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2004-03-22 RGMTOWN OF WAPPINGER SUPERVISOR JOSEPH RUGGIERO Call to Order Roll Call, Salute to Flag SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-2744 FAX: (845) 297-4558 Monday, March 22, 2004 7:30pm Wappinger Town Hall AGENDA Receipt and Approval of Minutes February 9, 2004 Workshop February 12, 2004 Special Meeting Suspension of Rules for Public Comment on Agenda Items Correspondence Log 2004CL-35 to 2004CL-64 Public Hearing: • Public Hearing Amending Town Code for Fines for Violations Discussions: • Grinnell Library District Joint Meeting -Board of Trustees • Gibson Water Connection • Bulk Pickup -Graham Foster TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Resolutions: 2004-083 Resolution to Authorize the Execution of an Agreement Between the Town of Wappinger and the County of Dutchess for a Transportation System for Senior Citizens and Handicapped Individuals 2004-129 Resolution Authorizing Meadowood Parcel 1/Section 2 Bond Calculations 2004-130 Resolution Adopting Local Law Establishing Town Fines for Violations 2004-131 Resolution Limiting Truck Traffic Through Village of Wappingers Falls 2004-132 Resolution Authorizing Change Order No 2 for 99-2R7 Clearwell and Pump Station Installation 2004-133 Resolution Authorizing Recreation to Bid for Tick Spraying 2004-134 Resolution Authorizing Matthews Escrow Refund 2004-135 Resolution Authorizing Dog Control Officer to Attend Conference 2004-136 Resolution Accepting Correspondence Log 2004-137 Resolution Authorizing Lillis Connection -to the Central Wappinger Water District. New Business/Comments Adjournment 03/22/2004.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held March 22, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman 6.. Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent RECEIPT AND APPROVAL OF MINUTES The Minutes of the Workshop Meeting of February 9, 2004 and the Special Meeting of February 12, 2004, having previously forwarded to the Board Members, were now placed before them for their Consideration. Councilman Bettina announced that at the Special Meeting of February 12, 2004 he informed Alamo that some of the other ambulances had a routing program and proposed they look into a implementing a routing program into their system in order to save time. This was omitted from the Minutes of February 12th. Councilwoman McCarthy moved that the above stated Minutes as submitted by the Town Clerk be approved as corrected, seconded by Councilman Bettina and unanimously carried. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilwoman McCarthy moved to suspend the rules for the purposes of public comment on agenda items, seconded by Councilman Bettina and unanimously carried. CORRESPONDENCE LOG 2004CL-35 TO 2004CL-64 (See Attached Sheet) PUBLIC HEARING • Public Hearing Amending Town Code for Fines for Violations. DISCUSSIONS • Grinnell Library District Joint Meeting -Board of Trustees—A presentation was made regarding the many services and programs Grinnell Library has provided to the community for the past several years and their future projects. The Library Director announced that 1 03/22/2004.RGM all of the information brought here tonight is also available on the web site. • Gibson Water Connection 74 Lyndon Road .—Jay Paggi, Engineer to the Town informed the Board that he looked at the map and made a sketch of the Gibson residence and would advise to allow this property owner to tie into the Watch Hill Water Improvement area. Mike Tremper of CAMO Pollution announced that Mr. Gibson would be responsible for installing his entire line from our water main and also be required to maintain 600 feet of service. The Town of Fishkill has also agreed to this connection. He must get a road opening permit from both the Town of Fishkill and the Town of Wappinger. The town meter reader would read this meter separately and bill separately. They would be billed $45 for the first 2,500 cubic feet and $1.40 every 100 cubic feet after that. There is no benefit assessment or capital charge. Councilman Valdati moved to authorize Mr. & Mrs. Gibson of 74 Lyndon Road, to connect to the Watch Hill Water District upon the recommendation of Jay Paggi, Engineer to the Town, seconded by Councilman Bettina, and unanimously carried. • Bulk Pickup -Graham Foster, Highway Superintendent informed the board that we will soon be doing our annual bulk cleanup. Now that we offer our residents the Recycle Center on a year round basis, he feels this would be a good time to limit the bulk pickup items to "bulk" items only, such as furniture and appliances. Things that cannot fit in the average car. He sees no reason to pick up children's toys, plastic bags and cardboard boxes. He suggests that when we send out the letters for the annual bulk pickup schedule, we also inform the residents that the recycle center is opened to accept items on a year round basis at no charge to them. This would also save a great deal of man hours. Discussion followed. Councilman Bettina moved to accept the proposed "bulk" items guidelines for 