Loading...
2002-03-25 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MARCH 25, 2002 7:30 P.M. • CALL TO ORDER -- • ROLL CALL, SALUTE TO THE FLAG • PUBLIC HEARING (1) • RECEIPT & APPROVAL OF MINUTES: 1/28/02 RGM ---- 2/11/02 WS • SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS AGENDA ITEMS • CORRESPONDENCE LOG 2002CL- 0139 TO 2002CL-0224 • PROPOSED RESOLUTIONS • R2002 -52A Adopting Rules of Town Board of Town of Wappinger • R2002-103 Award Contract for Highway Dep't Supplies • R2002-109 Authorize Fire Insp, Bldg Insp. Dept. Bld Insp Attend Code Enforcement Conference. • R2002411 Authorize Payment Add'l Debris Removal 36 Middlebush Rd. • R2002-112 Authorize Rental of Stump Grinding Equipment • R2002-113 Re -Introduce Amendment Town/ Wappinger Zoning Law • R2002-114 Authorize Rental of Mulch Grinding Equipment • R2002-115 Authorize Engineer to Town Amend Zoning Map • R2002-117 Authorize Pm't Assembly/Installation Chelsea Boat Ramp • R2002-118 Authorize Placement Correspondence/Communications on file. • R2002-119 Authorize Adoption LL to Increase Income Eligibility for Partial Real Property Tax Exemptions for Property Owned by Disabled • R2002-120 Authorize Painting for Town Hall Meeting Room and Justice Court • NEW BUSINESS • EXECUTIVE SESSION . ADJOURNMENT 03/25/2002 RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on March 25, 2002 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. SUPERVISOR RUGGIERO opened the meeting at 7:34 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived at 8:00 p.m.) Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag. RECEIPT & APPROVAL OF MINUTES The Minutes of the Regular Meeting of January 28, 2002 and Workshop Meeting of February 11, 2002 having previously been forwarded to the Board Members, were now placed before them for their consideration. COUNCILMAN PAOLONI moved to accept the above stated Minutes as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Colsey Motion Unanimously Carried SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS. COUNCILMAN VALDATI moved to Suspend the Rules for Public Comment on Agenda Items. Seconded by Mr. Colsey Motion Unanimously Carried CORRESPONDENCE LOG 2002 -CL -139 TO 2002 -CL - 224 ( SEE ATTACHED SHEETS) PROPOSED RESOLUTIONS RESOLUTION NO. 118 2002 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by COUNCILMAN VALDATI 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: 03/25/2002 RGM JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 52A 2002 RESOLUTION ADOPTING RULES OF THE TOWN BOARD OF THE TOWN OF WAPPINGER The following Resolution was introduced by COUNCILMAN COLSEY and seconded by Mr. Paoloni WHEREAS, to ensure the orderly conduct of Town Board business, the Town Board wishes to adopt a set of rules governing the Town Board. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts the "Rules of the Town Board of the Town of Wappinger," in the form annexed hereto, as the governing rules of the Town Board. BE IT FURTHER RESOLVED, that any other governing Rules of the Town Board are hereby rescinded. 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 103 2002 RESOLUTION AWARDING CONTRACTS FOR HIGHWAY DEPARTMENT SUPPLIES The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Colsey WHEREAS, the Town of Wappinger Highway Superintendent, Graham Foster, solicited bids for the supply of various Highway Department materials; and WHEREAS, bids were received and reviewed by Town of Wappinger Highway Superintendent, Graham Foster; and WHEREAS, Town of Wappinger Highway Superintendent, Graham Foster, has provided an award recommendation to the Town Board. NOW, THEREFORE, BE IT RESOLVED, that the Contract for the supply of Unleaded Plus gasoline for the Highway Department is hereby awarded to 2 Town of Wappinger New York Rules of the Town Board of the Town of Wappinger Section 1. Regular Meetings of the Town Board 1.1 Regular meetings of the Town Board shall be held on the second and fourth Monday of each month. 1.1.1 The Annual Reorganization Meeting shall be scheduled by Resolution of the Town Board during the prior December. 1.1.2 The first meeting of the month shall be deemed the Town Board Workshop meeting. 1.1.3 Meetings scheduled for the second and fourth Monday of each month shall be held without prior written notice to the Board Members. 1.2 In the event that a Regular Meeting date falls on a legal holiday, as rCCOcjlllzed by tll'' State 01,1VTc\v Yolk, the I OV,1113Jard Shall ICSC11c:d111C the date of such meeting at a previous Board meeting. 1.3 The time and place of a Regular Meeting date may be changed, or may be cancelled, by the affirmative vote of three (3) members of the Town Board. Cancellation of any Regular Meeting must occur at a duly constituted Board meeting. Except for cause, there shall be at least one regular Town Board meeting conducted each calendar month. The Supervisor may cancel any Regular or Special Meeting because of inclement weather conditions or other emergency. 1.4 A quorum of a Town Board shall consist of three (3) Board Members present. 1.5 The Committee of the Whole meeting of the Town Board shall be held as needed. 1.5.1 Any Committee of the Whole meeting relating to agenda items to be placed on the next ensuing Town Board meeting must be held at least five (5) days prior to such Town Board meeting. Section 2. Special Meetings 2.1 Special Meetings of the Town Board may be called by the Supervisor at any time upon two (2) days notice by fax, email or telephone. 1 O: WAPPINGEVrown Board\l'ownnoardRules\Rules-2002-Revised.doc REVISED AS OF 3/8102 H 2.2 Upon the written request of two (2) Town Board members, the Supervisor shall, within ten (10) days of receipt of such request, call a Special Meeting of the Town Board. 2.3 The Supervisor shall give written notice of the date, time and place for the Special Meeting as well as a list of the items to be discussed at such Special Meeting, no later than forty-eight (48) hours prior to such meeting by fax, email or personal delivery. 2.4 Except in the case of an emergency, notice of a Special Meeting may be made by regular mail to each of the Board Members addressed to the Board Member's regular place of residence. An Affidavit of mailing by the Town Clerk or his/her duly constituted Deputy shall be presumptive evidence that such notice was duly served upon the Board Members. 2.5 Notice of a Special Meeting may be made by personal delivery. An Affidavit of personal service of the notice shall be filed with the Town Clerk at least four (4) hours prior to the Special Meeting and will be deemed duly sufficient proof of service. 