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2002-02-25 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER FEBRUARY 25, 2002 7:30 P.M. • CALL TO ORDER • ROLL CALL, SALUTE TO THE FLAG • RECEIPT & APPROVAL OF MINUTES: 12/27/01, 01/02/02 • SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS • PUBLIC HEARINGS (4) (1) Proposed Local Law Amending Procurement Policy of T/W (2) Proposed Local Law Amending town Records Retention & Disposition Policy of T/W (3) Proposed Local Law Establishing & Adopting provisions for a Succession of Authority & Creating new Section of Town Code • EXECUTIVE SESSION (4) Public Hearing to Increase and Improve Facilities at the Oakwood Water District 7:45 p.m. • PRESENTATIONS (1) Sloper Willen (2) Work Camp (3) Montfort Road Community Center AGENDA ITEMS • CORRESPONDENCE LOG 2002CL- 0049 TO 2002CL-0128 • PROPOSED RESOLUTIONS • R2002 -76A Reintroduce GALS Rezone • R2002-84 Authorize Payment for Town Summer Concert Series. • R2002-85 Authorize Paggi, Martin & DelBene Prepare Map, Plan & Report for Tall Trees Water District & Montclair Condominiums. • R2002-86 Authorize Execution of Agreement between T/W and County of Dutchess. • R2002-87 Authorize Execution of Agreement between T/W and St. Francis Hospital. • R2002-88 Authorize P.O. $1,058 payable to M.A.S.A. for Purchase of fence for Robinson Lane. • R2002-89 Authorize P.O. $550 payable BSN for new swing seats various T/Parks. • R2002-90 Authorize P.O.s $2,680 Superior Sanitation Porta Johns 2002 Season Airport Park & Rockingham Park. • R2002-91 Notification of intent to renew Liquor License from Charlie's Too. • R2002-92 Authorize Acceptance of "Crescent & Star Structure from Mid -Hudson Islamic. • R2002-93 Introduce Increase Disability Exemptions Local Law. • R2002-94 Airport Veterinarian street light request. • R2002-95 Authorize Adoption LL Amending Town Records Retention & Disposition Policy of T/W • R2002-96 Authorize Appeal Article 78 Proceeding Commenced Against T/W by Gas Land Petroleum. • R2002-97 Authorize Adoption LL Establishing & Adopting Provisions for Succession of Authority & Creating New Section of Code • R2002-98 Authorize Payments in Lieu of Compensation Time. • R2002-99 Adoption LL Amending Procurement Policy for T/W. • R2002-100 Authorize Prosecution of Town Code Violations. • R2002-101 Authorize Installation of Play Set at Spook Hill Recreation Area. NEW BUSINESS COMMENTS ADJOURNMENT 02/25/2002 RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on February 25, 2002 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. SUPERVISOR RUGGIERO opened the meeting at 7:31 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman Gloria J. Morse, Town Clerk COUNCILMAN VALDATI announced that Mr. Bettina was absent tonight due to a family emergency. 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 December 27, 2001 and Workshop Meeting of January 2, 2002 having previously been forwarded to the Board Members, was now placed before them for their consideration. COUNCILMAN VALDATI 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 At this time, 7:38 p.m. COUNCILMAN VALDATI moved to go into Executive Session to confer with Attorney on possible litigation against the Town of Wappinger. Seconded by Mr. Colsey Motion Unanimously Carried The meeting reconvened at 8:00 p.m. with 4 Board Member in attendance. There was no action taken at the Executive Session. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS. COUNCILMAN VALDATI moved to accept the of Rules. Seconded by Mr. Colsey Motion Unanimously Carried COUNCILMAN COLSEY moved to readopt the Rules. Seconded by Mr. Paoloni Motion Unanimously Carried 1 02/25/2002 RGM PRESENTATIONS The first presentation is Frank Gildea, the Executive Director of Sloper Willen Ambulance Company. Their contract is up for renewal. Mr. Gildea gave a short presentation on Sloper-Willen including the year founded. They are independent and a not for profit organization. Sloper has 15 vehicles, and are one of the largest local employers. At present there are over 120 individuals working for Sloper-Willen. They are capable, with their life support, to bring the emergency room to the patient while in the field. Sloper-Willen is also the largest provider of 911 emergency response in Dutchess County, Putnam County and is the seventh largest CPR training site in the State of New York. They are also available 7 days a week, 24 hours a day to transport patients either locally or from one state to another. They teach public access to fibrillation, first aid, safety demonstrations, Stop DWI, school programs, and also do CME training for local volunteer fire and EMS personnel. In 2001 Sloper-Willen responded to 1,750 calls in the Town of Wappinger. COUNCILMAN PALONI wished to know how Sloper-Willen handled deficits. Mr. Gildea replied that 10% of their business is non- emergency contractual work, such as Castle Point Veterans. SUPERVISOR RUGGIERO wished to thank Mr. Gildea for his presentation tonight. NO ACTION TAKEN The next speaker before the Board is Sam Patton, an affiliate of the Group Workcamp of Dutchess County. Mr. Patton explained that he and Mr. Richardson, the General Manager were here on July of 2001 to give a presentation that included a video tape on the Group Workcamp. He went on to explain that this is an organization headquarted in Colorado that organizes Workcamps for teenagers both junior high and senior high age with a church background. These youngster pay around $365 for the privilege of participating in a Workcamp for a week There would be approximately 600 youngsters coming to Dutchess County later this summer The youngsters involved in the camp will work in teams of 5 with an adult supervisor with each team to provide no cost or low cost rehabilitation and repair to houses belonging to one person that needs certain criteria for low income. As of 2 weeks ago, he had 9 applications for jobs to be done in the Town of Wappinger. Prior to each job, a team of volunteers and professionals will evaluate each job and determine what must be done, estimate of costs, etc. Teams will then be assigned to perform the work. If any jobs in the Town of Wappinger require building permits, they will come in to obtain building permits in advance. Several towns have waived the fees for the building permits. The Town of Wappinger would be a named insurer on the insurance policy carried by the Group Workcamps, Inc. Al Roberts, Attorney X 02/25/2002 RGM to the Town informed Mr. Patton that the original resolution that was submitted to us requested the town waive the requirement for building permits and fees. Mr. Patton explained that this was a typographical error. They wished to have the fees waived, not the building permits. Mr. Roberts explained that the original proposal suggested that the Group Workcamp Foundation would hold the town "Harmless" for many of your activities. In order for this to be effective, there will have to be a separate agreement on your part indicating that the Group Workcamp would hold the town "Harmless". Mr. Patton said he would get in touch with the Group Workcamp in Colorado for an answer. SUPERVISOR RUGGIERO thanked Mr. Patton for the presentation, and announced as soon as everything is squared away we will place this resolution on the agenda and adopt it. NO ACTION TAKEN. The last presentation pertains to the Montfort Road Community Center. Charles DelBene, of Paggi, Martin & DelBene explained that during the initial phase of the surveying/engineering work for the center they were preparing the necessary topographic work of the floodplain analysis when they noticed that the benchmark given to them on the HUD flood maps did not seem to be consistent with the known elevations in the area. After rechecking the elevation given to them by the Federal Government with other known points of elevation based on USGS, it was determined that the benchmark given to them by the Federal Government on the flood maps at the bridge on Montfort Road is an error or has been changed, and therefore, they used current USGS elevation. The floodplain for the property plots as shown on the accompanying sketch, is somewhat different than the flood maps provided to them by HUD. The area in question is the area in front that would encompass the majority of the parking. The sketch presented by Mr. DelBene showed the proposed building could be "shoehorned" into the site using current zoning regulation and good design practices. The majority of the parking and subsurface sewage disposal system would be located within areas that are subject to periodic flooding, yet somewhere between the HUD maps and the Engineers definition of the 100-yer floodplain. With all that in mind, it would appear as if constructing this building on the site would: • Limit any further development of the site. • Place the majority of the parking area in flood prone area. • Place the subsurface sewage disposal system directly adjacent to the 100 - year floodplain area. • Place the backyard and right side yard directly in the 100 -year floodplain. 3 02/25/2002 RGM With the above in mind, it would seem that due to those limitations that the Board may wish to consider conducting a search for another site to construct this facility. It seems that it may appear shortsighted to construct a building that has 0% for future growth. Discussion followed. NO ACTION TAKEN. CORRESPONDENCE LOG 2002 CL -0041 TO 2002 CL 0128 Doc.