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2002-02-11 RGMAGENDA FEBRUARY 119 2002 To: Town Board Attorney to Town of Wappinger Engineer to Town Media From: Joseph Ruggiero, Supervisor Re: Workshop Meeting February 11, 2002 Public Hearings: • Greenway Connections 7:30 p.m. • Reintroduce Public Hearing for Succession of Authority Presentations: 1. Rules Committee - Robert Valdati, Vincent Bettina 2. Escrow Law Review -- Dan Wery, Al Roberts 3. Comptroller Space Study —Don Swartz 4. Building Department Software — J. Greenblatt 5. Recycle — Peter Paggi 2002C1-78 6. Comp Time —Al Roberts RESOLUTIONS R-2002-74- Authorize Dog Control Officer attend Seminar. R-2002-75- Benjamin Construction R-2002-76- Introduce Rezone Local Law GALS R-2002-77- Authorize Zoning Administrator attend Seminar. Page 2 continued R-2002-78- Building Department Software R-2002-79- Authorize Carol DeBellis as Consultant to Town Clerk R-2002-80- Authorize Ciccone Demolition. R-2002-81- Adopt Greenway Local Law. R-2002-82- Authorize Tree Removal Wappinger Cemetery. R-2002-83- Introduce Local Law Escrow Review 1 02/11/2002.WS The Workshop Meeting of the Town of Wappinger was held on February 11, 2002 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent SUPERVISOR RUGGIERO informed the Board that we were supposed to have a Public Hearing this evening on the Succession of Authority law tonight, but unfortunately this resolution did make it to the newspaper in time for the proper posting and publication. It must be reintroduced. tonight RESOLUTION NO. 47 2002 INTRODUCING LOCAL LAW ESTABLISHING SUCCESSION OF AUTHORITY The following resolution was moved by COUNCILMAN BETTINA and seconded by Mr. Paoloni. WHEREAS, Article 2-13, 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 Supervisor is absent from the Town or is otherwise unable or incapable of performing the duties of his office during a disaster or emergency conditions; and WHEREAS, the Town Board has determined it is in the best interests of the Town of Wappinger to establish the succession of authority and to name those persons or officials who will assume the duties of the Supervisor when the Supervisor is absent from the Town, or is unable or incapable of performing his duties during a disaster or emergency conditions. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption Local Law #_ of the Year 2002 in the form annexed hereto establishing the succession of authority in the event the Supervisor is absent from the Town or is unable or incapable of performing his duties during a disaster or emergency conditions. 2. The Town Board hereby determines that the proposed action, that is the introduction of the aforementioned Local Law, it a Type II action as defined in 6 NYCRR 617.5 (c) (16) and, accordingly, the Town Board 1 02/11 /2002.W S hereby expressly determines that his action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law #6 of 1992 pursuant to 6 NYCRR Part 617. BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law #_ of 2002 to be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on 25th day of February 2002 at 7:30 p.m., ant that the Town Clerk be directed to post and publish notice of the Public Hearing in the form annexed hereto. 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 Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. At this time 7:38 p.m. COUNCILMAN BETTINA moved to go into Executive Session to discuss a legal matter, with the Building Inspector, Fire Inspector and Zoning Inspector, also in attendance. Seconded by Mr. Valdati Motion Unanimously Carried The meeting reconvened at 8:13 p.m. with all board members present. There was no action taken at the Executive Session. SUPERVISOR RUGGIERO announced that several members of the audience have asked permission to move GALS presentation up to the beginning of the meeting. Dan Wery, of Frederick Clark Associates gave a short presentation. He explained that back in September the Board asked him to review several problems that came to their attention in regard to the GALS property off All Angels Hill Road. Back in 1999 this property came to the attention of the Town Planning Board for site planning approval to convert existing Residence on All Angels Hill, from Residence to a storage facility. The property is chiefly zoned for General Business and a portion of it is also zoned R-40 single family residential. There were some concerns as to how the property was ever zoned General Business in the first place. The town felt that there was something wrong here and needed further study. Mr. Wery's office performed a study. There had been three comprehensive plans for this property. The first was prepared in 1962 , the next in 1974 and the current one was done in 1988. All three of these plans recommended these properties for residential use. SUPERVISOR RUGGIERO wished to know if there were any questions or comments from the audience. Resident, Joanne Hartwig 02/11/2002.WS wished to know why this was not addressed sooner by the Planning Board. Mr. Wery explained that the Planning Board only knew about the property and the zoning as it existed. RESOLUTION NO. 76 2002 INTRODUCTION LOCAL LAW NO. _ OF 2002 AMENDMENT OF TOWN OF WAPPINGER ZONING MAP The following resolution was moved by Councilperson Paoloni and seconded by Councilperson Colsey. 