The URL can be used to link to this page

2006-09-25 RGMTown of Wappinger Town Board Meeting Minutes 20 Middlebush Road Wappingers Falls, NY 12590 Chris Masterson (845) 297-5771 Monday, September 25th, 2006 7:30 PM Town Hall Call to Order Supervisor Ruggiero called the Meeting to order at 7:46 PM. �►e>Iie Na><ne.. ? Olrganization ._ W � w_ Titleµ mStats Arrived Joseph Ruggiero Town of Wappinger _ „yw Supervisor Present Robert Valdati Town of Wappinger Councilman Late 8:10 PM Vincent Bettina Town of Wappler Councilman Present Maureen McCarthy Town of Wappinger, Councilwoman _ Present Joseph Paoloni Town of Wappinger . Councilman Present Acknowledgement of Others in Attendance Supervisor Ruggiero announced that Town of Fishkill Supervisor, Joan Pagones, was in attendance as a guest to speak during the Public Hearing on the Cooperative Assessment Program. Public Hearings Resolution Introducing Local Law No. of the Year 2006, Creating Chapter 150 of the Town Code Establishing a Coordinated Assessment Program Between the Town of Wappinger And the Town of Fishkill Supervisor Ruggiero opened the Public Hearing at 7:51 PM. Town Clerk Chris Masterson offered for the record the affidavits of posting and publication. (These affidavits are attached hereto and made part of the Minutes of the Meeting). Supervisor Ruggiero began the discussion by stating that he had attended a public hearing in the Town of Fishkill earlier in the month on this same topic. The two Town Boards have been working on the Cooperative Assessment Program ("CAP") together for about two years. There is a revaluation going on throughout the County and the largest part is taking place in the Southern Dutchess area. Eight such municipalities have joined into a consortium. The Town of Wappinger and Town of Fishkill will be coming up to 100% assessment in 2007 which satisfies the CAP requirement that the municipalities be at the same equalization rate and have the same assessment level. Aside from cost savings, the CAP will present additional benefits. Having one shared assessor for both the Wappinger and the Beacon School. Districts, and both Towns being at the same equalization rate, the Towns will be able to maintain assessments going forward without shifts in the tax rates. Like homes, in like towns, will be assessed equally. This CAP would be one of the largest CAP's in New York State and is a big opportunity for both Towns. Up until this point, most CAP's have been in rural communities. Supervisor Ruggiero announced that Town of Fishkill Deputy Supervisor, Mr. Ferguson, was also in attendance and then asked Supervisor Pagones if she would like to comment. Supervisor Pagones pointed out that it is becoming clearer that communities like ours must do more with less. This intermunicipal agreement is classic in that it will streamline government by having one assessor. In Fishkill's case, this will save $60,000 in the assessor department's budget. In 2007 alone, both Towns will receive $17.00 per parcel. Supervisor Pagones went on to explain that other communities are coming together in the same manner that Wappinger and Fishkill are. For example, Rhinebeck is sitting down with Amenia. Unionvale is talking to LaGrange. Communities all over Dutchess County are taking part. Supervisor Pagones stated that she believes this to be a win-win situation. At that time, Supervisor Pagones turned the discussion back over to Supervisor Ruggiero. Supervisor Ruggiero asked if there were any comments from the Wappinger sub- committee that was initiated for this matter. Councilman Bettina stated that he was excited to support this. He has said before that intermunicipal agreements are something that towns should look at in the future as a means to save money. Councilman Paoloni commented that he felt that "the devil is in the details". In principle, this is a good program. Details such as the car and the salary are details that would need to be worked out. Supervisor Pagones agreed that those were small details that could easily be worked out. Supervisor Ruggiero added that the best way to Town of Wappinger Page I Printed 1011312006 Town Board Meeting Minutes September 25, 2006 handle it would be to establish the two subcommittees, one for each town, to get together and iron out the finer details of the agreement. Supervisor Ruggiero then introduced Harry Girtlestone from the New York State Office of Real Property Services. Mr. Girtlestone stated that there would be a one-shot deal to receive $12.00 per parcel. Also, since the Towns are doing reassessments, there is State Aid available. Mr. Girtlestone asked that two items be discussed for the record. First, this agreement is somewhat like a marriage. There is a ten year commitment. If any town opts to get out, it would have to repay a pro -rated amount. Secondly, this program is not exclusively for small communities. Most small communities have taken advantage of it, but larger municipalities are also eligible. Mr. Girtlestone then fielded questions from the Board. Councilman Paoloni asked Mr. Girtlestone if he could comment on the significance of population as opposed to parcels and also if he would comment to the fact that some parcels are not equal to others, such as commercial parcels versus residential parcels. Mr. Girtlestone replied that a primarily residential town with 5000 parcels would normally be easy to appraise, but that town would also have more exemptions to process. Conversely, for a more commercialized town with only 3000 parcels, the properties may be more difficult to assess. The Towns of Wappinger and Fishkill are very similar. They share the Route 9 corridor and school districts. Discussion about the size of Wappinger compared to the size of Fishkill followed. Loretta Brunello stated that Wappinger had approximately 9200 parcels and that Fishkill had 7100. Discussion followed. Supervisor Ruggiero then opened the floor for public comment. The first resident to speak was Concetta Olivieri, of 207 Old Hopewell Road. Mrs. Olivieri asked if all of this would apply only to the Town taxes. She wanted to know if it would alleviate school taxes as well. Supervisor Ruggiero replied that this would not alleviate Town or school taxes. The Town would be setting the assessment roll for all taxing entities: Dutchess County, school districts, fire, ambulance, etc. The Town sets the roll and then the taxing entity applies the tax levy. Wappinger will now be sharing the resource of a common assessor while trying to maintain assessment levels. The residents will see a difference in the tax rates for the same school district between the two Towns going forward. Residents of Wappinger and Fishkill with like homes will be paying the same tax. In theory, the State's equalization rate is supposed to achieve that. But the Towns of Wappinger and Fishkill are trying to regain local control over that process. The Towns will be implementing new technology so that they will be able to maintain the levels at 100%. As the State lowers the equalization rate, senior citizens benefits such as the STAR exemption do decline. Veteran's exemptions also decline. It makes it difficult for the residents of the community to get the full benefit of the programs that the Legislature has put in place. Every time that the State lowers the equalization rate because one of the municipalities fails to maintain its assessment level, the rest of the municipalities suffer. He summarized his point by saying that it has been an expensive venture for all of the municipalities, but in the end, it has been the right decision. Mrs. Olivieri followed up with a comment that the residents of Wappinger should be using the local DMV office instead of mailing their transactions in or using the internet. Supervisor Ruggiero responded in agreement. He explained that he was aware of that issue and answered a series of questions from the resident on this topic. Supervisor Ruggiero asked if there were any further questions or comments. There were none. Councilman Paoloni made a motion to close the Public Hearing. Councilwoman McCarthy seconded the motion. After a unanimous vote, the Public Hearing was closed at 8:07 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Joseph Paoloni, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Bettina, Paoloni, McCarthy, ABSENT: Valdati I Town of Wappinger Page 2 Printed 10/13/2006 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE. MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW WHICH WILL CREATE CHAPTER 150 OF THE TOWN CODE ESTABLISHING A COORDINATED ASSESSMENT PROGRAM BETWEEN THE TOWN OF WAPPINGER AND THE TOWN OF FISHKILL AND SHALL AUTHORIZE THE TOWN OF WAPPINGER TO ENTER INTO A MUNICIPAL COOPERATIVE AGREEMENT BETWEEN SAID TOWNS PURSUANT TO SECTIONS 576 AND 579 OF THE REAL PROPERTY TAX LAW AND ARTICLE 5-G OF THE GENERAL MUNICIPAL LAW STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 13th, 2006, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law which will create Chapter 150 of the Town Code establishing a Coordinated Assessment Program between the Town of Wappinger and the Town of Fishkill and shall authorize the Town of Wappinger to enter into a municipal cooperative agreement between said towns pursuant to sections 576 and 579 of the Real Property Tax Law and Article 5-G of the General Municipal Law on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Sworn to before me the 25th . I of September, 2006 NOTARY UBLIC Q,o-- (I V, ��' ohn.C. -14asterson Town Clerk Town of Wappinger MARIA 4LBRIDE , Nota P�'blic, State of New:York :• eg. No•.,SIG1508.7374 Qua�iiied ie=putcH?ss Co . -Com�nisslpn Expires x'04.3,` - . i06SMSITMeeting Mfffjt�s Septear r� 1,"fdbt Ill. Executive Session 1. Motion To: Go into executive session at 8:09 PM to discuss a personnel issue relating to the CAP. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Joseph Paoloni, Councilman AYES: Joseph Ruggiero, Vincent Bettina, Joseph Paoloni, Maureen McCarthy ABSENT: Robert Valdati 2. Motion To: come out of executive session at 8:33 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER Maureen McCarthy, Councilwoman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati 3. Statement for record - Supervisor Ruggiero Supervisor Ruggiero asked that the record show that Councilman Valdati joined the Board while they were in executive session. He was representing the Town Board at an even that was taking place at Roy C. Ketcham. The event was held to honor students just returning from a European trip during which they sang for the Pope in Vatican City. IV. Public Hearings Resolution Introducing Local Law No. of the Year 2006, Creating Chapter 85 of the Town Code, Uniform and Energy Codes, Repealing Chapter 24 of the Town Code and Amending Section 122 20 (B) of the Town of Wappinger Code. Supervisor Ruggiero opened the Public Hearing at 8:33 PM. Town Clerk Chris Masterson offered for the record the affidavits of posting and publication, duly signed and notarized (These affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Ruggiero then asked Al Roberts to give an explanation of the purpose of the Public Hearing. Mr. Roberts explained that the Town's original ordinance for administering the State Building Code was adopted in 1960. It had been amended on a number of occasions. When it came time to implement the Town Code in the late 1990's, that Building Department recommended that it not be included until is has been revamped in accordance with the impending Code changes. As the Town looked into the matter, it determined that many of the provisions of the Code establishing the Fire Prevention Bureau and Fire Code are now covered in the Uniform Code. This Local Law consolidates all of the various provisions of the Uniform Code, including its various sub -chapters: The State Building Code, Fire Code, Mechanical Code, Plumbing Code, Fuel Gas Code, Residential Code, Energy Conservation and Construction Code, and Property Maintenance Code. It coordinates everything into one comprehensive Local Law and implements various provisions of the Fire Prevention Bureau. It also incorporates fines for violations that vary from $100 to $1500. Supervisor Ruggiero asked if there were any comments or questions from the public. Mrs. Olivieri asked where she could get a copy of the Codes that Mr. Roberts was referring to. Director of Code Enforcement, George Kolb, replied that they were on hand at the Town Hall in the Building Department. Councilman Bettina made a motion to close the Public Hearing. Councilwoman McCarthy seconded the motion. After a unanimous vote, the Public Hearing was closed at 8:36 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati Town of Wappinger Page 3 Printed 10113/1006 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW CREATING CHAPTER 85 OF THE TOWN CODE, UNIFORM AND ENERGY CODES, REPEALING CHAPTER 24 OF THE TOWN