# To. From Re: 0041 Supervisor/TB L. Tasdafoy Monthly Report 0042 Supervisor/TB J. Paggi Building/Zng Mtgs. 0043 J. Ruggiero J. Paggi Umberto Lagreco 12 Pine Ridge 0044 J. Kellard P. Paggi Cranberry Hills Subdivision 0045 Planning/Zone Mo. Report -Dec. 0046 Supervisor Anne Saylor DC Consolidation Plan 0049 J. Ruggiero J. Paggi Wapp/Sewer/Trans/Treatment 0050 J. Paggi/David Peter Wapp/Sewer Transmission 0051 J. Ruggiero C. DelBene Wapp/Sewer Transmission 0052 Mr. & Mrs. Gray A. Roberts Well Water Quality 0053 J. Ruggiero J. Paggi Bldg/Zoning Mtgs. 0054 Super/Planning S. LeRoy Sub. Appl. 9D, Old Hopewell Rd 0055 F. Straub M. Liebermann Open Burning Prohibited 0057 S. Coulter A. Roberts NYS Envir. Facilities Corp. 0058 G. Supple A. Roberts Fleetwood II Wtr. Emergency 0059 T/B S. Lowery Resignation as Rec Director 0060 ZBA Attendance for Sept. 0061 M. Merriman J. Stankavage Wapp/Wtr Improv 99-2R 0062 J. Ruggiero J. Paggi Middlebush Rd. 0063 V. Bettina G&M. Hanna Water Connection 0064 J. Ruggiero M. Tremper Oakwood Water Dist. 0065 Jon Adams A. Roberts Kosuch Appeal 0066 D. Wery A. Roberts GALS Rezone 0067 K. Sebruch A. Roberts V & G Khorosh 0068 C. Wolfson A. Roberts Z&M Dev. Sherwood Hgts. 0069 Supervisor/TB T. Lukianoff Definition Bld. Heights 0070 Town Clerk K. Williams Public Hearing Notice 0071 A. Quartararo A. Roberts Joint Wtr Bd/City/T/Pok 0072 Supervisor/TB J. Stankavage Wapp Sewer Transmission rrr 0073 J. Ruggiero J. Glass Hamlan Property 0074 M. Merriman J. Stankavage Wapp Wtr Improvement 0075 J. Ruggiero J. Stankavage Wapp Wtr Improvement 0076 J. Ruggiero Elva Girton N. Hackensack Rd Speed Limit 4 02/25/2002 RGM 0077 D. Wery A. Roberts GALS 0078 J. Ruggiero P. Paggi Recycling Center 0079 J. Ruggiero P. Paggi Prop. Stream/Wetland Clearing 0080 C. Smith J. Greenblatt SCA Bldg. Dept Software 0081 Supervisor/TB G. Morse Records Consultant 0082 J. Ruggiero A. Roberts Benjamin Construction 0083 J. Ruggiero Jerry Owen Animal Contr. Officer Training 0084 S. Patton Workcamp of DC 0085 J. Ruggiero A. Roberts Wapp Pk Water District 0086 J. Ruggiero Jay Weis Street Light 0087 Supervisor/TB T. Lukianoff Request to Attend Course 0088 P. Witco T. Lukianoff R. Carlson 3 Bowdoin Ln. 0089 J. Ruggiero M. Tremper Oakwood Water District 0090 J. Ruggiero J. Paggi Oakwood Water District 0091 A Robert J. Peluse Town of Wappinger 0092 Supervisor G. Schaefer Middlebush Road Fire 0093 J. Ruggiero J. Paggi Phase 3A Pavillion 0094 Supervisor/TB P. Paggi LGRMIF 0095 Town Clerk T/Pougkeepsie Public Hearing 0096 L. Tasadfoy Ken Brown Assessor's Review Board 0097 G. Terwilliger C. DelBene WSTTIA Phase 3A Contract 3 0098 G. Terwilliger C. DelBene WSTTIA Phase 3A Contract 5 0099 J. Ruggiero J. Paggi Tri -Muni Sewer Phase 3A 0100 J. Ruggiero A. Roberts Joint Water Board 0102 J. Ruggiero M. Tremper Wter Connect Osborne Hill Rd. 0103 D. O'Connor J. Paggi Wappinger Park Water 0104 EPA Meting 2/13 & 2/20 0105 Town Board Aziz Ahsan Donation Muslim Ident. Symb. 0106 Town Board P. Roe Request for P.O.'s 0107 J. Ruggiero J. Greenblatt SCA Bldg. Dept Software 0108 Building Bldg. Inspector Water & Sewer Permits 0109 Receiver of Taxes Monthly Report 0110 Town Board Bldg Inspector Report for January 0111 Join Town Government Today LW 0112 Recreation Director Wanted 0113 T/B S. Lowery Letter of Resignation 0114 Alan Lehigh A. Roberts Article 78 Proceedings 0115 Town Clerk C. Conklin Liquor License Renewal 0116 J. Ruggiero J. Stankavage Atlas Well Construction 0117 G. Terwilliger L. Hannigan Audit Comment 5 02/25/2002 RGM 0118 J. Ruggiero P. Paggi LaFonda Del Sol Prop Connect. 0119 R. Holt Eric Fellenzer Sports Light Robinson Lane 0120 J. Ruggiero A. Roberts Montclair Townhouses 0121 J Ruggiero G. Richardson Group Workcamp of DC 0123 Supervisor/TB J. Paggi Montfort Rd Comm. Center 0124 M. Liebermann A. Roberts MVK vs Town of Wappinger 0125 Thomas Davis T. Lukianoff Appearance Ticket #85 0126 Supervisor/TB C. Wolfson Justice Report January 0127 Adam Carlson M. Liebermann Violation 0128 J. Ruggiero R. Henley Alamo Services RESOLUTION NO. 2002 AUTHORIZING THE PLACEMENT OF CORRESPONDENCE COMMUNICATIONS ON FILE The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Colsey 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 r 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. 76A 2002 RESOLUTION OF RE -INTRODUCTION LOCAL LAW NO. _ OF 2002 AMENDMENT OF TOWN OF WAPPINGER ZONING MAP The following resolution was moved by COUNCILMAN PAOLONI and seconded by Mr. Valdati. WHEREAS, an application known as GALS Inc. Contractor's Storage Facility, for site development plan approval involving the outdoor storage of large contracting equipment was made to the Town of Wappinger Planning Board in 1999; and WHEREAS, the subject property is located on the west side of All angels Hill Road approximately 1,300 feet south of the intersection with New Hackensack Road and is known as tax lot 6259-03-488062; and WHEREAS, the subject property is zoned GB General Business on its northern half and R-40 One -Family Residence to the south; and n Fil 02/25/2002 RGM WHEREAS, properties north of the subject property and north to the Dutchess County Airport are zoned for and generally developed with commercial uses and to the south and east the area is zoned and developed for one -family residences; and WHEREAS, the impact of the permitted commercial use of the property upon the proper use and enjoyment of the adjacent and nearby residential properties was the primary issue of concern during the review of the application; and WHEREAS, the GALS, Inc., application was formally withdrawn by letter dated September 25, 2001; and WHEREAS, in response to concerns raised at meetings and public hearings before the Planning Board regarding the GALS, Inc. application, the Town Board referred this matter to the Town's Planning Consultant to conduct a review of the appropriateness of the existing GB zoning of the property; and; WHEREAS, a review was conducted of the subject property and two immediately adjoining lots, known as tax lots 6259-03453041 and 6259- 03494036 (together the three properties shall be known as the "Subject Properties"), against the 1988 Town Comprehensive Plan; and WHEREAS, the review revealed a discrepancy between the property boundaries and the zoning district boundaries, resulting in each of the three Subject Properties being located in more than one zoning district: GB General Business and R-40 Residence; and WHEREAS, the review also revealed a conflict between the residential land use recommended in the 1988 Town Comprehensive Plan for the Subject Properties and the zoning district boundaries on the same properties; and WHEREAS, in addition to the Town's 1988 Comprehensive Plan, prior plans form 1962 and 1974 also recommended that each of the three subject lots be developed with single-family residential uses consistent with the R-40 Residence District; and WHEREAS, these "split zoned" properties are particularly problematic because of the incompatibility of the permitted uses within each district; and WHEREAS, the 1988 Comprehensive Plan also specifically addresses the area in which the subject properties are located in terms of environmental constraints: The New Hackensack site is affected by a ravine, whose stream and wooded slopes should be preserved as a natural buffer between businesses along New Hackensack Road and the residential areas to the south. Commercial sites south of the stream crossing on All Angels Hill Road should be prevented both from creeping southward and from further encroaching on this buffer. (Page 20, Emphasis added) h 02/25/2002 RGM WHEREAS, while the 1988 Plan clearly states that commercial use should not be allowed to extend further southward and such expansion has not occurred since the plan's adoption in 1988, such expansion was only narrowly avoided when the GALS, Inc. application was withdrawn; and WHEREAS, the Subject Properties have not been developed commercially and therefore can be rezoned without creating non -conforming uses or dimensionally non -conforming lots; and WHEREAS, rezoning the Subject Properties to be entirely within the R-40 Residence Zone would ensure consistency with, and implement the specific recommendations of the 1988 Town Comprehensive Plan and would acknowledge the single family residential use of the Subject Properties and surrounding areas; and WHEREAS, the Town Board has determined that the Town of Wappinger Zoning Map requires updating and correction; and WHEREAS, the Town Board currently has before it for consideration the proposed amendment to the Town of Wappinger Zoning Map that would rezone approximately 3.8 acres area of land distributed between subject properties totaling approximately 9.01 acres in size, located on the west side of All Angels Hill Road approximately 1,300 feet south of the intersection with New Hackensack Road, from GB General Business to R-40 Residence (the "Proposed Action"); and WHEREAS, the purpose of the rezoning from GB to R-40 is to bring the Subject Properties completely within the R-40 Residence District, to ensure consistency with, and implement the specific recommendations of the 1988 Town Comprehensive Plan and to acknowledge the single-family residential use of the Subject Properties and surrounding areas; and WHEREAS, the Town Board has determined that the Proposed Action is an unlisted 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): and WHEREAS, on February 11, 2002, the Town Board introduced for consideration the Local Law No. _ of 2002 in form annexed thereto; and WHEREAS, it was later discovered that the tax identification number of one of the three affected properties, tax lot 6259-0-3-488062, was incorrectly identified as 6259-03-475065; and WHEREAS, the proposed local law has been corrected; and WHEREAS, the purpose of this resolution is to re -introduce corrected version of Local Law No. _ 2002 in form annexed hereto. NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS: I 02/25/2002 RGM 1. The Town Board of the Town of Wappinger hereby introduces 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 and Zoning Map as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed Comprehensive Plan and Zoning Law amendments. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. _ of 2002 for 7:30 p.m. on the 11th day of March, 2001 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less that ten (10) days prior to said public hearing date. 4. 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 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. 84 2002 RESOLUTION TO AUTHORIZE PAYMENT FOR TOWN'S SUMMER CONCERT SERIES AND FAMILY FUN NIGHTS The following Resolution was introduced by COUNCILMAN COLSEY and seconded by Mr. Valdati Q7 02/25/2002 RGM WHEREAS, the Recreation Committee desires to hire performers for its Summer Concert Series and Family Fun Nights. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of One Thousand Dollars ($1,000.00), made payable to Barry Petrillo for Hot Rod Band, from Recreation Account A-7140.4, for a Summer Concert performance on July 4, 2002, in accordance with the letter dated February 4, 2002 from Peggy Roe, Recreation Department Secretary, to the Town Board Member. BE IT FURTHER RESOLVE THAT, that payment is approved in the amount of One Thousand and One Hundred Dollars ($1,100.00), made payable to Dorraine Scofield for Thunder Ridge, from Recreation Account A- 7140.4, for a Summer Concert performance on July 4, 2002, in accordance with the letter dated February 4, 2002 from Peggy Roe, Recreation Department Secretary, to the Town Board Member. BE IT FURTHER RESOLVED THAT, that payment is approved in the amount of One Thousand Dollars ($1,000.00), made payable to Encore Performing Arts, Inc. for "Goowin's Balloowins", from Recreation Account A- 7140.4, for a Family Fun Night performance on August 2, 2002, in accordance with the letter dated February 4, 2002 from Peggy Roe, Recreation Department Secretary, to the Town Board Member. 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. 