2004 as recommended by Mr. Foster, seconded by Councilwoman McCarthy and unanimously carried. RESOLUTIONS RESOLUTION NO. 2004-083A RESOLUTION TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF WAPPINGER AND THE COUNTY OF DUTCHESS FOR TRANSPORTATION SYSTEM FOR SENIOR CITIZENS AND HANDICAPPED INDIVIDUALS 2 03/22/2004.RGM The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, Article 5G of the General Municipal Law provides joint services to participating municipal corporations and permits contributory funding by the respective municipal corporations according to the amount of services received, and WHEREAS, a joint service transportation system for Senior Citizens and Handicapped individuals in the municipalities of Hyde Park, Fishkill, East Fishkill, Wappinger, Poughkeepsie, Pleasant Valley, LaGrange, Red Hook, Beekman and the City of Poughkeepsie will cost $180,619.56 for a one (1) year period, and WHEREAS, the Dutchess County Legislature by resolution, has authorized the establishment of a Transportation System for senior citizens and handicapped individuals to serve the ten (ten) municipalities of Hyde Park, Fishkill, East Fishkill, Wappinger, Poughkeepsie, Pleasant Valley, LaGrange, Red Hook, Beekman and the City of Poughkeepsie and; WHEREAS, the Town of Wappinger ("Town") had previously entered into an Agreement with the County of Dutchess ("Dutchess") providing a joint service transportation system for senior citizens and handicapped individuals; and WHEREAS, said agreement has been amended and extended from time to time; and WHEREAS, the Town desires to extend the term of said Agreement for an additional period of one (1) year at a cost to the Town not to exceed the sum of Thirty Three Thousand, Two Hundred Forty Three and 84/100 ($33,243.84). 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 hereby accepts the terms and conditions set forth and contained in the Extension Agreement, by and between the County of Dutchess and the Town of Wappinger, providing a joint service transportation system for senior citizens and handicapped individuals. 3. The Supervisor of the town, Hon. Joseph Ruggiero is hereby directed and authorized to execute the Extension Agreement, a copy of which is affixed hereto by and on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye 3 03/22/2004.RGM Joseph Paoloni Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-129 RESOLUTION AUTHORIZING ACCEPTANCE OF SUBDIVISION BOND FOR PARCEL 1, SECTION 2 OF THE MEADOWOOD SUBDIVISION The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, Peter Paggi of Paggi, Martin & DelBene by letter dated February 14, 2004 determined the amount necessary to be posted to secure a Performance Agreement for the improvement required in connection with the Meadowood Subdivision Parcel 1, Section 2 in the Town of Wappinger, a copy of said Bond Calculation is attached hereto; and WHEREAS, the bond calculation has determined that the total amount of the Bond shall be One Million, Seven Hundred and Fifty Thousand, and Sixty Two Dollars ($1,750,062.00). 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. The Town Board hereby resolves that it will accept a Performance Agreement secured by a Surety Bond in the sum of One Million, Seven Hundred and Fifty Thousand, and Sixty Two Dollars ($1,750,062.00) to guarantee the construction of various improvements to be made in connection with development of the Meadowood Subdivision Parcel 1, Section 2. 3. The Performance Agreement secured by a Surety Bond in the amount of One Million, Seven Hundred and Fifty Thousand, and Sixty Two Dollars ($1,750,062.00) shall be subject to acceptance in such form as approved by the Attorney to the Town of Wappinger 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. 2004-130 RESOLUTION AUTHORIZING THE ADOPTION OF LOCAL LAW NO. 5 OF THE YEAR, 2004, AMENDING CHAPTER 122 OF THE TOWN OF WAPPINGER CODE TO AMEND THE TITLE OF CHAPTER 122 AND 4 03/22/2004.RGM TO INCLUDE A SCHEDULE OF FINES FOR VIOLATIONS OF THE TOWN CODE The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, a Resolution was duly adopted by the town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. 5 of the Year 2004, Amending Chapter 122 of the Town of Wappinger code to amend the title of Chapter 122 and to include a schedule of fines for violations of the Town Code" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the Official newspaper of the Town, and the Poughkeepsie Journal; and WHEREAS, a Public Hearing was held on March 22, 2004 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to environmental review, and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law. NOW, THEREFORE, BE IT RESOLVED: 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 the Local Law entitled "Local Law No. 5 of the Year 2004, Amending Chapter 122 of the Town of Wappinger Code to amend the title of Chapter 122 and to include a schedule of fines for violations of the Town Code", a copy of which is attached hereto and made a part of this Resolution 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law. 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. 