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2002-04-22 RGM
AGENDA TOWN BOARD TOWN OF WAPPINGER APRIL 22, 2002 7:30 P.M. • CALL TO ORDER • ROLL CALL, SALUTE TO THE FLAG • PUBLIC HEARING (1) (1) Proposed LL Amending Fees of Zoning Law • RECEIPT & APPROVAL OF MINUTES: 2/25/02 RGM ---- 3/11/02 WS • SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS • PRESENTATION /PETER CHERNEFF/ATTORNEY FOR CRANBERRY AGENDA ITEMS • CORRESPONDENCE LOG 2002CL- 0225 TO 2002CL-0309 • PROPOSED RESOLUTIONS • R2002-64 Approve Purchase Two Additional Computers Senior Center • R2002-121 Approve Road name in Hilltop Business Center as "Bill Horton Way„ • R2002-122 Introduce LL Amending T/W Zoning Code Definition of Building Height and Driveway Specifications • R2002-126 Introduce LL Amending T/W Vehicles & Traffic Code Designating Stop Intersection. • R2002-127 Authorize TB of Assessment Review to Attend Train Confer. • R2002-128 Authorize Disposal of Excess Highway Material • R2002-129 Authorize Payment for Community Day Fireworks • R2002-131 Award Contract for Highway Dep't Equipment Rental • R2002-132 Authorize Refund of Unused Subdivision Escrow Funds from Emsley Subdivision Section II • R2002-133 Authorize Reduction of Tax Settlement • R2002-134 Authorize Renaming of Barnes Road to Barrister's Row • R2002-135 Authorize Highway Superintendent Attend Training Course • R2002-136 Resolution Against Proposed Increase in Local Government Records Management Improvement Fund • R2002-137 Authorize Att'y to Town Investigate Government Funding to Supplement the Costs of Ground Water Pollution Remediation in Wappingers Park Water District • R2002-138 Authorize Placement of Correspondence Log • R2002-140 Adopt Local Law Amending Section 240-110 Fees of the Zoning Law • R2002-141 Authorize Town Engineer Prepare Plans & Specs for Smithtown Road Realignment • R2002-142 Resolution Appointing Recreation Director • R2002-143 Award Ambulance Service Contract to Sloper Willen • R2002-144 Authorize Reclassification of Laborers to Recreation Dep't • R2002-145 Authorize Application for NYSDEC Automated Licensing System (DECALS) • R2002- 146 Authorize Negotiations for Purchase of Land Located on Smithtown Road for Highway Widening Purposes R2002=147 AUTHORIZING EMERGENCY REPAIRS TO TOWN HALL • NEW BUSINESS • COMMENTS • ADJOURNMENT 04/22/2002.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on April 22, 2002 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. SUPERVISOR RUGGIERO opened the meeting at 7:32 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 Dan Wery, Town Planner Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag. RECEIPT & APPROVAL OF MINUTES The Minutes of the Regular Meeting of February 25, 2002 and Workshop Meeting of March 11, 2002 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 VALDATI Motion Unanimously Carried SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS. COUNCILMAN BETTINA moved to suspend the rules for purposes of public comment on agenda items. Seconded by COUNCILMAN COLSEY Motion Unanimously Carried PRESENTATION: PETER CHERNEFF, ATTORNEY FOR CRANBERRY HILLS, LLC. Mr. Cherneff introduced Simon Little the owners representative, John Kellard, the project engineer, George Gaspar, the architect, and Richard O'Rourke of the firm of Keane and Beam, who is serving as co -council with Mr. Chernef£ As noted, Cranberry has made a written request to grant authority to the Planning Board to approve a conservation cluster sub -division. The initial application that is presently pending was made to the Planning Board approximately two years ago. It has been under consistent review by the Planning Board for the last two years. The original application was approved by the Planning Board in 1983 as a 550 unit subdivision. The project was never built at that time because there was no water available to serve the subdivision. They have now come in to reapply for 232 lots. They would be all single family lots. Their layout provides quite a bit of open space, which will remain undeveloped. 04/22/2002.RGM After discussion with the Planning Board, the Planning Board suggested that the space be incorporated to each of the homeowners lots. The open space would be maintained through deed restrictions. Prior to any homeowner purchasing a lot, a deed restriction would be placed that would run in perpetutity that would prevent any development in the open space area. On the issue of recreation, the Planning Board determined that it was preferable to request fees in lieu of provision of land or other facilities. The applicant will pay those fees, but as you will see in their plan they also propose to provide additional recreation facilities. On the issue of road access, the Planning Board has determined that road access should be as shown in the sketch, rather than utilizing a possible connection to Myers Corners Road. At this time John Kellard displayed the plans for the proposed homes, the size of the lots, settings, etc. The size of the complete property is 327 acres and Cranberry is proposing to develop approximately 298 acres. On the original approval back in 1983 there was a 27 acre parcel which was designated to be donated to the school district, which never was, and a 2 acre parcel along the Myers Corners Road access which was to be donated to the Town. In 1983 there was a 4.6 acre parcel on the eastern side of the Myers Corners access which was donated to the Town. Drainage issues were also addressed as well as traffic. The applicant would construct an access road to Myers Corners Road if wanted. Each phase would take two years and they propose to developed it in four phases. George Gaspar displayed renderings of the proposed homes and explained that the cost of the homes would range from $200,000 to $250,000, depending on the lot size. Certain units would fit on certain lots. COUNCILMAN VALDATI wished to know what progress have the Cranberry Associates made regarding the completion of the SEQRA progress. Mr. Cherneff replied that they have been submitting various environmental information throughout the course of their application. They have submitted the last one this week. It is an ongoing process. COUNCILMAN BETTINA wished to know, from Al Roberts, Attorney to the Town if the comments by our professionals had been answered by the applicant? Mr. Roberts responded, "to his knowledge, no!" The Planning Board has not adopted a Negative Declaration of Significance. Town Planner, Dan Wery, explained that in a memo dated April 9, 2002 he was asked for a summarized list of open issues necessary to complete the SEQRA. Issues included, getting the latest Plan and EAF, wet land impacts. COUNCILMAN COLSEY wished to know the status of the school district accepting the land. Mr. Kellard replied if the school district refused the land they would extend the property line of the adjacent lots into that parcel of land and create a conservation easement. COUNCILMAN VALDATI wished to know approximately how much sidewalk will be constructed K 04/22/2002.RGM in the complex. Mr. Kellard replied that there will be 70% of the 19,000 linear feet of roadway. SUPERVISOR RUGGIERO reminded Mr. Cherneff that when we met 18 month or so ago there was an offer made to the town for a contribution to 99-2(R) water improvement project for $1.2 million. Does this offer still stand? Mr. Cherneff announced that they never offered to contribute $1.2 million. What they did offer to do, at a certain point, was to bring the infrastructure that would be necessary to serve this project, and it was estimated that its cost would be approximately its value. They have since been informed by the town that is no longer necessary. Al Roberts, Attorney to the Town explained that there are still a number of issues that must be resolved, such as a sidewalk district and recreation facilities, because that is a special permit by the Town Board. To get to the point where the Planning Board can approve this project as presented, SEQRA would have to be concluded, and the SEQRA decision circulated to all involved agencies of which the Town Board is an involved agency. The Town Board would have to introduce and adopt a local law authorizing the Planning Board to cluster. They can then go forward and adopt the preliminary approval. In other words, the Board cannot act until the Planning Board makes a SEQRA determination. Mr. Cherneff wished to