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2005-09-26 RGMMonday, September 26, 2005 7:30 pm Wappinger Town Hall AMENDED AGENDA CALL TO ORDER ROLLCAL, SALUTE TO FLAG SUSPENSION OF RULES FOR PUBLIC COMMENT RECEIPT & APPROVAL OF MINUTES August 29, 2005, Regular Town Board Meeting September 12, 2005 Workshop September 14, 2005 Workshop CORRESPONDENCE LOG 2005CL-310 to 2005CL-327 PUBLIC HEARINGS o Public Hearing for Local Law Designating Full stop at he Intersection of Orange Court and Bel -Air Lane • Public Hearing for Expenditure in Connection with the Establishment of an Extension to the Fleetwood Water District DISCUSSIONS • Wappinger Farm Project • Hobbit Farms RESOLUTIONS 2005.129 Resolution Accepting Correspondence Log 2005-130 Resolution Adopting Local Law Designating a Full Stop at the Intersection of Orange Court and Bell -Air Lane 2005.131 Resolution Authorizing the Public Interest Order for the Extension to the Fleetwood Water District 2005-132 Resolution Authorizing Relevy of Water & Sewer Charges 2005-133 Resolution Authorizing contract rezone for Wappinger Farm Estates 2005-134 Resolution Authorizing Escrow Refund for 184 Smithtown Road 2005-135 Resolution Authorizing Execution of the Agreement for Town of Fishkill & the Town of Wappinger for the Potential Acquisition of Development Rights to a Parcel of Agricultural Land Know as Hobbit Farm NEW BUSINESS EXECUTIVE SESSION • Highway Personnel Issue ADJOURNMENT 1 09/26/2005.PH A Public Hearing was held by the Town Board of the Town of Wappinger on September 26, 2005 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Local Law Designating a Stop Intersection at the Westbound Intersection of Orange Court with Bel -Air Lane. Supervisor Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town John C. Masterson, Town Clerk The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. Both Jay Paggi, Engineer to the Town and Graham Foster supported the placement of the Stop Sign at the intersection of Orange Court with Bel -Air Lane. There were no further comments. Councilman Paoloni moved to close the Public Hearing, seconded by Councilman Bettina and unanimously carried. The meeting adjourned at 7:36 p.m. � ; Z c-;?�/ ohn C. Masterson Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW DESIGNATING A STOP SIGN INTERSECTION AT THE WESTBOUND INTERSECTION OF ORANGE COURT WITH BEL -AIR LANE STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING 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 7, 2005 your deponent posted a copy of the attached Notice of Public Hearing on the proposed Local 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. ohn C. Masterson Town Clerk Town of Wappinger Sworn . before me the ,22 AA AI� u__�,,,a.' 11 MARIA GILBRIOE Notary P-'blir,, State of New York Reg. No. OIG15087374 Commission Expi estNov 3Cou ;Y SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 ink -F-FiclaW1 -t C> -F Put>l it=�ati+on To: WAPPINGERS FALLS, TOWN p m ,� at the Town ppi gees Middlebuah Road; Wappingers- Falls, York. P.O. BOX 824 �� BOARD OF THE TOWN OF WAPPINGERS FALLS, NY 12590 a WAPPINGER, Re: Legal notice #69940 t/�,At TOWN CLERK TOWN CLERK State of NEW YORK ) } SS» County of DUTCHESS } . NOTICE'OF PUBLIC• I, TINA HEATH, being duly sworn, depose and c?;, HEARING OWN OF WAPPINCER say: that I am the BOOKKEEPER of Southern NOTICE IS HEREBY GIVEN that the Town' Board of the Town Dutchess News, a weekly newspaper of general 'of. Wappinger_will 'eonduct a circulation published in WAPPINGERS FALLS, PUBLIC HEARING on the 26th. day of September; 2005, at County of DUTCHESS, State of NEW YORK; and 730p.m.atthe 'town Hall;i Town that a notice, of Which the annexed is a of Wappinger, 20 Middlebush Road'appingers Falls, New printed copy, was duly published in Southern York, at which time all parties in interest and citizens shall Dutchess News once-'' on 09/07/05. have an opportunity to be heard na vn ,LL opportunity T ..b heard A 0 taoopt a proposed Local Law`., entitled."Local Law No, 10 of " "the Year 2005,,t)esignating a Stop Intersection at the West- bound Intersection of Orange Court with Bel -Air Lane" Sworn to before me this 9th day of 'September, 2005 PLEASE TAKE, FURTHER''NO TICE-that the, purpose and in- tent of the,proposed Local Law is to amend the ToWn's Vehicles and Traffic Code,by installing a' ALBERT M OSTEN "stop sign" and establishing a stop intersection at the west Notary Public, State of NEW YORK bound, intersection of Orange'` No . 1Q-820760 Court with Bel -Air Lane;and to place 'a stop sign at the north-,- Qualified in DUTCHESS County eastcomerofOrangecourtand 13181 -Air Lane. tly commission expires on June 15, 2007 PLEASE TAKE FURTHER NO- TICE that the Town Board has, determined that pursuant. to 6'+ NYCRR 617.5_(c) (20) the pro- nracnon not, requiring ,environ- mentat.review pursuant to the,: State Environmental Quality�� 'Review Act (SEORA)' or pursu- ant to LocalLaw No. 6 of 11992 and, accordingly, no -environ mental <review' has been under- taken. Pi FAST TA FI`laTuoc'"nin 11 4L..,. V ®® p m ,� at the Town ppi gees Middlebuah Road; Wappingers- Falls, York. New ; , Datodi Aug u t,29; -,200&,i BY ORD tq OFTHE TQWN �� BOARD OF THE TOWN OF WAPPINGER, JOHN C.