2004-131 5 03/22/2004.RGM RESOLUTION REQUESTING N.Y.S.D.O.T TO MINIMIZE IMPACTS TO ROUTE 9D DURING CONSTRUCTION ON ROUTE 9 The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Village of Wappingers Falls, is located partially within the Town of Poughkeepsie and partially within the Town of Wappinger; and WHEREAS, Route 9 and Route 9D, two major highways, pass through the Village of Wappingers Falls and the Town of Wappinger in a general north and south direction; and WHEREAS, Route 9D is a two-lane highway and Route 9 is a six -lane highway north and south of the Village, however, said highway is reduced through a portion of the Village to a two lane highway in the south direction resulting in a "bottle neck" effect causing numerous traffic delays and traffic back-ups; and WHEREAS, it appears that the State of New York is about to undertake various improvements to Route 9 in an attempt to alleviate the traffic congestion in the "bottle neck" area and it is anticipated that when construction commences on Route 9, traffic will be rerouted to Route 9D in order to by-pass the areas under construction on Route 9 and; WHEREAS, Route 9D makes a 90 degree turn in the center of Village of Wappingers Falls where Route 9D traverses the Wappinger Creek; and WHEREAS, Route 9D is and has been a heavily traveled road through both the Village and Town and increasing the traffic Load on Route 9D through the Village will cause and create an additional traffic hazard resulting in numerous safety concerns for both vehicular and pedestrian traffic; and WHEREAS, the Town Board of the Town of Wappinger recognizes the traffic problems on Routes 9 and 9D and that both highways pass through the Town of Wappinger; and WHEREAS, the Town Board further acknowledges that both roads are very heavily traveled and any delays caused by construction activities on Route 9 will have a serious impact on both the residents of the Village of Wappingers Falls and the Town of Wappinger. 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 requests that New York State Department of Transportation consider the impacts of rerouting traffic from Route 9 to Route 9D during construction activities and to make provisions to permit large motor vehicles, such M 03/22/2004.RGM as tractor trailers, dump trucks, buses and other vehicles of similar nature, to continue to travel Route 9 during periods of construction so as to minimize the impact of rerouted traffic through the Village of Wappingers Falls and the Town of Wappinger. 3. The Town Board by adoption of the resolution hereby expresses its concerns that any rerouting of traffic from Route 9 onto Route 9D through the Village of Wappingers Falls will create additional traffic hazards and jeopardize the safety of both vehicular and pedestrian traffic for both residents of the Village of Wappingers Falls and the Town of Wappinger. 4. The Town Board further requests that the New York State Department of Transportation study the possibility of permanently prohibiting truck, tractor trailers, dump trucks and other heavy vehicles from traveling on Route 9D through the Village of Wappingers Falls, except for local deliveries, upon the conclusion of the reconstruction of Route 9. 5. The Town Clerk is hereby directed to send a copy of the Resolution to Robert Dennison of the N.Y.S.D.O.T., Burnett Blvd., Poughkeepsie, New York 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. 2004-132 RESOLUTION AUTHORIZING CHANGE ORDER NO.2 FOR 99- 2R CONTRACT NO. 7: CLEARWELL AND PUMP INSTALLATION The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy WHEREAS, the Engineers to the Town, Paggi, Martin & Del Bene have approved Completion Change Order No. 2 for Wappinger Water Improvement Area- 1 999-2R-7: Clearwell and Pump Installation as per a letter dated February 26, 2004, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth ate incorporated in this Resolution as if fully set forth and adopted herein. 7 03/2212004.RGM 2. The Town Board hereby approves completion change order No. 2 to Wappinger Water Improvement Area -1999-2R, Contract No. 7: Clearwell and Pump Installation between the Town and Weltech Construction Corporation at no additional cost for the reasons set forth in the letter dated February 26, 2004 from Joseph E. Stankavage of Paggi, Martin & DelBene to 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. 2004-133 RESOLUTION AUTHORIZING RECREATION TO ADVERTISE BIDS FOR TICK SPRAYING The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, Recreation Secretary Peggy Roe has requested permission to advertise for bids for tick spraying for all Town parks, in accordance with her letter dated February 26, 2004 to the Town Board. 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 hereby authorizes Recreation Secretary Peggy Roe to advertise for tick spraying for all Town parks, in accordance with her letter dated February 26, 2004 to 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. 2004-134 RESOLUTION AUTHORIZING ESCROW REFUND FOR MATHEWS PROPERTY LOCATED ON ROUTE 9D The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. 