have it go on record of their objection that the Board cannot act until the Planning Board makes a SEQRA determination. At this time 8:35 p.m. SUPERVISOR RUGGIERO wished to go into Executive Session to get an update on the status of a legal issue regarding the accident at town hall last week. COUNCILMAN BETTINA moved to go into Executive Session, seconded by Councilman Colsey and unanimously carried.. The meeting reconvened at 9:02 p.m. with all board members present. There was no action taken at Executive Session. CORRESPONDENCE LOG 2002 -CL — 0225 TO 2002 -CL — 0309 ( SEE ATTACHED SHEETS) COUNCILMAN PAOLINI wished to remove Correspondence 2002- 228 from the Correspondence Log for discussion. The correspondence was received from Marilyn Paine-Boracci of 5 Glenbrook Court in regard to a bullet that she found on her window sill. The bullet hit the outside vinyl trim of the window, went through the screen, put small scratch on the window and dropped down onto the sill. Mrs. Boracci called the State Police and they went over to the shooting range to inquire. Mrs. Boracci did not know how long the bullet was on her window sill, because the window had not been open since last summer. Her neighborhood has had problems in the past with stray bullets from the firing range, but she is not blaming them, because there is no evidence. She feels Dutchess is becoming too populated to have open ranges and 3 04/22/2002.RGM hunters shooting in people's backyard. She is requesting the laws be looked into by the town which approved her neighborhood to be built. She feels the laws are old and need to be changed as Dutchess becomes more populated. SUPERVISOR RUGGIERO explained that the only thing she did request was the 500 feet rule in regard to discharging firearms. SUPERVISOR RUGGIERO contacted Al Roberts, Attorney to the Town and was informed that the 500 feet rule is a State law. Because it is a State law there is nothing the Town can do to increase the distance. Right now there is nothing we can do. Discussion followed. COUNCILMAN PAOLONI moved to authorize the Town Patrol to patrol the Gun Club in order to enforce the Noise Ordinance. Seconded by COUNCILMAN COLSEY Motion Unanimously Carried PROPOSED RESOLUTIONS RESOLUTION NO. 138 2002 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Mr. Paoloni. BE IT RESOLVED, that the 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 Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-64 RESOLUTION TO APPROVE THE PURCHASE OF TWO ADDITIONAL COMPUTERS FOR SENIOR CENTER The following Resolution was introduced by COUNCILMAN COLSEY and seconded by COUNCILMAN PAOLONI WHEREAS, the Town Board wishes to continue upgrading the computers at the Senior Center. NOW, THEREFORE, BE IT RESOLVED, that the payment is approved in an amount not to exceed Two Thousand Dollars ($2,000.00) from Account A-7620.4 for the purchase of two (2) Dell computers for use in the Senior Center, purchased through the New York State Office of General Services Bid; and M 04/22/2002.RGM BE IT FURTHER RESOLVED, that payment is approved in an amount not to exceed Three Thousand Dollars ($3,000.00) from Account A-7620.4 for the purchase of Microsoft software for the above referenced computers in the Senior Center. Voting Aye The foregoing was put to a vote which resulted as follows: Aye JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye .► VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-121 RESOLUTION NAMING THE ROAD LOCATED IN THE HILLTOP BUSINESS CENTER AS BILL HORTON WAY The following Resolution was introduced by COUNCILMAN PALONI and seconded by COUNCILMAN BETTINA WHEREAS, in order to comply with the Dutchess County Enhanced 9-1-1 Response Program, the Town must name public and private roads within the Town; and WHEREAS, James Tompkins from the Dutchess County E-9-1-1 Addressing Unit has contacted the Fire Inspector to the Town of Wappinger, Mark Liebermann, in reference to formally name the road recently constructed in the Hilltop Business Center. NOW, THEREFORE, BE IT RESOLVED, that the private road located in the Hilltop Business Center is hereby named Bill Horton Way for all purposes. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. SUPERVISOR RUGGERIO wished to table Resolution No. 2002- 122 to a workshop for further discussion. RESOLUTION NO. 2002-126 RESOLUTION INTRODUCING LOCAL LAW AMENDING THE TOWN OF WAPPINGER VEHICLES AND TRAFFIC CODE DESIGNATING STOP INTERSECTIONS The following resolution was introduced by COUNCILMAN VALDATI and seconded by COUNCILMAN BETTINA WHEREAS, the Town has received a letter from Mr. and Mrs. Frank Alfano who reside on Brothers Road concerning the lack of a stop sign at the end of Dose Road; and 6' 04/22/2002.RGM WHEREAS, the Town has been contacted by the State Police regarding the lack of a stop sign on Shale Drive where it intersects Montfort Road; and WHEREAS, the Superintendent of Highways to the Town of Wappinger, Graham Foster, has recommended the installation of stop signs at the east end of Dose Road where it intersects with Brothers Road, at the west end of Dose Road where it intersects with Brothers Road, at the west end of Gold Road where it intersects with Brothers Road, and at the east end of Shale Drive where it intersects with Montfort Road; and WHEREAS, the Town Board has determined that it is in the best interest of the public health, welfare and safety of the citizens of the Town of Wappinger to designate and formally establish the aforementioned full stop intersections; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED: 1. The Town Board hereby introduces for adoption Local Law No._ of 2002 in the form annexed hereto. 2. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or Pursuant to 6 NYCRR Parts (17). BE IT HEREBY FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of 2002 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 28th day of May, 2002, at 7:30 p.m., and that the Town Clerk be directed to post and publish Notice of the Public Hearing in the form annexed hereto. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. COUNCILMAN PAOLONI moved to notify residents of the upcoming Public Hearing. Seconded by COUNCILMAN BETTINA Motion Unanimously Carried RESOLUTION NO. 2002-127 9 04/22/2002.RGM RESOLUTION TO AUTHORIZE THE TOWN BOARD OF ASSESSMENT REVIEW TO ATTEND TRAINING CONFERENCE The following Resolution was introduced by COUNCILMAN BETTINA and seconded by COUNCILMAN VALDATI WHEREAS, the Town has been notified by the Dutchess County Real Property Tax Service Agency that it will host Board of Assessment Review Training sessions on May 7 and 8, 2002 at the Cornell Cooperative Extension site (Farm and Home Center) in Millbrook, New York. NOW, THEREFORE, BE IT RESOLVED, that the members of the Town of Wappinger Board of Assessment Review are hereby authorized to attend the training course to be held on May 7, 2002 at 1:00 p.m. to 5:00 p.m. or May 8, 2002 at 5:00 p.m. to 9:00 p.m. at the Cornell Cooperative Extension site (Farm and Home Center) in Millbrook, New York in accordance with the letter dated April 2, 2002 from Stephen D. Curran, Director of the Dutchess County Real Property Tax Service Agency, to Linda Tasadfoy, Assessor to the Town of Wappinger. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-128 RESOLUTION TO AUTHORIZE THE DISPOSAL OF EXCESS HIGHWAY MATERIAL The following Resolution was introduced by COUNCILMAN VALDATI and seconded by COUNCILMAN BETTINA. WHEREAS, the Town of Wappinger Highway Department creates excess material during the normal course of maintaining the Town's infrastructure; and WHEREAS, the need has arisen to dispose of said excess highway material. NOW THEREFORE, BE IT RESOLVED, that in accordance with the letters dated April 4, 2002 and April 17, 2002 from Graham Foster to Hon. Joseph Ruggiero, the Town Board hereby declares that the wood chips, grass clippings and leaves that are reduced to compost by the Highway Department has no fair and reasonable market value and therefore Graham Foster, the Superintendent of Highways of the Town of Wappinger, is hereby authorized to dispose of said material by allowing residents of the Town of Wappinger to haul said material away at no charge; and 7 04/22/2002.RGM BE IT FURTHER RESOLVED, that in accordance with the letters dated April 4, 2002 and April 17, 2002 from Graham Foster to Hon. Joseph Ruggiero, the Town Board hereby declares that the excess run of trench material that is left over from excavation projects has no fair and reasonable market value and therefore Graham Foster, the Superintendent of Highways of the Town of Wappinger, is hereby authorized to dispose of said material by allowing residents of the Town of Wappinger to haul said material away at no charge; and BE IT FURTHER RESOLVED, that in accordance with the letter letters dated April 4, 2002 and April 17, 2002 from Graham Foster to Hon. Joseph Ruggiero, the Town Board hereby declares that the firewood from tree cutting by force account labor has no fair and reasonable market value and therefore Graham Foster, the Superintendent of Highways of the Town of Wappinger, is hereby authorized to dispose of said material by allowing residents of the Town of Wappinger to haul said material away at no charge; and BE IT FURTHER RESOLVED, that in accordance with the letters dated April 4, 2002 and April 17, 2002 from Graham Foster to Hon. Joseph Ruggiero, the Town Board hereby declares that millings from blacktop projects have no fair and reasonable market value and therefore Graham Foster, the Superintendent of Highways of the Town of Wappinger, is hereby authorized to dispose of said material by allowing residents of the Town of Wappinger to haul said material away at no charge; and BE IT FURTHER RESOLVED, that in accordance with the letters dated April 4, 2002 and April 17, 2002 from Graham Foster to Hon. Joseph Ruggiero, the Town Board hereby declares that road sweepings have no fair and reasonable market value and therefore Graham Foster, the Superintendent of Highways of the Town of Wappinger, is hereby authorized to dispose of said material by allowing residents of the Town of Wappinger to haul said material away at no charge; and BE IT FURTHER RESOLVED, that in accordance with the letters dated April 4, 2002 and April 17, 2002 from Graham Foster to Hon. Joseph Ruggiero, the Town Board hereby declares that discarded road signs have no fair and reasonable market value and therefore Graham Foster, the Superintendent of Highways of the Town of Wappinger, is hereby authorized to dispose of said material by allowing residents of the Town of Wappinger to haul said material away at no charge. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye 04/22/2002.RGM The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-129 RESOLUTION TO AUTHORIZE PAYMENT FOR COMMUNITY DAY FIREWORKS The following Resolution was introduced by COUNCILMAN COLSEY and seconded by COUNCILMAN BETTINA WHEREAS, the Recreation Committee desires to hire Legion Fireworks Co., Inc. for a firework display on Community Day to be held on September 8, 2002, with a rain date of September 15, 2002. NOW, THEREFORE, BE IT RESOLVED, payment is approved in the amount of Two Thousand, Two Hundred and Fifty Dollars ($2,250.00) made payable to Legion Fireworks Co., Inc. from Recreation Account No. A-7140.4 for a fireworks display on Community Day to be held on September 8, 2002, with a rain date of September 15, 2002, in accordance with the letter dated April 8, 2002 from Ralph J. Holt, Chairman of the Recreation Committee to the Town of Wappinger, to Town Board Members. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 131-2002 RESOLUTION AWARDING CONTRACT FOR HIGHWAY DEPARTMENT EQUIPMENT RENTAL The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by COUNCILMAN COLSEY. WHEREAS, Town of Wappinger Highway Superintendent, Graham Foster, by letter dated April 8, 2002 has recommended that the Contract for the supply of rental machinery and equipment for use by the Highway Department be awarded to Clove Excavators, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Contract for the supply of rental of machinery and equipment for use by the Highway Department is hereby awarded to Clove Excavators, Inc. with an office at Route 216, Poughquag, New York; and BE IT FURTHER RESOLVED, the schedule of fees to be paid to Clove Excavators, Inc. for the rental of machinery and equipment is listed on the "Equipment Price List 2002" issued by Clove Excavators, Inc., a copy of which is attached hereto. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor ROBERT L. VALDATI, Councilman VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman CHRISTOPHER J. COLSEY, Councilman 04/22/2002.RGM Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye RESOLUTION NO. 2002-132 RESOLUTION AUTHORIZING REFUND OF UNUSED SUBDIVISION ESCROW FUNDS FROM EMSLEY SUBDIVISION SECTION II The following Resolution was introduced by COUNCILMAN VALDATI and seconded by COUNCILMAN COLSEY. WHEREAS, there remains an escrow balance for the Emsley Subdivision Section II, Application No. 01-5041, in the amount of Eight Hundred and Forty Four Dollars and Twenty Cents ($844.20); and WHEREAS, the Applicant, Joseph Emsley, has requested the return of the escrow balance in a letter dated April 3, 2002 addressed to Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Eight Hundred and Forty Four Dollars and Twenty Cents ($844.20) made payable to Joseph Emsley for the Emsley Subdivision Section II, Application No. 01-5041 for the refund of the unused escrow funds deposited for professional review of this Subdivision Application. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-133 AUTHORIZE REDUCTION OF TAX SETTLEMENT The following Resolution was introduced by COUCILMAN VALDATI and seconded by COUNCILMAN BETTINA. 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 seeding 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 $700,00; and (ii) in tax year 10 04/22/2002.RGM 2002 from $1,150,000. to $650,000; and further contingent upon the discontinuance of the proceedings pending for tax year 1999. NOW, THEREFORE, BE IT RESOLVED, that Emanuel F. Saris, Special Counsel 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. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-134 RESOLUTION TO AUTHORIZE THE RENAMING OF BARNES ROAD TO BARRISTER'S ROW The following Resolution was introduced by COUNCILMAN BETTINA and seconded by COUNCILMAN COLSEY. WHEREAS, Frederick D. Romig has requested that Barnes Road be renamed to Barrister's Row. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby renames Barnes Road to Barrister's Row in accordance with the written request dated March 20, 2002 from Frederick D. Romig to Hon. Joseph Ruggiero; and BE IT FURTHER RESOLVED, that Mark Liebermann, Fire Inspector to the Town of Wappinger, is hereby directed to renumber the properties along Barrister's Row accordingly; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to notify the Dutchess County Enhanced 911 program of said road name change; and The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-135 RESOLUTION AUTHORIZING HIGHWAY SUPERINTENDENT TO ATTEND TRAINING COURSE The following Resolution was introduced by COUNCILMAN VALDATI and seconded by COUNCILMAN COLSEY. 11 04/22/2002.RGM WHEREAS, the Town Board wishes to authorize Graham Foster, Superintendent of Highways to the Town of Wappinger, to attend training at the annual Association of Towns Highway School in Ithaca, New York on June 3, 4 and 5, 2002. NOW, THEREFORE, BE IT RESOLVED, that Graham Foster, Superintendent of Highways to the Town of Wappinger, is hereby authorized to attend training at the annual Association of Towns Highway School in Ithaca, New York on June 3, 4 and 5, 2002 at a cost not to exceed Six Hundred Dollars ($600.00). The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-136 RESOLUTION AGAINST THE PROPOSED INCREASE IN THE LOCAL GOVERNMENT RECORDS MANAGEMENT FUND The following Resolution was introduced by COUNCILMAN VALDATI and was seconded by COUNCILMAN PALONI. WHEREAS, the Governor has proposed to remove certain offices overseeing Cultural Education from the New York State Education Department, incorporating these in an entirely new Institute for Cultural Education; and WHEREAS, in order to fund this Institute; including the State Archives, State Library, State Museum and State Office for Public Broadcasting, New York State will need to raise millions of dollars in capital investment and plans to do this by quadrupling the present five dollars collected by all County Clerks and the Register of the City of New York on all recorded, indexed and entered documents to twenty dollars, effective July 1, 2002; and WHEREAS, the Local Government Records Management Improvement Fund was created in 1989 to support grants and technical assistance to local governments to improve and enhance the management of their records and information; and WHEREAS, said fee increase would provide no improvement in service for taxpayers paying the fee nor any additional benefits to the local government that must collect said fee increase; and WHEREAS, no demonstrated benefit has been identified in the relocation of these functions to the proposed Institute, in contrast to the highly effective and beneficial relationships that local government now enjoy with the New York State Education Department; now be it hereby 12 04/22/2002.RGM RESOLVED, by the Town Board, Town of Wappinger, Dutchess County, New York, that this body stands firmly opposed to this proposal; and be it further RESOLVED, that a copy of this resolution be delivered to the Governor, the New York State Legislature and all others deemed necessary and proper, and we urge them to likewise oppose this proposal. 