-MASTERSON,;. t/�,At TOWN CLERK TOWN CLERK 'Poughkeepsie 3ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct' a PUBLIC HEARING on the 26th day of September,;2005, at 7:30 p.m. et the Town i Hall, Town of Whappinger,;i 26 Middelbush Road, Wappingers Falls, New York, at which time all parties in inteieLt!and Citi- zens shall have an opporry tunity to be he as to whether; the Town Board _of the Town of Wappinger, shall adopt a proposed Lo- cal Law entitled "Local Law No. 10 of the Year 2005, ,Designating a Stop Intersection at the West- bound Intersection of Orange Court with Bel -Air Lane." PLEASE TAKE FURTHER NOTICE that the purpose and intent of the proposed Local Law is to amend the Town's Vehicles and Tra- fric Code by installing . a "stop sign" and establish- ing a stopp intersection at the westbound ',intersec tionof Orange Court with Bel -Air Lane and to place' a stop sign at the north- east corner of =Orange„ Court and Bel -Air Lane. ' PLEASETAKEFURTHER NOTICE that . the Town Board " has "determined that ursuant- to 6NYCRR 617.5 p(c)(201 the proposed adoption of the aforemen- tioned Local Law is a Type II action not requiring en vironmentalreview pursu- ant to the State Environ- mental Quality Review Act (SEQRA) or pursuant to Local Law No: 6 of 1992 and accordingly 'no envi- ronmental review . has been undertaken.` PLEASE TAKE FURTHER NOTICE that copies of the proposed -Local Law No 10 of the Year 2005 are available for review and inspection at the Office of the Town Clark on week- days. eekdays. from 8:30 a.m. to 4:00-'p.m.r `at the Town Hall, 20 M�ddelbush Road, Wappingers Falls, New York-, Dated: August29, 2006 BY 'ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOHNq, MASTERSON,. TOWN CLERK 0161' State of New York County of Dutchess City of Poughkeepsie Rita Lombardi RECEIVED SEP 9 - 2005 TOWN CLERK 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 2005 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper one inse tion for weeks successively, in each week, commencing on the 7th. day of 2005 and thereafter, namely on: on the following dates And ending on the day of 2005 , both da s inclusive. i Subscribe and swo to before me this day of _2005 I Not y Public, r�- My commission expires 0290 LESLIE SHERADEN Notary PUhlic, State of New York No 01.SF15018755 00311f ed in DUtchess oU t Commission Expires 09/26/2005.PH A Public Hearing was held by the Town Board of the Town of Wappinger on September 26, 2005 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the proposed increase to be expended in connection with the establishment of an extension to the Fleetwood Water District. Supervisor Ruggiero opened the meeting at 7:37 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town John C. Masterson, Town Clerk The Town Clerk offered for the record, the Affidavit of Posting, Publication and Mailing duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero turned the meeting over to Jay Paggi, Engineer to the Town. Mr. Paggi explained that before they went out to bid, the estimated cost to provide water service to the 24 homes was thought to be $89,000 to $90,000. When the bids were received in June (only one was received) it was $118,000. The original estimate for the project twenty months ago was approximately $69,000. That was reflective of the construction climate. Because the town had nothing to compare the $118,000 bid, it was rejected. We also requested permission to redraft the map, plan and report. Additional research was done and it was felt that the bid for $118,000 was not representative of a true market value. It is now estimated that the construction costs put out to bid now would be in the neighborhood of $99,000 to $100,000. If and when the town goes out to bid for this a second time, it hopes to attract more than one bidder. About two years ago the project cost was estimated to be $89,000 to $90,000, and due to rising costs, the estimated cost has increased to $146,000. He went on to explain that the benefit unit per house would increase from $185 to $306 per year. The bond for 20 years and the interest would be 5%. At this time Mr. Paggi requested input from the residents to take their comments into account and then make a determination if they wish to go ahead with the project. Mr. Kutka of 161 Osborne Hill Road wished to know if the gas and telephone lines have been identified on the other side of the road; to hand dig in order to reach the line would cost him a fortune. Also, who is to say that the interest rate would not go up. Mr. Paggi replied, " yes", the lines have been so noted and that is a considerations that needs to be taken place during this construction. Central 1 09/26/2005.PH Hudson requires that we can't excavate the gas lines as we are drilling underneath it. They want us to hand dig and take a look at the gas main, get underneath it and we will extend the water service past the gas line on the west side. If and when the residents on the west side of the road go to hook in, they will not have any interference with the gas line. With respect to the interest rate, it is monitored on a quarterly basis and usually forcast an interest rate that is conservative. If there is a jump, that number would increase because it would realize the higher interest rate. Susan Truax of 200 Osborne Hill Road was in favor of the project. Mr. Kutka said he had no problems because he went down 300 feet for water so why shouldn't the others go down deeper to get water. Why should he and several others who went deeper to get water have to foot this bill for all the others. Mr. Kefor of 166 Osborne Hill wished to know, what if there is no response to the second bid, what happens. Mr. Paggi replied, if we got no response, we would advertise again. Mr. Kefor also wished to know, if this did not go through and the home owner wished to hook up himself, could he. Mr. Paggi replied, "yes". Mr. Kefor also wished to know if he did the hook up himself, would there be any reimbursement from the town. Mr. Paggi replied, "no". Mr. Kefor