03/22/2004.RGM WHEREAS, on or about May 22, 2001, Edapara Mathews deposited Two Thousand and 00/100 ($2,000.00) to the Town of Wappinger for a subdivision escrow for the property located on Route 91); and WHEREAS, Edapara Mathews have requested a refund in the amount of Six Hundred, Eighty -Four Dollars and 45/100 ($684.45). 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 Six Hundred, Eighty - Four Dollars and 45/100 ($684.45) made payable to Edapara Mathews, Account Number 01-5947, for the refund of unused escrow for the property located on Route 9D. 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. 2004-135 RESOLUTION AUTHORIZING DOG CONTROL OFFICER TO ATTEND CONFERENCE The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town Board wishes to authorize Jerald Owen, Dog Control Officer, to attend the Animal Control Officers and Shelter Personnel Academy at the Delhi State University of New York College of Technology on May 18, 19, and 21, 2004. NOW, THEREFORE, BE IT RESOLVED, that Jerald Owen, Dog Control Officer is hereby authorized to attend the Animal Control Officers and Shelter Personnel Academy at Delhi State University of New York College of Technology on May 18, 19, 20, and 21, 2004, at a cost not to exceed Two Hundred Dollars ($200) for registration. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy Joseph Paoloni, Councilman Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-136 03/22/2004.RGM RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. BE IT FURTHER RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and place on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert 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. 2004-137 RESOLUTION AUTHORIZING RESIDENT JAMES LILLIS CONNECTION TO THE CENTRAL WAPPINGER WATER DISTRICT The. following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, James Lillis resides and owns property at 8 Bell Air Lane; and WHEREAS, Mr. Lillis' property is situated outside the Central Wappinger Water District; and WHEREAS, Mr. Lillis has requested authorization to have his property connected to the Central Wappinger Water District as a Tenant; and WHEREAS, Mr. Lillis has provided a copy of his Dutchess County Department of Health Bacterial Examination of Water and has demonstrated hardship. 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. James Lillis, residing and owning property at 8 Bell Air Lane, Town of Wappinger, New York, is hereby authorized to connect to the Central Wappinger Water District as a Tenant, effective upon the Town's receipt of an executed Central Wappinger Water District Tenant Agreement and payment of requires fees. 3. James Lillis will pay the same water/sewer charge for capital and O&M that is paid by District residents. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman 10 Voting Aye Voting Aye A 03/22/2004.RGM Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted NEW BUSINESS/CONEVIENTS Councilman Bettina announced that there was a dead deer on the corner of Middlebush Road and Route 9 and wished to know who to contact to remove the animal. Al Roberts, Attorney to the Town answered, that it must be determined where it was killed, and where it ended. Councilman Bettina requested Vincent Fabiano to contact the State Police on this matter. At this time 8:30 p.m. Councilwoman McCarthy moved to go into Executive Session to discuss a legal issue, seconded by Councilman Bettina and unanimously carried. The meeting reconvened at 8:44 p.m. with all board members in attendance. There was no action taken in Executive Session. Councilwoman McCarthy moved to close the meeting seconded by Councilman Paoloni and unanimously carried. The meeting adjourned at 8:44 p.m. 11 en, J. M se l Town Board Correspondence Log Document # To From Date Received Re 2003CL - 0050 Town Comptroller, Geral Joseph E. Stankavage 2/23/04 2/27/04 Wappinger Water Imporvement 2003CL - 0036 Supervisor Joseph Ruggie Carl S. Wolfson Town Ju 3/2/04 3/8/04 Town Justice Report 2003CL - 0037 Dutchess County Health Joseph E. Paggi 3/4/04 3/8/04 Central Wappinger Water Improt Building Inspectopr's Report for thf 2003CL - 0057 Assessor Tom Odonnell 2/11/04 2/17/04 2004 -Tentative Residential Assessi 2003CL - 0038 H. Ossterhoudt Excavatin Joseph E. Stankavage 3/9/04 3/10/04 Proposed Wappinger Park Water 2003CL - 0039 Supervisor Joseph Ruggie Craig S. Kominoski, Real 2/11/04 2/27/04 Residential Assesment Ratio 2003CL - 0040 Ronald B. Gehring, Permi Joseph Stankavage 2/2/04 3/04/04 Wappinger Park Water Improver 2003CL - 0041 Selective Insurance, Tim Charles R. Del Bene, Jr, P 2/2/04 3/04/04 Chrales March 2003CL - 0042 Joseph Ruggiero, Supervi George Kolb, Building In 3/03/04 3/4/04 Building Inspector's Report for ti 2003CL - 0043 Mr. William Povall, P.E. Tatiana Lukianoff, Zonin 3/3/04 3/4/04 Grading Permit for Airport Driv( 2003CL - 0044 Albert Roberts Joseph Paggi, J.R. 2/20/04 2/27/04 Meadwood Subdivision Section 2003CL - 0045 Joseph E, Stankavage Ronald B. Gehrig 2/23/04 2/27/04 Wappinger Park Water Improve 2003CL - 0046 Charles