2.6 Any Town Board Member may name one or more designees to receive notice of a Special Meeting, either by fax, email, personal service or regular mail. The name(s) and address(es) of such designee(s) must be submitted in writing to the Town Clerk. If no designee has been named, then notices of a Special Meeting must be served only upon the Town Board Member, as herein provided. 2.7 A Special Meeting cannot be held until each Town Board Member has been duly served with a notice of such Special Meeting as provided in these rules or the Town Board Member(s) has executed a Waiver of Notice for such Special Meeting. Section 3. Supervisor 3.1 The Supervisor shall be the Presiding Officer and shall chair each meeting of the Town Board. In the event, the Supervisor shall fail to appear at the time fixed for such Town Board Meeting, the Deputy Supervisor, or in his/her absence the Town Clerk, shall call the meeting to order. The Town Board, by a vote of at least three (3) of its members, shall select a member to serve as Presiding Officer and Temporary Chairman for said meeting. If the Supervisor shall arrive after such ineeting has been commenced, he/ she shall immediately assume the duties of Presiding Officer and Chair of the meeting. 3.2 The Town Clerk, Supervisor, or Deputy Supervisor shall determine the presence or absence of a quorum of the Town Board. In the event that a i O: WAPPINGBToan Board\To\%nlloardltUles\Rifles-2002-Re\iscd.doc RGVISED AS 0I7 3002 i quorum is lacking, the person presiding over said meeting shall adjourn the meeting until the next regularly scheduled Town Board meeting or duly called Special Meeting. Section 4. Public Comment 4.1 The members of the public may make statements and/ or comments concerning any item contained on the printed agenda for any Regular or Special "Town Board meeting. Such comments shall be limited to two (2) minutes per member of the public. The Town Board, by motion, may defer any agenda item to the end of the meeting for further discussion and public comment 4.2 Other than items for which a Public Hearing was conducted, upon the affirmative vote of three (3) members of the Town Board, the Rules may be suspended to permit further comment by the public prior to vote by the Town Board. Section 5. Meeting Agenda 5.1 The Agenda shall be prepared jointly by the Supen•isor and the Town Clerk. Any Town Board Member may request an item to be placed on the Agenda. 5.2 Except in the case of an emergency Meeting shall be closed at 1:00 p.m Regular Meeting. the Agenda of a Regular Town Board five (5) days prior to the date of such 5.3 Except in the case of an emergency, items may be added to the Agenda of any Regular Meeting after the close of the Agenda provided such items are listed as "Items Proposed For Special Consideration". Stich items shall require the affirmative for three (3) members of the Town Board to open the item for discussion and the affirmative vote of four (4) members to take possible action, otherwise such items will be placed on the Agenda for the next regularly scheduled Town Board meeting. 5.4 Except in the case of an emergency, the Agenda for a Special Board Meeting shall be closed at 1:00 p.m. two (2) days prior to the date of such Special Board Meeting. 5.5 Except in the case of an emergency, items may be added to the Agenda of any Special Board Meeting after the close of the Agenda provided that such Agenda items are listed as "Items for Discussion". Such items shall require the affirmative for three (3) members of the Town Board to open the item for discussion and the affirmative vote of four (4) members to take possible 3 O:\ APPINGEVI'o—, Board\l'owilBoardltUICS\Rules-2.002-Roised.doc REVISED AS Oi: 3%8102 action, otherwise such items will be placed on the Agenda for the next regularly scheduled Town Board meeting. 5.6 No items shall be placed on the Agenda or considered by the Town Board unless documentation relating to the Agenda item has been delivered to the Town Clerk no later than 1:00 p.m. on the Wednesday immediately preceding the scheduled Regular Meeting. 5.7 Notwithstanding the foregoing, claims served on the Town or its employees may be added to the Agenda of any Regular Meeting at any time up to the commencement of this scheduled meeting. In the event that an item has been placed on the Agenda for which no documentation has been made available by the time prescribed, or from a previous meeting, then the Supervisor shall automatically remove the item from the Agenda and so notify the Town Clerk before final preparation thereof; however, additional documentation may be submitted up to the time of the meeting. Items designated "for discussion" are exempt from documentation but no action may be taken without the affinnative vote of four (4) Members of the Board. Section 6. Clerical Assistance 6.1 Should any Town Board Member so request, clerical assistance shall be made available to him or her through the Office of the Supervisor. Such clerical assistance shall only be for official Town Business. Section 7. Order of Business 7.1 The Regular Order of Business for all Regular or Special Town Board Meetings shall be as follows: • Call to order • Salute to the Flag • Roll Call • Public Hearings • Receipt and approval of Minutes • Suspension of the rules to allow public comment on Agenda items with a two (2) minute time limit per person • Agenda Items • General suspension of the rules • Items for Discussion New Business • Adjournment 7.2 No later than 4:00 p.m. four (4) days prior to the scheduled Regular or Special Town Board Meeting, the Town Clerk shall mail, or forward via fax, 4 O:\V,'APPI\GE\Town Board': rovvnnoardRules\Rules-2002-Revised.doc REVISED AS OF 3/8/02 i copies of the Agenda together with documentation for all submitted agenda items. In the case of an emergency Special Town Board Meeting conducted on less than ten (10) notice, the Town Clerk shall provide copies of the Agenda together with documentation at least twenty-four (24) hours before such Special Board Meeting. 7.3 The Supervisor, or in her/ his absence, the Deputy Supervisor, or, in their absence, the Town Clerk, may v: ith the consent of the majority of the Board Members present change the order of the Agenda during any meeting of the Board. The Regular Order of Business or the Order of the Agenda shall be made upon motion duly made, seconded and carried by the Board. 