85 2002 RESOLUTION TO AUTHORIZE PAGGI, MARTIN & DEL BENE IN THE PREPARATION OF A MAP, PLAN & REPORT FOR THE TALL TREES WATER DISTRICT AND THE MONTCLAIR CONDOMINIUMS The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Mr. Colsey WHEREAS, it has been reported to the Town Board that the wells supplying the Tall Trees Water District do not meet the standards of the Dutchess County Health Department for a public water supply, and at times, has been unable to provide sufficient quantities of water for the users of the District; and WHEREAS, it has been also reported to the Town Board that the Montclair Condominiums have had to truck in water to supplement the supply of water 10 02/25/2002 RGM needed to fulfill the needs of the residents of the Montclair Condominiums; and WHEREAS, Joseph E. Paggi, Jr., of Paggi, Martin & Del Bene, Engineers to the Town, has indicated that there may be alternate supplies of water available to supplement both the Tall Trees Water District and the Montclair Condominiums; and WHEREAS, the Tall Trees Water District and the Montclair Condominiums are contiguous to each other. NOW, THEREFORE, BE IT RESOLVED, that Paggi, Martin & Del Bene, Engineers to the Town, are hereby authorized and directed to prepare a Map, Plan and Report in accordance with the requirements of 209-c and/ or 209-q of the Town Law for the purpose of studying alternative supplies of water for the Tall Trees Water District and the Montclair Condominiums and nearby properties that may also benefit from municipally supplied water. 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. 86 2002 RESOLUTION TO AUTHORIZE THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF WAPPINGER AND THE COUNTY OF DUTCHESS The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Paoloni. WHEREAS, the Town entered into an Agreement with the County dated February 9, 1998 (County Contract No. 98 -0129 -12/98 -OA) providing a joint service transportation system for senior citizens and handicapped individuals; and WHEREAS, said Agreement has been amended and extended from time to time; and WHEREAS, the Town desires to extend the term of said Agreement for an additional period of one (1) year. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby accepts the terms and conditions set forth and contained in the Extension Agreement dated , 2002, by and between the County of Dutchess and the Town of Wappinger, for providing a joint service transportation system for senior citizens and handicapped individuals. 11 02/25/2002 RGM BE IT FURTHER RESOLVED, that the Supervisor of the Town is hereby directed and authorized to execute the Extension 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 87 2002 RESOLUTION TO AUTHORIZE THE EXECUTION OF THE AGREEMENTBETWEEN THE TOWN OF WAPPINGER AND ST. FRANCIS HOSPITAL The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Colsey. WHEREAS, the Town desires to establish and administer an Employee Assistance Program for employees of the Town and their immediate families. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby accepts the terms and conditions set forth and contained in the Agreement dated March 1, 2002 by and between St. Francis Hospital and the Town of Wappinger for providing an Employee Assistance Program for Town employees and their immediate families. BE IT FURTHER RESOLVE THAT, the Supervisor of the Town of Wappinger, Joseph Ruggiero, is hereby directed and authorized to execute said Agreement 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 88 2002 RESOLUTION TO AUTHORIZE PAYMENT FOR FENCE GUARD The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Mr. Valdati WHEREAS, the Recreation Committee desires to install an 800 feet of fence guard for fields at Robinson Lane Recreation Field. 12 02/25/2002 RGM NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of One Thousand and Fifty -Eight Dollars ($1,058.00), made payable to M.A.S.A., the low bidder pursuant to the town's procurement policy, from Recreation Account No. A-7100.4 for the purchase of 800 feet of fence guard for the fields at Robinson Lane Recreation Field, in accordance with the letter dated February 7, 2002 from Peggy Roe, Recreation Department Secretary, to the 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 89 2002 AUTHORIZE PAYMENT FOR NEW SWING SETS The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Mr. Colsey. WHEREAS, the Recreation Committee desires to purchase new swing seats to repair deteriorated seats at the various parks. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Five Hundred and Fifty -Five Dollars ($555.00), made payable to B.S.N., from Recreation Account No. B-7310.4 for the purchase of fifteen (15) slash proof swing seats and five (5) 360 degree bucket seats to replace deteriorated swing seats at various Town parks, in accordance with the letter dated February 7, 2002 from Peggy Roe, Recreation Department Secretary, to the 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 90 2002 AUTHORIZE PAYMENT FOR PORTA JOHNS RENTALS The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Paoloni. WHEREAS, the Recreation committee desires to rent Port -a -Johns for the 2002 season for Airport Park and Rockingham Park. 13 02/25/2002 RGM NOW, THEREFORE, BE IT RESOLVED, that payment is approves in the amount of One Thousand, Four Hundred and Eighty Dollars ($1,480.00), made payable to Superior Sanitation from Recreation Account No. A-7100.4 for rental of one (1) Port -a -John for eight (8) months and one (1) handicapped accessible Port -a -John for four (4) months for use at Airport Park, in accordance with the letter dated February 13, 2002 from Peggy Roe, Recreation Department Secretary, to the Town Board Members. BE IT FURTHER RESOLVED, that payment is approved in the amount of One Thousand, Two Hundred Dollars ($1,200.00), made payable to Superior Sanitation, from Recreation Account No. A-7100.4 for rental of two (2) Port -a - Johns for eight (8) months for use at Rockingham Park, in accordance with the letter dated February 13, 2002 from Peggy Roe, Recreation Department Secretary, to the 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 92 2002 RESOLUTION TO AUTHORIZE ACCPETANCE OF "CRESCENT AND STAR STRUCTURE" The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Colsey BE IT RESOLVED, that the Town Board accept a "Crescent and Start Structure" from the Mid -Hudson Islamic Association and the Muslim - American Women Association to be used by the Town in cultural displays as the Town Board may determine. 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. 93 2002 INTRODUCE INCREASE INCOME DISABILITY FOR PARTIAL TAX EXEMPTIONS FOR REAL PROPERTY OWNED BY DISABLED PERSONS 14 02/25/2002 RGM The following resolution was introduce by COUNCILMAN PAOLONI and seconded by Mr. Valdati. WHEREAS, 221-12 of the code of the town of Wappinger currently grants a partial real property tax exemption on real property owned by disabled persons provided the owner's income is not greater than Twenty Six Thousand, Nine Hundred Dollars ($26,900.00), pursuant to Real Property Tax Law 459-c; and WHEREAS, it has come to the attention of the Town Board of the Town of Wappinger that the New York State Legislature has increased the income eligibility at which municipalities may offer property tax relief to disable persons; and WHEREAS, the Real Property Tax Law 459-c has been amended to provide for a higher maximum income eligibility level for a fifty percent (50%) exemption, 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 owner's income is no greater than Twenty Eight Thousand, Nine Hundred Dollars ($28,900.00); and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 ©(20) an is otherwise exempt from environmental review pursuant to the New York State Environmental Review Act (SEQRA). NOW THEREFORE BE IT RESOLVED: 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 ©(20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review 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 25th day of March, 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye 15 02/25/2002 RGM CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 94 2002 RESOLUTION TO AUTHORIZE THE INSTALLATION OF A STREET LIGHT AT THE INTERSECTION OF ROUTE 376 AND AIRPORT DRIVE The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Colsey. WHEREAS, the Town desires to have a street light installed at the intersection of Airport Drive and Route 376 in the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby agrees to have a street light installed at the intersection of Route 376 and Airport Drive. BE IT FURTHER RESOLVED, that the Supervisor of the Town, Joseph Ruggiero, is hereby directed and authorized to sign on behalf of the Town the necessary Agreements with Central Hudson for the installation of said street light. 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. 95 2002 RESOLUTION TO AUTHORIZE THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW NO. #3 OF THE YEAR 2002, AMENDING THE TOWN RECORDS RETENTION AND DISPOSITION POLICY OF THE TOWN OF WAPPINGER " 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. # 3 of the Year 2002, Amending the Town Records Retention and Disposition Policy of the Town of Wappinger " 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 February 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 16 02/25/2002 RGM WHEREAS, the Town Board determined that the proposed Local Law was not subject to environmental review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to 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. #3 of the Year 2002, Amending the Town Records Retention and Disposition Policy of the Town of Wappinger ", 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 in 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. 96 2002 AUTHORIZE APPEAL ARTICLE 78 PROCEEDING COMMENCED AGAINTS T/W BY GASLAND PETROLEUM The following Resolution was introduced by COUNCILMAN COLSEY and seconded by Mr. Valdati WHEREAS a Decision, Order and Judgment dated February 6, 2002 was issued by the Hon. Francis A. Nicolai, Justice of the Supreme Court of the County of Westchester in the case entitled "In the Matter of the Application of Real Holding Corp. and Gas Land Petroleum, Inc., Petitioners, for a Judgment pursuant to Article 78 of the Civil Practice Law and Rules, against Alan Lehigh, Gerald diPierno, Douglas Warren, J. Howard Prager and Victor J. Fanuele, as of Constituting the Zoning Board of Appeals of the Town of Wappinger, Respondent"; and WHEREAS, the Town's Attorneys, Vergilis, Stenger, Roberts, Pergament and Viglotti, received Notice of Entry of said Decision, Order and Judgment on February 13, 2002; and WHEREAS, the Town Board, by its Attorneys, Vergilis, Stenger, Roberts, Pergament & Viglotti, have reviewed said Decision, Order and Judgment; and 17 02/25/2002 RGM WHEREAS, the Town Board of the Town of Wappinger disagrees with the ruling in said Decision, Order and Judgment; and WHEREAS, the Town Board of the Town of Wappinger, after due deliberation, finds that it is in the best interests of the Town to appeal said Decision, Order and Judgment; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes its Attorneys, Vergilis, Stenger, Roberts, Pergament & Viglotti, to appeal said Decision, Order and Judgment and to file a Notice of Appeal of said Decision, Order and Judgment with the Appellate Division, Second Department. 