R. DelBene, Jr. P. Beth Doyle 2/20/04 2/27/04 Bid Documents for Wappinger N 2003CL - 0047 Joseph Stankavage Ronald Gehrig 2/23/04 2/27/04 Wappinger Park Water Improve: 2003CL - 0035 Gloria Morse Barhumbug, Inc by Jeanet 2/2/04 2/05/04 On Premises Liquor License Apl 2003CL - 0049 Gloria Morse, Town Cler Tatiana Lukianoff, Zonin 2/24/04 2/27/04 Timber Harvesting Application- 2003CL - 0064 Joseph Ruggiero, Supervi Marco Caviglia 2/10/04 2/17/04 Status of Dispositions at Town c a 2003CL - 0051 Joseph Ruggiero, Supervi Zoning Board of Appeals 2/1/04 2/27/04 Monthly Report ZBA and Plann 2003CL - 0052 Joseph Ruggiero, Supervi Richard Swanson, COO 2/24/04 2/27/04 Camwath Fames -Wheeler Hill Roar 2003CL - 0053 Albert Roberts,Town Alto Charles Del Bene 2/18/04 2/23/04 Wappinger Water Improvement An 2003CL - 0054 Joseph Ruggiero, Supervi Roger Connor, Cablevisio 2/18/04 2/23/04 HDTV programming on iO 2003CL - 0055 Joseph Ruggiero, Supervi Micheal Tremper, CAMO 2/17/04 2/20/04 Broken Fire Hydrant-Laerdal Fire l 2003CL - 0056 Joseph Ruggiero, Supervi George Kolb, Building In 2/03/04 2/05/04 Building Inspectopr's Report for thf 2003CL - 0057 Assessor Tom Odonnell 2/11/04 2/17/04 2004 -Tentative Residential Assessi 2003CL - 0058 Joseph Ruggiero, Supervi Emil Panichi, President of 1/30/04 2/12/04 Vincent Nunziato head of Municip 2003CL - 0059 Joseph Ruggiero, Supervi Heather Kitchen, Town Ju 1/22/04 2/17/04 Town Justice Report 2003CL - 0060 Gloria Morse, Town Cler Glen F. Kubista 2/17/04 2/18/04 Violet Creek Restaurant Corp. 2003CL - 0061 Tim Serino, President of Tatiana Lukianoff, Zonin 2/12/04 2/17/04 Use Determination for Giggles 2003CL - 0062 Marco Caviglia Richard Cantor 2/13/04 2/17/04 Raspler Fine Homes/Wetland Issu 2003CL - 0063 Ms. Brady NYSDL Albert Roberts, Town Att 2/12/04 2/17/04 Town of Wappinger, Linda Tasad 2003CL - 0048 Joseph Ruggiero, Supervi Roger Connor, Cablevisio 2/20/04 2/27/04 Latest changes to IO service Wednesday, March 17, 2004 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. Xlliy of-----Wap_pingeT------------------------------------------------------------ Town qp5 _____ of the year 20Q4 -- Local Law No._15 ------------------------------ "Local Law No, --- 2'0-Q A local law -gat - - -- - -- --- - -- - fJnren Till,) of _the _Yown__of__Wappng�x _ �szsle__�o__atnen�l_ the__�i_tla_Q�_Chaptex__122_and to include a schedule of fines__for_violations_of_the_ Town _Code"____ Be it enacted by the --- Toremo�$oar��oa,,�---------------------------- - ---- ------------------------------ of the fNamc Mid as follows: 04 of-----wap�pin ez--------------------------------------------- ---------------- Town VIRIM TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS ?39 (Rev. ,11/99) LOCAL LAW NO. #5 OF THE YEAR 2004 A Local Law entitled "Local Law No. #9 of the Year 2004, Amending Chapter 122 of the Town of Wappinger Code to amend the title of Chapter 122 and to include a schedule of fines for violations of the Town 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. #5 of the Year 2004, Amending Chapter 122 of the Town of Wappinger Code to amend the title of Chapter 122 and to include a schedule of fines for violations of the Town Code" and by the adoption thereof, shall amend Chapter 122 to amend the title of Chapter 122 from "Fees" to "Fees and Fines", to include a new Article, Article V, which shall include a Schedule of Fines charged by the Town for:violations of various sections of the Town Code, and which shall also amend various sections of the Town Code, and which shall also increase and/or modify some of the fines imposed by the Town. Section H: Legislative Intent: The Town Board has determined that it is in the',best interest of the Town and its residents to clearly and concisely enumerate the fines charged by the Town for violations of various sections of the Town Code. The Town Board has further determined that some of the Imes imposed by the'r own should be raised in order to deter violations of the Town Code, and to help protect the health, safety and welfare of Town residents. Accordingly, it is the determination of the Town Board that Chapter122 of the Town of Wappinger Code should be amended to alter the title of the Chapter from "Fees", to "Fees and Fines", to include a new Article, known as "Article V", "Schedule of Fines", to enumerate, and, in some instances, �\Vsrpo3\Common\Wappineer\Town Board\LOCAL LA V\Fines\Local Law -Resolution -Public hrgnotice.doc i February 18, 2004 I increase the fines charged by the Town for violations of various sections of the Town Code. It is the further determination of the Town Board that other sections of the Town Code which reference fines for various violations of the Code should be amended to make reference to the new article (Article V) of Chapter 122 of the Code. Section III: The Town of Wappinger Code, Chapter122 ("Fees") is hereby amended by changing the title of the Chapter from "Fees" to "Fees and Fines" and by adding the following Article, "Article V", "Schedule of Fines", which shall appear in Chapter 122 of the Town of Wappinger Code following Article IV of Chapter 