7.4 Upon the affirmative vote of three (3) members of the Town Board, new items may be added to the Agenda during any Regular or Special Town Board meeting for discussion only. No action may be taken on such items without the affirmative vote of four (4) Town Board members. After the Agenda has been prepared, new items may be added during any Regular or Special 'town Board meeting; such new items shall be designated as "Items for Discussion". No action may be taken without the affirmative vote of four (4) Town Board members, otherwise the item will be placed on the next regularly scheduled Town Board meeting. 7.5 No Board vote shall be required for claims which have been served upon the Town or its employees and received after the Agcrida has been printed. The Town Clerk shall notify the Board during the Board Meeting of the receipt of such claims which shall be referred to the Attorney to the Town for appropriate action. Section 8. Rules of Order 8.1 All Regular and Special Meetings shall be conducted in accordance with Town Law, and, except where inconsistent with Town Law, shall be governed by the latest edition of the Robert's Rules of Order. 8.2 The affirmative vote of three (3) members of the constituted Town Board voting at any meeting shall be required to adopt any action, motion or resolution, except in those instances where New fork State Law or these rules of procedure require a greater affirmative vote. S.3 These rules may be suspended, amended or rescinded by the affirmative vote of three (3) members of'tlie Town Board. 8.4 These rules shall remain in effect until new rules are adopted by the new Town Board. 8.5 Robert's Rules of Order shall govern the rules of debate on any topic and shall O:\%VAPHr,'GE\Town hoard\1'0\\nBoardRulcs\Rules-2002-itevised.doc REVISED AS Of 3/8'02 be strictly followed. 8.6 A motion to adjourn may be made by any member who shall have been recognized by the Supervisor or, in his/ her absence, the Deputy Supervisor or, in their absence, the Town Clerk. Such a motion shall not be recognized during a roll call or while the board is engaging in voting. A motion to adje"I-11 ste al be decided without debate. Unless excused, members shall not leave a meeting until the Supervisor or, in his/ her absence, the Deputy Supervisor or, in their absence, the Town Clerk shall Announce that the meeting is adjourned. 8.7 The vote upon every question shall be taken by ayes and nays, and the names of the Board Members present and their votes shall be entered in the minutes. The Board Members shall vote first, in the order of wards, and the Supervisor shall vote last. Section 9. Deputy Supervisor 9.1 Upon request of the Supervisor, when the Supervisor is absent or incapacitated, or when a vacancy exists in the Office of the Supervisor, the Deputy Supervisor shall be the Acting Supervisor. During such period, the Deputy Supervisor shall be vested with all the powers and may perform all the duties of the Supervisor as provided herein or by applicable New York State Law. R O:\WAl'PINGE\Toon Buard\Townl3oardRules\RUles•2002-Rev ised.doc REVISED AS OF Y 02 03/25/2002 RGM Agway Energy Products, LLC at a price per gallon of $.0466 plus the amount published in the Journal of Commerce New York Harbor Reseller Tank Car as the average price posted on the day of delivery; and BE IT FURTHER RESOLVED, that the Contract for the supply of No. 2 Fuel Oil and Diesel Fuel is hereby awarded to Morgan Fuel & Heating Company, Inc. d/b/a Bottini Fuel Co. for the price per gallon for No. 2 Fuel Oil and Diesel Fuel of $.0749 plus the amount published in the Journal of Commerce New York Harbor Reseller Tank Car as the average price posted on the day of delivery; and BE IT FURTHER RESOLVED, that the Contract for Platinum Oil Burner Service Plan for the Highway Department is hereby awarded to Morgan Fuel & Heating Company, Inc. d/b/a Bottini Fuel Co. at a cost of $224.95 per furnace; and BE IT FURTHER RESOLVED, that the Contract for the supply of 1/4" crushed stone to the Highway Department is hereby awarded to Clove Excavators, Inc. at the delivered price of $13.90 per ton; and BE IT FURTHER RESOLVED, that the Contract for the supply of 5/8" crushed stone to the Highway Department is hereby awarded to Clove Excavators, Inc. at the delivered price of $13.15 per ton; and BE IT FURTHER RESOLVED, that the Contract for the supply of 3/4" crushed stone to the Highway Department is hereby awarded to Clove Excavators, Inc. at the delivered price of $13.15 per ton; and BE IT FURTHER RESOLVED, that the Contract for the supply of 3/8" crushed stone to the Highway Department is hereby awarded to Route 82 Sand and Gravel, Inc. at the delivered price of $13.50 per ton; and BE IT FURTHER RESOLVED, that the Contract for the supply of 1/2" crushed stone to the Highway Department is hereby awarded to Route 82 Sand and Gravel, Inc. at the delivered price of $13.50 per ton; and BE IT FURTHER RESOLVED, that the Contract for the supply of 11/2" crushed stone to the Highway Department is hereby awarded to Route 82 Sand and Gravel, Inc. at the delivered price of $13.50 per ton; and BE IT FURTHER RESOLVED, that the Contract for the supply of 2 1/2" crushed stone to the Highway Department is hereby awarded to Route 82 Sand and Gravel, Inc. at the delivered price of $13.50 per ton; and BE IT FURTHER RESOLVED, that the run of Bank Gravel needed by the Highway Department will be purchased through Route 82 Sand and Gravel, Inc. at the delivered price of $8.25 per ton; and BE IT FURTHER RESOLVED, that the Contract for supply of 1/4" washed gravel to the Highway Department is hereby awarded to Clove Excavators, Inc. at the delivered price of $12.65 per ton; and 3 03/25/2002 RGM BE IT FURTHER RESOLVED, that the Contract for supply of 3/8" washed gravel to the Highway Department is hereby awarded to Clove Excavators, Inc. at the delivered price of $13.65 per ton; and BE IT FURTHER RESOLVED, that the Contract for supply of 3/4" washed gravel to the Highway Department is hereby awarded to Clove Excavators, Inc. at the delivered price of $15.15 per ton; and BE IT FURTHER RESOLVED, that the Contract for supply of 11/2" washed gravel to the Highway Department is hereby awarded to Clove Excavators, Inc. at the delivered price of $15.20 per ton; and BE IT FURTHER RESOLVED, that the Contract for supply of snow/ ice aggregates to the Highway Department is hereby awarded to Clove Excavators, Inc. at the delivered price of $10.45 per ton; and BE IT FURTHER RESOLVED, that the Contract for supply of tailings to the Highway Department is hereby awarded to Route 82 Sand & Gravel, Inc. at the delivered price of $13.50 per ton; and BE IT FURTHER RESOLVED, that blacktop needed by the Highway Department will be purchased through the New York State Office of General Services Bid; and BE IT FURTHER RESOLVED, that