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. 97 2002 AUTHORIZE ADOPTION LL #4 ESTABLISHING & ADOPTING PROVISIONS FOR SUCCESSION OFAUTHORITY & CREATING NEW SECTION OF CODE 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. #4 of the Year 2002, establishing and adopting provisions for a Succession of Authority and Creating New Section of Town Code" 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 February 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 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 No. #4 of 11: 02/25/2002 RGM the Year 2002, establishing and adopting provisions for a Succession of Authority and Creating New Section of Town Code", 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 98 2002 RESOLUTION TO AUTHORIZE PAYMENTS IN LIEU OF COMPENSATION TIME The following Resolution was introduced by COUNCILMAN COLSEY and seconded by Mr. Paoloni WHEREAS, the Town Board has reexamined its policy with respect to granting compensation time in lieu of overtime salary payments and has determined that the Town's compensation time policy is not cost effective and counterproductive in managing the workload sustained by Town employees; WHEREAS, the Town Board has determined that it is in the best interests of the Town to pay Town employees the equivalent of their hourly wage in lieu of compensatory time previously opened. NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby authorizes payments to Town employees for all compensatory time earned through the date of the Resolution in accordance with the attached Schedule prepared by the Town's Comptroller, said compensatory time to be paid at the regularly hourly wage for hours worked in excess of 35 hours but less than 40 hours in any given work week and at the rate of time and half for hours worked in excess of 40 hours in any given work week. 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 The Resolution is hereby duly declared adopted. 19 Voting Aye Voting Aye Voting Absent Voting Aye Voting Aye 02/25/2002 RGM RESOLUTION NO. 99 2002 RESOLUTION TO AUTHORIZE THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW #2 OF THE YEAR 2002 AMENDING THE PROCUREMENT POLICY OF THE TOWN OF WAPPINGER" The following Resolution was introduced by COUNCILMAN VALDTI and seconded by Mr. Paoloni WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law #2 of The Year 2002 Amending the Procurement Policy of the Town of Wappinger" 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 February 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 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 #2 of The Year 2002 Amending the Procurement Policy of the Town of Wappinger", 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 100 2002 RESOLUTION TO AUTHORIZE THE PROSECUTION OF TOWN CODE VIOLATIONS The following Resolution was introduced by COUNCILMAN COLSEY and seconded by Mr. Valdati Kc 02/25/2002 RGM WHEREAS, the Town's administrative staff, specifically the Zoning Administrator, Building Inspector, Fire Inspector, and Dog Control Officer, have required legal assistance in the prosecution of violations of the various provisions of the Town Code. NOW, THEREFORE, BE IT RESOLVED, that Albert P. Roberts, Attorney to the Town of Wappinger, and his partner, Thomas R. Davis, are authorized to prosecute violations of the Town Code in any Court having jurisdiction of the Town Code, including Town of Wappinger Justice Court, New York State Supreme Court, or any other Court assigned by a Justice of the Supreme Court. 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 Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 1012002 RESOLUTION TO AUTHORIZE INSTALLATION OF PLAY -SET AT THE SPOOK HILL RECREATION PARK The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Mr. Colsey. WHEREAS, the Recreation Committee has recommended the installation of a outdoor play -set at the Spook Hill Recreation park; and WHEREAS, the Town Board wishes to authorize the installation of said play - set and to have the Engineers to the Town, Paggi, Martin and Del Bene, prepare the plans and specifications for said play -set and to proceed to public bid thereon. NOW THEREFORE, BE IT RESOLVED, that the Engineers to the Town, Paggi, Martin and Del Bene, are hereby authorized to prepare the plans and specifications for a play -set to be constructed and installed at the Spook Hill Recreation park and upon completion of the plans and specifications, to authorize same to be let out for public bid, in accordance with the Recreation Committee's recommendation for the Spook Hill Recreation Park Improvement Project for calendar year 2002. 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 21 02/25/2002 RGM The Resolution is hereby duly declared adopted. NEW BUSINESS COUNCILMAN VALDATI had nothing at this time. COUNCILMAN COLSEY had nothing at this time COUNCILMAN PAOLONI had nothing at this time. SUPERVISOR RUGGIERO wished to know if there were any questions or comments from the public. There were none. There was no other business to come before the Board. COUNCILMAN VALDATI moved to close the Town Board meeting, seconded by Mr. Colsey and unanimously carried. The meeting adjourned at 9:20 p.m. By Florence Hannon Deputy Town Clerk Gloria J. 1Vtors Towlerk 22 Town Board Correspondence Log # To From Date Received Re Agenda _Document 2002CL - 0041. Supervisor & Town Boar Linda Tasadfoy 1/28/02 1/23/02 Monthly Report 2/25/2002 2002CL-0042 Supervisor & Town Boar Jay Paggi 1!18/02 1/23/02 BuildinglZoning Meeting Minutes 2/25/2002 2002CL - 0043 Joseph Ruggiero Jay Paggi 1/18/02 1/23/02 Umberto Lagreco/12 Pine Ridge 2/25/2002 2002CL - 0044—John Kellard Peter Paggi 1/18/02 1/23/02 Cranberry Hills Subdivision 2/25/2002 2002CL - 0045 Planning & Zoning 1/1 /2002 1/23/02 Monthly Report -Dec 2/25/2002 2002CL - 0046 Supervisor Anne Saylor 1/18/02 1/23/02 DC Consolidation Plan 2/25/2002 2002CL - 0049 Joseph Ruggiero Jay Paggi 1!24/02 Wappinger Sewer Transmission/Treatment Improv 2/25/2002 2002CL - 0050 Jay Paggi/David Compag Peter Lembeck,/Charles D 1/19/02 1/22/02 Wappinger Sewer Transmission 2,25/2002 2002CL - 0051 Joseph Ruggiero Charles DelBene 1/17/02 1/22/02 Wappinger Sewer Transmission Wellcomplaint!Gr 2/25/2002 2002CL - 0052 Mr and Mrs Gray AI Roberts 1/17/02 1/22/02 Well Water Quality 2/25/2002 2002CL - 0053 Joseph Ruggiero Jay Paggi 1/25/02 1/19/02 Building and Zoning Meeting Minutes 2'25/2002 Subdivision Applications, Rt 9D and Old Hopewel 2/25/2002 2002CL - 0054 Supervisor/Planning Boar Scott LeRoy 2002CL - 0055 Fred Straub Mark Liebermann 1/22/02 1/22/02 Open Burning Prohibited 2/25/2002 2002CL-0057 Seth Coulter AI Roberts 1/25/02 1/28/02 NYS Environmental Facilities Corp 2/25/2002 2002CL - 0058 Gregory Supple Al Roberts 1/24/02 1/25/02 Fleetwood II Water District Emergency Water Con 2/25/2002 2002CL - 0059 Town Board & Recreatio Steven Lowery 1/25/02 Resignation as Rec. Dir. 2/25/2002 1/29/02 Zoning Board of Appeals Attendance for Septembe 2/25/2002 2002CL - 0060 2002CL-0061 Michael Merriman Joseph Stankavage 1/28/02 1/29/02 Wappinger Water Improvemnet 1999-2 2/25/2002 2002CL - 0062 Joseph Ruggiero Jay Paggi 1/30/02 1/30/02 Middlebush Road 2!25/2002 Friday, February 22, 2002 Document # To From Date Received Re Agenda 2002CL - 0063 Vincent Bettina George & Marie Hanna 1/29/02 Water Connection 2/25/2002 2002CL - 0064 Joseph Ruggiero Michael Tremper 1%31/02 Oakeood Water District 2/25/2002 2002CL - 0065 John Adams Al Roberts 1/28/02 1/30/02 Kozuch Appeal 2/25/2002 2002CL-0066 Dan Wery A] Roberts 1/28102 1!30/02 GALS Rezone 2/25/2002 2002CL - 0067 Karl Seebruch Al Roberts 1/28/02 1/30/02 Vera & Gregory Khorosh 2/25/2002 2002CL - 0068 Carl Wolfson Al Roberts 1/28/02 1/30/02 Z&M Development Corp and Sherwood Heights 2/25/2002 2002CL - 0069 Supervisor & Town Boar Tatiana Lukianoff 1/30/02 1/31/02 Definition- Building Heights 2/25/2002 2002CL - 0070 Town Clerk Kathleen Williams 1!28/02 1/31/02 Public Hearing 2/25/2002 2002CL - 0071 Anthony Quartararo Al Roberts 1/30/02 1/31/02 Joint Water Board-City/Town of Poughkeepsie 2/25/2002 2002CL - 0072 Supervisor, Town Board, Joseph Stankavage 1/29/02 1/31/02 Wappinger Sewer Transmission 2/25/2002 2002CL - 0073 Joseph Ruggiero John Glass 1/29/02 1/29/02 Hamlan Property 2/25/2002 2002CL - 0074 Michael Merriman Joseph Stankavage 1/28/02 1/30/02 Wappinger Water Improvement 2/25/2002 2002CL - 0075 Joseph Ruggiero Joseph Stankavage 1/25/02 1/30/02 Wappinger Water Improvement 2/25/2002 2002CL - 0076 Joseph Ruggiero Elva Girton 1/17/02 1/18/02 New Hackensack Road Speed Limit 2/25/2002 2002CL - 0077 Dan Wery Al Roberts 1/28/02 1/29/02 GALS 2/25/2002 2002CL - 0078 Joseph Ruggiero Peter Paggi 1/28/02 1/30/02 Recycling Center 2/25/2002 2002CL - 0079 Joseph Ruggiero Peter Paggi 1/28/02 1/30/02 Proposed Stream/ Wetland Clearing 2/25/2002 2002CL - 0080 Connie Smith Jay Greenblatt 1/28/01 SCA Building Department Software 2/25/2002 2002CL - 0081 Supervisor & Town Boar Gloria Morse 1/28/02 1/28/02 Records Consultant 2/25/2002 2002CL-0082 Joseph Ruggiero A] Roberts 1/23!02 1/23/02 Benjamin Construction 2/25/2002 2002CL - 0083 Joseph Ruggiero Jerry Owen Animal ControlOfficers Training 2/25/2002 Friday, February 22, 2002 Page 2 of Document # To From Date Received Re Agenda 2002CL- 0084 Sam Patton 1/17/02 Workeamp of Dutchess County 2/25/2002 2002CL - 0085 Joseph Ruggiero AI Roberts 1/22/02 1/23/02 Wappinger Park Water District 2/25/2002 2002CL - 0086 Joseph Ruggiero Jay Weis 1/25/02 Street Light 2/25/2002 2002CL - 0087 Supervisor & Town Boar tatiana Lukianoff 2402 Request to Attend Course 2'25,,2002 2002CL - 0088 Peter Witko Tatiana Lukianoff 1/31/02 2/4.102 Richard Carlson 3 Bowdin Lane 2/25/2002 2002CL - 0089 Joseph Ruggiero Michael Tremper 1131/02 2/4/02 Oakwood Water District 2/25/2002 2002CL - 0090 Joseph Ruggiero Jay Paggi 1/31/02 2/41/02 Oakwood Water District 2/25/2002 2002CL - 0091 Al Roberts Jack Paluse 1/31/02 2/1/02 Town of Wappinger 2/25/2002 2002CL - 0092 Supervisor George Schafer 1/29/02 2/2/02 Middlebush Road Fire 2/25/2002 2002CL - 0093 Joseph Ruggiero Jay Paggi 1/30/02 2/1/02 Phase 3A/Pavillion 2/25/2002 2002CL - 0094 Supervisor & Town Boar Peter Paggi 1130/02 2/1/02 LGRbIIF 2/25/2002 2002CL - 0095 Town Clerk Town of Poughkeepsie 2/7/02 2/8,'02 Public Hearing 2/25/2002 2002CL - 0096 Linda Tassadfoy Ken Brown 2/5/02 2/8'02 Assessors Review Board 2/25/2002 2002CL - 0097 Gerald Terwilliger Charles DelBene 2/6/02 2/8/02 Wappinger Sewer Transmission 2/25%2002 2002CL - 0098 Gerald Terwilleger Charles DelBene 2/6/02 Wappinger Sewer Transmission 2/25/2002 2002CL - 0099 Joseph Ruggiero Joseph Paggi 2/5/02 2/6/02 Tri -Municipal Sewer Commision 2/25/2002 2002CL - 0100 Joseph Ruggiero Al Roberts 2/7/02 2/8/02 Joint Water Board 2/25/2002 2002CL - 0101 Joseph Ruggiero Joseph Paggi 2/5/02 2/6/02 Wappingers Central School District, Proposed Ne 2/25/2002 2002CL - 0102 Joseph Ruggiero Mike Tremper 2/6/02 2/8/02 Water Connections-Osbome Hill Rd 2/25/2002 2002CL - 0103 Daniel O'Connor Joseph Paggi 2/4/02 2/6/02 Wappinger Park Water 2/25/2002 2002CL - 0104 EPA 2/8./02 Meetings 2'13 and 2/20 2/25/2002 Friday, February 22, 2002 Page 3 of -5 Document # To From Date Received Re Agenda 2002CL - 0105 Town Board Aziz Ahsan 1/23/02 2/7,102 Donation of Muslim Identity Symbol 2002CL - 0106 Town Board Peggy Roe . 