CODE AND AMENDING SECTION 122-20 (B) OF THE TOWN OF WAPPINGER CODE STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 13th, 2006, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law creating chapter 85 of the Town Code, Uniform and Energy Codes, Repealing Chapter 24 of the Town Code and Amending Section 122-20 (B) of the Town of Wappinger Code on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. �Q' r. /,,// J/ t z � �" ohn C.sterson Town Clerk Town of Wappinger Sworn to before me the 25th d of September, 2006 NOTARY IqJBLIC MARTA GILBRIDE Notary"Pi-b re, State of New York ` Reg. -No. OIG15087374 1�uatified in DutchPss County Commission Expires Nov. 3, SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FAILS, NY 12590 A-F-Ficiawit c> -F F3ub1 To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #74743 State of NEW YORK } } SS County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say: that. I am the PUBLISHER of Southern Dutchess News, a weekly newspaper- of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 09/13/06. Sworn to before me this 13th day of September, 2006 0. ALBERT M OSTEN Notary Public, State of NEW YORK No. 14-8240760 Qualified in DUTCHESS County My commission expires on June 15, 2007 d 44 1 ► ► ► > �, Poughkeepsie, N.Y. n PUBUCATION RECEIVED State of New York SEP 18 2a County of Dutchess �� +�RK City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year 2006 in the city of Poughkeepsie, Dutchess County, New York, and that the an ge�-1 9eTI(4&?s duly published in the said newspaper for weeks successive] h on the ,.in each week, commencing Gpn} day of 2006 and on the following dates thereafter, namely on: And ending on the day of --- --, 2006, bot ays inclusive. Subscribed, and swo to before me this / day of 20 ,067 Not Public My commission expires-_ MAUREEN CIESLUK NOTARY PUBLIC, STATE OF NEW YORK NO. 01 C15096485 QUALIFIED IN DUTCHESS COUNTY COMMISSION EXPIRES OCTOBER 14, 200 Town Board Meeting Minutes September 25, 2006 Resolution Introducing Local Law No. of the Year 2006, Changing Grievance Day to the First Thursday Following the Fourth Tuesday of May Supervisor Ruggiero opened the Public Hearing at 8:37 PM. Town Clerk, Chris _ Masterson, offered for the record the affidavits of posting and publication, duly signed and notarized (These affidavits are attached hereto and made a part thereof the Minutes of the Public Hearing). Supervisor Ruggiero asked if there was anyone in the audience that had questions or comments. Mrs. Olivieri asked if this means it would also be after the fourth Wednesday. The Supervisor and Town Attorney replied that depended on the year. Supervisor Ruggiero then asked if there were any other questions. There were none. At that time, Councilman Valdati made a motion to close the Public Hearing. Councilman Bettina seconded the motion. After a unanimous vote, the Public Hearing was closed at 8:38 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Robert Valdati, Councilman SECONDER: Vincent Bettina, Councilman i AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati Town of Wappinger Page 4 Printed 10/13/2006 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW WHICH WILL CHANGE TAX GRIEVANCE DAY FROM THE FOURTH TUESDAY IN MAY OF EACH YEAR TO THE FIRST THURSDAY FOLLOWING THE FOURTH TUESDAY IN MAY OF EACH YEAR STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) John C. Masterson, being duly sworn, deposes and says: That he is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 13th, 2006, your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local Law which will change Tax Grievance Day from the fourth Tuesday in May of each year to the first Thursday following the fourth Tuesday in May of each year on the signboard maintained by your deponent in his office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Sworn to before me the 25th da of Sept? ber, 2006 NOTARY UBLIC 11 John C. asterson Town Clerk Town of Wappinger MARIA &BR:IDE Notaryy Pyblic,,S ate,ef New York Reg.`No. DIGI5087374 ,ri< Qualifiedin Dut6pss COON Commiss�n ExQires Nov, 3; SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 Af -F i clay i -t <> -F Pub l i ca.t i c> " To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #74741 State of NEW YORK } } SS: County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say: that I am the PUBLISHER of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 09/13/06. Sworn to before me this 13th day of September, 2006 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14-8240760 Qualified in DUTCHESS County My commission expires on June 15, 2007 SEP 2 2 2006 T4wN CLF -FK i' Poughkeepsie, N.Y. AFnDAVIT OF:* PUBLICATION RECEIVED State of New York SEP 1 8 County of Dutchess ,A City of Poughkeepsie TOM Cwilc Rita Lombardi of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year 2006 in the city of Poughkeepsie, Dutchess County, New York, and that the an ged Xjg 4Ms duly published in the said newspaper for weeks succes ivel in each week, commencing on the 13 day of 2006 and on the following dates thereafter, namely on: And ending on the day of - —, 2006 , both days inclusive. Subscribed and swo to befo e this day of�� > 06 My commission expires MAUKttN UtSLUK )TARY PUBLIC, STATE OF NEW YORK N0.01nugsas QUALIFIED IN DUTCHESS COUNTY COMMISSION EXPIRES OCTOBER 14, 200 11 Town Board Meeting Minutes September 25, 2006 V. Minutes Approval 1. Monday, August 28th, 2006 2. Monday, September 11 th, 2006 3. Tuesday, September 19th, 2006 " , 4 iwi ' Nicce" 4ieniintites of Au ust`28` ; se tember 11'k, and se teni erA0142006,4nd Iace'them on file Yes/Aye i No/Nay ; Abstain Absent Joseph Ruggiero Voter0 I [11 ❑ ❑ 0 Adopted Robert Valdati Initiator 0 E ❑ 1 ❑ ❑ ❑ Defeated Vincent Bettina Voter ❑ j ❑ ❑ 0 ❑ Withdrawn Maureen McCarthy Seconder ❑ ❑ } 1 ❑ 0 Joseph Paoloni Voter 0 ❑ ❑ ❑ VI. Public Comment on the Agenda Items Supervisor opened the floor for public comment on the agenda items. There were no comments. The Supervisor then opened up the first discussion topic. VII. Discussions A. Old Troy Road Traffic Study - Graham Foster Supervisor Ruggiero opened the discussion at 8:38 PM and asked that Town Highway Superintendent, Graham Foster, begin with his report on Old Troy Road. The Town received a letter from a group of residents voicing concern about the speed and volume of traffic on Old Troy Road. Mr. Foster met with the group back around May of 2006. Old Troy Road is a one- way road with severe vertical banks on both sides and driveways having no sight distance. There is also much difficulty in "holding the road". Supervisor Ruggiero asked what Mr. Foster meant by "holding the road". Mr. Foster explained that he meant there is difficulty keeping the road from caving in. It is similar to what happened on Creek Road. Old Troy Road is an old dirt road that was paved over. It is approximately 12 feet wide. A County study that spanned a 48 hour period showed that the average traffic on that road is 500 cars per day. There were 982 cars that passed through over the 48 hour period. The bulk of the traffic happens between 6:30 AM and 9:00 AM. In the evenings, the most traffic occurs between 4:00 PM and 6:00 PM. Those drivers are using the road as a shortcut to and from the train station to avoid Route 9D. A brainstorming session with the residents was held to come up with solutions. One of the ideas to come out of the meeting was to put up a "No Left Turn" sign at the New Hamburg Road end of Old Troy Road. Another was to install a guide rail and shore up the banks. Graham went on to say that Wheeler Hill Road is the feeder and is not in much better shape. It is a sub -standard, old farm road that is riddled with severe vertical and horizontal curves. It is not meant to be a commuter road. At that time, Supervisor Ruggiero opened the floor to the residents. The first resident to address the Board was Marcy L. Wagman, of 50 Old Troy Road. She first pointed out that Mr. Foster has previously put up the speed trailers and those have made a significant difference. However, the traffic problem is constant. She does not want to change the road itself. Supervisor Ruggiero interjected to have Mr. Foster clarify his recommendation. If the "No Left Turn" sign was installed, drivers would not be able to turn towards the train station. This type of solution was also done on Vassar Road in the Town of Poughkeepsie. School busses and emergency vehicles would be exempt as usual. Supervisor Ruggiero asked if school busses actually used Old Troy Road. The residents replied that they did. Marian J. McEvoy, of 37 Old Troy Road, claimed that it wasn't just school busses that used the road. She said that heavy duty trucks used the road and sometimes at excessive speeds. Supervisor Ruggiero asked Mr. Paggi if there were certain design criteria dealing with maximum weights of vehicles that should be using Old Troy Road. Mr. Paggi replied that you would need to look at the geometry of the slope and the type of soil that is underlying the roadway. By doing that, you can define a line of where the soil will fail, along the shear line. This will determine the maximum load that the road can handle. Supervisor Ruggiero asked if the problems that Mr. Foster was bringing to the Board's attention could be attributed to these oversized trucks. Mr. Paggi replied that they definitely could. Mr. Valdati pointed out that he travels the road and agrees that the road is not designed to be a thoroughfare for residents that do not live there. It is for a means to get to and from the homes and to make deliveries. He sees no problem, as long as the residents are willing to adjust to the change as well, in implementing the "No Left Turn" sign. He followed up by saying that it must be enforced though. Helen Fuimarello, of 683 Wheeler Hill Road, was next to comment. She pointed out that there had been some serious accidents on Old Troy Road where cars went over the embankment. Town of Wappinger Page 5 Printed 10/13/2006 Town Board Meeting Minutes September 25, 2006 There are three houses that are within ten feet of the Road. Over the years, the roads are paved right up to the house. Mr. Foster replied that he did move the road away from the house. The next resident to speak was Margaret J. Atkins, of 83 Old Troy Road. She reinforced the problem topics such as the volume and speed of traffic. She asked to mention the possibility of another solution. Rather than prohibiting left turns at the end of Old Troy Road, she recommended prohibiting left turns at the beginning of Old Troy Road. The sign would be placed at the intersection of Wheeler Hill Road and Old Troy Road. Supervisor Ruggiero asked Al Roberts, Attorney to the Town, about the Town's authority to restrict traffic as in this situation. Mr. Roberts replied that he believes New Hamburg Road is a County road. Supervisor Ruggiero referred to a similar situation in which the Town restricted traffic turning from Myers Corners Road onto Blackthorn Loop. In that case, the Town did not need any permission from the County. Mr. Roberts answered that it depends on which direction the Town would intend on restricting. In the situation of prohibiting left turns at the intersection of Wheeler Hill Road and Old Troy Road, the Town would have the authority. Supervisor Ruggiero asked Mr. Paggi how long it would take to conduct the truck load study. Mr. Paggi replied that it would take about two months. Councilman Valdati made a motion to authorize the Town Engineer to conduct the necessary feasible studies concerning the intersection of Old Troy Road with Wheeler Hill road and the intersection of Old Troy Road with New Hamburg Road and also to look at the proposal restricting vehicles based on Gross Vehicle Weight. Councilman Valdati warned that the Town should consider the effect that making these changes will have on traffic that would now have to continue along Wheeler Hill Road to New Hamburg Road. Councilman Bettina seconded the motion. Councilwoman McCarthy asked Mr. Roberts to clarify which intersection the town would be authorized to restrict. Mr. Roberts explained that the senior municipality has the authority over an intersection. Both Wheeler Hill Road and Old Troy Road are Town roads. The Town would have the authority to restrict traffic at that intersection. The suggestion to restrict traffic at the Old Troy intersection with New Hamburg Road would need cooperation with the County. Mr. Roberts is also concerned about the limitations in regards to restricting the types of traffic that could travel on Old Troy Road. The motion made by Councilman Valdati was still on the table at that time. Supervisor Ruggiero called for a vote. The vote was unanimous and the motion passed. Discussion , followed and Supervisor Ruggiero summarized the situation. The discussion was closed at 8:58 1. Motion To: authorize the Town Engineer to conduct study RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Valdati, Councilman SECONDER: Vincent Bettina, Councilman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati B. Common Driveways - David Stolman Supervisor Ruggiero opened the discussion at 8:58 PM. David Stolman was in attendance for the discussion and began by explaining, in conjunction with Al Roberts, the background of this topic. Mr. Stolman and Mr. Roberts explained that the Town has taken the position that the Common Driveways Local Law was adopted correctly but there was no sketch attached. The text of the Local Law is in effect and the Planning Board has used the Local Law at least three times so far. At the point in time when the Local Law was adopted, a specific width of a common driveway was included to be 18 feet. In using these provisions, the Planning Board has found that it could use some latitude in terms of the width of a common driveway, based upon certain circumstances that are now enumerated in the proposed provisions. Councilman Bettina asked for clarification on the fact that the contractor would have the ability to go to 14 feet. Mr. Stolman proceeded to read the text of the double -underlined version of the Local Law that he had printed for the Board. He then informed the Board of the text that has been decided should be in the Local Law. Councilman Bettina interjected. He informed Mr. Stolman that there was a meeting with Dutchess County and they wanted to reduce the highways to 20 feet. The Town's highway standard is currently 24 feet. Now the Town wants to do 18 feet for driveways. Mr. Bettina stated that he does not have a problem with 14 feet. He thinks it should be 14 feet standard - not 18 feet with the latitude to go with 14 feet. Councilman Paoloni asked what a normal driveway is. Mr. Paggi replied that it was 12 feet. Mr. Foster commented that when the Town first started discussing this topic, the width of 18 feet was in mind to be able to have two cars passing safely. If there are three homes on this common driveway, you could have 10 to 12 cars for three homes. You would not be able to pass on 14 feet. There is no provision to have a shoulder on the road. There would be topsoil and seed on both sides. The Planning Boards has used this Law three times, but there are none in Town of Wappinger Page 6 Printed 10/13/2006 Town Board Meeting Minutes September 25, 2006 existence, at this point, on new subdivisions. Councilman Bettina replied that several of the wealthier municipalities in Westchester County have 14 foot wide driveways. Councilman Paoloni asked if durability was an issue. Mr. Foster and Mr. Paggi answered the Councilman's question. Mr. Foster stated that, aside from durability, there could also be a problem if a fire truck was on the driveway and a second fire truck couldn't get in. Mr. Paggi stated that the existing code calls for all driveways to withstand axle load of 30 tons. Councilman Paoloni asked if that were a repetitive requirement. Mr. Paggi clarified that it were a one-time requirement. Supervisor Ruggiero then pointed out that other Towns may not have such strict standards regarding widths and weights. Discussion followed. Supervisor Ruggiero recommended that the Law should say that the standard width be 14 feet with a latitude to require up to 18 feet. Councilman Bettina agreed. Mr. Paggi and Mr. Stolman replied that either way would be fine. In either case, the Town would be requiring what is appropriate. Planning Board Chairman, Phil DiNonno, notified the Board that there was in fact a difference in the wording of the Law. He explained that it is typically easier for the Planning Board to decrease the required width. If the standard were 14 feet, all plans would be submitted at 14 feet and it would be difficult to show that the applicant has to construct a wider driveway. If the standard were 18, it would be easier to allow narrower driveways. Discussion followed. Councilman Valdati made a motion to table the discussion topic. The motion was seconded my Councilman Paoloni. After a unanimous vote, the discussion was closed at 9:20 PM. C. New Hackensack Line Relocation Revised - Jay Paggi Supervisor Ruggiero opened the discussion at 9:21 PM. Mr. Paggi began with providing background on the issue. In the summer of 2004, it was discovered by CAMO Pollution Control that there was a leak in a service connection that ran off of Cindy Lane towards New Hackensack Road. That connection fed three homes in the area and was a common service, which was not proper. Mr. Paggi's office presented a Map, Plan, and Report to the Board in December of 2005 to remove the connection off Cindy Lane, extend the main 300 feet down New Hackensack Road, and construct new service connections. When Mr. Paggi's office completed the design, they gave it to Dutchess County Department of Public Works and CAMO Pollution Control to review. CAMO Pollution Control came back with a comment that 300 feet west of the location that Mr. Paggi proposed to end the line was the Wildwood Sewer Plant. In that 300 feet section are also three existing homes that are in the North Wappinger District that presently do not have service off the lines. CAMO Pollution Control recommended that the Town extend the line 300 feet to serve those three residents that are in the district. Dutchess County Department of Public Works looked at the suggestion and approved it. More recently, a bill that was before the State Legislature and the Governor's Office was passed by the Legislature and signed by the Governor. The bill permitted the creation of the United Wappinger Water District. When the Map, Plan, and Report was done in 2005, the cost of the first project was estimated to be $200,000. When the cost is amortized over the North Wappinger Water District, the cost to each resident would have been $28.00. If that cost were amortized over the United Wappinger Water District, the cost per resident would be reduced to $3.00. A preliminary cost estimate on the expanded project is $535,000. That cost, over the North Wappinger Water District, would be approximately $77.00 per benefit unit. Spread over the United Wappinger Water District, the cost per resident would be approximately $8.00. The recommendation of Mr. Paggi is to extend the water main the additional 400 feet or so to serve the three existing homes and the Wildwood Sewer Plant, which needs a potable water source. The first step for the Town would be to prepare a revised Map, Plan, and Report to reflect the new project cost and to show that the new costs would be amortized across the United Wappinger Water District. Councilman Bettina asked if the water district were being expanded. Mr. Paggi replied that it would not be. Councilwoman McCarthy asked if the $77.00 figure was in addition to the $28.00 amount. Mr. Paggi replied that it wasn't and went over the figures again. Supervisor Ruggiero asked if there were any other questions. There were none. At that time, Councilwoman McCarthy made a motion to authorize the Town Engineer to prepare a revised Map, Plan, and Report. Councilman Valdati seconded the motion. The motion passed unanimously. The discussion was then closed at 9:26 PM. Town of Wappinger Page 7 Printed 10/13/2006 Town Board Meeting Minutes September 25, 2006 VIII. Resolutions RESOLUTION: 2006-209 Resolution Adopting Local Law No. of the Year 2006, Creating Chapter 150 of the Town Code Establishing a Coordinated Assessment Program Between the Town of Wappinger and the Town of Fishkill WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2006, Creating Chapter 150 of the Town Code Establishing a Coordinated Assessment Program between the Town of Wappinger and the Town of Fishkill"; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal; and WHEREAS, the Public Hearing was held on September 25th, 2006, 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; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No._ of the Year 2006 entitled "Local Law No. of the Year 2006, Creating Chapter 150 of the Town Code Establishing a Coordinated Assessment Program Between the Town of Wappinger and the Town of Fishkill", a copy of which is attached hereto and made part of this Resolution. 3. This Local Law shall take effect upon confirmation that the Town of Fishkill has adopted a Local Law in substantially the same form as adopted herein. 4. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and to enter same in 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 the State of New York, to the Secretary of the State Board of Real Property Services and to the Town Board of the Town of Fishkill: The foregoing was put to a vote which resulted as follows: V6 ii hiord-ResolationRE5-2006-209' ® Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ® ❑ ❑ ❑ d Valdtiati - ® - �. ❑ ❑ - ❑ co ❑ Tabled Vincent Seconderoter 0 ❑ ❑ ❑ ❑ Withdrawn _Maureen Mccarthy Initiator —� ® �� ❑ ❑ _❑�� ❑ Joseph Paoloni Voter�� 0 ❑ Dated: Wappingers Falls, New York September 25th, 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 8 Printed 10/13/2006 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. UQUOa* of WapPA11mr----------------------------------------------------------------- ---- Town Imw 8 ----------of the year 20.06-_ Local Law No. --=-------- -------------- entitled "Local Law No. 8_of the _Year _200Es__Cr-eatirt&-Chapter--l-5.0- (insert ride) of the Town Code Establishing a Coordinated Assessment_PrQgrAm____ -------------------------------------------------- between the Town of Wappinger and the Town of Fishkill _________________ -------------------------------------------------------- Be it enacted by the -----------------'-- Town Board ------------------------------------------------- of the ----- -----(Name giegislwive Bods) . W Wappinger------------------------ ------------------------- as follows: Town--------------------- TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) �l) DOS `39 (Rev. 11/99) ni LOCAL LAW NO. 8 OF THE YEAR 2006 A Local Law entitled "Local Law No. 8 of the Year 2006, Creating Chapter 150 of the Town Code Establishing a Coordinated Assessment Program Between the Town of Wappinger and the Town of Fishkill". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title. This Local Law shall be known and cited as Town of Wappinger Local Law No. 8 of 2006 entitled "Local Law No. 8 of the Year 2006, Creating Chapter 150 of the Town Code Establishing a Coordinated Assessment Program Between the Town of Wappinger and the Town of Fishkill". This Local Law is enacted pursuant to Sections 576 and 579 of the Real Property Tax Law of the State of New York. Section II: Creation of Chapter 150: "Coordinated Assessment Program". Chapter 150 of the Town Code of the Town of Wappinger is hereby adopted to read as follows: "CHAPTER 150, ARTICLE 1 COORDINATED ASSESSMENT PROGRAM §150-1. Purpose. From and after the adoption and effective date of this Local Law, the Town of Wappinger, together with the Town of Fishkill, shall establish a Coordinated Assessment Program (CAP) and approve and jointly enter into a Municipal Cooperative Agreement between said Towns pursuant to Sections 576 and 579 of the Real Property Tax Law and Article 5-G of the General Municipal Law. Said Agreement is the type described in C:\Documents and Settings\Chris Masterson\Desktop\Sandra - Al Roberts emails\Coordinated Assessor Agreement\Local Law.doc Final — September 7, 2006 Section 579 (2) (b) of the Real Property Tax Law as "Coordinated Assessment Programs without direct County involvement". §150-2. Agreement for Coordinated Assessment Program. A. The Supervisor of the Town of Wappinger is hereby empowered to enter into an Agreement with the Town of Fishkill pursuant to Sections 576 and 579 of the Real property Tax Law providing that one Assessor shall be appointed to hold the office of Assessor in all the participating assessing units in the Coordinated Assessment Program. B. Such Cooperative Assessment Agreement shall provide for the joint conduct of interviews of persons seeking the office of Assessor, and that the appointment of the Assessor must be approved by a majority of each participating assessing unit's Town Boards. C. Upon the expiration of the term of the appointed Assessor, or in the event the Assessor so appointed resigns or is otherwise unable to remain in office, one individual shall be appointed to succeed him or her. §150-3. Uniform Assessment. A. Effective with the first assessment roll produced pursuant to the Coordinated Assessment Program (CAP), all real property shall be assessed at the same uniform percentage of value in each assessing unit participating in the Coordinated Assessment Program throughout the term of this Cooperative Assessment Agreement. 