pipe needed by the Highway Department will be purchased through the New York State Office of General Services Bid; and BE IT FURTHER RESOLVED, that the Contract for supply of catch basins to the Highway Department is hereby awarded to Expanded Supply, Inc. at the prices listed in the attached Bid Report of 2002 from Town of Wappinger Highway Superintendent, Graham Foster; and BE IT FURTHER RESOLVED, that the Contract for supply of manhole lids, water risers, grates and frames to the Highway Department is hereby awarded to Vellano Brothers, Inc. with the exception of 6" water risers at the prices listed in the attached Bid Report of 2002 from Town of Wappinger Highway Superintendent, Graham Foster; and BE IT FURTHER RESOLVED, that the Contract for supply of 6" water risers to the Highway Department is hereby awarded to Expanded Supply Products, Inc. (ESP) at the prices listed in the attached Bid Report of 2002 from Town of Wappinger Highway Superintendent, Graham Foster; and BE IT FURTHER RESOLVED, that the Contract for supply of catch basin risers to the Highway Department is hereby awarded to Expanded Supply Products, Inc. (ESP) at the prices listed in the attached Bid Report of 2002 from Town of Wappinger Highway Superintendent, Graham Foster with the exception of 626-730 square inch be awarded to Chemung Supply Corp.; and 4 03/25/2002 RGM BE IT FURTHER RESOLVED, that the Contract for supply of manhole risers, 2x24 and 2 x 25 3/4 to the Highway Department is hereby awarded to Vellano Brothers, Inc. at the price listed in the attached Bid Report of 2002 from Town of Wappinger Highway Superintendent, Graham Foster; and BE IT FURTHER RESOLVED, that the Contract for supply of manhole risers 2 1/2 x 25 3/8 to the Highway Department is hereby awarded to Parsons Environmental Products, Inc. at the price of $45 each; and BE IT FURTHER RESOLVED, that the Contract for bulk clean-up is hereby awarded to Royal Carting Service Co. in accordance with the award recommendation of Town of Wappinger Highway Superintendent, Graham Foster. 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 109 2002 RESOLUTION AUTHORIZING THE FIRE INSPECTOR, THE BUILDING INSPECTOR, AND THE DEPUTY BUILDING INSPECTOR TO ATTEND CODE ENFORCEMENT CONFERENCE The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Mr. Valdati WHEREAS, the Town Board wishes to authorize Mark Liebermann, Fire Inspector to the Town of Wappinger, Karl Seebruch, Building Inspector to the Town of Wappinger, and Sal Morello, Deputy Building Inspector to the Town of Wappinger, to attend the annual Hudson Valley Code Enforcement Official's Conference; NOW, THEREFORE, BE IT RESOLVED, that Mark Liebermann, Fire Inspector to the Town of Wappinger, Karl Seebruch, Building Inspector to the Town of Wappinger, and Sal Morello, Deputy Building Inspector to the Town of Wappinger are hereby authorized to attend the annual Hudson Valley Code Enforcement Official's Conference at the Holiday Inn in Fishkill, New York, on April 24th, 25th, and 26th, 2002 in accordance with the letter dated March 4, 2002 from Mark Liebermann, Fire Inspector to the Town Board, together with the conference brochure attached hereto, at a cost not to exceed Six Hundred and Ninety Dollars ($690.00). The foregoing was put to a vote which resulted as follows: 5 03/25/2002 RGM JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-111 RESOLUTION TO AUTHORISE PAYMENT FOR ADDITIONAL DEBRIS REMOVAL FROM 36 MIDDLEBUSH ROAD The following Resolution was introduced by COUNCILMAN COLSEY and seconded by Mr. Valdati. WHEREAS, the Town Board by Resolution No. 2002-73 authorized the Building Inspector to order the immediate demolition of the remains of the residential structure at 36 Middlebush Road, Wappingers Falls, New York that was substantially damaged by a fire on January 28, 2002; and WHEREAS, the Town Board by Resolution No. 2002-73 authorized the payment to Ben Ciccone, Inc. for said demolition and removal; and WHEREAS, Ben Ciccone, Inc. has submitted an additional invoice for unexpected disposal surcharge costs in the amount of $2,499.54. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of $2,499.54, payable to Ben Ciccone, Inc., for additional unexpected disposal surcharge costs for the removal of the residential structure damaged by fire on January 28, 2002 at 36 Middlebush Road, Wappingers Falls, New York, to be paid, in accordance with the letter dated February 18, 2002 from Brandon A. Ciccone to Joseph Ruggiero, Supervisor of the Town of Wappingers, attached 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-112 RESOLUTION AUTHORIZING RENTAL OF STUMP GRINDING EQUIPMENT The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Colsey WHEREAS, the Town has accumulated a large quantity of tree stumps and wood debris from construction projects; and 6 03/25/2002 RGM WHEREAS, the Town Highway Superintendent, Graham Foster, has investigated various disposal options of said debris. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby concludes that the most cost effective means to dispose of the tree stumps and wood debris is to grind it into wood chips for future use as compost; and BE IT FURTHER RESOLVED, that the Town of Wappinger Highway Superintendent, Graham Foster, is hereby authorized to rent stump grinding equipment from Stump -N -Wood Recycling in accordance Stump -N -Wood quote #0204 dated 2/27/02, attached hereto, at a cost of Three Thousand Dollars ($3,000.00) for the first day and Two Thousand, Five Hundred Dollars ($2,500.00) per day thereafter. 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 113 2002 AMENDMENT OF THE TOWN OF WAPPINGER LAW REINTRODUCTION OF LOCAL LAW NO._ OF 2002 The following resolution was moved by COUNCILMAN PAOLONI and seconded by Mr. Colsey. WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Law of the town of Wappinger requires update and amendment regarding the procedures for the reimbursement of professional review fees incurred by the town as part of the application review process and the post - approval reviews and inspections; and WHEREAS, the Town Board by Resolution No., 105, 2002 previously introduced the adoption of Local Law No. -2002 in the form annexed hereto. WHEREAS, inadvertently the abutting municipalities and Dutchess County Department of Planning and Development were not notified of the proposed Local Law, and accordingly, the proposed Local Law must be forwarded to them for review and comment as provided by law; and WHEREAS, the Town Board determined that the proposed Action is a Type II action pursuant to Article 8 of the Environmental Conservation Law, Part 617, NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law), which actions have been determined not to have a significant adverse impact upon the environment and are exempt from further environmental review in accordance with SEQRA 7 03/25/2002 RGM NOW THEREFORE BE IT RESOLVED, AS FOLLOWS 1. The Town Board of the Town of Wappinger hereby reintroduces for consideration of its adoption proposed Local Law No._ 2002 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law as originally adopted and amended from time to time thereafter are to remain in full force and effect and is otherwise to be ratified, readopted and confirmed 2. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. _ 2002 for 7:30 p.m. on the 22nd day of April, 2002 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (ten) days prior to said Public Hearing date. 3. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing. b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239-m of General Municipal Law; and c. To distribute a copy of the resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The question of the adoption of the foregoing resolution was duly put to a roll Call. JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 114 2002 RESOLUTION AUTHORIZING RENTAL OF MULCH GRINDING EQUIPMENT The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Colsey 03/25/2002 RGM WHEREAS, the Town has accumulated a large quantity of tree stumps and wood debris from construction projects; and WHEREAS, the Town Board by Resolution No. 2002-112 has authorized the Town of Wappinger Highway Superintendent, Graham Foster, to rent stump grinding equipment to grind the tree stumps and wood debris into wood chips for future use as compost; and WHEREAS, the rental of compost grinding equipment is necessary to further grind the wood chips for use as compost. NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger Highway Superintendent, Graham Foster, is hereby authorized to rent compost grinding equipment from Stump —n- Wood Recycling in accordance with Stump —n- Wood Recycling Estimate No. 0602 dated March 8, 2002 attached hereto at a cost of Three Thousand Dollars ($3,000.00) per day or Fourteen Thousand Dollars ($14,000.00) per week. 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2002-115 AUTHORIZE ENGINEER TO THE TOWN TO AMEND THE ZONING MAP The following Resolution was introduced by COUNCILMAN COLSEY and seconded by Supervisor Ruggiero. WHEREAS, the Town Board by Resolution No. 104 of 2002 adopted Local Law No. 5 of 2002 rezoning properties on All Angels Hill Road in the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, that Paggi, Martin & Del Bene, Engineers to the Town are hereby authorized to amend the Zoning Map of the Town of Wappinger in accordance with Local Law No. 5 of 2002. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting ROBERT L. VALDATI, Councilman Voting VINCENT F. BETTINA, Councilman Voting JOSEPH P. PAOLONI, Councilman Voting CHRISTOPHER J. COLSEY, Councilman Voting The Resolution is hereby duly declared adopted. RESOLUTION NO. 117-2002 D Aye Aye Absent Aye Aye 03/25/2002 RGM RESOLUTION AUTHORIZING PAYMENT FOR ASSEMBLY AND INSTALLATION OF THE CHELSEA BOAT RAMP The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Mr. Colsey WHEREAS, the Recreation Committee solicited bids for the assembly and installation of the Chelsea Boat Ramp expanded mental surface panels; and WHEREAS, the Recreation Committee has provided an award recommendation to the Town Board. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Two Thousand, Seven Hundred and Sixty Dollars ($2,760.00) payable to White's Marina to finish the assembly and installation of the Chelsea Boat Ramp expanded metal surface panels, from Recreation Account No. A-7110.4, in accordance with the letter dated March 20, 2002 from Joseph E. Ennesser, Member of the Recreation Committee, to the Town of Wappinger 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 119 2002 RESOLUTION TO AUTHORIZE THE ADOPTION OF LOCAL LAW ENTITLED "LOCAL LAW NO. 6 OF THE YEAR 2002, AMENDING THE CODE OF THE TOWN OF WAPPINGERTO INCREASE THE INCOME ELIGIBILITY FOR PARTIAL REAL PROPERTY TAX EXEMPTIONS FOR REAL PROPERTY OWNED BY DISABLED PERSONS". The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. 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. #6 of the Year 2002, Amending the Code of the Town of Wappinger to Increase the Income Eligibility for Partial Real Property Tax Exemptions for Real Property Owned by Disabled Persons" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town; and 10 03/25/2002 RGM WHEREAS, a Public Hearing was held on March 25, 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 deliberations, 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 No. 6 of the Year 2002, Amending the Code of the Town of Wappinger to Increase the Income Eligibility for Partial Real Property Tax Exemptions for Real Property Owned by Disabled Persons", a copy of which is attached hereto and made a part of the 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 120 2002 RESOLUTION AUTHORIZING PAINTING FOR TOWN HALL MEETING ROOM AND JUSTICE COURT ROOM The following Resolution was introduced by COUNCILMAN COLSEY and seconded by Mr. Valdati. WHEREAS, it has been determined that the Town Hall Meeting Room and the Justice Court Room are in need of painting; and WHEREAS, Supervisor Joseph Ruggiero has solicited bids in accordance with the Town's procurement policy for the painting of the Town Hall Meeting Room and Justice Court Room; and WHEREAS, the lowest bidder was Pittman & Brown, Inc, 85 Dickson Street, Newburgh, New York 12550. NOW THEREFROE, BE IT RESOLVED, THAT Pittman & Brown, Inc. is authorized to paint the Town Hall Meeting Room and Justice Court Room for total bid price of Two Thousand, Four Hundred and Fifty Dollars ($2,450.00), 11 03/25/2002 RGM including labor and material, in accordance with the bid response dated March 11, 2002, a copy of which is attached 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS There was some discussion regarding the number of meetings that will be held in the coming months. COUNCILMAN VALDATI said the board went from two meetings a month to six. SUPERVISOR RUGGIERO went on to explain if there are any meetings which a board member cannot attend, we will work it out. The workload merits the extra meetings, because there are many big issues that must be dealt with NOW. At this time 8:00 p.m. COUNCILMAN COLSEY moved to go into Executive Session to consult with Council regarding pending litigation Seconded by Mr. Paoloni Motion Unanimously Carried The meeting reconvened at 10:15 p.m. with all board members present. There was no action taken at the Executive Session. COUNCILMAN BETTINA moved to close the meeting, seconded by Mr. Paoloni and unanimously carried. 