122 as follows: Article V Schedule of Fines §122-18. Purpose. This article proposes to provide a consolidated schedule of fines to be charged by the Town of Wappinger in the enforcement of town laws, ordinances, regulations and local law and to permit periodic review and modification of such fines by the Town Board by local law adopted in accordance with this chapter. §122-19. Applicability. The fines set forth in this article shall apply to the provisions of all local laws, ordinances, regulations and resolutions adopted by the Town of Wappinger and shall supersede any specific fine contained or referred to in such laws, ordinances, regulations or resolutions which have been adopted prior to the date of this article. References to section numbers (denoted by the "§" svmbol) within section 122-20 of this article refer -to sections of the Code of the - — — Town of Wappinger from which the particular fine in question is derived. If no section number is indicated for a particular fee, that fine was enacted at the time of adoption of this article by local law. §122-20. Fine Schedule. The fine schedule shall be as follows: A. Chapter 1. General Provisions. (1) §1-10. Fine: Mandatory: $250.00 \\Vsrp03\Common\WappingenToon Board\LOCAL LAW\Fines\Local Law -Resolution -Public hrg notice.doc February 18.2004 ilow B. Chapter 24. Fire Prevention Bureau. (1) §24-5.A. Fine: Minimum: $100.00 Maximum: $500.00 Plus Civil Penalty: Maximum: $250.00 C. Chapter 64. Alcoholic Beverages. (1) §64-6. Fine: See New York State Penal Law §80.05(4) D. Chapter 68. Animals. (1) §68-12. Fine: Minimum: $50.00 Maximum: $250.00 Plus civil penalties: 1St offense: Minimum: $100.00 Maximum: $300.00 2nd and subsequent offense: Minimum: Maximum E. Chapter 69. Removal of Canine Waste. (1) §69--6.- Fine: 1St offense: Mandatory: nd fprse: Manr3�fnr tr 2 of __ 3`d and subsequent offense: Mandatory: F. Chapter 71. Assemblies, Mass Public. (1) §71-10. Fine: Minimum: $100.00 Maximum: $1000.00 Plus civil penalty: Mandatory: $100.00 \\Vsrp03\Common\Wappinger\To\vn Board\LOCAL LAW\Fines\Local Law -Resolution -Public hrg notice.doc February 18, 2003 $200.00 S600-00- $25.00 Q cry nn $100.00 G. Chapter 80. Blasting. (1) §80-10. Fine: Minimum: $500.00 Maximum: $1000.00 H. Chapter 89. Buildings, Numbering of. (1) §89-4. Fine: Maximum: $250.00 I. Chapter 93. Unsafe Buildings. (1) §93-13. Fine: Minimum: $100.00 Maximum: $500.00 J. Chapter 101. Condominiums. (1); §101-5. Fine: Maximum: $250.00 K. Chapter 114. Electrical Standards. (1) § 114-7. Fine: Minimum: Q3nn n Maximum: $500.00 L. Chapter 126. Firearms. (1) §126-3. Fine: 151 offense: Mandatory $250.00 \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fines\Local Law -Resolution -Public hrg notice.doc February 18. 3004 m 2nd and subsequent offense: Minimum $250.00 Maximum $1000.00 M. Chapter 127. Fires. (1) §127-9. Fine: I" offense: Maximum: $250.00 2nd offense: Minimum: $350.00 Maximum: $700.00 3rd and subsequent offense: Minimum: $700.00 Maximum: $1000.00 N. Chapter 133. Flood Damage Prevention. (1) §133-8. Fine: Minimum: $100.00 Maximum: $250.00 O. Chapter 137. Freshwater Wetlands. (1) §137-15. Fine: 1St offense: Minimum: - Maximum: -$1000.00 end and subsequent offense: Minimum: $1000.00 Maximum: $2000.00 P. Chapter 141. Games of Chance. (1) § 141-4. Fine: _ Maximum: - - _ $250.00 \\Vsrp03\Common\Wappingcr\Town Board\LOCAL LAW\Fines\Local Law -Resolution -Public hrg notice.doc February 18, 2004 Q. Chapter 143. Garage and Yard Sales. (1) §143-10. Fine: 1St offense: Maximum: $100.00 2nd and subsequent offense: Maximum: $250.00 R. Chapter 145. Go Carts. (1) § 145-6. Fine: Mandatory: $100.00 Plus civil penalty: Minimum: $250.00 Maximum: $500.00 S. Chapter 153. Junkyards. (1) §153-10.- Fine: Minimum: $250.00 Maximum: $500.00 Plus civil penalty: Minimum: $250.00 Maximum: $500.00 T. Chapter 166. Noise (1) § 166-3. Fine: Minimum: Maximum: U. Chapter 171. Parks and Recreation. (1) §171-6. Fine: Maximum: --swo-n0 $250.00 $250.00 \\V5rp03\Common\Wappinger\Town Board\LOCAL LAW\Fines\Local Law -Resolution -Public hrg notice.doc February 18.'-004 rr.. V. Chapter 175. Peddling and Solicitation. (1) §175-14. Fine: 15t offense: Mandatory: $100.00 2nd offense: Mandatory: $200.00 3rd and subsequent offense: Mandatory: $250.00 W. Chapter 180. Property, Municipal. (1) §180-3. Fine: Mandatory: $250.00 X. Chapter 192. Service Pipes, Sewer and Water. (1) §192-4. Fine: Mandatory: $250.00 Y. Chapter 196. Sewers. (1) §196-22. Fine: Mandatory: $1000.00 per day Z. Chapter 200. Signs. 1) §200-2. Fine:- - Mandatory: $250.00 AA. Chapter 206'. Soil Erosion and Sediment Control. (1) §206-16. Fine: Minimum: $ 50.00 Maximum: $250.00 \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fines\Local Law -Resolution -Public hrg notice.doc February 18. 2004 BB. Chapter 210. Solid Waste. (1) §210-5. Fine: Minimum: $250.00 Maximum: $500.00 (2) §210-10. Fine: Minimum: $250.00 Maximum: $500.00 (3) §210-15. Fine: Minimum: $250.00 Maximum: $500.00 CC. Chapter 214. Streets and Sidewalks. (1) §214-16. Fine: Maximum: $250.00 Plus civil penalty: Mandatory: $100.00 (2) - §214-24. Fine: Maximum:_._._ _. -- —__.