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 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 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 3 02/1 1/2002.Ws 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) 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 rezone 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 !1 02/11/2002.Ws 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 NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS: 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. a. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: b. 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. c. 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 d. 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 ROBERT L. VALDATI, Councilman VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman CHRISTOPHER J. COLSEY, Councilman The Resolution is hereby duly declared adopted. 5 Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye 02/11/2002.WS PRESENTATIONS RULES OF TOWN BOARD. Mr. Bettina and Mr. Valdati are on the Rules committee. Mr. Bettina reported that they did come up with a compromise in that the residents would have the opportunity to be heard. Mr. Valdati's main goal was to make sure we did not minimize the ability of our residents to speak and be heard. Mr. Roberts announced that he would make the necessary changes as the final adoption. COUNCILMAN VALDATI moved that these changes be incorporated to reflect the mind of Town Board. Seconded by Mr. Paoloni Motion Unanimously Carried ESCROW LAW REVIEW. Supervisor Ruggiero explained that he reviewed the financial audit that was prepared by our auditors, and the major findings are the escrows. There are over 20 applications before the Town of Wappinger with a negative balance in their accounts, totaling $92,540.00. We are working with the Comptroller, Zoning Administrator and the Auditor to see what accounts are negative and what accounts are positive. The purpose of the law that is being proposed tonight is to maintain a minimum balance in escrow for these accounts. Mr. Roberts explained that the applicant is to keep replenishing the escrow account to the amount that is stated on the schedule of fees. Mr. Wery and Mr. Paggi got together, based on the type of case study, made a determination of the amount of fees that would be required. On a two lot subdivision, the initial escrow account would be $3,750. Up to a 10 lot subdivision the initial escrow account would be $7,500. If its over 35 lots the initial escrow account would. be $52,500. As it is drawn down, the applicant would have to replenish it to $52,500. COMPTROLERS SPACE STUDY. At this time Architect Don Swartz gave a presentation on the Comptrollers space study. Three options were presented with costs estimates. Mr. Swartz also included a conceptual construction cost estimate for the rehabilitation of the main corridor of the building, which would include removing the existing wall covering and installing new. Option 1 would come cost around $67,500. Option 2 would cost $85,700, and option 3 would cost $131,000. Discussion followed. BUILDING DEPARTMENT SOFTWARE. Jay Greenblatt of Software Consultants gave a presentation. He was approached by some of the employees of the building department because the software in that department was very inefficient. They basically want something better in order to perform their work more efficiently and service the constituents [II 02/11/2002.WS more quickly. Mr. Greenblatt explained that his company has the software for the building inspector system which is designed for a town the size of Wappinger. The software is simple, straightforward and very efficient. This proposal was submitted last February, but the previous administration let it sit for a year. Mr. Ruggiero requested Mr. Greenblatt review the proposal and resubmit it. The proposal would involve the purchase of the software from SCA, all required training, and a series of software modifications