12 Gloria J. ors Town erk r Town Board Correspondence Log Document # To From Date Received Re Agenda 2002CL - 0131 Supervisor & Town Boar Heather Kitchen 2/5/02 2/15/02 Court 3/25/2002 2002CL - 0132 Judge Wolfson & Kitchen Joseph Ruggiero 2/5/02 Court Calendar 3/25/2002 2002CL - 0133 Al Roberts Mark Liebermann 2/12/02 2/12/02 MVK Building Permit 3/25/2002 2002CL - 0134 Joseph Ruggiero Barbara Roberti 2/10/02 2/15/02 Greenway Compact 3/25/2002 2002CL - 0135 Supervisor and Town Bo Al Roberts 2/25/02 2/25/02 Insurance Coverage for Greenway Trails 3/25/2002 2002CL - 0 13 6 Joseph Ruggiero Elizabeth Doyle 2113/02 2/15/02 Community Development Block Grant 3/25/2002 2002CL - 0137 A] Roberts & Tom Davis Mark Liebermann 2/15/02 2/15/02 Trans Star 3/25/2002 2002CL - 0138 Supervisor & Town Boar Linda Tassadfoy 2114/02 2/19/02 Monthly Report 3/25/2002 2002CL - 0139 Town Board William Steinhaus 2/15/02 2/20/02 Greenway Connections 3/25/2002 , 2002CL - 0140 Joseph Ruggiero Joseph Paggi 2/19/02 2/21/02 Building/Zoning Meeting Minutes 3/25/2002 2002CL - 0141 Joseph Ruggiero Cannella Mantello 2/12/02 2/21/02 Greenway 3/25/2002 2002CL = 0142 Joseph Ruggiero Al Roberts 2/19/02 2120/02 Town Hall Entrance Conopy 3/25/2002 2002CL - 0143 Town Clerk Dale Roach 2/6/02 2/11/02 Liquor License 3/25/2002 2002CL - 0144 Tania Lukianoff, Marl Li Town Justices 2/19/02 2./19/02 Special Court Sessions 3/25/2002 2002CL-0145 Joseph Ruggiero Frank Gildea 2/15/02 2/20/02 monthly Report 3/25/2002 L " 2002CL-0146 Airport Advisory Commit James T. Hammond 2/13/02 2/14/02 T -Hangers 3/25/2002 2002CL - 0147 NYS DEC Public Meeting Notice 3/25/2002 ' 2002CL - 0148 AI Roberts Charles DelBene 2/11/02 2/14/02 Water Improvement 99-2 3/25/2002 " 2002CL-0149 Joseph Ruggiero Al Roberts 2/19/02 2/20/02 Holiday Displays on Public Property 3/25/2002 Pagel of 5 Wednesday, March 20, 2002 r- r� r - Document # To From Date Received Re Agenda 2002CL- 0150 Roderick MacLeod Al Roberts 2/27/02 2/27/02 Wildwood Subdivision 3/25/2002 2002CL - 0 15 1 Joseph Ruggiero Inder Kumar 2/28/02 Certificate of substantial completion 3/25/2002 2002CL - 0152 Joseph Ruggiero Emanuel Saris 2/22/02 2/27/02 Rawls Leisure Living v Linda Tasadfoy 3/25/2002 f 2002CL - 0153 DC Dept ofPlanning and 3/1/02 Zoning Referral 3/25/2002 -J 2002CL-0154 Jon Adams Al Roberts 2/28/02 Tri -Municipal 3A 3/25/2002 2002CL - 0155 Graham Foster 2/27/02 2/27/02 Bid Report 3/25/2002 2002CL - 0156 Joseph Ruggiero Al Roberts 2/25/02 2/28/02 Insurance Coverage for Greenway Traits 3/25/2002 2002CL - 0157 Richard Cantor Al Roberts 2/25/02 2/28/02 Atlantic Mortgage Properties 3/25/2002 2002CL-0158 Joseph Ruggiero Paul Sz%vedo 2/28/02 Residential Assesment Ratio 3/25/2002 2002CL - 0159 Mr and Mrs Talaber Mark Liebermann 2/27/02 2/28/02 186 Smithtown Road 3/25/2002 2002CL - 0160 Linda Tasadfoy Emanual Saris 2/22/02 2/27/02 Cedar Hill 3/25/2002 2002CL - 0161 john Kellard Peter Paggi 2/26/02 2/28/02 cranberry Hills Subdivision 3/25/2002 2002CL - 0162 Joseph Ruggiero Al Roberts 2/26/02 2/27/02 Wappinger Water Improvement 3/25/2002 2002CL - 0163 Jay Paggi A] Roberts 2/26/02 2/27/02 Sammartino Subdivision 3/25/2002 2002CL - 0164 Town Board Graham Foster 2120/02 2/20/02 Rental Rates Recycle 3/25/2002 2002CL - 0165 Supervisor and Town Bo Joseph Paggi 3/6/02 3/6/02 Proposed Water Improvements Bid Recommendati 3/25/2002 2002CL - 0166 Gloria Morse Rickt Harrison 2/26/02 2/28/02 Planning Board and Zoning Board 3/25/2002 2002CL - 0167 Joseph Ruggiero Craig Donnell 2/27/02 Planning and Zoning Boards 3/25/2002 2002CL - 0168 A] Roberts Tatiana Lukianofi 2/26/02 3/6/02 Hawking and Peddling Ordinance 3/25/2002 2002CL - 0169 Town Board Karl Seebruch 3/1/02 3/1/02 Building Inspector's Report for February 3/25/2002 2002CL - 0170 Minutes of Jan 14th Town Board Workshop 3/25/2002 Wednesday, March 20, 2002 Page 2 of 5 Document # To From Date Received Re Agenda 2002CL - 0171 NYSDEC 2/26/02 Public Meeting 3/25/2002 2002CL-0172 Paul Wilson Salvatore Pennini 2/25/02 2/6/02 Bond Closing 3/25/2002 2002CL-0173 Joseph Ruggiero Kenneth Christman 2/22/02 2/26/02 Spook Hill Recreation Park 3/25/2002 2002CL-0174 Town Clerk Susan Miller 2/22/02 2/26/02 Public Hearing 3/25/2002 2002CL - 0175 Tom Rothman Gerald Terwilliger 2/13/02 Bond Anticipation 3/25/2002 2002CL - 0176 Gloria Morse Tatiana Lukianoff 2/1/02 January Report 3/25/2002 2002CL - 0177 Zoning Board 2/26/02 January Report 3/25/2002 2002CL - 0178 Joseph Ruggiero Graham Foster 3/4/02 3/5/02 Fuel Usage 3/25/2002 2002CL - 0179 Jay Paggi and Linda Tasa Al Roberts 3/5/02 3/6/02 Tri-Municipal 3A 3/25/2002 2002CL - 0180 Town Board Mark Liebermann 3/4/02 3/5/02 Code Enforcement Conference 3/25/2002 2002CL - 0181 Joseph Ruggiero Barbara Roberti 3/8/02 3/8/02 Revised Driveway Revision Requests 3/25/2002 2002CL - 0182 Planning Board Fire Prevention Bureau 2/13/02 Revised Driveway Revision Requests 3/25/2002 2002CL - 0183 AI Roberts Joseph Paggi 3/6/02 3/8/02 Alpine!Phase 3A 3/25/2002 2002CL - 0184 Rosealie Kearns Michael Tremper 3/5/02 3/7/02 Board of Health Report 3/25/2002 2002CL-- 0185 Joseph Ruggiero Michael Tremper 3!5/02 3/6/02 Emergency Water Trucking 3/25/2002 2002CL - 0186 Jon Adams Al Roberts 3/5/02 3/7/02 Tri-Municipal 3A'Alpine 3/25/2002 2002CL-0187 Supervisor Richard Osielski 2/22/02 2002 Tentative Special Franchise Assessments 3/25/2002 2002CL - 0188 Joseph Ruggiero Al Roberts Fc Karen Mac 2/28/02 3/1/02 Recycle/Compost Pile 3/25/2002 2002CL - 0189 Joseph Ruggiero William Beale 2/21/02 3/4/02 Middlebush Fire 3/25/2002 2002CL - 0190 Joseph Ruggiero Linda Tasadfoy 2/27/02 3/7/02 Comp Time 3/25/2002 2002CL-0191 Town Board Graham Foster 2/28/02 3/1/02 Stump Grinding 3/25/2002 Wednesday, March 20, 2002 Page 3 of 5 Document # To From Date Received Re Agenda 2002CL - 0192 Supervisor Joan Trombini 12/21/02 3/6/02 Animal Coalition Team 3/25/2002 2002CL - 0193 Joseph Ruggiero AI Roberts 3/11/02 3/13/02 Rules of the Town Board 3/25/2002 2002CL - 0194 Joseph Ruggiero Graham Foster 3/12/02 3/13/02 Bid for Cleanup and fuel 3/25/2002 2002CL - 0195 Gloria Morse Tatiana Lukianoff 1/1/02 Schedule of Performance Bonds Dec 2001 3/25/2002 2002CL-0196 Zoning Department 1/1/02 Monthly Report Dec 2001 3/25/2002 2002CL - 0197 Zoning/Planning Boards 1/1/02 Zoning and Planning Board Monthly Totals 3/25/2002 2002CL - 0198 Joseph Ruggiero Charles Del Bene 3/7/02 3/11/02 Wappinger Sewer Transmission Treatment Improv 3/25/2002 