also wished to know the approximate cost if he hooked up himself. He was told it was about $12,000 to $15,000. Bill Ciccarelli of 154 Osborne Hill Road wished to know if people who paid for this out of their own pocket to hook in still have to pay the cost if the town hooks up to the system. Mr. Paggi replied, "yes". Mrs. Rudinsky of 191 Osborne Hill wished to know, what happens if she sells her house, will the new owner be responsible for these charges. She was told the new owners would be responsible for the charges. There were no further comments or questions. Councilman Bettina moved to close the Public Hearing, seconded by Councilman Paoloni and unanimously carried. The Public Hearing closed at 8:05 p.m. John C. Ma terson Town Clerk 2 0 STATE OF NEW YORK COUNTY OF DUTCHESS AFFIDAVIT OF POSTING I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DO HEREBY CERTIFY: That on the 5th day of October , 2005, I caused to be posted on the official signboard maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, an order, certified by me, duly adopted by said Town Board on the 26th day of September, 2005, a true and correct copy of which is attached hereto and made a part hereof. Sworn to before me this /3 day of 06p bef , 2005. MARIA GILBRIDE Notary Publir., State of New York ,s�� Reg. No. O1G15087374 i -m Qualified in Dutchass County Commission Expires Nov. 3, i email GINA BASILE TONAWANDA TOWN PUBLIC INTEREST ORDER 209-h 9_26_05 MEETING (2) SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST P'IAIN STREET L4APPINGiERS FALLS, N'� 12590 riff icia*.�z-t csf Pub1 icatiCrn To. L}JAPPINGERS FALLS, TOUJN P.O. BOX 324 t4APPINGERS FALLS, NY 12590 Re. Legal notice #70383 State of NEW YORK ) SS. County of DtJTCHESS ) I, TINA HEATH, being duly sworn, depose and say: that I am the BOOKKEEPER of Southern Dutc:hess News, a weekly newspaper of general circulation published in L4APPINGERS FALLS, County of DUTCHESS, State of NEL4 1'ORK; and that a notice, of vihich the annexed is a printed copy, was duly published .in Southern Dutchess NeLjs once on 10/05/05. Sworn to before me this lith day of October, 2005 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14-8240760 Qualified in DUTCHESS County Ily commission expires on June 15, 2007 RECEIVE[ OCT 13 2005 TOWN CLERK 0 Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF ADOPTION OF ORDER NOTICE IS HEREBI GIVEN that the. Tr Board of the Town o Wappinger, Dutchess County, New York, at t meeting held on the 26tf day of September, 2005 duly adopted the Order Published herewith sub iect to a permissive refer endum. Dated: Wappingers Falls, New York September 27, 2005 Town Clerk' RESOLUTION 2005-131 090427-00387P. At a regular meeting of the Town Board of the Town of Wappinger, Dut. chess County, New York, held'at the Town Hall, 20 Middlebush Road, in Wap- pingers Falls, New York, in said Town, on the 26th day of Septo-her,' 2005, at 7:30 o'clock P.M.,` Pre- vailing Time. PRESENT; Joseph Ruggiero, supervi- sor Robert Valdati, Coun- Gilman Vincent Bettina, Coun- cilman Maureen McCarthy,: Coun- cilman Joseph Paoloni, Coun- cilman In the Matter of a Proposed Increase (Purs- uant to Section 209-h of Town Law) in the Maxi- mum Amolrnt Authorized to be Expended in Con- nection With the ' Estab. lishment of an Extension to the Fleetwood Water District in the Town of Wappinger, Dutchess County, New York, known as Extension No. 1 to the Fleetwood Water District, PUBLIC INTEREST ORDERINCREASE IN AMOUNT WHEREAS, after all nec. ossa. proceedings were duly had and taken in ac. cordance with theprovi- sions of Article 12-A of the Town Law, the Town Board of the Town of Wappinger, Dutchess County, New York, has heretofore duly estab- 0290 nonce I �Q, each' I'd the':. first year m which "debt service, pPgraticm 'and` maintenance and QtbeE, charges and expenses are, to be paid; and WHEREAS, said Towne Board duly adopted an or der on the 29th day of Au - ' u gust 2005, calling a 'public hearing to be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Towp, on the 26th day of l September, 2005, at 730 o'clock P.M.,' prevailing Time, to consider ` the question of increasing the maximum amount pro-' posed to be expended in connection with the estab I shment of the aforesaid Fleetwood Water District from the presentlyautho- rized maximum amount to a new maximum amount of $146,500 constituting an increase of $58,000, and to hear. all persons in- terested in the subject thereof concerning the same and to take such ac- tion. thereon as is'required bylaw;and WHEREAS, notice of said Public hearing was duly published and posted in the manner, provided' by law and proof thereof has been submitted to said Town Board; and WHEREAS, said public hearing was 'duly held at the time and place afore- said, at which all persons interested were heard; and WHEREAS, the approval Of the State Comptroller for such increase is :not re. Chap- ter o lr 9p pursuant te tLawf 1995 based upon the total cost in the first year of, op. eration to the typical prop- erty, exclusive of hook-up fees, being ' less than $575.00; and WHEREAS, said Town Board has duly considered all of the evidence glycin at such public hearing; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town" of Wappinger, Dutchess County, New York, as fol- lows. Section • 1. It Is hereby State of New York County of Dutchess 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 2005 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper one insertion for weeks successively, in each week, commencing on the 5th. day of 2005 and thereafter, namely on: on the following dates And ending