tailored to the Town of Wappinger. It also involves converting information currently stored in the Govern system, removing all the old information, and bringing it into the new system. In addition they would also provide annual service and support. Discussion followed. RECYCLE CENTER Engineer to the Town, Jay Paggi, explained that the Town purchased the Dean property several years ago and has been pursuing a grant for about two years. In the pursuit of the grant we needed to plug in costs that the DEC will allow us to recoup as part of the grant. Mr. Paggi explained that his chart, included the NYSDEC grant schedule breakdown indicating those costs that are eligible for reimbursement as part of the Towns $81,900 grant award. The only construction category that is not eligible for funding is the proposed landscaping item. It should be noted that the Town has "maxed out" its force account work (at least as far as State reimbursement is concerned). Therefore any additional work performed by Graham Foster or his Department is not eligible to be funded. The actual market cost to complete the project is around $118,000. Discussion followed RESOLUTION NO. 70 2002 RESOLUTION TO AUTHORIZE PAYMENT FOR PRINTING OF 2002 RECREATION GUIDE The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Colsey WHEREAS, the Recreation Committee wishes to print a 2002 Recreation Guide and has receives three (3) price quotes for doing same. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Two Thousand and Fifty Five Dollars and Ninety Nine Cents ($2,055.99) payable to Signal Graphics Printing, from Recreation Account A-7140.4, for printing 3,000 2002 Recreation Guides, in accordance with the letter dated January 23, 2002 from Ralph J. Holt, Chairman of the Recreation Committee, 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 7 VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman CHRISTOPHER J. COLSEY, Councilman 02/11/2002.WS Voting Aye Voting Aye Voting Aye The Resolution is hereby duly declared adopted. COUNILMAN BETTINA wished to have the record show that the county was approached to print the guides, but they were too busy this year. RESOLUTION NO. 75 2002 RESOLUTION TO AUTHORIZE PAYMENT TO BENJAMIN CONSTRUCTION, INC The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Bettina. WHEREAS, the Town Board wishes to resolve a dispute with Benjamin Construction, Inc. over payment for additional work performed during the rehabilitation of the Cider Mill Water Tank. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Fifty Thousand Dollars ($50,000.00) payable to Benjamin Construction, Inc. for settlement of the dispute over the payment for additional work performed in the rehabilitation of the Cider Mill Water Tank, from Account , pursuant to the recommendation letter dated January 23, 2002 from Albert P. Roberts, Attorney to the Town of Wappinger, to the Town Board. BE IT FUTHER RESOLVED, that Albert P. Roberts, Attorney to the Town of Wappinger, is hereby authorized and directed to prepare the necessary documentation for said settlement. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 76 2002 INTRODUCTION OF LL #_ OF 2002 AMENDMENT OF TOWN OF WAPPINGER ZONING MAP The following resolution was moved by COUNCILMAN PAOLONI and seconded by Mr. Colsey. WHEREAS, an application known as GALS, Inc. contractor's Storage Facility, for site development plan approval involving the outdoor storage of F, 02/11/2002.WS 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 6259-03-475065; and WHEREAS, the subject property is zoned GB General Business on its northern half and R-40 One -Family Residence to the south; and 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 WHERAS, in response to concerns raised at meetings and pubic 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 6259-03-453041 and 6259-03-494036 (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 from 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 DI 02/11/2002.WS 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) 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 NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. _ of 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. 