2002CL - 0199 Jerry Craven 3/11/02 3/11/02 Dog Warden Report 3/25/2002 2002CL - 0200 Joseph Ruggiero Mark Liebermann 3/8/02 3/8.02 NYS Code Re-Certification 3/25/2002 2002CL - 0201 Joseph Ruggiero Al Roberts 3/8/02 MVK v. Town of Wappinger 3/25/2002 2002CL - 0202 Town Clerk Jeanette Gunn 3/8/02 3/11/02 Liquor License for Jet's Place 3/25/2002 2002CL - 0203 Receiver of Taxes 2/2002 3/12/02 Monthly Report 3/25/2002 2002CL - 0204 Joseph Ruggiero Audra Capogna 3/1/02 3/5/02 Martz Field 3/25/2002 2002CL - 0205 Joseph Ruggiero Richard Henley 3/12/02 3/12/02 Alamo 3/25/2002 2002CL - 0206 Joseph Ruggiero John Beale 3/11/02 3/12/02 Senior Picnic 3/25/2002 2002CL - 0207 Joseph Ruggiero AI Roberts 2/19/02 Alpine Commons Shopping Center 3/25/2002 2002CL - 0208 Dial A Ririe Advisory Bo 1/24/02 2/5/02 Board Meeting 3/25/2002 2002CL - 0209 Town Board Graham Foster 2/22/02 2/26/02 Salary 3/25/2002 2002CL-0210 Neil Winner Joseph Stankavage 3/12/02 3/14/02 99-2R 3/25/2002 2002CL - 0211 Rosalie Kearns Michael Tremper 3/5/02 Board of Health Report 3/25/2002 2002CL - 0212 DEC 3/11/02 Pemtit Application 3/25/2002 Wednesday, March 20, 2002 Page 4 of 5 0 Document # To From Date Received Re Agenda 2002CL - 0213 Karl Seebruch Joseph Paggi 3/8/02 3/12/02 Toulan Plot Plan 3/25/2'12 2002CL - 0214 Al Roberts Mark Liebermann 3/12/02 3/12/02 MVK 3/25/20 02 2002CL - 0215 Town Officials Robert and Barbara haim 2/26102 3/1/02 SmithTo,.vn Road 3/25/^_'. 02 2002CL - 0216 Walter Lazenka Graham Foster 3/13/02 3/13/02 Driveway 3/25,'2:-02 2002CL - 0217 2/11/02 3/13/02 Minutes 2/11 workshop 3/25%^-''02 2002CL - 0218 Zoning and Planning Boa 3/1/05 3/8/02 February Monthly Report 3/25'2002 2002CL - 0219 Gloria Morse Tatiana Lukianoff 3/1/02 Feb Schedule of Performance and Maintenance Bo 3/25/2002 2002CL - 0220 Joseph Ruggiero Cindy Baire and Walter 3/15/02 3/18/02 GAR Associates 3/25/2002 2002CL - 0221 Joseph Ruggiero Al Roberts 3/13/02 3/18/02 Email Address 3/25/2002 2002CL - 0222 Joseph Ruggiero Linda Tasadfoy 3/18/02 3/18/02 Dutchess Falls Apartments 3/25!2'.02 2002CL - 0223 Supervisor & Town Boar Joe Ennesser 3/20/02 3/20/02 PO Request 3/25/2(--02 2002CL - 0224 Supervisor & Town Boar Linda Tasadfoy 3/25/02 3/19/02 Monthly Report 3,125!2C-02 Wednesday, March 20, 2002 Page 5 oC5 (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. lcmwja MW of -------------- Wappinfer Town "Rxgilt Local Law No. ----- #6------------------------------- of the year 2002-- A local law ...eAt.t� �� _ ��f,Qcal_ Law No: of the _Year - 2002- , -Amenc.-ing--the---Code---- ---- u�.e„ rida - ----------------------------- of the Town __of_Wap pinger-to Increase the Income Eli€ibilit) for Partial -------------------------------------------------- Real Property Tax Exemptions for Real Property Ownec by Disabled Persons" -------------------------------------------------------- ilr Be it enacted by the----Tawn_Bnard-------------------------------------------------------------------- of the (.Yawn ofL,ji'reti.v Body) Qft Town of ----------- Wnpp�-�Qr--------------------------------------------------------------- as follows: `MM)w TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) 00S-239(Rev 1.1'99) LOCAL LAW NO. #6 OF THE YEAR 2002 A Local Law entitled "Local Law No.#6 of the Year 2002, Amending the Code of the Town of Wappinger to Increase the Income Eligibility for Partial Real Property Tax Exemptions for Real Property Owned by Disabled Persons." 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. #6 of the Year 2002, Amending the Code of the Town of Wappinger to Increase the Income Eligibility for Partial Real Property Tax Exemptions for Real Property Owned by Disabled Persons", which shall amend the present Town Code fixing the income limitations for eligibility for real property tax exemptions for disabled persons, as set forth below. Section II: Legislative Intent: Section §459-c of the Real Property Tax Law has been amended to increase the maximum income eligibility for a real property tax exemption of fifty percent (50%) for property owned by disabled persons, specifically, from Nineteen Thousand, Five Hundred Dollars ($19,500.00) to Twenty Thousand, Five Hundred Dollars ($20,500.00) and for additional partial exemptions depending on income, provided the combined income is not greater than Twenty Eight Thousand, Nine Hundred Dollars ($28,900.00). The Town Board determines that it is in the best interest of the citizens of the Town of Wappinger to increase the income eligibility for this real property exemption as authorized by the most recent amendments to Section §459-c of the Real Property Tax Law. Section III: Increase in Income Eligibility: The Town of Wappinger Code §221-12 (C) is hereby amended to read as follows: "Section 221-12 (C): In order to be eligible for a 50% tax exemption, the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making the application for exemption shall not and may not exceed the sum of $20,500. The "income tax year" shall mean the twelve (12) month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the preceding calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such income, except if the husband or the wife is absent from the property due to divorce, legal separation or abandonment, then only the income of the spouse or ex-spouse residing on the property shall be considered, and may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and the net income from self- employment, but shall not include a return of capital, gifts or inheritances, or monies earned through employment in the federal foster grandparent programs, and such income shall be off -set by all medical and prescription drug expenses actually paid which were not reimbursed or paid for by insurance. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income." Section 221-12 (D) of the Code of the Town of Wappinger is hereby amended to read as follows: Section 221-12 (D): "If the income of an eligible property owner or the combined income of the owners of the property exceeds the sum of Twenty Thousand, Five Hundred Dollars ($20,500.00) for the income tax year immediately preceding the date of making the application for tax exemption, and is not greater than Twenty Eight Thousand, Nine Hundred Dollars ($28,900.00), said owner shall be entitled to a partial exemption as follows: ANNUAL INCOME $0 to $20,500 $20,500.01 to $21,500.00 $21,500.01 to $22,500.00 $22,500.01 to $23,500.00 $23,500.01 to $24,400.00 $24,400.01 to $25,300.00 $25,300.01 to $26,200.00 $26,200.01 to $27,100.00 $27,100.01 to $28,000.00 $28,000.01 to $28,900.00 PERCENTAGE OF ASSESSED VALUATION EXEMPT FROM TAXATION O:\WAPPINGBTown Board\LOCAL LAW\Disabi1ity\2002\Loca1 Law.doc 50% 45% 40% 35% 30% 25% 20% 15% 10% 5%97 Section IV: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: Effective Date: This Local Law shall take effect immediately upon filing as provided by the Municipal Home Rule Law and shall be applied retroactively from January 1, 2002. O:\WAPPINGE\Town Board\LOCAL LAW\Disabi1ity\2002\Loca1 Law.doc 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. ----- 116--------------------------- of 20_Q2 of the (GY N0DC;X)(Town)(WX of-•--Wagpingger............................................... was duly passed by the Town_ Boa_d_____________________ on _March Z5 �O IlZ, in accordance with the applicable provisions of law. (Name of LegWitive Bodv) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20______ of the (CountY)(CitY)(Town)(Village) of--------------------------------------------------------------__ was duly passed by the _______________________________________________ on ------------------ 20 -__ , and was (approved)(not approved)(repassed after (Name of Legislarive Bodvt 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 lav No. ----------------------------------- of 20------ ofthe (Count y)(Cin)(Town)(Village) of----------------------------------------------------------------- was duly passed by the ................................................... on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name of Legialstive Bodvl disapproval) by the ------------------------------------------------- on ------------------- 20--- Such local lav was submitted lEec:ive Chief Executive Offt.er') to the peopic 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 filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local lav No. ----------------------------------- of 20------ of the (County)(City)(Town)(Village) of--------------------------------•-------------------------------. was duly passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approve d)(repassed after i Name q LiSijlwi,e Bodvl disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to iElecnve Chief Execume 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 husi; or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or tht: supervisor (;f a town where such officer is vested with the power to approve or veto local laws or ordinances. GI) I hereby certify that the local law annexed hereto, designated as local lav No.----------------------------------- 0120 ...... 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 lav 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 --..--I...... above. It n n '�_? (Seal) Clerk of the County legisla�itiv dy itv,or Village Clerk or officer designated by to legi tive bodv GLORIA N09U, o Cler Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Dutchess I, the undersigned., hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had nr taken for the enactment of the heal law annexed heretn_ Albert P. Roberts, Attorney to Town Title Qxaffq CIWXX of Wappinger Town vi:UgX Date: 3 '2 41 0 '2— (3) (3) 03/25/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on March 25, 2001, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Law amending the code of the Town of Wappinger to Increase the Income Eligibility for Partial Real Property Tax Exemptions for Real Property Owned by Disabled Persons. SUPERVISOR RUGGIERO opened the Hearing at 7:35 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Meeting). There were no questions or comments from the audience. COUNCILMAN COLSEY moved to close the Public Hearing. Seconded by Mr. Paoloni The Public Hearing closed at 7:36 p.m. Motion Unanimously Carried Gloria J. Mors < Town Clexk/ TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW TO INCREASING INCOME ELIGIBILITY FOR PARTIAL TAX EXEMPTIONS FOR REAL PROPERTY OWNED BY DISABLED PERSONS STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING GLORIA J. MORSE, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 8, 2002, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law amending the code of the Town of Wappinger to Increase the Maximum Income Eligibility for Partial Real Property owned by disabled persons, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. GLORIA J. RSE Town ClVappinger Town of n Sworn to before e the"`S da o ��!� _ Y ALBERT P. ROBERTS NOTARY PUBLIC, State of New Tort NOTARY PUBLIC Qualified in Dutchess Count, Commission Expires Feb. 28, 20/ � �� ('•' i it i,. ink I" -F I <A cap \/ .1 t C> F P LA L> _1 i +c <a t i <>'-k F I_.I. T0I,,)`4 l; Jor°ar'd h'iJ_:L_I_ ri_ ,;1i_•r1; w c) r L.i a» ,D�:r� ,�rlCl i C .%r;.(_) t ? 1' i` i_ E r d 1,(1.a (j'II r71_!!:_i� 1.::.:�..,i "C.i 111 i' ii..,r...`.;� y '1 L:rIJ1i'Ii� _ ;,� �a1_ _���i N! (.,J YC?h"�` _�rl, r: i It to ri t, j, h ). i F rlriri= 1 � (,.J i'g v it DI r: f rl i. 1 " f. i l Cj -- r' cif Mar i t: a I, ';y ALBERT M. OSTEN NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN BUTCHESS COUNTY # 14.8240760 COMMISSION EXPIRES JUN 15 2003 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of theTown of Wappinger will conduct a PUBLIC HEARING on the 2fith day of March, 2002. at 7:30 p.m, at the Town Hell, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, NewYork, at which time, all parties in Interest and citi- zens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Local Law entitled "LO - .cal Law No. _ of The Year 2002, Amending the Code of the Town of Wappinger to Increase the Income Eligibility for Partial Real Property Tax Exemptions for Real Property Owned by Disabled Persons.- PlI.FJISE TAKE FURTHER NOTICE that the purpose and intent of the Pro- posed Local Law is to Increase the owner's Income limit for eligibility for a real property, tax exemption of fifty percent (50%) for real property owned by disabled persons from $19,500.00 to $20,500.00, and to make partial exemptions available for disabled persons reater then $20h500A0 but lesose incomes are s than $28,900.00. PLEASE TAKE FURTHER NOTICE that the that pursuu nt oo6r7NYCRR 61 8 has determined ) (20) the proposed adoption of the aforementioned Loom Law Is a Type II action not requiring environmental review pursuant to the Stale Environ- mental Ouallty Review Act (SEORA) or pursuant to Local Law No. 6 o1 1992, and, accordingly, no environ- mental review has been undertaken. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No._ of the Year 202 are available for review and inspection at the Office of the Town Clerk on week- days from 6:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: March 5, 2002 BY ORDER OF THE TOWN BOARD OF THE' TOWN OF WAPPINGER GLORIA J. MORSE, TOWN CLERK