on the day of 2005 , both days inclusive. Subscribed and sworn to before me this_ day of ': 2005 Notary Public LINO A L. � commission expires --- Notary Public, State Of Now York NO. 4959412 Q114411tlOd In Dutohess (:()until COmF1111SSIQI1 41res Novembar 27, wt , FLEETWOOD WATER DISTRICT AFFIDAVIT OF MAILING STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) FLORENCE HA.NNON, being duly sworn, deposes and says: I am over the age of eighteen (18) years of age and I reside at 18 Beatty Road, Wappingers Falls, New York. On the ! day of,4d-, 2005, I served a true copy of the annexed NOTICE OF PUBLIC HEARING by mailing a copy of same in a sealed envelope with a prepaid postage thereon in a Post Office or official depository of the U.S. Postal Service within the Town of Wappinger, Dutchess County, New York, addressed to the last know addresses of the addressees as set forth on the attached Schedule No.l. The last know addresses are the addresses maintained by the Town of Wappinger Sewer and Billing'' Department which regularly updates the addresses of property owners within the Town's various Water and Sewer Districts and/or Improvement Areas with information received from the Town Assessor's Office and with notices received from title companies and real estate attorneys in connection with the sale of real estate within the Town. Sworn to before me on this /�&y of -- 2005 NOTARY P LIC �cx� 441"e,unl FLORENCE HANNON Deputy Town Clerk MARIA`GILBRIDE Notary Pvblic, State of New York Reg. No. O1G15087374 }{., Qualified in DutchPss CO commission Expires Nov. 3. 09/26/2005.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on September 26,2005 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 pm. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman John C. Masterson, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent Dave Stolman, Town Planner PUBLIC HEARINGS • Public Hearing for Local Law Designating a Full Stop at the Intersection of Orange Court and Bell -Air Lane. • Public Hearing for Expenditure in Connection with the Establishment of an Extension to the Fleetwood Water District. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilwoman McCarthy moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilman Paoloni and unanimously carried. At this time Gale Jacobson of 1F Pembrooke Circle was recognized by the Board. Ms. Jacobson wished to address the problems occurring at Chelsea Ridge due to lack of Property Management and absentee landlords. Brown water, stagnant water in the ponds located on the premises, tenant problems, inadequate lighting, vandalism, abandoned vehicles, parking, and gangs, were several of the problems that have been occurring. Many people are afraid to come forward because of retaliation from management. She has contacted the State Police for crime statistics in that area and was told that this information was not available to her. Ms. Jacobson is requesting help from the Town Board. Supervisor Ruggiero explained that the Town has no jurisdiction over Chelsea Ridge, but he would request that the Town Patrol Patrol the area. He also suggested that the residents form a Tenant Association and request help from the Attorney Generals Office on this matter. As for the water, this is a private water system, but the Town will try to work on her behalf to put her in contact with agencies that can assist her. Councilman Valdati informed Ms. Jacobson that the town took over the Wappinger Park Water System some time ago. The system was antiquated and in constant need of repair. The residents sought help from the town and the town was able to purchase the water 1 09/26/2005.RGM system. In order to do any repair on the system, the residents were levied for the full amount of repair by going out to bond. In this instance, the town did purchase a private water system. In this instance the town had the ability to go into long term bond to purchase the system and made it a special district. Councilman Bettina moved to reinstate the rules, seconded by Councilwoman McCarthy and unanimously carried. RECEIPT AND APPROVAL OF MINUTES The Minutes of the Town Board Meeting of August 29, 2005, Workshop Meeting of September 12, 2005, and Workshop Meeting of September 14, 2005, having previously been forwarded to the Board Members, was now placed before them for their consideration. Councilman Paoloni moved to accept the Minutes, seconded by Councilwoman McCarthy and unanimously carried. CORRESPONDENCE LOG: 2005 -CL -309 to 2005 -CL - (see attached) DISCUSSIONS • Wappinger Farm Project—Al Roberts, Attorney to the Town explained that an application has been made for the rezone of property located on Robinson Lane. In the event that the rezone is granted the owners have agreed to donate a portion which is adjacent to Robinson Lane Recreation Field, to the Town of Wappinger which could then be developed into two football fields and two soccer fields. The proposal would be contingent on the developers obtaining 20 lots through the subdivision process in front of the Planning Board. They would then grant the Town approximately 27 acres of which 10.9 acres would be usable for ball fields. The developer also proposes to reserve the right to install drainage facilities which would be compatible for ball fields. Authorizing the contract does not commit the Town to rezoning; it just establishes the minimum standards by which the Town would rezone the property. The final subdivision approval would have to be in place by February 15, 2006. Discussion followed. • Hobbit Farms—Al Roberts, Attorney to the Town explained that this agreement before the Town