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 JOSEPH PAOLONI, Councilman Voting Aye CHRISTOPHER, COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-137 RESOLUTION AUTHORIZING ATTORNEY TO TOWN TO INVESTIGATE GOVERNMENT FUNDING TO SUPPLEMENT THE COSTS OF GROUND WATER POLLUTION REMEDIATION IN THE WAPPINGERS PARK WATER DISTRICT The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by COUNCILMAN COLSEY. WHEREAS, the Town Board has been notified by CAMO Pollution Control, Inc., by letter dated April 4, 2002 from Michael P. Tremper to Joseph Ruggiero, Town of Wappinger Supervisor, that low levels of MTBE have been detected during the water quality sampling at the Wappingers Park Wells; and WHEREAS, results of the recent water quality testing in the Wappingers Park Water District indicate that the water supply is not in compliance with drinking water standards for chloride levels; and WHEREAS, the Town Board desires to have Albert P. Roberts, Attorney to the Town of Wappinger, investigate the availability of government funding to supplement the costs of ground water pollution remediation. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes and directs Albert P. Roberts, Attorney to the Town of Wappinger, to contact the N.Y.S. Department of Environmental Conservation or any other governmental agency to investigate the availability of government funding to supplement the costs of ground water pollution remediation in the Wappingers Park Water District. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. 13 04/22/2002.RGM RESOLUTION NO. 2002- 140 RESOLUTION TO AUTHORIZE THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW #7 OF THE YEAR 2002 AMENDMENTS TO REIMBURSEMENT AND PROFESSIONAL FEE PROCEDURES" 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 #7 Of The Year 2002 Amendments to Reimbursement and Professional Fee Procedures" 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 WHEREAS, a Public Hearing was held on April 22, 2002 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, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled "Local Law #7 of The Year 2002, Amendments to Reimbursement and Professional Fee Procedures ", a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED that 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 to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 1412002 RESOLUTION TO AUTHORIZE TOWN ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR SMITHTOWN ROAD REALIGNMENT The following Resolution was introduced by COUNCILMAN VALDATI and seconded by COUNCILMAN PAOLONI. 14 04/22/2002.RGM WHEREAS, the Town desires to straighten a roadway curve located at 178 Smithtown Road; and WHEREAS, 178 Smithtown Road is owned by Mr. Castor Alvarez, Jr.; and WHEREAS, the straightening of said curve necessitates the purchase of land from Mr. Alvarez. NOW, THEREFORE, BE IT RESOLVED, Joseph E. Paggi, Jr., Engineer to the Town of Wappinger, is hereby authorized to prepare plans and specifications for the road realignment near 178 Smithtown Road in the Town The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-142 RESOLUTION APPOINTING RECREATION DIRECTOR The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by COUNCILMAN COLSEY. WHEREAS, the Recreation Director for the Town of Wappinger, Steve Lowery, resigned as of April 1, 2002; and WHEREAS, the Recreation Committee interviewed numerous applicants for the position; and WHEREAS, the Town Board interviewed the top three (3) candidates recommended by the Recreation Committee. NOW, THEREFORE, BE IT RESOLVED, the Town Board wishes to appoint Cyril J. "Skip" Rottkamp of 57 DeGarmo Hills Road, Wappingers Falls, New York to the permanent part-time position of Recreation Director to the Town of Wappinger Recreation Committee at the annual salary of Twelve Thousand, Five Hundred Dollars ($12,500.00). The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-143 The following Resolution was introduced by COUNCILMAN BETTINA and seconded by COUNCILMAN VALDATI. 15 04/22/2002.RGM WHEREAS, the Town of Wappinger has previously authorized the adoption and creation of the Wappinger Ambulance District; and WHEREAS, the Town of Wappinger, on behalf of the Wappinger Ambulance District, has previously entered into a written Agreement with Sloper-Willen Community Ambulance Service, Inc., to supply ambulance services within the Wappinger Ambulance District. The last such contract was dated February 9, 1998, which Contract terminated December 31, 2001; and WHEREAS, the Town of Wappinger wishes to enter into another Contract with Sloper-Willen Ambulance Service, Inc., for the period January 1, 2002, terminating December 31, 2006, substantially on the same terms and conditions as set forth in the prior Agreement dated February 9, 1998. NOW THEREFORE BE IT RESOLVED, that the Town of Wappinger hereby awards the Contract to provide ambulance services to the Wappinger Ambulance District to Sloper-Willen Community Service, Inc., substantially on the same terms and conditions as set forth in the written Agreement dated February 9, 1998 by and in between Sloper-Willen Community Ambulance Service, Inc. and the Town of Wappinger, which Agreement terminated December 31, 2001. BE IT FURTHER RESOLVED, that Supervisor Joseph Ruggiero is hereby authorized and directed to execute a new Contract on behalf of the town of Wappinger, for the term effective January 1, 2002, terminating December 31, 2006, substantially on the same terms and conditions and substantially in the same format as the prior Agreement dated February 9, 1998 between the Town of Wappinger on behalf of the Wappinger Ambulance District and Sloper-Willen Community Ambulance Service, Inc. BE IT FURTHER RESOLVED, that Albert P. Roberts, Attorney to the Town of Wappinger, is authorized to draft and/or review a Contract in accordance with the terms and conditions stated herein. SUPERVISOR RUGGIERO said it should be noted in the record that Sloper- Willen is going to change the contract by adding a new service to their contract for Town of Wappingers residents. Under medical necessity, and by prescription of a doctor, residents of the Town of Wappinger will get ambulance transportation at no cost to residents. Sloper-Willen will also have 3 ambulances available to the Town in service and a fourth as a backup at the East Fishkill town line. Alamo proposals would provide two ambulances. Sloper-Willen turns over $60,000 a year in rent back to the town and the town would pay out $219,000 then the $60,000 comes back to the town. The Alamo contract would require that we pay them $75,000 and provide them with a garage. When it was all worked out, Sloper- Willen offered us more. The foregoing was put to a vote which resulted as follows: 16 04/22/2002.RGM JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-144 RESOLUTION AUTHORIZING THE RECLASSIFICATION OF LABORERS TO RECREATION DEPARTMENT The following Resolution was introduced by COUNCILMAN VALDATI and seconded by COUNCILMAN PAOLONI. WHEREAS, the Town of Wappinger Recreation Department employ laborers to work at Town parks and recreational fields; and WHEREAS, the Town of Wappinger Recreation Committee has recommended that the pay scale for a laborer working for the Recreation Department be reclassified from a Grade 2 position to Grade 4 position. NOW, THEREFORE, BE IT RESOLVED, that laborers employed by the Town of Wappinger Recreation Department shall be classified as a Grade 4 position with a starting annual salary of Twenty One Thousand, Six Hundred and Fifty Dollars ($21,650.00) for a full time position or Eleven Dollars and Eight -Eight Cents ($11.88) per hour for a part time position. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 145 2002 RESOLUTION AUTHORIZING APPLICATION FOR THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVAITON AUTOMATED LICENSING SYSTEM (DECALS) The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by COUNCILMAN BETTINA WHEREAS, The New York State Department of Environmental Conservation is implementing an automated licensing system for the issuance of hunting and fishing licenses; and WHEREAS, the Town must submit an application to the New York State Department of Environmental Conservation for appointment of the Town Clerk as an authorized license issuing agent. 17 04/22/2002.RGM NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby accepts the terms and conditions as set forth and contained in the New York State Department of Environmental Conservation License Issuing Agent Agreement, by and between the New York State Department of Environmental Conservation and the Town of Wappinger, for appointment of the Town Clerk as a qualified license issuing agent for the New York State Department of Environmental Conservation Automated Licensing System; and BE IT FURTHER RESOLVED, that the Clerk of the Town is hereby directed and authorized to execute the License Issuing Agent Agreement, a copy of which is affixed hereto, by and on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 146 2002 RESOLUTION TO AUTHORIZE NEGOTIATIONS FOR PURCHASE OF LAND LOCATED ON SMITHTOWN ROAD FOR HIGHWAY WIDENING PURPOSES The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by COUNCILMAN BETTINA . WHEREAS, the Superintendent of Highways to the Town of Wappinger, Graham Foster, has recommended that the roadway curve located on Smithtown Road near the premises known as 178 Smithtown Road be improved and straightened; and WHEREAS, the straightening of the curve necessitates the purchase of a portion of the property known as 178 Smithtown Road and may possibly also require the purchase of additional lands and/or grading easements of properties adjacent to 178 Smithtown Road. NOW, THEREFORE, BE IT RESOLVED, that Joseph E. Paggi, Jr., Engineer to the Town of Wappinger, is hereby authorized to prepare the metes and bounds description of those properties needed to be purchased or acquired by the Town to improve and straighten the road at or near 178 Smithtown Road so as to enable the Town to improve, straighten and reconstruct the aforementioned roadway curve. BE IT FURTHER RESOLVED that Albert P. Roberts, Attorney to the Town, is hereby authorized to negotiate the purchase of the necessary land and/ or ilm 04/22/2002.RGM easement rights from the property owners to improve, straighten and reconstruct the aforementioned roadway curve. BE IT FURTHER RESOLVED that Donald McGrath of McGrath, Basciani and Associates, Inc., is hereby authorized to prepare an appraisal to determine the value of the land and/ or easement rights to be purchased from the affected property owners. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS RESOLUTION NO. 2002-147 RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO TOWN HALL The following Resolution was introduced by COUNCILMAN BETTINA and seconded by COUNCILMAN PAOLONI. WHEREAS, on April 16, 2002 at approximately 5:00 p.m., the Wappinger Town hall Building was struck by an automobile which crashed through the north exterior concrete wall into the offices of the Town Assessor and the Town Recreation Department causing serious structural damage to Town Hall; and WHEREAS, as a result of said collision a portion of the north concrete block wall was demolished causing the building to be exposed to elements and also resulting in severe damage to the ceiling and utility infrastructure serving the Town Hall Building; and WHEREAS, the employees of the Town Highway Department made emergency interim repairs to the damaged portion of the building so as to protect the building from exposure to the element; and WHEREAS, immediate repairs were and are required to safeguard the Town Hall Building from exposure to the elements; and WHEREAS, in consequence of the aforementioned damages to Town Hall, Supervisor, Joseph Ruggiero, issued Executive Order # 2002-1 closing Town Hall to public for all business, meetings, Justice Court appearances and other governmental functions; a copy of said Executive Order is attached hereto and made part hereof marked and designated Exhibit A; and WHEREAS, the aforementioned Executive Order #2002-1 authorized various officials of the Town, including the Engineer to the Town, the Attorney to the Town and the Architect to the Town to take whatever steps were necessary to 19 04/22/2002.RGM repair the damages to the Town Hall and make it safe for the operations of Town Government; and WHEREAS, the Engineer to the Town, Joseph E. Paggi, Jr. of Paggi, Martin & DelBene, and the Architect to the Town, Donald Swartz of Cerniglia & Swartz Architects, Planners and Interior Designers, P. C., have recommended William Manfredi Construction Corp. as an experienced qualified general contractor who could undertake the necessary permanent repairs on an emergency basis; and WHEREAS, William Manfredi Construction Corp. has been the general contractor in several construction projects for the town and has proven to be a qualified, competent general contractor producing work of high quality; and WHEREAS, pursuant to the provisions of Section 103 (4) of the General Municipal Law of the State of New York, the Town Board hereby finds and determines that a public emergency existed and still exists in the Town of Wappinger arising out of damages done to Town Hall as aforesaid, and that in order to protect the life, health, safety and property of the Town of Wappinger, Town of Wappinger employees and the Town of Wappinger books and records immediate structural repair work is required which cannot await competitive bidding; and WHEREAS, the Town's insurance carrier, Selective Insurance, has dispatched two (2) claim adjusters to Town Hall and they have indicated that payment for all reasonable and necessary repairs to the building will be authorized and they will work with William Manfredi Construction Corp. to arrive at an agreed cost to make and complete the permanent repairs; and WHEREAS, it has been recommended that the Town open up a separate bank account which will receive all insurance proceeds from Selective Insurance as a result of this claim and through which all expenses and disbursements relating to this work will be paid. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby declares, pursuant to Section 103 (4) of the General Municipal Law of the State of New York, that a public emergency exists in the Town of Wappinger in consequence of damages to Town Hall caused by a collision of an automobile into the town Hall Building on April 16, 2002, resulting in substantial structural damage to the Town Hall Building, generally to the areas occupied by the town Assessor and the Town Recreation Department as well as other areas of the Town Hall Building, which damages are still being investigated and identified. 2. The Town Board has determined that it is essential to undertake the structural repairs to Town Hall as soon as possible so as to enable the Town Assessor's Department, Town Clerk's Department and the Town Recreation 20 Town of Wappinger Executive Order # 2002 —1 WHEREAS, on April 10h, 2002, the Town of Wappinger Town Hall was struck by an automobile which crashed directly through the Town Hall causing tremendous damage to the Town Hall building including total destruction of the offices of Town Assessor and Town Recreation, and WHEREAS, said accident and damage has caused all utility services, including telephone communications, to the Town Hall to be shut off for safety concerns and has rendered the Town Hall, which is the center of operations for the Town Government, uninhabitable and has severely limited the Town of Wappinger to carry out its government duties and functions. THEREFORE, I, JOSEPH RUGGIERO, SUPERVISOR OF THE TOWN OF WAPPINGER, under the powers granted to me by the State of New York in Article 24(b) of Executive Law, do hereby declare that a State of Emergency exists in the Town of Wappinger government, and the property of the Wappinger Town Hall, at 20 Middlebush Road, Wappingers Falls, New York to be a disaster area, AND PURSUANT TO EXECUTIVE LAW, I, JOSEPH RUGGIERO, SUPERVISOR OF THE TOWN OF WAPPINGER, issue the following Executive Order: 1) The Town Hall and its property at 20 Middlebush Road, Wappingers Falls, New York, is hereby closed to the public for all business, meetings, justice court, or other functions. 