2/4.02 2/5/02 Request for Pos 2/25/2002 2002CL - 0107 Joseph Ruggiero Jay Greenblatt 1/25/05 1/29.02 SCA Building Dept Software 2/25/2002 2002CL - 0108 Building Department Sec Building Inspector 2/11/02 2!11/02 Water & Sewer Permits 2/25/2002 2002CL - 0109 Receiver of Taxes 1/02 2/6102 Monthly Report 2/25/2002 2002CL - 0110 Town Board Building Inspector 2/5/02 2/5/02 Building Inspectors Report -January 2/25/2002 2002CL - 0111 Join Town Government Today 2/25/2002 2002CL - 0112 Recreation Director Wanted 2/25/2002 2002CL-0113 Town Board & Recreatio 1/25/02 2/7/02 Letter of Resignation 2/25/2002 2002CL-0114 Alan Lehigh A] Roberts 2/6/02 2/7102 Article 78 Proceedings 2/25/2002 2002CL-0115 Town Clerk Charles Conklin 2/7/02 Liquor license 2/25/2002 2002CL - 0116 Joseph Ruggiero Joseph Stankavage 2/5/02 2/7/02 Atlas Well Construction 2/25/2002 2002CL-0117 Gerald Terwilliger Linda Hannigan 1/23/02 1/28/02 Audit Comment 2/25/2022 2002CL - 0118 Joseph Ruggiero Peter Paggi 1/28/02 1/30/02 LaFonda Del Sol Rest. Property Connection 2/25/2002 2002CL-0119 Ralph Holt Eric Fellenzer II/l/01 Sports Lighting Robinson Lane 2/25/2002 2002CL - 0120 Joseph Ruggiero Al Roberts 1/28!02 1/29/02 Montclair Townhouses 2/25/2002 2002CL - 0121 Joseph Ruggiero Gerald Richardson 2/4!02 2/7/02 Group Workcamp of DC 2/25/2002 2002CL - 0123 Supervisor & Town Boar Joseph Paggi 2/5/02 2/7/02 Montfort Road Community Center 2/25/2002 2002CL - 0124 Mark Lieberman AI Roberts 2/13/02 2/13/02 MVk v. Town of Wappinger 2/25/2002 2002CL - 0 12 5 Mr. Thomas Davis Tatiana Lukianofl' 2/12/02 2/13/02 Appearance Tickets t185 2/25/2002 2002CL - 0126 Supervisor & Town Boar Carl Wolfson 2/12/02 2/13/02 January Town Justice Report 2/25/2002 Friday, February 22, 2002 Page 4 of 5 Document # To From Date Received Re Agenda 2002CL - 0127 Adam Carlson 2002CL - 0128 Joseph Ruggiero Friday, February 22, 2002 Mark Liebermann 2/12/02 Richard Henley 2/13/02 Violation 2/8,02 Alamo Services 2/25/2002 2/25/2002 Page 5 of5 -- .. iJ r4 I Y 1 V V V/ 4 b ....' 1 v a 1nILL 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. En§xtx an Wa n Town of ------- - -PPIng' -er --------------------------------------------------------- yMW Local Law No. -------- it Z ________________________ of the year �_ 20.Y02_ Alocallaw___eazi-tJed__`'LocaL_LaJ__No___#2_____afa ae���g_ the(1—rid') --- -- Vrocurement__p.olic}:__ol__the- Iowa - -of --Wapp1ngar-'-'------------------------------- - - -------------------------------------------------------------------------------------------------------- Be it enacted by the _.Town__$a?zsi---------------------------------------------------------------------- of the (Name ojL,gi 1wr-Body) q R14mJ ,IC of ---- wal'Plng-er---------------------------------------------------------------- as follows: own TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 ( Rev. 1 1; v9) (1) LOCAL LAW #2 OF THE YEAR 2002 A Local Law entitled "Local Law #2 Of The Year 2002 Amending the Procurement Policy of the Town of Wappinger": BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title: Local Law Amending the Procurement Policy of the Town of Wappinger: This Local Law shall be known and cited as "Local Law No. #2 of the Year 2002 Amending the Procurement Policy of the Town of Wappinger". Section 2. Legislative Intent: The Town Board of the Town of Wappinger has reviewed its annual Procurement Policy as required by General Municipal Law and has detennined that it is in the best interests of the Town to increase the limits set forth in the Procurement Policy. Section 3. Amendment to Procurement Policy: Chapter 46 (Procurement Policy) is hereby amended by adopting the revised Section 46-2 Bid Limits; Procedures, as follows: "§46-2. Bid limits procedures. A. Limits and procedures. Dollar Limits Procedure $1.00 to $250.00 Except for Highway Department, at the discretion of the Department Head. $1.00 to $1,250.00 Highway Department Only: At the discretion of the Highway Superintendent. O:IWAPPINGE\Town BoarMLOCAL LAWkProcurementPolicy\Locallaw.doc $250.01 to $1,000.00 Except for Highway Department, receive authorization from Supervisor and get PO # from Comptroller before purchase is made. $1,000.01 - $1,500.00 Except for Highway Department, documented telephone quotes from at least 3 separate vendors, quotes must be listed on P.O. plus written approval from Town Supervisor. $1,250.01 to $3,500.00 Highway Department Only Documented telephone quotes from at least 3 separate vendors, quotes must be listed on P.O. and written approval from Town Highway Superintendent and Town Supervisor. $1,500.01 to $3,500.00 Except for Highway Department, documented telephone quotes from at least 3 vendors and authorization from Town Board 'approval. $3,500.01 to $8,000.00 Commodities (salt, sand, gravel, fuel, etc.) of $8,000.00 and over Public works and Town projects of $15,000.00 and over Formal written quotes from at least 3 separate vendors and Town Board approval. Sealed bids in conformance with Municipal Law §103. Sealed bids in conformance with Municipal Law §103. B. Beforc going out to bid, Town Board authorization is needed. C. Delivery/freight costs must be included in the total dollar amount and not added aftef the quote or bid. bidder. D. Quotes and bids will be awarded to the lowest responsible and responsive vendor and E. In all circumstances, whenever other than the lowest quote or bid is awarded, there must be written documentation of the reason for the award and authorization of the Town Board for award. F. i.; nder no circumstances can a quote that exceeds the bid limit be awarded." 0:\WAPP!igGE\ c,n,n Board',LOCAL LANf,Procuremerdpolicy\t.ocallaw.doc kq Section 4. Separability If any part or provision of this Local Law or application thereof to any person or circumstance shall be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part of the provision or application directly involved in the controversy in which judgment shall have been rendered and shall not affect or impair the is Local Law or the application thereof to other persons or validity of the remainder of this pp circumstances, and the Town of Wappinger hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. Section 5. Effective Date This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. U:\WAPPINGE\Town Board\LOCAL LAW\ProcurementPolicy\Locallaw.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.) I hereby certify that the local law annexed hereto, designated as local law No.._______ #2 of the ---------------------- of 20-02-- ------------------ 0.0.2_ C�t�QI>K�(Town)(�'��of---�1?>}��ge�----------------------------------------------- was duly passed b Town Board ------ - on Fek,__ Y P Y the _0 _QZ in accordance with the applicable provisions of law. (Name of Ltgis(ativa Bodv/ � 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No.----------------------------------- of the (CountY)(City)(Town)(Village) of ------------------------ --- - ---------------------------- duly e by --- ' ' ' - - - was duly passed by the ----------------------------------------------- on ------------------ 20 .__ , and was (approved)(nct approved)(repassed after (Name of Legulative BOd9) disapproval) by the__________________________________________________ and was deemed duly adopted on ________-_________ -) (Elactive ChiefEsecutive Officer-) -„0____ , in accordance with the applicable provisions of law. I (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20-_____ of the (County)(City)(Town)(Village) of ________________________________ _ __ _ _ __ _ __ _______________ was duly -passed by the ------------------------------ 20--__ , and was (approved)(not approved)(repassed after (Name of Legislative Bod.0 disapproval) by the _______________________________ _0.___'. Such local law was submitted (Elective Chief Executive Office, •) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (gene ral)(special)(annual) election held on __________________ 2a.__ , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local lav annexed hereto, designated as local law No. ___________________________________ of 20______ of the (County)(Citv)(Town)(Village) of_________________________________________________________________ was duly passed by the I ,Vemt - - - L-teislarn-- -e-Ro-------------------------------- on 20____ , and was (approved)(not approved)(repassed after q(Jvt ------------------ disapproval) by the _________________________________________________ +Eleci •e Chief Executive Officer-) _ on __________________ 20 ___ . Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of__________________ 2a___ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such oMcer 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. __ the City of ------------------------------- ofsection (36)(37) of the Municipal Home Rule Law, and having been received the referendum votem Pu of ant to the of ons o - qualified electors of such city voting thereon at the (special)(general) election held on_______ ' provisions of became operative. majority of the ..0---- 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________ of the County of State of New York, having been submitted to the electors at the General Election of November ______________________ 20. Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified elect pursuant to subdivisions 5 and 7 of section 33 of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said count conside voting at said general election, became operative. ors of the Y red as a unit (If any other authorized form of final adoption has been followed, please provide an certification.) appropriate I further certify that I have compared the preceding.local law with the original on file in this o P rtithe s me is a correct transcript therefrom and of the whole of such original local law, and was finally ado ted in the dicated in paragraph ----- L------ above. office and that the same P manner in - Clerk of the County legislative ho v, Cit , To or officer designated by local legislative yodv r tllage Clerk (Seal) GLORIA�KQRSE, TO CLERK ` Date Y.// l 'i 7 y (Certification to be executed by County Attorney, Corporation Counsel, Town .Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTYOF—Di1Tf'HFSS 1 I, the undersigned, hereby certify that the foregoing local law contains the correct text a have been had or taken for the enactment of the local law annexed hereto. nd that all proper proceedings ALBERT P. ROBERTS — Attorney to Town Title QUX 7 of Waypineeownr W Date: -2 .--I (' le 2 (3) Lvc.uc L,CIw F111rlb LW 'UK&SLA'ILDEPARTMENT OFSTATE 41 STATE STREET, ALBANY, NY 12231 T (Use this form to file a local law with the Secretary of State.) t tl ex o aw should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. CbVn'tX Town of------------WAPPINGER ----------------------------------------------------------- X4lW Local Law No. ------ #3 --------------------------- of the year 20.02_ Alocal law ____amending the Town Records Retention and Disposition Policy of the -- ------ -- - ---------------------------------------- ----Town__of_ T-QwT—QfAuPAP-mK ----------------------------------------------------------------------------- Be it enacted by the --------- TOWN_ BOARD--------------------------------------------------------------- of the o/c<sul.ti— e�ay) xmum M Town AX of ------ WAPPINGER - - - - ---- - - - - - - as follows: ANH YX TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -_'39 ( Rev. l L/99) (1) N LOCAL LAW #3 OF THE YEAR 2002 A Local Law entitled "Local Law #3 Of The Year 2002 Amending the Town Records Retention and Disposition Policy 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 No. #3 of the Year 2002 Amending the Town Records Retention and Disposition Policy of the Town of Wappinger". Section 2. Legislative Intent: The Town Board of the Town of Wappinger has reviewed its Town Code and has determined that it is in the best interests of the Town to amend Chapter 50, Article II to reflect the current Town Records Retention and Disposition Policy and to adopt the Records Retention and Disposition Schedule MU -1 as promulgated by the State Archives and Records Administration. Section 3. Amendment to Chapter 50 Article H: Chapter 50 (Records) is hereby amended by adopting a revised Section 50-10 as follows: "§50-10. Adoption of Schedule No. MU -1. Records Retention and Disposition Schedule MU -1, issued by the State Archives and Records Administration, State Education Department, pursuant to Section 57.25 of the Arts and Cultural Affairs Law, and Part 185, Title XIII of the official compilation of codes, rules and regulations of the State of New York, and containing minimum retention periods for Town records is adopted for use by the Town Clerk". 0:\\VAPPINGE\Town Board\LOCAL LA\V\Itecords'll_ocalLa\v2OO2.doc Chapter 50 is hereby further amended by adopting a revised Section 50-11 as follows: "§50-11. Disposition of Records. The Town Board authorizes the disposal of records: (a) that are described in Records Retention and Disposition Schedule W-1 after they have met the minimum retention periods described therein; and (b) that do not have sufficient administrative, fiscal, legal, or historical value Eo merit retention beyond established legal minimum periods. Section 4. Separability If any part or provision of this Local Law or application thereof to any person or circumstance shall be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part of the provision or application directly involved in the controversy in which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town of Wappinger hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. Section 5. Effective Date This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. O:\WAPP!NGE\,Tu.vn Board\LOCAL LAW\Records\LOcaILaw2002.doc iicauon to the paragraph that applies to the fling of this local law and strike out that which Is not applicable.) I. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No.-1'�3---------------"__-_______ of the ilTown ----- of 20-02. �,)( )f ) of -- IAP_ JZr GEp----------------------------------------------- was duly passed b ---------eOfLes� �Q�--------------------- on "_Feb_ 25 20 Q2-, in accordance with the applicable provisions of law• (Name a/Lagislarivr Bodv/ --- 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. _---_-____ of the (County)(City)(Town)(Village) of --____ _ _------'------------------ of 20 ------ ---------------------- on ------------------ 20 ___ , and was (approved)(not approved)(repassed after (.VameofLegularive.Body) _-- disapproval) by the ------------------- and was deemed duly adopted on -20_ ------------------------------- (Elective ChiefE.vecuriveofficer•) ------------- -- 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 — 0---- , and was (approved)(not approved)(repassed after (,Name a/Lrgislgis(ative Badv) disapproval) by the _____________________________ _0____', Such local law was submitted (Elective Chief Executive Officer•) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on __________________ accordance with the applicable provisions of law. --4: , in 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)(Towr,)(Village) of -------------------------------- - -- -------------------------- was duly passed by the on ------------------ 20--_. , and was (approved)(not approved)(repassed after Wame of Legislative Bodv) disapproval) bythe-------------------------------------------------- IElutive Chief Executn�r Officer*) -------- on --------- 2p .Such local lav was subject to permissive referendum and no valid petition requesting such referendum was filed as of__________________ 20L___ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town, where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. _______________________________ of the City of............................................. having been submitted to referendum pursuant to the provoisioOs section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the °f qualified electors of such city voting thereon at the (special)(general) election held on___________________ ?0___ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of the County of ___________________________ of -0------ at the General Election of November State of New York, having been submitted to the electors ______ ________ 7 of section 33 Municipal Home Rule Law, and having received the affirmative vote ofta m to subdijority of he qualified eletors of he ci ies of said county as a unit and a majority of the qualified electors dors of the towns of said county considered as a unitcrt_ 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 t ) 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. Clerk of the bounty legislative or officer designated by local It (Seal) GLORIA-�ORSL, Town Clerk - , Date - or Village Clerk (Certification to be executed by County Attorney, other authorized attorney of locality.) Corporation Counsel, Town Attorney, Village Attorney or STATE OF NEW YORK COUNTY OF 11IrTrTUFqg I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings rrt have been had or taken for the enactment of the local law annexed hereto. __1 Signature ALBERT P. ROBERTS-- Attorneyto the Town Title �9 Town of hIAPPTNf FR 16; ( Date: - /U Z T o :•al Lczti�� "7i.yag NEW YORK STATE DEPARTMENT OF SrATF 41 STATE STREET, ALBANY, NY 12231 (Use this form to the a local law with the Secretary of State.) Text of law- should be given as arnlend:d. Do not include matter bein; eliminated and do not use italics or underlining to indicate new :*utter. X M y of ----------- WAPPING—FR ----- - --- - Town- .. ,-E Local Law No. --__--------4_______________________ of the year 20 --- A local law._aatitled __'local_1.aw_No..____--____of_.><tae__X�r__�002_estaolishing and (1—i Ti,)�r adopting provisions for a Succession of Authority and Creating New -----------------------------------------------------------------------------I-------------- -------------- Section of Town Code'. -------------------------------------------------------------------------------------------------------------- Be It enacted by the-------TOWK—BOARD------------------------------------- - -- - of the (N..<o�c<�vi.�r<B dy) clay W PPINGER TownOf ------------------=----------------------------------------------------------------------- as follows: Xfliage TEXT COMMENCES ON NEXT PAGE. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rcv. 11 /99) LOCAL LAW No. #4 OF THE YEAR 2002 A Local Law entitled "Local Law No. #4 of the Year 2002, establishing and adopting provisions for a Succession of Authority and Creating New Section of Town Code." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Adoption of "Local Law No. #4 of the Year 2002, establishing and adopting provisions for a Succession of Authority and Creating New Section of Town Code". This Local Law shall be known and cited as "Local Law No. #4 of the Year 2002, establishing and adopting provisions for a Succession of Authority and Creating New Section of Town Code". Section 2. Legislative Intent. It is the purpose of this Local Law to create a new Chapter 55 of the ToNvn Code entitled "Succession of Authority". Article 2-B, Section 27 of the Executive Law of the State of New York authorizes a town to establish the succession of authority in the event the town Supervisor is absent from the Town, or is otherwise unable, or is incapable to discharge the powers and duties of his/her office during a disaster or emergency conditions. The purpose of this Local Law is to name those officials who will succeed to the Supervisor's authority, powers and duties whenever the Supervisor is absent from the Town or is otherwise unable or incapable to discharge the powers and duties of hisfher office. Section 3. Succession of Authority. A new Chapter 55 of the Town Code is hereby established entitled "Chapter 55 — Succession of Authociry" to read as .follows: GAVIAPf INGE\Town Board\Local'a•.v\EmergcncylnterimSuccessors\LocalLaw.doc "50-1. Pursuant to the authority conferred by Article 2-B Section 27 of the Executive Law of the State of New York, the following succession of authority is hereby established in the event that the Super -visor is absent from the Town or is otherwise unable or incapable to discharge the powers and duties of his/her office, authorized and provided under Section 24 of the Executive Law, and those powers and duties shall devolve upon the next person available on the following list until such time as the person acting under the authority conferred hereby is relieved by a person higher on the list: 1. Supervisor; 2. Deputy Supervisor; 3. Any Town Board member sequentially in order of seniority; r 4. Fire Inspector/Disaster Coordinator; 5. Highway Superintendent; 6. Chiefs of the Fire Company within the jurisdiction in which the emergency is occurring or has occurred; 7. Deputy Chiefs of the Fire Company within the jurisdiction in which the emergency is occurring or has occurred; S. Director of Town Vandalism Control. Section 4. Effective Date Th,- local law is not subject to mandatory or permissive referendum and is effective upon its filing with the Town Clerk, upon the filing of a certified copy in the office of the State Comptroller, and upon the filing of three certified copies with the Office of the Secretary of State, in accordance with the provisions of Article 2-13 of the Executive Law and the provisions of Section 27 of the Municipal Homc Rule Law. Section 5. Separability If any part or provision of this Local Law or application thereof to any person or circumstance shall be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part of the provision or application directly involved in 1 the controversy in which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town of Wappinger hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. i i (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which Is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ...114 ............................. of X002 of the ( �` ? 