Board is an agreement between the Town of Fishkill and the Town of Wappinger to pursue the acquisition of development rights to the Hobbit Farm. It is contingent on the town receiving 75% of grant aid. This grant aid would be a portion between the Town of Wappinger and the Town of Fishkill in accordance with the acreage. This agreement would authorize both towns to contract a professional to pursue the grant and would not obligate the Town to purchase the development rights. Supervisor Ruggiero informed the 2 09/26/2005.RGM Board, if the grant application is denied, then both towns are in agreement not to go forward trying to preserve the Hobbit Farm development rights. Discussion followed. RESOLUTION NO. 2005-129 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The forgoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-130 RESOLUTION ADOPTING LOCAL LAW NO. 10 OF THE YEAR 2005 DESIGNATING A STOP INTERSECTION AT THE WESTBOUND INTERSECTION OF ORANGE COURT WITH BELL -AIR LANE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. 10 of the Year 2005 "Designating a Stop Intersection at the Westbound Intersection of Orange Court with Bell -Air Lane" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town and the Poughkeepsie Journal; and WHEREAS, the Public Hearing was held on September 26, 2005, 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 3 09/26/2005.RGM 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 days exclusive of Sunday prior to the adoption of this Resolution. 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 of the Town of Wappinger hereby adopts Local Law No. 10 of 2005 entitled "Designating a Stop Intersection at the Westbound Intersection of Orange Court with Bell -Air Lane" 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 give due notice of the adoption of said Local Law to the Secretary of State of New York 4. Town Engineer, Joseph E. Paggi, Jr., P.E., is hereby further directed to take any and all actions necessary requires in furtherance of establishing the above mentioned stop intersection in accordance with the spirit and intent of "Local Law No. 10 of the Year 2005". The forgoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-131 RESOLUTION AUTHORIZING THE PUBLIC INTEREST ORDER FOR THE EXTENSION TO THE FLEETWOOD WATER DISTRICT The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, after all necessary proceedings were duly had and taken in accordance with the provisions of Article 12-A of the Town Law, the Town Board of the Town of Wappinger, Dutchess County, New York, has heretofore duly established Extension No. 1 to the Fleetwood Water District, at a maximum estimated cost of $88,500 and authorized improvements therefore, consisting of wet tapping the existing main, installing a corporation stop, fittings, and three quarter inch "IC' copper water service piping terminating at 09/26/2005.RGM a curb valve in the road right -of way in front of each lot, boring to cross Osborne Hill Road and the purchase (but not the installation) of water meters, and incidental improvements and expenses in connection therewith; and WHEREAS, it now appears that such maximum estimated cost must be increased by $58,000 to a new maximum estimated cost of $146,500, pursuant to Section 209-h of the Town Law; and WHEREAS, there are no hook-up fees proposed to the typical property in Extension No. 1; and WHEREAS, the estimated cost of Extension No. 1 to the typical property (single family home) therein for such capital cost, assuming the proposed amortization of twenty years, is $306 and the cost to the typical property therein for operation and maintenance is $220, each in the first year in which debt service, operation and maintenance and other charges and expenses are to be paid; and WHEREAS, said Town Board duly adopted an order on the 29th day of August, 2005, calling a public hearing to be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 26th day of September, 2005, at 7:30 o'clock P.M., Prevailing Time, to consider the question of increasing the maximum amount proposed to be expended in connection with the establishment of the aforesaid Fleetwood Water District from the presently authorized maximum amount to a new maximum amount of $146,500 constituting an increase of $58,000, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law; and WHEREAS, notice of said public hearing was duly published and posted in the manner provided by law and proof thereof has been submitted to said Town Board; and WHEREAS, said public hearing was duly held at the time and place aforesaid, at which all persons interested were heard; and WHEREAS, the approval of the State Comptroller for such increase is not required pursuant to Chapter 397 of the Laws of 1995 based upon the total cost in the first year of operation to the typical property, exclusive of hook-up fees, being less than $575.00; and WHEREAS, said Town Board has duly considered all of the evidence given at such public hearing; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. It is hereby found and determined to be in the public interest to provide for the increase described in the preambles hereof and said k 09/26/2005.RGM increase is hereby authorized pursuant to subdivision 1 of Section 209-h of the Town Law. Section 2. The Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded within ten (10) days after its adoption in the office of the County Clerk, which, when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by said Town Board in relation to the aforesaid increase as provided in Section 209-g of the Town Law. Section 3. This order is adopted subject to permissive referendum. The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The order was thereupon declared duly adopted. RESOLUTION NO. 2005-132 RESOLUTION AUTHORIZING RELEVY OF WATER/SEWER CHARGES The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS the last day for payments to be made at Town Hall for unpaid water/sewer accounts is November 18, 2005. 