— --$250.00 (3) §214-35. Fine: 1" offense: Mandatory: $250.00 Plus civil penalty: Mandatory, $250.00 2"d and subsequent offense: Mandatory: $500.00 Plus civil penalty: Mandatory: $500.00 (4) Drainage Violation. Fine: Minimum: $100.00 Maximum: $250.00 \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fines\Local Law -Resolution -Public hrgnotice.doc February 18, 2004 rrr DD. Chapter 225. Timber Harvesting. (1) §225-6. Fine: Minimum: Maximum: $250.00 $500.00 EE. Chapter 230. Vehicle and Traffic. (1) §230-31. Fine: lst offense: Minimum: $50.00 Maximum: $100.00 2nd offense: Minimum: $100.00 Maximum: $200.00 3`d and subsequent offense: Minimum: $150.00 Maximum: $300.00 (2) §230-34. Fine: lst offense: Minimum: $50.00 Maximum: $100.00 2nd offense: Minimum: $100.00 Maximum: $200.00 3`d and subsequent offense: Minimum: Maximum: FF. Chapter 234. Water. (1) §234-15. Fine: Minimum: $250.00 Maximum: $1000.00 (2) §234-54. Fine: Minimum: $250.00 Maximum: $1000.00 Wsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fines\Local Law -Resolution -Public hrgnotice.doc February 18, 2004 $150.00 $300.00 GG. Chapter 240. Zoning. (1) §240-106.C. Fine: lst offense: Ind offense: Minimum: $50.00 Maximum: $350.00 Minimum $350.00 Maximum: $700.00 3`d and subsequent offense: Minimum: $700.00 Maximum: $1000.00 §122-21. Periodic Review. The Town Board may periodically review the fee schedule set forth in this article and may, by local law, after public hearing for which notice shall be given 10 days prior, amend the fees set forth herein. Section IV: Amendments to the Code. The following provisions of the Code are also amended: Section 1-10 entitled "Penalties for tampering with Code", is hereby amended to read as follows: "Any person who; without authorization from the Town Clerk, changes or amends, by additions or deletions, any part -or _portion of the Code of the Town of Wappinger or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Wappinger to be misrepresented thereby or who violates any other provisionof-this-local law shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine in the amount set forth in Chapter 122, Article V, Section 122-20.A of the Code or imprisonment for a term of not more than 15 days, or both." 2. Section 24-5.A is hereby amended to read as follows: "Failure to comply with any provision of the New York State Uniform Fire Prevention and Building Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation, and the violator shall be liable for a fine in the amount set forth in Chapter 122, Article V, Section 122-20.B of the Code or imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation. Any person found to be in violation shall also be subject to civil penalties in the amount set forth in Chapter 122, Article \\vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fines\Local Law -Resolution -Public hrgnotice.doc February 18. 2004 V, Section 122-20.B of the Code per day for each day any violation continues, and each day shall constitute a separate violation." 3. Section 68-12.A is hereby amended to read as follows: "Any person convicted of a violation of this article and/or § 119 of the Agriculture and Markets Law shall be deemed to have committed a violation and shall be subject to a fine in the amount set forth in Chapter 122, Article V, Section 122-20.D of the Code or imprisonment for a period not to exceed 15 days." 4. Section 68-12.B is hereby amended to read as follows: "Every person violating any provisions of this article shall also be subject to a civil penalty in the amount set forth in Chapter 122, Article V, Section 122-20.D of the Code." 5. Section 69-6 entitled "Penalties for offenses" is hereby amended to read as follows: "A conviction of a violation of this chapter shall constitute a violation punishable by a fine or civil penalty in the amount set forth in Chapter 122, Article V, Section 122- 20.E of the Code." 6. Section 71-10.B is hereby amended to read as follows: "For each violation of a provision of this chapter the person violating the same shall be guilty of a violation and shall be subject to a fine in the amount set forth in:Chapter 122, Article V, Section 122-20.1 of the Code or imprisonment not to exceed one year or both such fine and imprisonment; provided, however, that fines for corporations shall be those specified in Penal Law §80.10, for which a term of imprisonment in excess of three months is authorized, or, in the alterative, any higher amount not exceeding double the amount of the corporation's gain from the commission of the offense." 7. Section 71-10.0 is hereby amended to read as follows: Yarm" violating this chapter shall v% N subject to a civil penalty anon eable aiiu — collectible by the town in the amount set forth in Chapter 122, Article V, Section 122- 201 of the Code for each offense." S. Section SO -10 entitled "Penalties for offenses," is hereby amended to read as follows: "Any person violating any of the provisions of this chapter, or failing to comply therewith, shall be guilty of a violation and, upon conviction, shall be punished by imprisonment for a term of not more than one year or by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.G of the Code, or both such fine and imprisonment. Each violation of any provision of this chapter shall be a separate and \\VsrP03\Common\Wappineer\Town Board\LOCAL LAW\Fines\Local Law-Resoludon-Public hrgnorice.doc February 18. 