----. Such local law was 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)(annua1) election held on__________________ 20.___ , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20 ------ of the (County)(City)(Town)(Village) of_________________________________________________________________ was duly passed by the --------------------------------------------------- on ------------------ 20____ , and was (approved)(not approved)(repassed after (Name of Legislative Bodv) disapproval) by the --------------------------------------------------20 ___ , Such local law was subject to (Elective Chief Executive Officer•) permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20.___ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected or, 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) r 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of of the City of --------------------------------------------- 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 -----L-----, above. Clerk of the bounty legislative y Ity, Tov or Village Clerk or officer designated by local I gis tive body l/ GLORIA 0 E, To Cl rk (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF n"tCbeSS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all prover oroceedintn have been ha'd or taken for the enactment of tt L ALBERT P. ROBERTS Attorney to Town Title fmft ,Ifiqx of Wappinger own Date: a (3)