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 22, 2005, to be re -levied upon the 2006 County Land Tax bills. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-133 n. r 9 09/26/2005.RGM RESOLUTION AUTHORIZING CONTRACT REZONE FOR WAPPINGER FARM ESTATES The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, Boris Shtutman, Oleg Shtutman and Sam Zeltzer (hereinafter collectively referred to as "Shtutman") have made application to the Town Board for a rezone of property located on Robinson Lane in the Town of Wappinger (hereinafter referred to as the "Property"); and WHEREAS, a portion of the Property is contiguous to the Town of Wappinger, Robinson Lane Recreation Field; and WHEREAS, in the event the rezoning is granted, Shtutman has agreed to donate a portion of the Property which is adjacent to the Robinson Lane Recreation Field to the Town of Wappinger, which portion could then be developed into two football fields and soccer fields for use by the residents of the Town of Wappinger; and WHEREAS, the Town Board has agreed to consider the application for rezoning only under certain conditions and circumstances which the Town Board wishes to be enumerated and identified in an agreement between the Town and Shtutman; and WHEREAS, Shtutman has indicated there are minimum conditions which must be met before they will be in a position to donate the portion of the Property to the Town, which they also wish to be enumerated in the Agreement; and WHEREAS, both the Town and Shtutman have agreed upon the various terms and conditions before the Property will be rezoned and a portion of the Property dedicated to the Town, all of which are identified in an agreement, a copy of which is attached hereto and made a part hereof and marked and designated Exhibit "1". 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 Members each have received, reviewed and are familiar with the terms and conditions set forth in the Agreement attached hereto and marked and designated Exhibit "1". 3. The Town Board Members concur that the conditions set forth in Agreement are the minimum standards pursuant to which the Town Board will consider a rezoning of the Property from R40/80 to R40. 7 09/26/2005.RGM 4. The Town Board Members expressly reserve the right, in their legislative discretion, not to rezone the Property as requested and by execution of this Agreement, merely establish the minimum conditions pursuant to which the Property will be rezoned. 5. Supervisor Joseph Ruggiero is hereby authorized to execute this Agreement by and behalf of the Town. 6. Engineer to the Town Joseph E. Paggi, Jr., P.E. and Frederick P. Clark Associates, Town Planner and Albert P. Roberts, Attorney to the Town are further authorized to undertake any work necessary to prepare Amendments to the Town Master Plan and to draft a proposed Local Law to implement and adopt a proposed Local Law for the subject rezoning to be considered by the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-134 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 184 SMITHTOWN ROAD The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, on or about February 16, 2005, Jeffery Bucciero deposited One Thousand Five Hundred and 00/100 ($1,500.00) with the Town of Wappinger for seeding for 184 Smithtown Road, and WHEREAS, Jeffery Bucciero has requested a refund in the amount of One Thousand Five Hundred and 00/100 ($1,500.00) and has been recommended by Salvatore Morello, Code Enforcement Officer to the Town of Wappinger, in his letter dated September 6, 2005, to the Town Board Members. 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 Thousand Five Hundred Dollars and 00/100 ($1,500.00) made payable to Jeffery Bucciero, Account Number 2002-0888, for the 09/26/2005.RGM refund of the unused escrow funds deposited for the property located at 184 Smithtown Road. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman The Resolution is hereby duly declared adopted. Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye RESOLUTION NO. 2005-135 RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF FISHKILL AND THE TOWN OF WAPPINGER FOR THE POTENTIAL ACQUISITION OF DEVELOPMENT RIGHTS TO A PARCEL OF AGRICULTURAL LAND KNOWN AS "HOBBIT FARM" The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Town of Wappinger and the Town of Fishkill are municipal corporations organized under the laws of this State; and WHEREAS, the respective parties each possess the power to enter into intermunicipal agreements under Article 5G of this state's General Municipal Law; and WHEREAS, each party is empowered by law to acquire, hold and administer interests in real property for public purposes; and WHEREAS, each party maintains the power to adopt and to carry out policies pertaining to the preservation of agricultural uses of land, and pertaining to maintenance of open space as a measure to avoid overdevelopment of land and/or to mitigate the consequences of suburban development; and WHEREAS, in furtherance of these goals or policies, Fishkill and Wappinger have pursued jointly and in partnership the potential acquisition of development rights from the owner(s) of an approximate 47.9 acre parcel of agricultural real property, of which approximately 28.5 acres are located in Wappinger and approximately 19.5 acres are located in Fishkill, otherwise known as Hobbit Farm located on Chelsea Road (the "Property"); and WHEREAS, the parties enter into this intermunicipal agreement for the purpose of memorializing and outlining their understandings in furtherance of this undertaking to purchase, subject to obtaining state farm preservation grant assistance, the development rights from the owner(s) of the Property. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. E 09/26/2005.RGM 2. Supervisor Joseph Ruggiero is hereby authorized, on behalf of the Town to sign an agreement between the Town of Fishkill and the Town of Wappinger to jointly and in partnership pursue the potential acquisition of development rights for the owner of an approximately 47.9 acre parcel of agricultural property, which approximately 28.5 acres are located in the Town of Wappinger and approximately 19.5 acres are located in the Town of Fishkill, otherwise known as Hobbit Farm on Chelsea Road, a copy of which agreement is annexed hereto and approved by Albert P. Roberts, Attorney to the Town of Wappinger. The forgoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted NEW BUSINESS/COMMENTS Councilman Valdati received a call from a Mr. Chirico of 25 Middlebush Road complaining about several unregistered RV type buses and illegal apartments at 29 Middlebush Road. He would like the Zoning Administrator to look into this matter. There is also a gas station on the corner of Old Hopewell Road and Route 9 that is an eyesore, he would like the Zoning Administrator to look into that. Councilman Bettina wished to thank the resident who came out tonight in regard to the problems at Chelsea Ridge and wished to thank the residents from Osborne Hill Road that came out and the Town Board for grant if it goes through. Councilman Valdati was contacted by some residents of Montclair. He felt that it was unfair that the residents of Montclair Town House had to pay for the damages to their units due to a collapsed sewer line at Montclair. They were told that they had to pay for the replacement of carpets and furniture that were damaged, through their own private insurance companies and he feels this places an unfair burden on the residents. Supervisor Ruggiero explained that the complex should have insurance to cover these costs. Councilman Valdati wished to know if our Attorney could prepare a draft on how to handle this so the complex could maintain responsibility p p ty for these damages. Supervisor Ruggiero said the Attorney Generals Office would handle disputes such as this. Councilwoman McCarthy requested Graham Foster to place the speed trailer on Bell Air Lane and also look into striping it in order to reduce speed. 10 09/26/2005.RGM Councilman Paoloni requested the Zoning Administrator to listen for gun fire coming form the shooting range after dark on St. Nicholas Road. He wants the noise ordinance looked into. George Kolb, Building Inspector said he would find out what the regulations were pertaining to the shooting range. Councilwoman McCarthy would like the Highway Superintendent to look into placing a "Watch out for Children" or "Hidden Drive" sign on St. Nicholas Road near the new house. Mr. Foster explained that he was very reluctant to place a "Hidden Drive" sign up, because that driveway was approved by the Planning Board with proper site distance in both directions. He can place a "Watch for Children" sign at each end of the road but does not feel they are very affective. At this time, 9:00 pm, Councilman Valdati moved to go into Executive Session to discuss a Highway Personnel issue, seconded by Councilwoman McCarthy and unanimously carried. The meeting reconvened at 9:44 pm with all board members in attendance. There was no action taken in Executive Session. Councilwoman McCarthy moved to close the meeting, seconded by Councilman Bettina and unanimously carried. The meeting adjourned at 9:44 pm. I C ",I John C. Masterson Town Clerk 11 L OcCl G Law Filing NEW YORK STATE DEPARTMENT OF STATEI 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. Claw lbwnof ------------------ Wap.Pinger-------------------------------------------------------- Local Law No. ------------ Q--------------------- of the year 20 -95- A 0 -05_A local law DESIGNATING_ A_STOP_ INTERSECTION -AT -TM-WESTBOUND INTERSECTION (lnsa Titic) l� OF ORANGECOURTWITH BEL -AIR -ANE ___ _----___------------------------------------------------------- II -------------------------------------------------------------------------------------------------------------- Be it enacted by the -------------------- TownBoard-------------------------------------------------- of the (Name nfL,gi,1w;-Body) - - - V& of ------------ WORPinggr--------------------------------------------------------------- as follows: Town TEXT COMMCES 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) �1 0 LOCAL LAW NO. 10 OF THE YEAR 2005 A Local Law entitled "Local Law No. 10 of the Year 2005, Designating a Stop Intersection at the Westbound Intersection of Orange Court with Bel -Air Lane." 