10 02/11/2002.WS 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 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 Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 77 2002 RESOLUTION TO AUTHORIZE ZONING ADMINISTRATOR TO ATTEND SEMINAR The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Bettina. WHEREAS, the Town Board wishes to have Tatiana Lukianoff, the Town Zoning Administrator, attend training at the 32nd Annual Planning and Zoning for Community Land Use Management Seminar at Charlotte, North Carolina. NOW, THEREFORE, BE IT RESOLVED, that Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, is hereby authorized to attend training school at the 32nd Annual Planning and Zoning for Community Land Use Management Seminar in Charlotte, North Carolina on March 18 — 20, 2002 in accordance with the course brochure attached hereto at a total cost not to exceed $ 11 02/11/2002.Ws The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 78 2002 RESOLUTION TO AUTHORIZE THE PURCHASE OF SCA BUILDING DEPARTMENT SYSTEM SOFTWARE The following Resolution was introduced by COUNCILMAN PALONI and seconded by Mr. Bettina WHEREAS, the Town Board wishes to upgrade the computer software for the Building Department by the purchase of SCA Building Department System Software. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Eight Thousand, Eight Hundred and Fifty Dollars ($8,850.00) payable to Software Consulting Associates, Inc. for SCA Building Department System Software, to be paid from the fund balance, pursuant to the letter dated February 28, 2001 from Jay M. Greenblatt, Vice President of Software Consulting Associates, Inc. to former Supervisor Connie Smith. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 79 2002 RESOLUTION DESIGNATING CAROL DEBELLIS CONSULTANT TO TOWN CLERK'S OFFICE The following Resolution was introduced by COUNCILMAN BETTINA and seconded by Mr. Colsey WHEREAS, the Town Board pursuant to Resolution No.44 of 2002, previously allocated Twelve Thousand Dollars ($12,000.00) for the review, examination, organization, reorganization and elimination of unnecessary documents in the Town Clerk's Office as well as for the hiring of additional personnel as needed; and WHEREAS, the Town Clerk has consulted with Carol DeBellis, former Town Clerk of the Town of La Grange, who indicated that she would be willing to work as a consultant to the Town Clerk in the organization and the 12 F� EI 02/11/2002.WS reorganization of the Town records in the Town Clerk's Office at an hourly rate of $14. NOW, THEREFORE, BE IT RESOLVED, that Carol DeBellis is hereby retained and hired as a consultant to the Town Clerk at an hourly rate of $14 to assist the Town Clerk in the organization and the reorganization of the Town records maintained in the Town Clerk's Office and to otherwise assist the Town Clerk in developing and recommending to the Town Board a comprehensive Records Management Plan. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 80 2002 RESOLUTION TO AUTHORIZE PAYMENT FOR THE DEMOLITION OF 36 MIDDLEBUSH ROAD The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Colsey. WHEREAS, a residential structure owned by Robert J. Von Bergen and Diana Von Bergen at 36 Middlebush Road, Wappingers Falls, New York was substantially damaged by a fire on January 28, 2002; and WHEREAS, the Town Board by Resolution No.72 of 2002 authorized the building inspector to order the immediate demolition of the remains of said structure; and WHEREAS, Ben Ciccone, Inc. demolished said structure and removed the debris from the premises at a cost of Sixteen Thousand, One Hundred and Thirty Eight Dollars and Thirty Eight Cents (16,138.38). NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of Sixteen Thousand, One Hundred and Thirty Eight Dollars and Thirty Eight Cents (16,138.38), payable to Ben Ciccone, Inc., for the demolition and removal of the residential structure damaged by fire on January 28, 2002 at 36 Middlebush Road, Wappingers Falls, New York, to be paid from Account No. , pursuant to the Town of Wappinger Purchase Order and Voucher of Ben Ciccone, Inc., certified by Lenore A. Ciccone on January 31, 2002. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor ROBERT L. VALDATI, Councilman 13 Voting Aye Voting Aye 02/11/2002.WS VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 812002 RESOLUTION TO AUTHORIZE THE ADOPTION OF A PROPOSED LOCAL LAW ENTITLED "LOCAL LAW NO. #1 OF THE YEAR, 2002, ADOPTING `GREENWAY CONNECTIONS" The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Bettina WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #1 of the Year 2002, adopting `Greenway Connections"' 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 11, 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 reviewed the adoption of this Local Law as an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (SEQRA) and pursuant to Local Law 6 of 1992, the Town Board has determined that adoption of said proposed Local Law would not have any adverse environmental impacts, and the Town Board therefore issued a Negative Determination of Significance in connection with same; 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 Local Law entitled "Local Law No. #1 of the Year 2002, adopting `Greenway Connections"', 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 14 Voting Aye ROBERT L. VALDATI, Councilman VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman CHRISTOPHER J. COLSEY, Councilman The Resolution is hereby duly declared adopted. 