2 O:\Wappinger\Town Board\LOCAL LAWUoint Assessor\Local Law - Coordinated Assessment Program.doc Final — September 7, 2006 r B. The date applicable to the assessment process in each Town, including taxable status date, and the date for the fling of the tentative and final assessment rolls, shall be the same for each Town." Section -III Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section -IV Effective Date. This Local Law shall take effect immediately upon filing of the Local Law with the Secretary of State and the Secretary to the State Board of Real Property Services. 3 O:\Wappinger\Town Board\LOCAL LAWVoint Assessor\Local Law - Coordinated Assessment Program.doc Final — September 7, 2006 a (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. ---------8 ------------------------ of 20-06-- of 0 06__of the P()(Town)(Vt] of Wappinger------------------------------------------------- was duly passed by the _ Town -Bo.arl ---------------------------- oIM tember_-252046-, in accordance with the applicable provisions of law. (Name ofLegidarive Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of=--------------------------------------------------------------- was duly passed by the ----------------------------------------------- on ------------------ 20 --- , and was (approved)(not approved)(repassed after (Name ofLegislatEve Body) disapproval) by the ------------------------------------------- (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) and was deemed duly adopted on ------------------ 20----, I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of ------ --------- -------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name ofLegisladve Body) disapproval) by the ----------- ---------------------- on------------------- 20---- . Such local law was submitted (Elective Chief Executive Officer') to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on ------------------ 24--- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20------ of the (County)(City)(Town)(Village) of-----------------------=---------------------------------------- was duly passed by the on ____________------ 20---- , and was (approved)(not approved)(repassed after (Name of Legislative Body) , disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to (Elective Chief Executive Officer') permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 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 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) D LTJ 7 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed heeto, 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. �1 (Seal) Clerk o County legisla&W body, City, Town or Village Clerk or offs designated by local legislative body JOHN C. MASTERSON, TOWN CLERK Date: September 26th, 2006 (Certification to be executed by County Attorney, Corporation Counsel, Tbwn Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF DUTCHESS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of th Albert P. Roberts, Attorney Title Of , Wappinglir Town Date: (3) Town Board Meeting Minutes September 25, 2006 RESOLUTION: 2006-210 Resolution Adopting Local Law No. of the Year 2006, Changing Grievance Day to the First Thursday Following the Fourth Tuesday of May WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2006, Changing Grievance Day to the First Thursday Following the Fourth Tuesday of May"; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal; and WHEREAS, the Public Hearing was held on September , 2006, 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 interests of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No._ of the Year 2006 entitled "Local Law No. of the Year 2006, Changing Grievance Day to the First Thursday Following the Fourth Tuesday of May", a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and to enter same in 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 the State of New York and the Secretary of the State Board of Real Property Services. The foregoing was put to a vote which resulted as follows: 4 ee0ri! ^ I a6wtlon RES 2006-210 Yes/Aye No/Nay Abstain bsen At ® Adopted Joseph Ruggiero Voter ® ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter EI ❑ ❑ ❑ ❑ Defeated Vincent Bettina Seconder ® ❑ ❑ ❑ ❑ Tabled 13 Maureen McCarthy Initiator 0 ❑ ❑ ❑ Withdrawn Joseph Paoloni Voter El ❑ ❑ ❑ Dated: Wappingers Falls, New York September 25th, 2006 The Resolution is hereby duly declared adopted. T_ Town of Wappinger Page 9 Printed 1011312006 Ll 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. XWW 3X ofWa�pinper------------------------------------------- Town------------------------------- map Local Law No.__9 ------------------------------- of the year 20.06__ Alocal law entitled "Local Law No.__9 of the_Year 2006, ghMging_Griev_ance Day_ (lescn Title) to _the First Thursday Following_ -the-- Fouj:t_h_ jVg$_d_4y__Qf _Ma_y"------------- Be it enacted by the-----Town--------Board ----------- --------------------------------------------------------------- -- of the (Name ofLegisla&e Body) CXQW XWappinger Townof------------------------------------------------------------------------------------------ as follows:VUW TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages /the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) `lll LOCAL LAW NO.9 OF THE YEAR 2006 A Local Law entitled "Local Law No. 9 of the Year 2006, Changing Grievance Day to the First Thursday Following the Fourth Tuesday of May". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title. This Local Law shall be known and cited as Town of Wappinger Local Law No. 9 of 2006 entitled "Local Law No. 9 of the Year 2006, Creating Chapter 150, Article 2 of the Town Code, Grievance Day". This Local Law hereby establishes and creates Chapter 150, Article 2 "Grievance Day" of the Code of the Town of Wappinger. Section II: Creation of Chapter 150, Article 2: "Grievance Day". Chapter 150 of the Town Code of the Town of Wappinger is hereby established and adopted to read as follows: "CHAPTER 150, ARTICLE 2 GRIEVANCE DAY §1504. Legislative Intent and Purpose. The Town Board has agreed to enter into a Coordinated Assessment Program with the Town of Fishkill pursuant to Section 579 of the Real Property Tax Law and Article 5-G of the General Municipal Law. The Coordinated Assessment Program with the Town of Fishkill will result in both municipalities having one Assessor who will perform the assessing functions of both Towns. Pursuant to Section 512 of the Real Property Tax Law, the governing body of an assessing unit which employs an assessor who is also at the same time employed by another assessing unit may adopt a Local Law establishing a date for the meetings of the Board of CADocuments and Settings\Chris Masterson\Desktop\Sandra - Al Roberts emails\Grievance Day LL\Local Law.doc Final — September 7, 2006 Assessment Review other than the fourth Tuesday in May of each year. It is the intention of the Town Board to adopt a Local Law changing the date the Board of Assessment Review shall meet to hear complaints in relation to assessments to the first Thursday following the fourth Tuesday in May. §150-5. Grievance Day. §150-6. Pursuant to the authority set forth in Section 512 of the Real Property Tax Law, the Town Board hereby establishes the date for meetings of the Board of Assessment Review as the first Thursday following the fourth Tuesday of May in each year, as the date such Board shall meet to hear complaints in relation to assessments. The Town Clerk is directed to file a copy of this Local Law with the State Board as required by law within five (5) days after its effective date." Section III. Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or 2 CADocuments and Settings\Chris Masterson\Desktop\Sandra - Al Roberts emails\Grievance Day LL\Local Law.doc Final — September 7, 2006 circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section IV. Effective Date. This Local Law shall become effective upon confirmation that both the Town of Wappinger and the Town of Fishkill have each enacted a Local Law authorizing the Towns to participate in a Coordinated Assessment Program pursuant to Section 579 of the Real Property Tax Law and Article 5-G of the General Municipal Law and after execution by both municipalities entering into a Coordinated Assessment Agreement. The Town Clerk is directed to file a copy of this Local Law with the State Board as required by law within five (5) days after its effective date. Upon confirmation of the aforementioned actions, the Town Clerk is directed to file a copy of this Local Law with the Secretary of State as provided by law. 3 C:\Documents and Settings\Chris Masterson\Desktop\Sandra - Al Roberts emails\Grievance Day LL\Local Law.doc Final — September 7, 2006 (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 20.06 of the (CA )(BiX}X)(Town)( RMF of -WAF-r-r------------------------------------------------- was duly passed by the ------- Town -Board _______________________ onSeptember 25 20 06, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of_________________________________________________________________ was duly passed by the ----------------------------------------- --- , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the ----------------------------------------- - and was deemed duly adopted on 20--- (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20 ------ of the (County)(City)(Town)(Village) of_________________________________________________________________ was duly passed by the ----------------------------------------=---------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the _________________________________________________ on ------------------- 20----. Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (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 --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the__________________________________________________ on ------------------ 20 --- . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 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 20 ------ of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the County of ---------------------------------------------------- State of New York, having been submitted to the electors at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph------ 1----, above. I___1 _ , (Seal) Clerk ofi County legislativ"ody, City, Town or Village Clerk or off esignated by local legislative body Date: September 26th, 2006 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of thi Albert P. Roberts, Attorney Title QM14 of Wappinger Town XMW Date:I'Zglo (3) Town Board Meeting Minutes September 25, 2006 RESOLUTION: 2006-211 Resolution Adopting Local Law No. of the Year 2006, Creating Chapter 85 of the Town Code, Uniform and Energy Codes, Repealing Chapter 24 of the Town Code and Amending Section 122-20 (B) of the Town of Wappinger Code WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2006, Creating Chapter 85 of the Town Code, Uniform and Energy Codes, repealing Chapter 24 of the Town Code and amending Section 122-20 (B) of the Town of Wappinger Code"; and WHEREAS, the Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town and the Poughkeepsie Journal; and WHEREAS, the Public Hearing was held on August 28th, 2006, 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; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts Local Law No. of the Year 2006 entitled "Local Law No. of the Year 2006, Creating Chapter 85 of the Town Code, Uniform and Energy Codes, repealing Chapter 24 of the Town Code and amending Section 122-20 (B) of the Town of Wappinger Code", a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and to 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: ✓ VoteReeord - Resolkl6n IBES' -2006-211 0 Ves/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter. 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter El ❑ 1 ❑ ❑ feated ❑ Tabled Vincent Bettina Initiator ® ❑ ❑ ❑ ❑ Withdrawn Maureen_M CCarth _. Y _ Voter_ ® _.. _ ;----__.. ❑ .�__. t ❑ ❑ Jose h Paoloni Seconder ® ❑ ❑ ❑ Dated: Wappingers Falls, New York September 25th, 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 10 Printed 10/13/2006 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. a"Aw Xof ------------------------------------------------------------------------ Town Local Law No. ----IQ ----------------------------- of the year 20-0-6-- A local law entitle -d --"-Local- No. 10 of the Year -- 2006- , --Creati--ng__Chapter__85__of -----------------------------------. --------------- (Insert Tide) the Town Code, Uniform and Energy Codes, Repealing Chapter 24 of ----------------------------------------------------- the Town Code and amending Section 122-20(B) of the Town of ------------------------------------------------------------------------- - - - Wappinger Code". ------------------------------------------------------------------------------------------------------- Town Board ------------------ of the Be It enacted by the -- - -- - ----------- - --- --- -- --------- ---------------- (NameoJlegitlaiiveBody) �hSii41iiY11 of ----- Wappinger----------------------------------------------------------------------- as follows: Towydfim n TEXT COMMENCES ON NEXT PAGE (If additional space is needed,:attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) (1) T'T �1 LOCAL LAW NO. 10 OF THE YEAR 2006 A Local Law entitled "Local Law No. 10 of the Year 2006, Creating Chapter 85 of the Town Code, Uniform and Energy Codes, repealing Chapter 24 of the Town Code and amending Section 122-20 (B) of the Town of Wappinger Code". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section -I: Title This Local Law shall be known and cited as Town of Wappinger Local Law No. 10 of 2006 entitled "Local Law No. 10 of the Year 2006, Creating Chapter 85 of the Town Code, Uniform and Energy Codes, repealing Chapter 24 of the Town Code". This Local Law No. 10 of the Year 2006 hereby establishes and creates Chapter 85 "Uniform and Energy Codes" of the Code of the Town of Wappinger, and amends Section 122-20 (B) of the Town of Wappinger Code. Section -II: Creation of Chapter 85: "UNIFORM AND ENERGY CODE" Chapter 85 of the Town Code of the Town of Wappinger is hereby adopted to read as follows: _ "CHAPTER 85 UNIFORM AND ENERGY CODE § 85-1: LEGISLATIVE INTENT AND PURPOSE. (A) This Local Law shall confirm and provide for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code, found at Title 19 NYCRR Chapter XXXIII, Subchapter A (hereinafter referred to as "Uniform Code") and NYS Energy Conservation Construction Code found at Title 19 NYCRR Chapter XXXIII, Subchapter B (hereinafter referred to as "Energy Code") in the Town of Wappinger pursuant to Executive Law §§381 and 382-a. This Local Law is adopted pursuant to Section 10 of Article 2 of the Municipal Home Rule Law and incorporates the minimum features of a program for administration and enforcement of the Uniform Code as required by 19 NYCRR 1203.3. C:\Documents and Settings\Chris Masterson\Desktop\Sandra - Al Roberts emails\Uniform\Uniform Code Local Law Final Version Create Chap 85.doc Last Saved: 9/26/2006 20:03 (B) Except as otherwise provided within this law, State law, or within the Uniform Code and/or Energy Code, all premises regardless of use, are subject to the provisions which follow. (C) The Town Board of the Town of Wappinger acknowledges that there have been several amendments to the Uniform Code and Energy Code since the Town's adoption of the ordinance for administering and enforcing the State Building Code and the adoption of Chapter 24 of the Code of the Town of Wappinger entitled "FIRE PREVENTION BUREAU". The Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to adopt a Local law to ensure the proper administration and enforcement of the Uniform Code and the Energy Code. (D)It is also the intention of the Town Board to supersede and repeal Chapter 24 of the Code of the Town of Wappinger entitled "FIRE PREVENTION BUREAU" as well as the Ordinance for Administering and Enforcing the State Building Code originally adopted May 12, 1960, and amended from time to time thereafter, and to incorporate the pertinent provisions thereof into this Chapter. (E) This Local Law is intended to implement and confirm the provisions of the Uniform Code and Energy Code in their entirety, set forth in Title 19 of the New York Code, Rules and Regulations, Chapter XXXHI, Subchapters A and B and as hereafter amended from time to time. (F) The Town Board also recognizes that by adopting Chapter 85 herein, it must also amend Chapter 22 §122-20 B. of the Town Code, which Section establishes fines for violations of the Town. Code. The amendments to § 122-20 B. establishes the fines for violations of this Chapter 85. § 85-2: INTERMUNICIPAL CONTRACTS. (A)The Town Board may, by Resolution, authorize the Supervisor to enter into a contract with other local governments to carry out the provisions of this Local Law. § 85-3: ADOPTION OF THE NYS UNIFORM FIRE PREVENTION AND BUILDING CODE AND NYS ENERGY CONSERVATION CONSTRUCTION CODE. (A)Pursuant to the authority set forth in the New York State Executive Law §§381 and 382-a, the Town of Wappinger hereby adopts and implements the amendments and definitions contained in the Uniform Code and Energy Conservation Construction Code, which shall supersede and replace all prior Town ordinances and local laws relating to the administration and enforcement of all building, construction, and fire prevention codes and/or ordinances adopted prior to the adoption of this local law. For the purposes of this Local Law, the Uniform Code shall be deemed to include the New York State Building Code, Fire Code, Residential Code, Property Maintenance Code, Mechanical Code, Plumbing Code and Fuel Gas Code. N § 85-4: ENFORCEMENT OFFICERS, DUTIES AND POWERS. (A) For the purposes of this Local Law, "Enforcement Officers" shall mean the Zoning Administrator, Director of Code Enforcement, Fire Inspector and Code Enforcement Officers. (B) All Enforcement Officers shall possess background experience related to building construction and/or fire prevention and shall, within the time constraints proscribed by law, obtain such training as the State of New York shall require for Enforcement Officers. (C) In the absence of Enforcement Officer(s), or in the case of their inability to act for any reason, the Town Supervisor shall have the power, with the consent of the Town Board, to designate a qualified person(s) to act in behalf of the Enforcement Officer(s) and to exercise all the powers conferred upon the Enforcement Officer(s) by this Local Law. (D) All Enforcement Officers are hereby authorized and granted such powers necessary to administer and enforce all of the provisions of the Uniform Code, Energy Code and the provisions of this Local Law, including the authority and power to receive and review for compliance Building Permit applications, plans and specifications for buildings and structures, conduct inspections pursuant to building and structure site plans, issue permits for the erection, alteration, relocation, addition, repair and/or demolition of buildings and structures, issue Certificates of Occupancy and for Certificate of Compliance, collect fees as set forth by the Town Board and maintain and file all records necessary for the proper administration and enforcement of the Uniform Code, Energy Code and this Local Law. All Enforcement Officers are authorized to pursue administrative actions and, when necessary, consult with the Town Attorney to commence legal action as necessary to abate conditions not in compliance with the New York State Uniform Fire Prevention and Building Code, New York State Energy Conservation Construction Code, this Local Law, or other laws, rules and regulations of the Town of Wappinger or of the State of New York. § 85-5: BUILDING PERMIT. (A) Building Permits Required: (1) Except as hereinafter provided, no person, firm or corporation, association or partnership shall commence the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, or install a solid fuel burning heating appliance, chimney or flue in any dwelling unit, without first having obtained a Building Permit. (2) In non-residential districts, whenever there is a change in occupant of a building or site, the new occupant must apply for a Change of Occupancy Permit and receive a Certificate of Occupancy approving the change in occupancy. (3) No building permit shall be required for: 3 (a) necessary repairs which do not materially affect features; (b) alterations to existing buildings, provided that the alterations: (i) do not affect structural features; (ii) do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits; (iii) do not involve the installation, alteration or extension of electrical systems or fire alarm systems; or (iv) do not include the installation of fuel burning heating appliances and associated chimneys and flues. (c) a nonresidential farm building or structure used solely for agricultural purposes. (B) Application for a permit. (1) The application for a Building Permit shall be accompanied by sufficient documentation and shall contain sufficient information to permit a determination that the intended work complies with the requirements of the Uniform Code and Energy Code. (2) The form of the permit and application shall be prescribed by the Enforcement Officer. The application shall be signed by the owner (or his authorized agent) of the property and shall contain at least the following: (a) full name and address of the owner and if by a corporation, the name and address of the responsible officials; (b) identification and/or description of the land on which the work is to be done; (c) description of use or occupancy of the land and existing or proposed building; (d) description of the proposed work; (e) two sets of plans and specifications for the proposed work; (f) the required fee; (g) consent of the property owner(s) to authorize required and/or necessary inspections by the Enforcement Officers or their designees, including those inspections prior to issuance of a Building Permit or any inspections deemed necessary after issuance of a Temporary Certificate of Occupancy. (3) The Enforcement Officer may waive the requirement of plans and specifications when the work to be done involves minor alterations or is otherwise unnecessary. (4) Applicant shall notify the Enforcement Officer of any changes in the information contained in the application during the period for which the permit is in effect. A Building Permit will be issued when the application has been determined to be complete and when the proposed work has been determined to conform to the 4 requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Enforcement Officer and approval shall be received from the Enforcement Officer prior to the commencement of such change of work. (C) General Requirements. (1) A Building Permit issued pursuant to this Local Law shall be prominently displayed on the property or premises to which it pertains. (2) A Building Permit issued pursuant to this Local Law may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code, Energy Code or any other Code, Rule or Regulation of the Town of Wappinger pertaining to the construction or alteration of any buildings, or with any condition attached to such permit, or of there has been any misrepresentation or falsification of material fact in connection with the application for the permit. (3) A Building Permit issued pursuant to this Local Law shall expire one (1) year from the date of issuance or upon the issuance of a Certificate of Occupancy (other than a Temporary Certificate of Occupancy), whichever occurs first. The Building Permit may, upon written request, be renewed for two successive six- month periods, at the discretion of the Enforcement Officer, and upon demonstration of good cause provided that: (a) the permit has not been revoked or suspended at the time the application for renewal is made; and (b) the relevant information in the application is current. (4) Any Enforcement Officer, upon showing of proper credentials and in the discharge of his duties pursuant to this Chapter, may enter upon any building structure, or premises at any reasonable hour for the purposes of enforcing this Chapter, and no person shall interfere with or prevent such entry. § 85-6: FIRE PREVENTION BUREAU. (A) The Town Board hereby confirms the creation of a Bureau of Fire Prevention, hereinafter referred to as the "Bureau", originally created on May 9, 1983 to assist in the implementation and administration of the Uniform Code and the Energy Code within the Town of Wappinger. The Bureau shall consist of eight (8) members. Two (2) members from each of the Fire Districts in the Town of Wappinger plus the Town Director of Code Enforcement, or his designee, and the Town Fire Inspector, or his designee. The members from each of the Fire Districts shall be active firefighters who shall be designated by their respective District Board of Fire Commissioners and approved by the Town Board of the 5 Town of Wappinger. The term of office of each Fire District member shall be two (2) years. Any vacancy shall be filled for the balance of the term. (B) Duties and Powers of the Bureau and/or Fire Inspector. (1) The Bureau of Fire Prevention shall recommend, and the Fire Inspector shall designate any areas of, on or near any interior street, roadway or driveway in which any obstruction due to the parking or placing therein of any automobile, truck, motor vehicle or any other physical object or material will cause interference with the ingress and egress of fire -fighting equipment, or which will create a condition dangerous to life or property in the event of fire. Such areas shall thereupon be marked with standard police signs and/or such other markings deemed necessary and proper by the Bureau, indicating that said