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 the Year 2005, Designating a Stop Intersection at the Westbound Intersection of Orange Court with Bel -Air Lane", which shall amend the present Vehicles and Traffic Code, as set forth below. Section II: Legislative Intent: Councilwoman, Maureen McCarthy, by letter dated August 10, 2005, has requested that the Town of Wappinger install a "stop sign" and establish a stop sign at the westbound intersection of Orange Court and Bel -Air Lane. Highway Superintendent, Graham Foster, has approved the Town's installation of a stop sign and the placement of a stop sign at Orange Court with Bel -Air Lane. Based upon the recommendation of Highway Superintendent, Graham Foster, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to revise the Town's Vehicle and Traffic Code §230-43 "Schedule IX: Stop Intersections" to designate the westbound intersection of Orange Court at Bel -Air Lane a stop intersection. Section III: Stop Intersection: The Town of Wappinger Code §230-43 is hereby amended by alphabetically inserting into Schedule IX the following designated full stop intersections: Direction "Stop Sign on of Travel Orange Court West O:\Wappinger\Town Board\LOCAL LAW\StopSign\2005\Local Law -Stop Sign Orange-Bel-Air.doe At Intersection of Bel -Air Lane ." Section IV: Stop Sign. The Town Board hereby directs the Highway Superintendent to place a stop sign at the northeast corner of the westbound intersection of Orange Court with Bel -Air Lane. 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 take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. O:\Wappinger\Town Board\LOCAL LAW\StopSign\2005\Loca� Law -Stop Sign Orange-Bel-Aindoc (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.) ��10 ____ of 20Q5I__ I hereby certify that the local law annexed hereto, designated as local law No. -------- ----------------------- appinger--------------------------------- was dui passed b the of the ( )(Town) of ------------------ --- - Y P . Y � Town Board --------------------- on _Sep, :. - 2.6- ', _ 20P5, in accordance with the applicable provisions of law. (Name of Legislative Body) (Passage by local legislative body with approval, no disapproval or repassage after disapproval I, by the Elective Chief Executive Officer*.) hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20---- of the (County)(City)(Town)(Vi Ila ge) of--------------------------------------------------------------- was duly passed by t _______________________________________________ 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 (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 (genera l)(special)(annual) election held on ------------------ 20L--- , in accordance with the applicable provisions of law. 1. (Subject to permissive referendum and final adoption because no valid petition was flied 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 afLegislative Body) disapproval) by the __________________________________________________ on ------------------ 20 --- . Such local law was subject to (Elective ChiefEzecutive 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 iower to approve or veto local laws or ordinances. I (2) 0 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----- -f the County of ----------- -- - - ----- - - --------- --- -- _State of New York, having been submitted to the electors,, t 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 - les 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 ---- -------- above. (Seal) Pfafk of the Countyaegislative body, City, Town or Village Clerk r officer designated by local legislative body John C. Masterson, Town Clerk Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) LATE OF NEW YORK MINTY OF T the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. _ Albert P. Roberts, Attorney to Town Title gum of Wappinger Town Date: (� `r (3) Town Board Correspondence Log Document # To From Date Received Re Agenda 2004CL - 0310 Jeffery Doynow, Fortune Scott E. Sheeley, Deputy 8/24/05 8/29/05 Cranberry Hills Subdivision 9/26/2005 2004CL - 0311 Mr. Scott E. Sheeley Beth Evans, Principal 8/30/05 9/02/05 Cranberry Hills Subdivision 9/26/2005 2004CL - 0312 Supervisor Joseph Ruggie Jerry Owen, Dog Control 9/1/05 9/02/05 Dog &Cat Clinic 9/26/2005 2004CL - 0313 Mr. Robert Dennison, Exe Eileen C. Sassman, Secret 8/17/05 8/23/05 Transportation Improvement Plan 9/26/2005 2004CL - 0314 Town Board Joseph Kovalsky, EMS C 8/23/05 Weekly Report for 8/01/05-8/07/05 9/26/2005 2004CL - 0315 Joseph Ruggiero, Town S Thomas E. Logan, Jr. Act 8/08/05 State Board of Real Property Taxes 9/26/2005 2004CL - 0316 George Kolb, Director of Marco Caviglia 8/15/05 8/16/05 Town of Wappinger V. Inner City Tire Group 9/26/2005 2004CL - 0317 Town Board Joseph Kovalsky, EMS C 8/08/05 Weekly Report for 7/25/05-7/31/05 9/26/2005 2004CL - 0318 John C. Masteron, Town Floyd Scholz, Treasurer 8/05/05 8/05/05 Liquor License Renewal 9/26/2005 2004CL - 0319 George Kolb, Director of Marco Caviglia 8/12/05 8/16/05 Town of Wappinger V. Inner City Tire Group 9/26/2005 2004CL - 0320 Joseph Ruggiero, Town S Tatiana Lukianoff, Zonin 9/6/05 9/08/05 Andlyn Associates -Performance Bonds 9/26/2005 2004CL - 0321 Town Board George Kolb, Director of 9/7/05 9/08/05 Building Inspector's Report for the Month of Augu 9/26/2005 2004CL - 0322 Town Clerk, John C. Mas Tatiana Lukianof ; Zonin 9/06/05 9/08/05 Schedule of Performance and Maintance Bonds for 9/26/2005 2004CL - 0323 Miranda & Sokoloff, LLP Marco Caviglia 9/7/05 9/08/05 Insured: Town of Wappinger Claimant Joseph Boy 9/26/2005 2004CL - 0324 Town Board Heather Kitchen, Town Ju 9/14/05 9/15/05 Court Cases for the Month of August 2005 9/26/2005 2004CL - 0325 Joseph Ruggiero, Supervi Joseph Paggi, Jr. P.E. 9/12/05 9/16/05 Montclair Town Houses 9/26/2005 2004CL - 0326 Joseph Ruggiero, Supervi Sharon S. Eggert, Senior 8/29/05 9/14/05 Joseph Boyce 9/26/2005 Thursday, September 22, 2005 rage i or L Document # To From Date Received Re Agenda 2004CL - 0327 James Sedore, Sedore, O's Emanuel Saris 8/29/05 8/31/05 Pending or Threatened Tax Ceriorari Proceedings 9/26/2005 Thursday, September 22, 2005 Page 2 of 2