02/11/2002.WS Voting Aye Voting Aye Voting Aye Voting Aye RESOLUTION NO. 82 2002 RESOLUTION TO AUTHORIZE TREE REMOVAL The following Resolution was introduced by COUNCILMAN VALDATI and seconded by Mr. Bettina WHEREAS, the Town of Wappinger owned or is in control of a cemetery located on Old Route 9 and adjacent to a Poughkeepsie Nissan dealership; and WHEREAS, on August 7, 2001, a rotten tree located on the Wappinger Cemetery site fell on Poughkeepsie Nissan property causing damages to ten (10) cars; and WHEREAS, the owner of Poughkeepsie Nissan served written notice to the Town Supervisor indicating that the Wappinger Cemetery site has several other trees that are rotten and in danger of falling on to Poughkeepsie Nissan's property; and WHEREAS, the Town Highway Superintendent examined the Wappinger Cemetery site and has determined that several trees were rotten and in imminent danger of falling and immediately hired Baisley Tree Service to remove said rotten trees on an emergency basis. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby ratifies, confirms and approves the actions taken by Highway Superintendent, Graham Foster, to remove all rotten trees that were in danger of falling at the Wappinger Cemetery site and hereby approves payment to Baisley Tree Service in the sum of $ 1,900 for the removal of said rotten trees. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 83 2002 AMENDMENT OF TOWN OF WAPPINGER ZONING CODE INTRODUCTION OF LOCAL LAW NO. _ OF 2002 15 02/11/2002.WS The following resolution was moved by COUNCILMAN BETTINA and seconded by Mr. Valdati. WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning Code of the Town of Wappinger requires update and amendment regarding the procedures for the reimbursement of professional review fees incurred by the Town as part of the application review process and the post - approval reviews and inspections to prevent potential; and WHEREAS, the Town Board has authorized the preparation of recommended revisions and other amendments to: Chapter 240 of the Wappinger Town Code, the Zoning Code; and WHEREAS, the Town Board currently has before it for consideration proposed revisions to the Zoning Code (the "Proposed Action"); and WHEREAS, the proposed revisions have been referred to the Town of Wappinger Planning Board pursuant to section 240-112 of the Zoning Code of the Town of Wappinger; and WHEREAS, the Town Board determined that the Proposed Action is a Type II action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law), which actions have been determined not to have a significant adverse impact upon the environment and are exempt from further environmental review in accordance with SERA NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: 2. 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. 3. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing. b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of General Municipal Law; and 16 F, 02/11/2002.WS 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 t JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 74 2002 RESOLUTION TO AUTHORIZE TOWN DOG WARDEN TO ATTEND ACADEMY The following Resolution was introduced by COUNCILMAN PAOLONI and seconded by Mr. Bettina WHEREAS, the Town Board wishes to authorize Jerry Owen, Dog Warden of the Town of Wappinger, to attend training at the Animal Control Officers and Shelter Personnel Academy at Delhi, New York. NOW, THEREFORE, BE IT RESOLVED, that Jerry Owen, Dog Warden to the Town of Wappinger, is hereby authorized to attend training courses at the Animal Control Officers and Shelter Personnel Academy to be held at University of New York in Delphi on May 28 - 31, 2002 in accordance with the course brochure attached hereto at a cost not to exceed One Hundred and Ninety Dollars ($190.00). The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. At this time 9:40 p.m. COUNCILMAN BETTINA moved to go into Executive Session to confer with Attorney regarding Comp time. Seconded by Mr. Colsey Motion Unanimously Carried The meeting reconvened at 10:23 p.m. with all board members in attendance. There was no action taken at the Executive Session. COUNCILMAN PAOLONI moved close the meeting, seconded by Mr. Bettina and unanimously carried. The meeting closed at 10:23 p.m. 17 