2) The following Town officers are hereby directed to coordinate and take whatever steps are necessary to assist Town Government in re-establishing its ability to carry out its duties: Zoning Administrator, Assessor, Fire Inspector, Building Inspector, Town Clerk, Highway Superintendent, Comptroller, Town Engineer, Town Attorney, and Town Architect. 3) The Town of Wappinger procurement policy is hereby suspended for purposes of making emergency purchases and expenditures to restore Town government operations at Town Hall. 4) Highway Superintendent Graham Foster is directed to take whatever steps are necessary in utilizing Town Highway employees and equipment for the purposes of assisting the restoration of government operations at Town Hall. 5) The Town of Wappinger patrol is hereby directed to assist in any manner possible to enforce the Town of Wappinger Codes and Laws while other Town Officers are presently limited in their ability to carry out their duties. The Town Patrol is also authorized to provide security to the Town Hall building and property to such time that normal security measures can be restored to Town Government. 6) The Town Patrol is further directed to seek mutual aid, as necessary, from the Dutchess County Sheriffs Department, and New York State Police in carrying out its duties. This EXECUTIVE ORDER is effective immediately, and shall remain in effect for a period of five days or until rescinded or extended as needed. rfOWN'OF WAPPINGER APRIL i7,2002 EXHIBIT A 04/22/2002.RGM Department to resume normal governmental operations at the earliest possible moment as well as to protect the books and records of the Town, to protect the employees of the town and to provide a secure and safe work environment for employees and members of the public. 3. The Town Board hereby ratifies and confirms the actions of Supervisor Joseph Ruggiero employing the services of the Architect to the town, Donald Swartz, the Engineer to the Town, Joseph E. Paggi, Jr., the Attorney to the Town, Albert P. Roberts, and William Manfredi Construction Corp. to undertake and coordinate the necessary steps and work required to complete the temporary and permanent structural repairs to the Town Hall Building as well as to secure the affected portions of the Town Hall from weather and the elements. 4. The Town Board hereby further authorizes William Manfredi Construction Corp. to undertake the necessary permanent repairs to the town Hall as quickly as circumstances dictate in accordance with instructions, plans, specifications, and directions, if any, given or prepared by the Architect to the Town, Donald Swartz, and/or the Engineer to the Town, Joseph E. Paggi, Jr. 5. The Town Board also authorizes Gerald Terwilliger, the Comptroller to the Town, to open up a separate bank account in the name of the Town which will receive all insurance proceeds from Selective Insurance as a result of this claim as well as to pay and disburse all work and expenses incurred by the town as a result of this damage. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted COMMENTS John Beale was recognized by the Board. Mr. Beale was listening to the people from Cranberry speaking tonight on the cost of the homes they intend to build. A home that costs $250,000 to $300,000 will cost around $2,000 per month, which means that a young couple who wish to live in our town, has to be making between $80,000 and $100,000 per year. He is bringing this issue to the board for their consideration. The town only had a 1% growth in the year 2000. He has six children, and four of them have to go to jobs in other parts of the country. He has two that live locally that wish to stay in the community. There are other young people who wish to stay in the area also. If we want to keep our young people in the community, maybe we should entertain cluster zoning if it could bring in lower cost housing. COUNCILMAN BETTINA responded that is not just a local problem. This affects our senior citizens as well. We understand that older people 21 04/22/2002.RGM wish to stay, and young people want to come here. People do have property rights. We need multi -family housing, but we must also be able to provide them with water and sewer. There was no other business to come before the board. COUNCILMAN BETTINA moved to close the meeting, seconded by Supervisor Ruggiero and unanimously carried. The meeting adjourned at 9:45 p.m. a Gloria J. rse Town C erk 22 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Tent of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Qq of WAPPINGER Town Village Local Law No. of the year 20 02 A local law entitled "Local Law Amending Section 240-110, Fees, of the Zoning Law (Insert Title) of the Town of Wappinger" Be it enacted by the TOWN BOARD of the (Name of Legislative Body) E©" of WAPPINGER as follows: Town Village TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) LOCAL LAW # 7 OF THE YEAR 2002 A Local Law entitled "Local Law Amending Section 240-110, Fees, of the Zoning Law of the Town of Wappinger". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law Amending Section 240- 110, Fees, of the Zoning Law of the Town of Wappinger". Section 2: Legislative Intent The intent of the proposed Local Law is to clarify the intent of the professional review fee reimbursement procedures as well as to modify the procedures to further protect the Town from incurring costs and subsidizing the review of applications if applicants do not pay their bills. References are to sections of the Town of Wappinger Zoning Code. 2 of 7 Section 3: Section 240-110, Fees, of the Zoning Law shall be amended to read as follows: A. Fee schedule and reimbursement of professional review fees. (1) All nonrefundable application fees shall be in an amount set forth in a fee schedule that may be amended from time to time by resolution of the Town Board. No fees shall be required from the town or any of its districts. (2) Reimbursement of professional review fees. The Town Board, the Planning Board, the Zoning Board of Appeals and the Building Inspector, in the review of any application presented to it, may refer such application to a planner, engineer, environmental expert, legal counsel and/or other professional as such board or agent shall deem reasonably necessary to assist it in the review of such application. The applicant shall reimburse the town for the cost of such professional review services in accordance with § 240-110A(3)(a) herein concerning the establishment of escrow accounts. The payment of such fees shall be required in addition to any and all other fees required by this chapter or any other state or local law, ordinance or regulation. 4 3 of 7 (3) Escrow account procedures. (a) At the time of the submission of any application and prior to its review by the Town Board, the Planning Board, the Zoning Board of Appeals or the Building Inspector, the approving agency or agent shall require the establishment of an escrow account, from which withdrawals shall be made to reimburse the town for the cost of professional review services. The applicant shall then provide funds to the town for deposit into such account in an amount to be determined by the approving agency based on its evaluation of the nature and complexity of the application. It is the intent of these regulations to ensure that the Applicant always has on deposit with the Town of Wappinger an adequate amount of funds to ensure that the Town will never subsidize applicant review costs at any time. The applicant shall be provided with copies of the town vouchers for such services as they are submitted to the town. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the approving agency shall suspend its review of the application. In the case of post -approval inspections and reviews involving construction, the Town may issue a stop work order. No 4 of 7 subdivision plat or site development plan shall be endorsed or filed until all professional review fees charged in connection with the review of the project have been reimbursed to the Town. No building permit shall be issued unless all professional review fees charged in connection with the review of the applicant's project have been reimbursed to the town and a new escrow account has been established to cover all post -approval review costs, including but not limited to inspection of construction of roads and driveways. No certificate of occupancy shall be issued unless all professional review fees charged in connection with the post -approval inspection and review of the project have been reimbursed to the Town. No refunds of any funds remaining on deposit in escrow shall be issued until after all pertinent professional review charges have been paid and the final certificate of occupancy has been issued to the project, or where applicable, the road has been accepted by the Town and the one-year maintenance period has expired. (b) In the event that a positive declaration is made in accordance with the New York State Environmental Quality Review Act (SEQRA), all subsequent professional review fees that are necessary for the preparation or review of an EIS shall be reimbursed to the Town in accordance with the procedures established under SEQRA. The applicant shall maintain the basic escrow account for the continued 5 of 7 review of the application that is not directly related to the preparation or review of an EIS. The Town may require the applicant to establish a separate escrow account for the professional review costs necessary for the preparation or review of an EIS. All deposits, reimbursements and refunds shall be made in accordance with § 240-110A(3)(a). B. Collection of fees. All required fees shall be collected by the Clerk or Secretary of the board or agent having jurisdiction over the application. Section 4: Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 5: Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been 6 of 7 A included therein, and if such person or circumstance to which the Local Lav or part hereof is held inapplicable had been specifically exempt there from. Section 6: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. jAdocs2\500\%vappinger\zonc amendments\escrow.locallaw.lkb.doc 7 of 7 REQUIREMENT FOR ESCROW FUNDS SECTION 1. ESCROW FUNDS ESTABLISHED By the authority granted by Section 240-110 of the Town of Wappinger Zoning Law and in order to ensure that the cost of any Engineering, SEQR Experts, Planning, Legal or other consultation fees incurred by the Town of Wappinger with respect to matters before the Planning Board / Zoning Board are borne by the applicant's, there is hereby established an Escrow Fund. Upon filling an application for either Subdivision, Site Plan, Special Permit approval, or for a Building Permit or Certificate of Occupancy, the applicant shall deposit with the Town Controller via certified check, a sum of money in accordance with the table below. The Controller shall pay from these funds the fees charged by any professionals employed by the Planning Board with respect to the applicant's project. Said fees shall be submitted by voucher and paid as approved by the Zoning Administrator. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the approving agency shall suspend its review of the application. In the case of post -approval inspections and reviews involving construction, the Town may issue a stop work order. No subdivision plat or site development plan shall be endorsed or filed until all professional review fees charged in connection with the review of the project have been reimbursed to the Town. No building permit shall be issued unless all professional review fees charged in connection with the review of the applicant's project have been reimbursed to the town and a new escrow account has been established to cover all post -approval review costs, including but not limited to inspection of construction of roads and driveways. No certificate of occupancy shall be issued unless all professional review fees charged in connection with the post -approval inspection and review of the project have been reimbursed to the Town. No refunds of any funds remaining on deposit in escrow shall be issued until after all pertinent professional review charges have been paid and the final certificate of occupancy has been issued to the project, or where applicable, the road has been accepted by the Town and the one-year maintenance period has expired. SECTION 2. CALCULATION OF ESCROW FUND For SUBDIVISIONS, the applicant shall deposit and maintain a sum calculated as follows: A) Number of lots Amount 0-2 $ 3,750 3-10 $ 7,500 11-35 $22,500 >35 $52,500 For SITE PLANS & REGULAR SPECIAL USE PERMITS the applicant shall deposit and maintain a sum calculated as follows: B) Square Footage Amount 0 to 3,000 $ 3,750 3,001 to 20,000 $ 7,500 20,001 to 50,000 $22,500 > 50,000 $52,500 For SPECIAL USE PERMIT — ACCESSORY APARTMENTS, the applicant shall deposit and maintain a sum calculated as follows: C) $1,000 For VARIANCES, the applicant shall deposit and maintain a sum determined by the Zoning Board of Appeals. For ROAD INSPECTION, the applicant shall deposit and maintain a sum equal to 3% of the construction costs as estimated by the Town Engineer. jAdocs2\500\wappin,ger\zone amendments\fee schedu1e.feb02.p11.dkw.doc (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) #7 of 2002__. of the ('I'own)(?�+�e) of -- I hereby certify that the local law annexed hereto, designated as local law o. ----------------------------------- �IAP-RMGEg------------ ------------------------------------------------ was duly passed by the - TQoq--BOARD --------------------------- onARU L.22---- 20-02, 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 oJLegtrlorive 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 lav 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 ------------------ 24--- , 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 o/Lrgi.r/arivr Bodv) disapproval) by the -------------------------------------------------- on 20 --- . Such local law was subject to (Elective Chief E.secutive 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 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 ieceived 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 certlfication.) 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. .104 �� /"') // _ Clerk of thMouaty legislative body, -City, wn or YilJb Clerl or officer designated by local 1""tive y GLORIA ."MORSE, TO CLERK (Seal) Date: 1 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YOb / COUNTY OF I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been ha -d or taken for the enactment of the local law annexed hereto. ALBERT P. ROBERTS, ATTORNEY TO TOWN Title dW WAPPINGER Town of Nibm Date: T (3) Town Board Correspondence Log Document # To From Date Received Re Agenda 2002CL - 0225 Town Employees Recreation Dept. 3/18/02 3/18/02 Community Day 4/22/2002 2002CL - 0226 Refat Aboshanab 3/15/02 3/19/02 Liquor License 4/22/2002 2002CL - 0227 Dan Oconnor Michael Tremper 3/18/02 3/20/02 Chloride Exemption 4/22/2002 2002CL - 0228 Joseph Ruggiero Marilyn Paine-Boracci 3/19/02 Shooting range 4/22/2002 2002CL - 0229 Supervisor & town Board Carl Wolfson 3/19/02 3/20/02 February Report 4/22/2002 2002CL - 0230 Linda Tasadfoy Emanuel Saris 3/7/02 3/11/02 Rawls Leisure Living 4/22/2002 2002CL - 0231 Planning Board 3/19/02 Workshop Meeting 4/22/2002 2002CL - 0232 Joseph Ruggiero Marty & Shari Hilmar 3/18/02 3/19/02 Deganno Hills Road 4/22/2002 2002CL - 0233 Town Clerk Town of LaGrange 3/19/02 3/25/02 Public Hearing 4/22/2002 2002CL - 0234 Town Clerk Town of Poughkeepsie 3/22/02 3/25/02 Public Hearing 4/22/2002 2002CL - 0235 William Yurus Emanuel Saris 3/21/02 3/25/02 Werner Henzler 4/22/2002 2002CL - 0236 Emanuel Saris Al Roberts 3/25/02 3/25/02 Dutchess Falls Apartments 4/22/2002 2002CL - 0237 Joseph Ruggiero Al Roberts 3/21/02 3/25/02 Driveway Specifications 4/22/2002 2002CL - 0238 Joseph Ruggiero Charles Aviza 3/21/02 3/22/02 2001 Maintenance Aid Certification 4/22/2002 2002CL - 0239 Town Board Graham Foster 3/21/02 3/22/02 Furnace Shop 1 4/22/2002 2002CL - 0240 Gloria Morse Peter Chemeff 3/20/02 3/22/02 Cranberry Hills 4/22/2002 2002CL - 0241 Joseph Ruggiero Michael knipfing 3/21/02 3/25/02 Greer Toyota 4/22/2002 2002CL - 0242 Mitch Mortis Al Roberts 3/15/02 