area is a restricted fire zone. The parking of any automobile, truck, motor vehicle or any other physical object or material within any such restricted fire zone is hereby expressly prohibited. Said signs and markings shall be installed by and at the expense of the owner of the property, and upon his failure to do so, he shall be guilty of a violation of this Local Law and shall be subject to the enforcement provisions thereof. (2) Notwithstanding and not in limitation of any provision hereof, no automobile, truck or other motor vehicle, and no physical object or material of any nature, shall be parked, placed or permitted to remain for any length of time whatever within fifteen (15) feet of any fire hydrant or standpipe located at, on or near any interior street, roadway or driveway within any premises classified under the zoning ordinance as multiple residence. (3) The Town Board, in consultation with the Bureau, or the Bureau in its own discretion, shall insure that inspection of all hydrants installed within the Town of Wappinger, privately or publicly owned, and that all fire hydrants within the Town shall be subject to periodic testing. All hydrants shall be maintained in an operable condition and shall meet minimum ISO fire flow standards for residences and they shall be clearly marked in all weather and kept accessible for Fire Department use by the owners. (4) The following shall be subject to review and approval by the Bureau when not in conflict with applicable New York State, Dutchess County or Town of Wappinger law: (a) the minimum acceptable width of roads used as access or egress to apartments, commercial or general business buildings or shopping area complexes; (b) hydrant locations in apartments, commercial or general business buildings or shopping area complexes; 0 (c) access to the hydrants and availability of fire lanes to and adjacent to apartments, commercial or general business buildings or shopping area complexes; (d) smoking in places of public assembly; (e) allowable occupancy in places of public assembly. (5) Except for one or two family residential construction, the Fire Inspector shall issue written Confirmation of Compliance with the Uniform Code and local Codes pertaining to fire prevention, before issuance of a Building Permit. (C) Compliance Required. (1) A person owning,_ operating, occupying or maintaining property or premises subject to the provisions of the Uniform Code or the Energy Code or this Chapter shall comply with the provisions thereof, this Chapter, and all orders, notices, rules, regulations or determinations issued by an Enforcement Officer in connection therewith. (2) Whenever an Enforcement Officer determines that there has been a violation of the Uniform Code, the Energy Code, or this Chapter, or any orders, notices, rules, regulations or determinations issued by an Enforcement Officer in connection therewith, he shall have the power to issue an Order to Remedy Violation to direct the necessary work to remediate the condition(s) in violation of the Uniform Code and/or the Energy Code, or other provisions of the Town Code relating to property use and/or to issue Appearance Tickets for violations thereof pursuant to § 85-14 below. (3) Appearance Tickets shall be served in accordance with CPL §150.40(2) or CPLR §308. Orders to Remedy Violation shall be served by personal service, by mailing by certified mail return receipt requested, or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postage -paid wrapper addressed to the person responsible. (4) In the event that the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the Order to Remedy Violation, the owner shall be subject to the penalties prescribed in § 85-14 of this Chapter and in Section 122-20 (B). (5) Whenever an Enforcement Officer determines that a violation exists which in his/her opinion requires immediate action to abate an immediate hazard and imminent danger to the health, safety, or welfare of the occupants of a building, structure or site or of the general public, he/she may, without prior notice or hearing, issue an Order citing the violation and directing such action be taken as is necessary to immediately remove or abate the hazard or danger. Notwithstanding 7 any of the provisions of this Chapter, Orders will be effective immediately upon service as specified in paragraph (3) of this sub -section above and such person must immediately comply with said Order. (D) Liability. (1) The Town of Wappinger assumes no responsibility or liability for the failure of any Code Enforcement Officer to make any inspections otherwise required by this Chapter. (2) The Town of Wappinger assumes no responsibility or liability of its agents, servants or employees, including any Enforcement Officer, for any damages that may occur as a result of an improper or negligent inspection or the issuance of any permit issued pursuant to the provisions of this Chapter. § 85-7: FEES. A fee schedule shall be established, and may be changed as determined, by the Town Board. Fees may be charged for the issuance of Building Permits, operating permits, Certificates of Occupancy and for Fire Safety Inspections. The fee schedule is set forth in Charter 122, Article V, Section 122-16 of the Town Code. § 85-8: CERTIFICATE OF OCCUPANCY. (A)Any building which is subject to the New York State Uniform Code and Energy Code shall not be used or occupied, except to the extent authorized hereunder, until a Certificate of Occupancy has been issued by the Enforcement Officer. (B) No change shall be made in the nature of the occupancy of an existing building unless a Certificate of Occupancy authorizing the change has been issued. The owner or his agent shall apply for a Building Permit to ensure that a proper Certificate of Occupancy may be issued. (C) Whenever there is a change in occupant in a non-residential structure, or portion thereof, the proposed new occupant, or his agent, must make application for and receive a Building Permit and Certificate of Occupancy for such change in occupant. (D)A Certificate of Occupancy may be issued only if the use, building or structure or a designated portion of a building or structure is sufficiently complete and all required site improvements have been made so that the premises may be safely used for which it is intended, except as set forth in §85-9. E:3 �T� § 85-9: ESCROW ACCOUNT FOR INCOMPLETE NONSTRUCTURAL IMPROVEMENTS. (A) A Certificate of Occupancy for any structure or use may be issued only upon full compliance with the provisions of this Chapter and any other provisions of the Town Code relating to property use. (1) Notwithstanding the foregoing, in the case of a single-family residential structure and/or accessory building, a Certificate of Occupancy may be issued if the incomplete work is landscaping, ground stabilization, lawn seeding or blacktop driveway apron improvements are non -safety related. (2) In non-residential structures or site uses, a Certificate of Occupancy may be issued if the only incomplete work is landscaping and weather conditions do not permit the proper planting of vegetation. All other items to be completed, including, but not limited to, paving, curbing, sidewalks, lighting, grading, drainage or other improvements shall not be subject to escrow provisions. For the purposes of this Section, "landscaping" shall mean seeding and shrubbery. (B) In those cases where a Certificate of Occupancy has been issued pursuant to § 85-9(A)(1) and (2) above, the owner, or the owner's agent shall establish an escrow account for the purposes of ensuring that the incomplete work will be completed in a timely fashion and the issuance of the Certificate of Occupancy will be conditioned on all of the following: (1) The property owner, contractor or developer seeking the Certificate of Occupancy must post a cash or certified check deposit with the Town of Wappinger to be held in escrow, in an amount equal to 200% of the cost required to complete the improvements necessary to obtain the Certificate of Occupancy. As used in this subsection, the cost required to complete the improvements shall be the amount as determined by the Superintendent of Highways and/or the Engineer to the Town. (2) The escrow account described in paragraph (B)(1) above shall only be established between the months of December 1 through April 1. All work required to obtain the Certificate of Occupancy must be completed by June 1. (3) The property owner, contractor or developer seeking the Certificate of Occupancy must submit a written Agreement between the property owner, contractor or developer and the Town providing for such incomplete work to be completed no later than June I" following the issuance of the Certificate of Occupancy. If the incomplete work is not completed by June I"' or at such earlier date as may be specified by the Enforcement Officer, the Enforcement Officer may direct any independent third -party contractor to complete the work and authorize payment to the third party contractor from the escrow funds deposited to guarantee that said work would be completed in a timely fashion. The Owner of the property and/or the contract vendee must give written consent to permit any independent third party contractor as well as the Town's Enforcement Officers to enter upon the property for the purposes of completing the required work and undertaking the E necessary inspections. The Owner and the contract vendee must further execute a written document releasing the Town of Wappinger, or any of its Enforcement Officers or other agents; from any claims or liability in connection with the work to be performed by such independent third party contractor. (C) If a Certificate of Occupancy has been issued pursuant to this Section and the required improvements are not completed within the time frames described above, the property owner shall be liable for civil penalties imposed pursuant to §85-14. § 85-10: INSPECTIONS. (A) Inspections prior to or during construction: (1) The work and/or the site for which a Building Permit has been issued hereunder shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including but not limited to, building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing and heating and air conditioning. It shall be the responsibility of the owner, applicant, or his agent to inform the inspector that the work is ready for inspection and to schedule such, inspection. (2) Before issuing a Certificate of Occupancy, the Code Enforcement Officer shall conduct such inspections as deemed necessary to ensure compliance with the Uniform Code and Energy Code before issuing a Certificate of Occupancy. (3) If an Enforcement Officer is unable to enter upon any property for the purposes of making an inspection, the Enforcement Officer may apply for an order to any court of competent jurisdiction to make an inspection. (B) Fire Prevention and Safety Inspections. (1) Multiple dwellings shall be inspected to determine compliance with the Uniform Code at least once every twelve (12) months. Inspections of such buildings shall include the common areas such as halls, foyers, staircases, etc. and vacant dwelling units. (2) Fire safety inspections of buildings or structures having areas of public assembly as defined in Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York shall be performed at least once in every twelve (12) months. (3) All other buildings, uses and occupancies (except one or two family dwellings) shall be inspected at least once every twelve (12) months. (4) An inspection of a building or dwelling unit may also be performed at any other time upon: 10 F-1 (a) The request of the owner, authorized agent or tenant; (b) Receipt of a signed written statement alleging the conditions or activities failing to comply with the Uniform Code exists; (c) Any other reasonable and reliable information indicating that such a violation exists; or (d) Damage to a building or structure resulting from fire, water damage or other calamity. (5) Such inspections shall be performed by the Enforcement Officers. § 85-11: DEPARTMENT RECORDS AND REPORTS. (A) All Enforcement Officers shall keep permanent official records of all transactions and activities conducted by him, including all applications received, plans approved, permits and certificates issued, fees charges and collected, inspection reports, all rules and regulations promulgated by him with the consent of the Town Board, and notices and orders issued. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. (B) The Director of Code Enforcement shall annually submit to the Town Board a written report and summary of all business conducted by the Building Department, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made, and appeals or litigation pending or concluded. § 85-12: STOP WORK ORDERS. Whenever an Enforcement Officer has reason to believe that the work on any building or structure is being performed in violation of the provisions of the applicable building laws, ordinances, rules or regulations, or not in conformity with the provisions of an application, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, to suspend all work and suspend all building activities until the Stop Work Order has been rescinded. Such Order and Notice shall be in writing, shall state the conditions pursuant to which the work may be resumed and may be served upon a person owning, operating, occupying or maintaining property or premises by delivering it personally to him/her, or by posting the same upon a conspicuous portion of the building where the work is being performed and by sending a copy of the same to the owner or operator of the property or premises by certified mail return receipt requested at the address set forth in the application for the permission of the construction of such building. § 85-13: POSTED BUILDINGS. (A) The Enforcement Officers are hereby authorized to declare any building or structure unsafe due to neglect, fire, catastrophe, weather related conditions, acts of God and to 11 further declare that such building or structure is unsafe and unfit for human occupancy or habitation. (B) In addition to the remedies and provisions set forth in this Chapter, Enforcement Officials are authorized by the Town Board to enforce the provisions of Chapter 93 of the Town Code entitled "Unsafe Buildings." (C) Upon a determination that a building is unsafe, the Enforcement Officer shall post the building or structure and such posting shall prohibit use, habitation or occupancy by the general public. (D) The Enforcement Officer shall notify the Town Board and the property owner in accordance with the provisions of Chapter 93 "Unsafe Buildings," and otherwise follow the procedures set forth in Chapter 93. (E) Whenever a building or structure is posted pursuant to Chapter 93 of the Town Code or under the provisions of the Uniform Code, no person shall enter, use or occupy said building or structure without written authorization from an Enforcement Officer. § 85-14: VIOLATIONS. (A)A violation of this Chapter shall be deemed an offense punishable by: (1) a fine as set forth in Chapter 122, Article V, Section 122-20 B of the Code for a first offense; (2) a fine as set forth in Chapter 122, Article V, Section 122-20 B of the Code or a period of imprisonment not to exceed 15 days for a second offense; (3) a fine as set forth in Chapter 122, Article V, Section 122-20 B of the Code or a period of imprisonment of not less than 30 days and not exceeding 6 months for a third and any subsequent offense. (B) Upon determination that a violation of the Uniform Code, Energy Code or this Local Law exists in, on or about any site, building or premises, an Enforcement Officer shall issue an Order to Remedy Violation or Appearance Ticket identifying the specific provisions of the Uniform Code and/or Energy Code which the particular condition violates. Said Order shall provide that violations must be corrected or remedied within a time specified as may be reasonably necessary to for achieving compliance before proceedings to compel compliance shall be instituted. (C) It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, demolish, improve, relocate, equip, use, occupy or maintain any site, building or structure or a portion thereof in violation of any provisions of this Local Law, or the New York State Uniform Fire Prevention and Building Code or the New York State Energy Conservation Construction Code or any other provision of the Town Code or to fail in any manner to comply with the notice, directive or order of a Code Enforcement Officer 12 or to construct, alter, repair, move, demolish, improve, relocate, equip, use, occupy or maintain any site, building or structure of portion thereof in a manner not permitted or authorized by an improved Building Permit or Certificate of Occupancy. (D) Any person, firm or corporation that shall fail to comply with a written order of an Enforcement Officer, within the time for compliance therewith, and any owner, builder, tenant, architect, contractor, subcontractor, construction manager or their agents and/or employees, or any other persons taking part or assisting in the construction use of any site, building or structure which shall violate any of the applicable provisions of this Local Law or of any lawful order, notice, directive, permit or Certificate of an Enforcement Officer made thereunder, shall be punishable by a fine of not more than $1,000.00 or by imprisonment for not more than fifteen (15) days or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. (E) In addition to those penalties prescribed by State Law or any code, rule or regulation of the State of New York or any municipal authority having jurisdiction of the premises, any person, firm or corporation who violates the Uniform Code, Energy Code or any rule or regulation of this Local Law, or the terms and conditions of any Certificate of Occupancy issued by an Enforcement Officer shall be liable for a civil penalty of not more than Five Hundred Dollars ($500.00). The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of Wappinger by a Code Enforcement Officer, or by the Town Board on its own initiative. (F) Alternatively or in addition to an action to recover the civil penalties provided by subsection (E), the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation of, or to enforce, any provision of the Uniform Code and/or Energy Code or the terms or conditions of any Certificate of Occupancy issued by the Enforcement Officer. Section -III: Chapter 122, Article V: SCHEDULE OF FINES. "Section 122-20 (B) is hereby amended to read as follows:" B) Chapter 85, Uniform and Energy Codes. (1) Section 85-14 (A) (i) fine: (a) Minimum: $ 150.00 (b) Maximum: $1,000.00 (2) Section 85-14 (A)(ii), fine: (a) Minimum: $ 150.00 (b) Maximum: $1,000.00 13 (3) Section 85-14 (A)(iii), fine: (a) Minimum: $ 150.00 (b) Maximum: $1,500.00 Section -IV: Prior Local Laws and Ordinances Repealed. This Local Law is intended to repeal the Town of Wappinger Ordinance for Administering and Enforcing the State Building Construction Code originally adopted on March 15, 1978 and amended from time to time thereafter. In addition, this Local Law is intended to supersede Local Law No. 3 of 1983 providing for the Administration and Enforcement of the New York State Fire Prevention Code, now incorporated into the Town Code as Article 24. Section -V: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section -VI: Effective Date: This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. 14 (Complete the certification in the paragraph that applies to the fling 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. ---------- 10---------------------- of 20-06 _ of the �C91 )(M,----------------------- [P(Town)(�il?13t ) of — of was duly passed by the - --------- own oardonSeptember 25 20 06, in accordance with the applicable provisions of law. --------------- (Nante of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the ----------------------------------------------- on ------------------ 20 --- , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20----, (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20----, and was (approved)(not approved)(repassed after (Nance of Legislative Body) disapproval) by the ------------------------------------------------- on------------------- 20----. Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on ------------------ 20---- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20---- , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the County of ---------------------------------------------------- State of New York, having been submitted to the electors at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having 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 ----- 1------- above. (Seal) Clerk of A County legislath'ebody, City, Town or Village Clerk or offi signaled by local legislative body Date: September 26th, 2006 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the Albert P. Roberts - Attorney WiX * QXY-X of Wappinger Town Date: (3) Town Board Meeting Minutes September 25, 2006 RESOLUTION: 2006-212 Resolution Re -Introducing Local Law No. of the Year 2006, Regulating Blasting and the Use of Explosives and Combustibles In Blasting Operations WHEREAS, the Town Board finds that the regulation of blasting operations and the use and storage of explosives within the Town of Wappinger is necessary to protect the public from personal and property damage since such blasting operations have been, and continue to be, a source of potential danger to persons and property within the Town and are of a highly volatile nature; and WHEREAS, it has come to the attention of the Town Board that the existing provisions of Chapter 80 of the Town of Wappinger Code entitled `Blasting" are outdated as practices in the blasting industry have changed greatly since 1968 when Chapter 80 was first adopted and the requirements of the federal government and New York State have changed as well; the Town Board has determined that it is in the best interest of the people of the Town to update the provisions of the Code pertaining to Blasting; and WHEREAS, Labor Law § 464-a. authorizes the Town to create additional requirements for Blasting; and WHEREAS, the Town Board finds a permitting process for specific blasting operations will allow the Town, through the Fire Inspector and the Code Enforcement Officer, to monitor blasting operations for the protection of the public; and WHEREAS, the Town Board finds that it is necessary to codify the requirements for a permit and to clearly and specifically set forth in detail the procedures that a blaster must adhere to while conducting blasting operations within the Town of Wappinger; and WHEREAS, the Town Board finds that mandatory liability insurance requirements must be put in place to assure the public that damages sustained from blasting can be redressed and provisions for minimum effective charges, barricades, watchmen, containment of the blast and notice to nearby homeowners will protect the public from careless blasting procedures; and WHEREAS, the Town Board has determined that it is further necessary to amend Chapter 122 of the Town of Wappinger Code to reflect a new fee schedule and a new fine schedule related to Blasting; and WHEREAS, by Resolution No. 2006-181 adopted on the 280' day of August, 2006, the Town Board Introduced Local Law No._ of the Year 2006, Regulating Blasting and the Use of Explosives and Combustibles in Blasting Operations for the purposes of scheduling a Public Hearing in contemplation of its proposed adoption; and WHEREAS, the Notice of Public Hearing was published in the Southern Dutchess News and the Poughkeepsie Journal with a incorrect Public Hearing date; and WHEREAS, it is the purpose of this Resolution to re -introduce Local Law No. of the Year 2006, Regulating Blasting and the Use of Explosives and Combustibles in Blasting Operations for the purposes of scheduling a new Public Hearing date; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby re- introduces for adoption Local Law No._ of 2006 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No._ of 2006 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the day of October 2006, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. Town of Wappinger Page I1 Printed 10/13/2006 Town Board Meeting Minutes September 25, 2006 The foregoing was put to a vote which resulted as follows: ✓ Vote Record - Resolution RES -2006.312 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter ❑ ❑ 110 Defeated Robert Valdati Initiator 0 ❑ ❑ ❑ ❑ Tabled Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Voter D ❑ ❑ ❑ Joseph Paoloni Seconder 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 25th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-213 A Resolution Authorizing, Subject to Permissive Referendum, the Reconstruction of the Buildings At Carnwath Farms, In and for the Town of Wappinger, Dutchess County, New York, At a Maximum Estimated Cost of $325,000 and Authorizing the Issuance of $325,000 Serial Bonds of Said Town to Pay the Cost Thereof. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which the regulations provide will not have a significant effect on the environment; and WHEREAS, it is now desired to authorize such capital project and its financing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The reconstruction of the buildings at Town -owned Carnwath Farms, in and for the Town of Wappinger, Dutchess County, New York, including original equipment, apparatus, facilities, site improvement, and incidental demolition and improvements and expenses, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $325,000. Section 2. It is hereby determined that the plan for the financing of the aforesaid specific object or purpose is by the issuance of $325,000 of serial bonds of the Town hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 12(a)(2) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: Town of Wappinger Page 12 Printed 10/13/2006 Town Board Meeting Minutes September 25, 2006 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspapers of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ WtoiteCOit'--Resolution RES -2006-213 YegAye No/Nay ; Abstain _ Absent ® Adopted - - -- Josh Ru _ Voter ® ❑ j ❑ ❑ — --- 13 Adopted as Amended —ep Robert Valdati _ _..._ Seconder _ ® ❑ ❑ ❑ ❑ Defeated _ Vincent Bettina _ _ Voter El — ❑ ❑ ❑ ❑ ❑ Tabled Withdrawn - _ _ Maureen McCarthy _ Initiator _ _ D Joseph Paoloni Voter D ❑ ❑ ❑ Dated: Wappingers Falls, New York September 25th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-214 A Resolution Amending the Bond Resolution Dated July 26, 2004, Authorizing the Issuance of Not Exceeding $240,000 Serial Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Acquisition of Various Equipment for Use for Construction and Maintenance Purposes, In and for Said Town. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, by a Bond Resolution dated July 26`h, 2004, the Town Board of the Town of Wappinger, Dutchess County, New York, authorized the issuance of not exceeding $240,000 serial bonds of said Town to pay the cost of the acquisition of various equipment for use for construction and maintenance purposes in and for said Town, and determined that the period of probable usefulness thereof is five years; and WHEREAS, it has now been determined that it is in the financial interest of said Town to amortize such serial bonds over a period in excess of five years, the period of probable usefulness of said class of objects or purposes being fifteen years in accordance with the applicable provision of the Local Finance Law; and WHEREAS, it is now desired to amend such bond resolution dated July 26`1, 2004 accordingly; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Section 3 of bond resolution dated July 26th, 2004, more fully described in the preambles hereof, is hereby amended to read as follows: "Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11 of the Local Finance Law." Section 2. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the Town of Wappinger Page 13 Printed 10/13/2006 Town Board Meeting Minutes September 25, 2006 date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 3. Upon this resolution taking effect, the bond resolution of July 26`h, 2004, as herein amended, or a summary thereof, shall be published in full in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 4. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓ vote.Record-Resolution'Yt E;S-2006=214 0 Adopted Yes/Aye No/Nay Abstain Absent Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ El ❑ Tabled ❑ Withdrawn Maureen McCarthy Seconder 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 25th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-215 A Resolution Amending the Bond Resolution Dated May 12, 2003, Authorizing the Issuance of Not Exceeding $200,000 Serial Bonds of the Town of Wappinger, Dutchess County, New York, to Pay the Cost of the Purchase of Various Equipment for Use by the Highway Department and the Recreation Department, In and for Said Town. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, by a Bond Resolution dated May 12th, 2003, the Town Board of the Town of Wappinger, Dutchess County, New York, authorized the issuance of not exceeding $200,000 serial bonds of said Town to pay the cost of the purchase of various equipment for use by the highway department and the recreation department in and for said Town, and determined that the period of probable usefulness thereof is five years; and WHEREAS, it has now been determined that it is in the financial interest of said Town to amortize such serial bonds over a period in excess of five years, the period of probable usefulness of certain of said class of objects or purposes being ten years and fifteen years in accordance with the applicable provision of the Local Finance Law; and WHEREAS, it is now desired to amend such bond resolution dated May 121h, 2003, accordingly; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Section 3 of bond resolution dated May 12th, 2003, more fully described in the preambles hereof, is hereby amended to read as follows: "Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years as to equipment with a cost of $8,000 thereof, ten years as to equipment with a cost of $22,000 thereof, and fifteen years as to equipment with a cost of $170,000 thereof, all pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law." Section 2. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 3. Upon this resolution taking effect, the bond resolution of May 12th, 2003, as Town of Wappinger Page 14 Printed 10/13/2006 Town Board Meeting -Minutes September 25, 2006 herein amended, or a summary thereof, shall be published in full in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 4. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The foregoing was put to a vote which resulted as follows: ✓'VoteReenji7R Itition RES' -2006'-215 0 Yes/Aye No/Nay Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑ i ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 f ❑ ❑ ❑ ❑ Vincent Bettina Voter 0 ❑ ❑ ❑ ❑W Withdrawn Maureen McCarthy Initiator 0 ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ! ❑ ❑ Dated: Wappingers Falls, New York September 25`h, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-216 Resolution Authorizing Re -Levy of Water/Sewer Charges WHEREAS, the last day for payments to be made at Town Hall for unpaid water/sewer accounts is November 17`h, 2006. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Debbie Brown, Water/Sewer Billing Clerk to the Town of Wappinger is hereby authorized to forward all unpaid water/sewer accounts to the Dutchess County Department of Real Property Tax on November 22nd, 2006, to be re -levied upon the 2007 County Land Tax bills. The foregoing was put to a vote which resulted as follows: ✓ VotoRec or 'Resolution RES -2006-216 0 Yes/Aye _i No/Nay Abstain Absent Adopted Joseph Ruggiero Voter 0 ❑ j ❑ ❑ ❑ Adopted as Amended Robert Valdati Initiator 0 ❑ ❑ ❑ ❑❑ Tabled d Vincent Bettina Voter 0 f ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Seconder El ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 25`h, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-217 Resolution Appointing Recreation Commission Member WHEREAS, a vacancy exists on the Town of Wappinger Recreation Commission, and WHEREAS, the Wappinger Town Board has interviewed and has found Meera Dave to be the individual capable of filling the vacancy on the Recreation Commission. NOW, THEREFORE, BE IT RESOLVED, that Meera Dav6 is hereby appointed to the Town of Wappinger Recreation Commission. The foregoing was put to a vote which resulted as follows: +" Votilk iil'-Resolution RES -2006-217 0 Adopted Yes/Aye 1 No/Nay Abstain Absent ❑ Adopted as Amended Joseph Ruggiero Voter 0 ❑ ❑ ❑ ❑ Defeated Robert Valdati Voter 0 ❑ ❑ ❑ 0 Tabled Vincent Bettina Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Maureen McCarthy Initiator 0 ; ❑ ❑ ❑ Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 25`h, 2006 The Resolution is hereby duly declared adopted. Town of Wappinger Page 15 Printed 10/13/2006 Town Board Meeting Minutes September 25, 2006 RESOLUTION: 2006-218 Resolution Authorizing Electrical Permit Fee Refund WHEREAS, Louis DiGilio paid the Town of Wappinger a One Hundred Dollar and 00/100 ($100.00) application fee in error, and WHEREAS, the permit was for a property located at 12 Edgehill Road in the Town of Poughkeepsie, not Edgehill Drive in the Town of Wappinger, and WHEREAS, Louis DiGilio has requested a refund in the amount of One Hundred Dollars and 00/100 ($100.00) NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of One Hundred Dollars and 00/100 ($100.00), made payable to Louis DiGilio, for application fee. The foregoing was put to a vote which resulted as follows: ✓. Vbte Itcord -' I2iWntibn RES -2006-21>3 _ ' Yes/Aye. No/Nay � No/Nay Absent 0 Adopted Joseph Ruggiero Voter 0 ❑ „Abstain ❑ ❑ ❑ Adopted as Amended Robert Valdati Voter 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Initiator 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Seconder 0 ❑ ❑ 11❑ ❑ Withdrawn Joseph Paoloni Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York September 25th, 2006 The Resolution is hereby duly declared adopted. RESOLUTION: 2006-219 Resolution Authorizing Comptroller to Attend Conference WHEREAS, Jean Gallucci, Town of Wappinger Comptroller, has requested that she be authorized to attend the New York State GFOA Seminar and Workshop on October 13th, 2006, in Eastchester, New York, and WHEREAS, Jean Gallucci has requested that Inez Maldonado be authorized to attend the Internal Control's Workshop to be held on October 25th; 2006, in Kingston, New York. NOW, THEREFORE, BE IT RESOLVED, that Jean Gallucci, Town of Wappinger Comptroller, is hereby authorized to attend the New York State GFOA Seminar and Workshop on October 13th, 2006, in Eastchester, New York at cost not to exceed Seventy Dollars and 00/100 ($70.00). BE IT FURTHER RESOLVED, that Inez Maldonado is hereby authorized to attend the Internal Control's Workshop to be held on October 25th, 2006, in Kingston, New York at a cost not to exceed Three Hundred Dollars and 00/100 ($300.00). The foregoing was put to a vote which resulted as follows: ✓ YoteRecord � Reeolutian PIES -2006-219 _ ' Yes/Aye No/Nay Abstain Absent 0 Adopted Joseph Ruggiero Voter El ❑ ❑ ❑ ❑ Adopted as Amended Robert Valdati Seconder 0 ❑ ❑ ❑ ❑ Defeated Vincent Bettina Voter 0 ❑ ❑ ❑ ❑ Tabled Maureen McCarthy Initiator 0 ❑ ❑ ❑ ❑ Withdrawn __� -- Joseph Paoloni Voter 0 _ ❑ ____ _._...� ❑ . ___ ❑ Dated: Wappingers Falls, New York September 25th, 2006 The Resolution is hereby duly declared adopted. IX. New Business 1. Councilman Valdati new business Councilman Valdati mentioned that, in the past, the Town was considering a potential expansion of the senior citizen center. One of the options was to use the Reimer Property. The Town of Wappinger Page 16 Printed 10/13/2006 7 Town Board Meeting Minutes September 25, 2006 property was looked at by the Town Engineer and determined to be unsuitable for that purpose. He recommended looking into an alternate use for this property. As was the case with the Carnwath property, Councilman Valdati suggested putting together a task force to discuss possible uses for the property. Residents have approached the Councilman with ideas such as a Town pool or soccer field. Supervisor Ruggiero recapped the success of the task force that was put together to discuss Camwath. Councilman Valdati made a motion to creating a citizen task force, to be chaired by Councilman Valdati, to discuss possible uses for the Reimer property. The motion was seconded by Councilman Bettina and passed unanimously. 2. Councilman Bettina new business Councilman Bettina mentioned that the Town has frequently discussed approaching the New York State Department of Transportation regarding Chelsea Road. Several residents are still approaching Councilman Bettina on this topic. Councilman Bettina stated that there needs to be some sort of study conducted. He pointed out that on Osborne Hill Road the speed limit is 35 MPH. Chelsea Road is 40 MPH. He would like the speed limit on Chelsea Road to be 35 MPH as well and asked that the meeting between the Town and NYSDOT be set up. Supervisor Ruggiero stated that his office has been talking to Keeley Solomon in the Dutchess County Planning Department for about two months to get a meeting with the NYSDOT. Mr. Dennison, of the NYSDOT, will not meet with the various Supervisors of the area. Supervisors Wagner and Pagones are having the same problem. Councilman Bettina asked that Senator Seland and Assemblyman Miller be contacted to assist. Councilman Bettina added that he would not be at the meeting that is scheduled to take place on Thursday, September 28th, 2006, as he has a prior family commitment. X. Executive Session 1. Motion To: Motion to go into executive session at 9:37 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Valdati, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati B. TransCare 2. Motion To: to come out of executive session at 10:01 RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati XI. Adjournment 1. Motion To: Motion to Adjourn at 10:01 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Bettina, Councilman SECONDER: Maureen McCarthy, Councilwoman AYES: Ruggiero, Bettina, Paoloni, McCarthy, Valdati The Meeting Adjourned at 10:01 PM. J 41 ohn C. M sterson Town Clerk Town of Wappinger Page 17 Printed 10/13/2006