02/11/2002.ws Gloria ors Tow erk f Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Max EW yWAPPINGER Townof------ ---------------------- YNEW Local Law No. -------- #1------------------------- of the year 20-02-- A local law __eAt�.i_�ed___'I4���_ Law_Noof the Year 2002, adopting 'Greenway O.n rm', - Cszc�ziaca ons ---------------------------------------------------------------------------------------- -------------------------------------------------------------------- Be it enacted by the -------- Town-koaxd-- - ---- -- - - - ---- -- - of the (.Mame oJLagis(atme Body) 1of wq. Ui Y,3x Wa in er Town of----------------------p�- g - - -- - - - - - - as follows: 1 xaw TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -?39 (Rcv. 11/99; (1) 1 10 LOCAL LAW No. #1 OF THE YEAR 2002 A Local Law entitled "Local Law No. #1 of the Year 2002, adopting `Greenway Connections'." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1 Title: "Local Law No of the Year 2002 adopting "Greenway Connections". This Local Law shall be known and cited as "Local Law No. it i— of the Year 2002, adopting "Greenway Connections". Section 2 Legislative Intent: 1. The Town of Wappinger has heretofore agreed to adopt as a statement of land use policies, principles and the document entitled "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities" dated March 8, 2000. In order to implement the policies, principals and guides contained in said document, the Town of Wappinger hereby intends to amend appropriate sections of the Town Code. Section 3 Adoption of "Greenway Connections": 1. Chapter 240 of the Town Code of the Town of Wappinger is hereby amended by the addition of Section 240-2.1 as follows: "240-2.1 – Greenway Connections: A. Pursuant to the provisions of Section 44-0119 of the Environmental Conservation Law of the State of New York, the Town of Wappinger hereby adopts as a statement of land use policies, principles and guides the document entitled "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities" dated March 8, 2000 (hereinafter referred to as Greenway Connections), by which action the Town of Wappinger becomes a participating community in the Greenway Compact. B. Proposals to amend "Greenway Connections" may from time to time be made by the Hudson River Valley Greenway Communities Council (hereinafter referred to as "Greenway Council") in response to requests from participating communities. Within 90 days of receipt of any such proposal from the Greenway Council, the Town Board of the Town of Wappinger shall determine by resolution whether to accept or to reject such proposed amendment. Any proposed amendment so accepted shall be considered an amendment of "Greenway Connections" as adopted by the Town of Wappinger. Any proposed amendment rejected by the Town Board will not be considered to be an amendment of "Greenway Connections" for the Town of Wappinger, and notice of such rejection shall promptly be provided to the Greenway Council. Failure of the Town Board to accept such proposed amendment shall be deemed a rejection thereof. C. It is the stated policy of Town Board of the Town of Wappinger that when the Town considers future enactments or amendments of its land use laws, rules or regulations, the Town Board shall consider the statement of land use policies, principles and guidelines •+ contained in the "Greenway Connections ", in its deliberative process, and the Town Board shall, prior to enacting such land use law, rule or regulation, make a finding that such law, rule or regulation is consistent with the land use policies, principles and guidelines contained r in "Greenway Connections", to the extent the Town Board deems appropriate. All determinations made hereunder shall be deemed legislative decisions within the Town Board's legislative discretion. D. The Town Board hereby finds that any Town reviewing Board, including but not limited to the Planning Board and Zoning Board of Appeals, in its deliberations on any discretionary actions under the Zoning Law, shall consider the statement of policies, principles and guidelines "Greenway Connections" as such reviewing Board deems appropriate and relevant in its determinations on such discretionary decisions." 