1own)( ? i of _..._. j,TappingAK...--_ was duly passed b ------------------------------- y the Moum..lfoard .............................. on _Feh.._25------ 20. Q2 in accordance with the applicable provisions of law. (Name of Legislative Bofv) 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 afrer (,Name ofLegulativr Body) disapproval) by the__________________________________________________ and was deemed duly adopted on 20____ (Elective ChiefEzecutive 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)(To`vn)(Village) of _____________________________________ _ _ ____ __ _______________ was duly passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name of Legislative Bod\) disapproval) by the_________________________________________________ on ------------------- 20_ Such local law was submitted (Elective Chief Executive Officer) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (genera l)(special)(annua1) election held on __________________ 20.___ , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20--____ of the (County)(City)(Tol;vn)(Village) of________________________________________________________________ _was duly passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name of Legislative Bof,) disapproval) by the __________________________________________________ on ------------------ 20 --- . Such local law was subject to (Elective Chiel &ecuti, e 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) w41111.uu6 k,u.aIL LUL k V V iawti Vi. UyVaCU Dy peUtllln.) 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 Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the at the General Election of November ______________________ 20__-_, pursuant to subdivisions 5 and 7 of section 33 of the ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit cit - 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___);________, above. �f (Seal) Clerk of thYCounty legislative body,,pity, To or illage Clerk or officer designated by local legislative bodv Gloria aI Morse,,Town Clerk i Date: "7, /1 L�� /( � (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNrYOF Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Attorney to Town Title CXMIT Ja* of wanpingar Town I&Ita; c Date: '-)/,) !G /y I (3) t 02/25/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 25, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law Amending the Procurement Policy of the Town of Wappinger. Supervisor Ruggiero opened the Meeting at 7:31 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). There were no comments or questions from the audience. COUNCILMAN PAOLONI moved to close the Public Hearing, seconded by Mr. Valdati, and unanimously carried. The Public Hearing closed at 7: 32 p.m. By Florence Hannon GlorifClJ Town I'm L SouthernDutcliess News 914 297-3723 84 EAST MAIN STREET — «APPINGERS FAILS NEW YORK - 12590 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger Will conduct a PUBLIC HEARING on. the 25th day of February, 2002, at 7:30 p.m. at the Town Hell, Town of Wappinger, 20 Mlddlebush Road, Wappingers Falls, NewYork, at which time, all parties in interest and cHi- 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 _ of The Year. 2002 an ng Procurement Policy of the Town of Wappinger. PLEASE TAKE FURTHER NOTICE that the proposed Local Law will in. crease bid limits otherwise set forth In the Procurement Policy in the Town Law for the purchases of goods or services that fall below the monetary bid limits otherwise set forth in Gen- eral Municipal Law §103. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that the proposed Local Law Is a Type 11 action as defined in 6 NYCRR, 617.5(c)(16) and accordingly the Town Board hereby expressly deter. mines that this action is not an ac. tion that requires review pursuant to the provisions of the New York Envi. ronmental Quality Review Act (SEORA) or pursuant to Local Law No. 6 of 1992, or pursuant to NYCRR Part 617. PLEASE TAKE FURTHER NOTICE the full text of the proposed Local Law will be available for review and in. spection at the office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: February 6, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, TOWN CLERK HDAVIT OF PUBLICATION State of New York, New York County of Dutchess, - Town of Wappinger. .................. Snail..,Miller.......................of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that she is, and at. the several times hereinafter was, the...... baokke.QRQw......... of the SOUTHERNN-DUTCHESS NEWS/BEACON :FREE PRESS,, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and at the annexxed NOTICE was duly published in the said newspaper for .....1..... weeks Successively -in each week, commencing. on the ...13..... day of ..k�and on the following dates thereafter, namely on ..................................................................... and ending on the ...1.3 .......... day of.F.P_br iAry„_2002 both days inclusive. .......... I&...... Subscribed and sworn to before me- this ethis ......1.3........ day of ... y. .. 2.0 . 0 ebruar. . 2........... ALBERT M OSTEN .................. .. --. NOTARY PUBLIC. STATE OF NEW YORK Notary Public QUALIFIED IN OUTCHESS COUNTY # 14-8240760 COMMISSION EXFIRES JUN 15 2oo3 My commission expires .......................................... TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW AMENDING PROCUREMENT POLICY OF 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 February 13, 2002, your deponent posted a copy of the attached notice of Public Hearing on the Proposed Local Law Amending Procurement Policy 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. Mi Sworn to before me the s day of //(/��' ,2002 NOTARY PUB IC = ALBERT P. ROBEMfS NOTARY PUBLIC, state Di Nev+Votk� Ooahfied in DutFS eh28, 20coullry_—� (.�m,nitci�n fXp, Z", 4. W ORIA J. 0 S Town Cler Town o appinger 02/25/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 25, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law Amending the Town Records Retention and Disposition Policy of the Town of Wappinger. Supervisor Ruggiero opened the Meeting at 7:32 P.M. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). There were no comments or questions from the audience. COUNCILMAN COLSEY moved to close the Public Hearing, seconded by Mr. Paoloni, and unanimously carried The Public Hearing closed at 7: 33 p.m. By Florence Hannon loria J. rs SouthernDutclaess ews 84 EAST MAIN STRFJ,L-T — WAPPINGERS FALLS NEW YORK -12590 AFFIDAVIT OF PUBLICATION State of New York, New York County of Dutchess, NOTICE OF PUBLIC HEARING Town of Wappinger. TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the ' Town Board of thaTown of Wappinger will conduct a PUBLIC HEARING on ' the 25th day of February, 2002, at •„•••....•......,,Zpa wjil ler of the 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which Town of Wappinger' Dutchess County New York time, all parties Winterest and citi- +. + zens shall have an opportunity to be heard as to whether the Town Board I being duly sworn, says that she is, and at. the several of the Town of Wappinger shall adopt a proposed Local Law entitled "Lo- cal Law of The Year 2002 times hereinafter Was, the......bQQk3��.sI?� ......... of Amending the Town Records Reten- tion °f theToW and Disposition the SOUTHERN•DUTCHESS NEWS/BEACON PLEASE TAKE FURTHER NOTICE that the proposed Local Law will FREE PRESSR adopt the Records Retention and , a newspaper printed and published Disposition Schedule MU -1 as issued by the State Archives and Records r Administration which sets forth the every Wednesday in the Town of Wappinger, Dutchess legal minimum retention periods for Town records. PLEASE TAKE FURTHER NOTICE County, New York, and at the annexxed NOTICE was that the Town Board has determined that the proposed Local Law is aType 11 action as defined in 6 NYCRR, duly published in the said newspaper for .......... weeks 617.5(c)(16) and, accordingly, the Town Board hereby expressly deter- mines that this action is not an ac- successively -in each week, commencing - on the tion that requires review pursuant to the provisions of the New York Envir ronmental Quality Review Act •••13••••• day of 2002and on the (SEORA) or pursuant to Local Law Part 617992,orpursuant toNYCRR following dates thereafter, namely on PLEASE TAKE FURTHER NOTICE the full text of the proposed Local Law will be available for review and in- "•••"•".•.•••••••••••••••••••••••••••••• ............................... spection at the office of the Town Clerk on weekdays from 8:30 a.m. to and endingon the .... a r 2 0 0 2 4:00 p.m., at the Town Hall; 20 1.3•••••••••• day of .k.�k?l? �'.... Middlebush Road, Wappingers Falls, New York. both days inclusive. Dated: February 6, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, TOWN CLERK /f ............. /........ ........ Subscribed and sworn to before me this ......13........ day of ..February.:-2.Ro2........... ALBERT M, OSTEN NOTARY PUBLIC, STA`sE OF NEW YORK NotaryPublic QUALIFIED IN DUTCHESS COUNTY # 14.8240760 COMMISSION EXFIRES JUN 15 2003 My commission expires .......................................... TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW AMENDING TOWN RECORDS RETENTION & DISPOSITION POLICY OF THE TOWN F 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 February 13, 2002, your deponent posted a copy of the attached notice of Public Hearing on the Proposed Local Law Amending Town Records Retention & Disposition Policy 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. e 0 A J. Town Cler Town of ginger Sworn to before me the 2—S day of 92002 NOTARY PUBLIC ALBERT P. ROBERTS NOTARY pUBE«, State of New York Qualified ►n. I FebS28ounty2 rr'MM sslon Exp' 02/25/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 25, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law Establishing and Adopting Provisions for a Succession of Authority and Creating new Section of town Code. Supervisor Ruggiero opened the Meeting at 7:34 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). There were no comments or questions from the audience. COUNCILMAN COLSEY moved to close the Public Hearing, seconded by Mr. Valdati and unanimously carried. The Public Hearing closed at 7: 37 p.m. By Florence Hannon J �i Gloria J. Morse Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW ESTABLISHING & ADOPTING PROVISIONS FOR A SUCESSION OF AUTHORITY AND CREATING NEW SECTION OF TOWN CODE ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 13, 2002, your deponent posted a copy of the attached notice of Public Hearing on the Proposed Local Law Establishing and Adopting Provisions for a Succession of Authority and Creating New Section of Town Code 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. Town Sworn to before me the day of 11-�A ,2002 ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Quatffied in Putchess County Nommission Expires Feb. 28, 200 e Wappinger Sotithern Datchess News 914 297-3723 84 LAST MAIN STREET — WAPPINGERS FAILS NEW YORK - 12590 AFFIDAVIT OF -PUBLICATION t State of New York, New York 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 25th day of February, 2002, at 7:30 p.m. at the Town Hall, 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 -of The Year 2002, es- tablishing and adopting provisions for a Succession of Authority and Cre- ating New Section of Town Code! PLEASE TAKE FURTHER NOTICE that the proposed Local Law will as- tablish the order of succession of authority in the event the Supervisor is absent from the Town or is other- wise unable, unwilling or incapable to discharge the powers and duties, of his/her office authorized and pro- vided under Section 24 of the Execu- tive Law of the State of New York PLEASE TAKE FURTHER NOTICE that the Town Board has determined that the proposed Local Law is a Type 11 action as defined in 6 NYCRR, 617.5(c)(16) and accordingly the Town Board hereby expressly deter- mines that this action is not an ac- tion that requires review pursuant to the provisions of the New York Envi- ronmental Quality Review Act (SEQRA) or pursuant to Local Law No.6 of 1892, or pursuant to NYCRR Part 617. PLEASE TAKE FURTHER NOTICE the full text of the proposed Local Law will be available for review and in- spection at the office of the Town Clerkon weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: February 6, 2002 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, TOWN CLERK County of Dutchess, Town of Wappinger. .................Span..kiiller of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that she is, and at. the several, times hereinafter was, the...... bmokke.P_pQV......... of the SOUTHERN•DUTCHESS NEWS/BEACON 'FREE PRESS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and at the annexxed NOTICE was duly published in the said newspaper for ..... ..... weeks successively -in each week, commencing.on the 13 ..... day of 2002and on the following dates thereafter, namely on .......................................................................... and ending on the ...1.3.......... day of .F.eb r iA ry...2002 both days inclusive. . ......... +......... Subscribed and sworn to before me this .......1.3........ day of ... ebrua-ry....2.002........... ALBERT M OSTE N NOTARY PUBLIC, STATE OF NEW YORK NotaryPublic QUALIFIED IN OUTCHESS COUNTY $14.8240760 "MMISSION EXFIRES JUN 15 20 My commission expires .......................................... 02/25/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 25, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in the matter of the Increase and Improvement for the Facilities of the Oakwood Knolls Water District of the Town of Wappinger. Supervisor Ruggiero opened the Meeting at 8:00 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Mr. Ruggiero announced that Charles DelBene of Paggi, Martin and DelBene would give a brief summary of what this project and then we will take comments from the public. Mr. DelBene explained that the project would connect the Oakwood water district which consists of 79 homes from the intersection of Robert Lane an Myers Corners Road, where the end of the Oakwood line is, and run a new eight inch line along the north side of Myers Corner Road. to the intersection of Myers Corners Road and Spook Hill Road.. It would tie into the existing Central Wappinger Water line on Spook Hill Road., connecting Central Wappinger to the Oakwood District. The supply would then be coming from Central Wappinger Water. It would allow for the abandonment of the existing wells, due to problems, allowing the residents to have capacity and higher quality of water. This will also include new meters and a pressure reducing station. The estimated project cost for the connection is $205,000. Mike Tremper of CAMO Pollution explained that not only are the wells being depleted, but the water is also high in iron. SUPERVISOR RUGGIERIO asked if there were any comments from the public regarding the proposed connection. Frank Versace wished to know what the yearly cost to the residents would be. Supervisor Ruggiero explained that the annual cost for the residents will be $248 a year for twenty years. The residents of Oakwood currently pay a flat rate of $85 a quarter because they are not metered. This will be go down to $25 to $35 per quarter 02/25/2002.PH on an average, depending on consumption. The minimum consumption for billing purposes is 2500 cubic feet. Mike Pineiro of Robert Lane wish to know, once connected, how would that affect the pressure. Mr. Tramper answered that the water pressure coming in from Central Wappinger Water District is significantly higher at this point. The reason for the pressure reducing valve is to bring pressure down to simulate what you have now. Otherwise there would be a lot of pressure on your old water veins, and your plumbing. If the project will take around 6 months to complete. If we authorize this project by April it should be completed by October. Frank Versace wished to know if the existing wells were going to b abandoned. Mr. DelBene said yes. Josephine Keefe wished to know about the cost and would the resident have to pay for the meter. Supervisor Ruggiero explained that there would be no cost for the meters. The $248 includes the meters. This is the Capital cost. The O&M which is a separate cost currently costs $85 per quarter. They will go down to $25-$35 per quarter. This would almost be a wash for the residents. Supervisor Ruggiero explained that the $248 will charged to their taxes. Arlene Harris explained that her water pressure is low now, would it increase when they are hooked up. Mr. Tremper informed her that when the project is completed they will be notified. If some residents feel the pressure is low it can adjusted at the pressure reducing station. Several residents were concerned as to the placement of the meters. Mr. Tremper also explained that the meters would be placed inside the homes, but the read-outs would be placed on the outside of the homes. COUNCILMAN VALDATI moved to close the Public Hearing, seconded by Mr. Paoloni. The Public Hearing closed at 8:20 p.m. 1 Motion Unanimously Carried By Florence Hannon c Gloria J. Mo e Town 1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING TO INCREASE AND IMPROVE FACILITIES AT THE OAKWOOD KNOLLS WATER DISTRICT ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on February 13, 2002, your deponent posted a copy of the attached notice of Public Hearing to Increase & Improve Facilities at the Oakwood Knolls Water District, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. !� 17 GLORIA J. S$ Town Cler Town of appinger alt Sworn to before me the 9- /� day of (uiL ,2002 ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutchess Coun>y Commission Expires Feb. 21 20 v (- Southern News 914 297-3723 84 .FAST MAIN STRF_ET — WAPPINGERS FALLS NEW YORK -12590 AFFIDAVIT OF PUBLICATION State of New York, New York NOTICE OF PUBLIC HEARING County of Dutchess, NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess County, Now Town of Wappinger. York, will meet at the Town Hall, in'. Wappinger, New York, in said Town, on the 25th day of February, 2002, at 7:45 o'clock P.M., Prevailing Time, for the purpose of conducting a public ' hearing on the specific object or pur- .................. f�,a 111 e r pose of paying the cost of the in- ""•"""""""'••. Of the crease and improvement of the facili-' ' ties of the Oakwood Knolls Water Town of Wappinger, Dutchess County, New York, District within said Town, consisting of the purchase and installation of an eight Inch ductile Iron pipe water main ! being duly sworn, says that she is, and at. the several from the Interconnection of Spookhill' Intersections of Roberts Lane and Road and rsCornersRoadtothe t1Il1eS hereinafter was, the ...... baQkl1,Q.QpQr......... Of Myers Comers Road, for the purpose ls Wconnecting terDistrict tothh s stgaae Central the SOUTHERN •DUTCHESS NEWS/BEACON Wappinger Water Improvement Area to provide a new source of watersup 'FREE PRESS, a ply for the Oakwood Knolls Water newspaper printed and published District, Including the purchase and Installation i r pressure reducing fa- cilities, every Wednesday in the Town of Wappinger, Dutchess cllitlea, interconnections and new residential water meters and the dis- connection and abandonment of the Collnty N -w York a existing components of the Oakwood { r and at the annexxed NOTICE was Knolls source supply and storage systems, including incidentalex- Thhe duly published in the said newspaper for ..... ..... Weeks ' passes in connection therewith. e ' - maximum estimated cost of the afore- V said increase and improvement of the '1n each Week facilities of the Oakwood Knolls Wa- , commencing. on the ter District Is $205,000. The aforesaid project, -as proposed. da Of ..� gbruary, 2 0 0 2and On the has been determined to be a Type 11 ... 1 3 y Action pursuant to the regulations of the New York State Department of following ereadates thereafter, namely on Environmental Conservation promul- gated pursuant to the State Environ- mental Quality Review Act, which regulations state that Type 11 Actions will not have a significant effect on a r the environment. and ending on the ...1.3.......... day of .F.C�k� rp ..y .... 20 0 2 At said public hearing said Town Board will hear all persons interested in the subject matter thereof. both days inclusive. Dated: Wappinger, New York February 6, 2002 BY ORDER OF THE TOWN BOARD OF THE ` TOWN OF WAPPINGER GLORIA J. MORSE, TOWN CLERK Subscribed and sworn to before me this .......1.3........ day of ..February..2.Q02............ ALBERT M,,..._. OSTEN NOTARY PUBLIC, STATE OF NEW YORK NotaryPublic QUALIFIED IN DUTCHESS COUNTY # 14-8240760 COMMISSION EXPIRES JUN 15 20n'2 My cofrunission expires ..........................................