3/21/02 Recycling Center 4/22/2002 2002CL - 0243 Joseph Ruggiero A] Roberts 3/15/02 Merchants Insurance v. Ameritech Land Developm 4/22/2002 Wednesday, April 17, 2002 Page 1 of 5 Document # To From Date Received Re Agenda 2002CL - 0244 -Linda Tasadfoy Emanuel Saris 3/19/02 3/21/02 Wappingers Falls Owners Corp v. Town of Wappi 4/22/2002 2002CL - 0245 Town Clerk Town of Poughkeepsie 3/22/02 3/25/02 Zoning Change 4/22/2002 2002CL - 0246 Supervisor & Town Boar Joseph Paggi 3/20/02 3/21/02 Atlas Wellfield 4/22/2002 2002CL - 0247 Joseph Ruggiero Michael Knipfing 3/21/02 3/25/02 Greer Toyota 4/22/2002 2002CL - 0248 Joseph Ruggiero Mark Liebermann 3/20/02 3/21/02 Hilltop Business Center 4/22/2002 2002CL - 0249 Joseph Ruggiero Joseph Paggi 3/20/02 3/21/02 Greer Toyota 4/22/2002 2002CL - 0250 NYSDEC Peter Paggi 3/36/02 3/28/02 Town of Wappinger Recycling Center Minority an 4/22/2002 2002CL - 0251 Emanuel Saris Al Roberts 3/25/02 3/26/02 Dutchess Falls Apts 4/22/2002 2002CL - 0252 Joseph Ruggiero Joseph Stankavage 3/25/02 3/25/02 Contrat Signing 4/22/2002 2002CL - 0253 Joseph Ruggiero Joseph Paggi 3/26/02 3/27/02 Sherwood Heights 4/22/2002 2002CL - 0254 Town Clerk Town of Poughkeepsie 3/22/02 3/27/02 Public Hearing 4/22/2002 2002CL - 0255 Town Board Graham Foster 3-28-02 4/1/02 Road Striping 4/22/2002 2002CL - 0256 Joseph Ruggiero Ralph Holt 4/1/02 Holiday Pay 4/22/2002 2002CL - 0257 Town Board Al Roberts 3/28/02 4/1/02 Article 37 4/22/2002 2002CL-0258 Joseph Ruggiero DeWitt Sagendorph 3/11/02 3/13/02 DeGarmo Hills 4/22/2002 2002CL - 0259 Town Board Graham Foster 3/25/02 Highway Security 4/22/2002 2002CL - 0260 Joseph Ruggiero Graham Foater 3/12/02 3/13/02 Degarmo Hills 4/22/2002 2002CL - 0261 Joseph Ruggiero BCEGS Building Codes 3/20/02 3/25/02 Building Code Effectiveness 4/22/2002 2002CL - 0262 Supervisor & Town Boar Daniel Oconnor 3/12/02 3/13/02 Wappinger Park 4/22/2002 2002CL - 0263 Supervisor & Town Boar Daniel Oconnor 3/14/02 3/18/02 Tall Trees 4/22/2002 2002CL - 0264 Richard Cerino Inder Kumar 4/1/02 Progress Report Phase 3 4/22/2002 Wednesday, April 17, 2002 Document # To From Date Received Re Agenda 2002CL - 0265 • Don Beers Joseph Paggi 3/27/02 4/1/02 Tall Trees/Montclair 4/22/2002 2002CL-0266 Town Board Building Inspector 3/02 4/1/02 March Report 4/22/2002 2002CL - 0267 Joseph Ruggiero Joseph Paggi 3/26/02 4/1/02 Sherwood Heights 4/22/2002 2002CL - 0268 Valerie Hunter Al Roberts 3/28/02 4/1/01 Arthur Solberg 4/22/2002 2002CL - 0269 Supervisor & Town Boar Heather Kitchen 3/7/02 4/2/02 February 2002 4/22/2002 2002CL - 0270 Joseph Ruggiero Tatiana Lukianoff 4/2/02 4/2/02 Clearing and Grading 4/22/2002 2002CL - 0271 Supervisor Joseph Goceljak 3/22/02 3/1/02 Merchants Insurance Co. 4/22/2002 2002CL - 0272 Planning Board Joseph Paggi 3/26/02 4/2/02 Keenan Acres 4/22/2002 2002CL - 0273 Zoning Board 4/2/02 Jan. Feb. March Attendance 4/22/2002 2002CL - 0274 Joseph Ruggiero Graham Foster 4/2/02 4/3/02 Fuel Usage 4/22/2002 2002CL - 0275 Town Clerk Denize Rooney 3/18/02 4/3/02 Liquor License 4/22/2002 2002CL - 0276 Joseph Ruggiero Tatiana Lukianoff 4/2/02 Planning & Zoning Course 4/22/2002 2002CL - 0277 Tatiana Lukianoff Al Roberts 4/1/02 4/3/02 Sherwood Heights 4/22/2002 2002CL - 0278 Supervisor & Town Carl Wolfson 4/3/02 4/3/02 March Report 4/22/2002 2002CL - 0279 Linda Tasadfoy Stephen Curran 4/2/02 4/4/02 Board of Assessment Review Training 4/22/2002 2002CL - 0280 Town Board Peter Paggi 3/27/02 3/28/02 Lee Knolls IV Subdivision 4/22/2002 2002CL - 0281 Resident Patricia Maupin 3/4/02 11 Peter Drive 4/22/2002 2002CL - 0282 Joseph Ruggiero Florence Graff 4/3/02 4/3/02 Poughkeepsie Wetlands 4/22/2002 2002CL - 0283 Joseph Ruggiero Jack Paluse 4/4/02 4/8/02 Pye Lane 4/22/2002 2002CL - 0284 Supervisor & Town Boar Heather Kitchen 4/4/02 4/8/02 March 2002 4/22/2002 2002CL-0285 Joseph Ruggiero Norman Wiley 4/1/02 4/8/02 Meeting 4/22/2002 Page 3 of 5 Wednesday, April 17, 2002 Document # To From Date Received Re Agenda 2002CL - 0286 Joseph Ruggiero Theresa Rosencrans 4/4/02 4/8/02 Social Services 4/22/2002 2002CL - 0287 Joseph Ruggiero Joseph Aiello 4/2/02 4/8/02 e -government 4/22/2002 2002CL - 0288 Joseph Ruggiero Frank Alfano 4/2/02 413/02 Dose Road Stop Sign 4/22/2002 2002CL - 0289 Town Board Graham Foster 4/8/02 Alfano Letter 4/22/2002 2002CL - 0290 Supervisor & Town Boar Ralph Holt 4/5/02 4/8/02 Committee Members 4/22/2002 2002CL - 0291 Town Board Graham Foster 4/8/02 4/8/02 Rental Rates 4/22/2002 2002CL - 0292 Joseph Ruggiero Graham Foster 4/1/02 4/1/02 Name Change 4/22/2002 2002CL - 0293 Town Board Graham Foster 3/28/02 4/1/02 Highway School 4/22/2002 2002CL - 0294 Joseph Ruggiero Graham Foster 4/4/02 4/5/02 Excess Highway Material 4/22/2002 2002CL - 0295 Joseph Ruggiero Al Roberts & Karen Mac 2/28/02 Recycle/Compost 4/22/2002 2002CL - 0296 Supervisor & Town Boar Ralph Holt 4/8/02 PO Request 4/22/2002 2002CL - 0297 Receiver of Taxes 3/02 4/11/02 Monthly Report 4/22/2002 2002CL-0298 Joseph Ruggiero TatianaLukianoff 4/11/02 4/11/02 Alpine 4/22/2002 2002CL - 0299 Joseph Ruggiero Joseph Paggi 4/10/02 4/11/02 Cranberry 4/22/2002 2002CL - 0300 Planning Board 4/11/02 4/11/02 D&D Door Inc 4/22/2002 2002CL- 0301 Gerald Terwilliger Charles DelBene 4/9/02 4/11/02 Phase 3A 4/22/2002 2002CL - 0302 Gerald Terwilliger Charles DelBene 4/9/02 4/11/02 Phase 3A 4/22/2002 2002CL - 0303 Planning Board Joseph Paggi 4/4/02 4/11/02 Cranberry 4/22/2002 2002CL - 0304 Harold Buchner Joseph Paggi 4/9/02 4/11/02 Spookhill Recreation 4/22/2002 2002CL - 0305 Town Clerk Eduardo Lauria 4/5/02 4/11/02 Aroma Osteria Liquor License 4/22/2002 2002CL - 0306 Supervisor Paul Zilberfein 4/10/02 4/11/02 Merchants Insurance v Town of W appinger 4/22/2002 a os Wednesday, April 17, 2002 Document # To From Date Received Re Agenda 2002CL - 0307 Gloria Morse Michelle Gale 4/10/02 4/10/02' Mr & Mrs Squillace Wednesday, April 17, 2002 4/22/2002 Page 5 of 5 04/22/2002.PIR A Public Hearing was held by the Town Board of the Town of Wappinger on April 22, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Amending Section 240-110 Fees, of the Zoning Law of the Town of Wappinger. Supervisor Ruggiero opened the meeting at 7:30 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 BETTINA and unanimously carried. The Public Hearing closed at 7:31 p.m. Gloria J1 ors Town erk 1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW "AMENDING SECTION 240-110, FEES OF THE ZONING LAW OF THE TOWN OF WAPPINGER 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 April 5, 2002, your deponent posted a copy of the attached notice of Public Hearing on the Proposed Local Law "Amending Section 240-110, Fees of the Zoning Law of the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. GLORIA J. Town Clerk,/ Town of ppinger Sworn to before me the ' z day of. ,2002 ALBEv P. ROBERTS NOTARY PUBLIC, State of Raw rbdl Qualified in Ou OWS& Cou* Commission Expires Feb. 28, 20 C 7i ALBERT M. OSTEN NOTARY PUBLIC, STHE OF NEW YORK QJALIFIE,t IN DIITCHESS COUNTY # 14-8240760 COMMISSION EXPIRES JUN 15 2003 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN ZONING CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a Public Hearing on the 22nd day of April 2002, at 7:30 PM at the Town Hall, 20 Middlebush ad, Wappinger, New York at whicti II' artle ;If Int r at a d ci I. hathOrthe, own Board ofrthe7own>614' a' toga dehoold:` amend and revise Section 240-110, Fees, of the To Zoning Code in order to clarify the Intent of the pro. fessional review fee reimbursement Procedures as well as modify the pro. cedures to further protect the Town from incurring costs and subsidizing the review of applications if.appli- cants do not pay their bills. PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is's Type II ac-. tion pursuant to Article 8 of the Envi- ronmental Conservation Law, Part 617NYCRR (commonly known as 'SEORA•) and pursuant to Local Law No. 6 of 1992 (the Town's environ. mental quality review law), which ac- tions have been determined not to have a significant adverse impact upon the environment and are ex. empt from further environmental re- view in accordance with SEORA. PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amendments will be available for re- view and inspection.at the office of the Town Clerk on weekdays from 8:30 AMto 4:00 PM. Dated: March 26, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, Gloria Morse, Town Clerk APR 15 2042 �co0A G��RK