2. Chapter 240 of the Town Code of the Town of Wappinger is hereby amended by the addition of Section 240-112. A. (3) as follows: "Section 240-112. A. (3). Greenway Connections. Whenever undertaking any amendment, supplement or repeal of the Zoning Code of the Town of Wappinger, the Town Board shall consider the statement of land use policies, principles and guidelines contained in the Greenway Connections, in its deliberative process, as set forth in Section 240-2.1 of this Code." 3. The Town Code of the Town of Wappinger is hereby also amended by the addition of the following Section to Chapter 217 (Subdivision of Land) by the Addition of Section 217-4.1 as follows: "217-4.1 Greenway Connections. The Town Board hereby finds that any Town reviewing Board, including, but not limited to, the Planning Board and the Zoning Board of Appeals in its deliberations on any discretionary actions under the Subdivision of Land Code shall consider the statement of policies, principles and guidelines in'Greenway Connections' as such reviewing Board deems appropriate and relevant in its deliberations on such discretionary actions." 4. Chapter 217 of the Town Code of the Town of Wappinger is further amended by the addition of the section 217-7(C), as follows: "217-7(C) - Greenway Connections. Whenever the Planning Board, subject to the approval of the Town Board undertakes an amendment to the Subdivision of Land Code, it shall consider the statement of land use policies, principles and guidelines contained in the "Greenway Connections" as set forth in paragraph 217.4.1." Section 4. Home Rule Authority. Nothing in this Local Law adopting "Greenway Connections ", or in becoming a participating community in the Greenway Compact is intended, or shall be construed (a) to limit the home rule authority of the Town under State Law to make local land use and zoning decisions, (b) to authorize any other entity to supersede the Town's land use laws and regulations or to impose any requirements on the Town, or (c) to prevent the Town in its sole discretion from adopting a local law at a later date for the purpose of withdrawing from the Greenway Compact or "Greenway Connections ". 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 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 6. 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. (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. ______ __________________________ of 20______ ofthe' 13o d -9(T)wn)(XMQk) of ---- Wagpingez---------------------------------- was duly passed by the Town--- ---------- _ ------ on Rb ______ 20 Q2, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20-_____ of the (County)(Citv)(Town)(Village) of ______________________________________________ ______ ___ _______ was duly passed by the ----------------------------------------------- on __________________ 20 ___ , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the __________________________________________________• and was deemed duly adopted on 20_ ----------------- I •strive Chi:f Esecurive Officer•) --- r 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 -------------------------------------------------- 20---- , and was (approved)(not approved)(repassed after (Name of Legislative Bod.v) disapproval) by the _________________________________________________ on___________________ 20-___'. Such local law was submitted (Elective Chief Executive Officer•) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on __________________ 20L ---in accordance with the applicable provisions of law. ' 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20______ of the (County)(City)(Town)(Village) of ________________________________ _ __ _ - - was duly passed by the ""---"--------------------------------------------- o❑ ------------------ 20-- , and was (approved)(not approved)(repassed after (Saone of Legislative Bodvl disapproval) by the ____________________________________________ on ________ 20 ___ . Such local law was subject to ---------------- IEleetivt Chit/Exrcurivt Officer•) ' permissive referendum and no valid petition requesting such referendum was filed as of __________________ 24___ , 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 ora 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 Citv of -----------------------------------------of 20------ ---- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on became operative. ___________________ 20____ 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20_____. of the County of _______________________________________________ State of New York, having been submitted to the electors at the General Election of November ______ _______________ 20_._-, pursuant to subdivisions 5 and 7 of section 33 of the € Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding.local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ____-I------- above. (Seal) Clerk of the County leg or officer designated by GLORIA JM RSE, Date:J/ . Ci Clerk or Village Clerk (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTYOF—DI1Tf'.HFSS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ALBERT P Tule ROBERTS Attorney to Town Ann T Xx of Glapni nger balm Date: l 2002 (3) 02/11/2002.PH A Public Hearing was held by the Town Board of the Town of Wappinger on February 11, 2002, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law adopting "Greenway Connections". Supervisor Ruggiero opened the Meeting at 7:30 P.M. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). There were no comments or questions from the audience. COUNCILMAN BETTINA moved to close the Public Hearing, seconded by Mr. Colsey. The Public Hearing closed at 7: 33 P.M. Motion Unanimously Carried loria J. M s Town Cler TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW ADOPTING THE GREENWAY CONNECTIONS ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on January 30, 2002, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Adopting the "Greenway Connections", 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. LORIA J. RSE Town Clerk Town of appinger Sworn to before me the day of 1cza,2002 ALBERT P. ROBERTS I ffARY PUBLIC, State of New VA Qualified ie Dutchesa CCU* ewRt *sW Exolm Feb. It 20 SOUTHERN DUTCHESS ;NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 #nit .1 cA a v i •t <:> -F F> LA L> 1 i c a -t-- i- o n NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the'. T o = WAPPINGERS FALLS, TOWN Town Board of theTown of Wappinger will conduct a PUBLIC HEARING on P.O. BOX 324 the 11th day of February, 2002, at 7:30 p.m. at the Town Hall, Town of WAPPINGERS FALLS, NY 12590 20 Middlebush Road, Wappingers Falls, NewYork at which time all parties in interest and citizens shall have an opportunity to be heard R e = Legal n O t. i C: e #,50896 as to whether the Town Board of the , Town of Wappinger shall adopt a pro- posed Local Law, entNled'Local Law State of NEW YORK } No. 1 of the Year 2002, adopting Greenway Connections.' . } �, c_ s S . PLEASE TAKE FURTHER NOTICE that the purpose and Intent of the pro- County of D U T C H E S S } posed Local Law is to adopt as a statement of land use policies, prin- ciples and guides the document en- titled 'Greenway Connections: I JOAN MILLER been dui sworn depose and y } � %� � p and GreenwayCompactProyCmmu- Guides for Dutchess County Commu- say; that I am the BOOKKEEPER of Southern rifles• (hereinafter referred to as nities' Greenway Connections), by which Dutchess News, a weekly newspaper of general action the Town of Wappinger be- comes a participating community in circulation published in WAPPINGERS FALLS, the Greenway Compact, and to incor- County of DUTCHESS, State of NEW YORK; and porate same into the Town Code of the Town of Wappinger where appli- that a notice, of which the annexed is a PLEASE TAKE FURTHER NOTICE printed copy, was duly published in Southern that theTown Board has reviewed the adoption of this Local Law as an Dutchess News once o n 01/30/02. Unlisted Action eto Article n of the nvironmeentalntalConservation E Law, Part 617 NYCRR (SEO. ;.l) and pursuant to Local Law 6 of 1892, and has determined that there are no adverse environmental impacts as- s0ciated with the adoption of this Local Law, and the Town Board has Issued a Negative Determination of Sworn to befo) me this 30th day of January, 2002 Snificance for this PLEASE TAKE FURTHERINOTICE that copies of the proposed Local Law No, t of the Year 2002 are Avail- able for review and inspection at the Office of the Town Clerk on weekdays Notary Public from 120 Mlddleebus Road ALBERT M. OSTEN neHa Wappingers Falls, New York. NOTARY PUBLIC, STNTE OF NEW YORK The Town Board further directs the Town Clerk to act as follows with re - Town QUALIFIED IN 11U CHESS COUNTY spect to the proposed Local Law: fr 14-8240760 a. To serve a the annexed proposed Local Law, the COMMISSION EXPIRESJUN 2��3 Determination of Slgnifl- cae and the Public Hearing Notice cane to the municipal clerk of each abut- ting municipality not less than ten 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 Advi- sory Review in accordance with §238 of the General Municipal Law, and c. To distribute a copy of this Read u - tion and the annexed proposed Local Law, and the Public Hearing Notice to the Town of Wappinger Planning Board for its review and reo- ommendation pursuant to §240.12 of the Zoning Code prior to said Public Hearing. The question of the adoption of the foregoing Resolution was duly put to a roll call which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L VALDATI, Councilman Voting Aye VINCENT F. BETTINA. Coun6iman Voting Aye h JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye Dated: Wappingers Falls, New lark January 14, 2002 The Resolution is hereby duly de- clared adopted. Gloria J. Morse, Town Clerk