3004 distinct offense, and, in case of continuing violation, each day such violation shall be permitted to exist shall constitute a separate offense." 9. Section 89-4 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person who fails to erect the building number as heretofore required in a proper location within the time periods prescribed, or who allows the number to be removed without replacing the same, within five days after notification of violation, shall be deemed in violation of this chapter. A violation of this chapter shall be a violation and the property owner or tenant shall be subject to a fine in the amount set forth in Chapter 122, Article V, Section 122-20.H of the Code or by imprisonment for not more than 15 days, or both such fine and imprisonment." 10. Section 93-13 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person, firm or corporation who shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.I of the Code or imprisonment for not more than 15 days, or both." 11.' Section 101-5 entitled "Penalties for offenses" is hereby amended to read as follows: "Any condominium association which fails to register as required herein shall be .guilty of a violation and may be fined a sum in the amount set forth in Chapter 122, Article V, Section 122-20.J of the Code per violation. Each week that the alleged failure to register shall be found to have occurred shall be deemed a separate and distinct offense." 12..Section-I 14-7 entitled "Penalties for offenses" is hereby amended to read:as-follows: "Any person, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall be guilty -of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.K of the Code or imprisonment for not more than 15 days, or both. Each day on which such violation continues shall constitute a separate offense." 13. Section 126-3 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person found guilty of a first offense of this chapter shall be deemed guilty of a violation and shall be fined a sum in the amount set forth in Chapter 122, Article V, Section 122-20.L of the Code or be imprisoned for a period not exceeding 15 days, or both, and any person found guilty of a second or subsequent infraction of this Chapter shall be guilty of an unclassified misdemeanor and shall be subject to imprisonment not exceeding one year or a fine in the amount set forth in Chapter 122, Article V Section 122-20.L of the Code, or both." \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\Fines\Local Law- Resolution -Public hrg notice.doc February 18, 2004 14. Section 127-9 entitled "Penalties for offenses" is hereby amended to read as follows: "A first violation of this chapter shall be an offense, punishable by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.M of the Code, or imprisonment for a period not to exceed 10 days, or both. A second or subsequent offense of any provision of this chapter within five years of the first offense shall be punishable by a fine in the amount set forth in Chapter 122, Article V, Section 122- 20.M of the Code or imprisonment for a period not to exceed 6 months, or both. In addition to these penalties, the Town authorities shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter." 15. Section 133-8 entitled "Penalties for offenses" is hereby amended to read as follows: "No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without frill compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined in the amount set forth in Chapter 122, Article V, Section 122-20.N of the Code or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Wappinger from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §§133-19 and 133-20 will be declared noncompliant and notification sent to the Federal Emergency Management -Agency." 16. Section 137-15.B is hereby amended to read as follows: "Criminal sanctions. Any person who violates an order, permit or rule or regulation of the agency regulating freshwater wetlands and adjacent areas pursuant to this chapter shall be guilty of a violation and shall, for the first offense be punishable by a fine in the amount set forth in Chapter 122,Article Vof the , e. For a second and each subsequent 'offense, he or she shall be guilty of a violation and shall be punishable by a fine in the amount set forth in Chapter 122, Article V Section 122-20.0 of the Code or a term of imprisonment of not less than 15 days nor more than 6 months, or both. Instead of these punishments, any offender may be punished by being ordered by the court to restore the affected freshwater wetland to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the agency. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense." \\VSrp03\Common\Wappinger\Town Board\LOCAL LAWTines\Local Law -Resolution -Public hrg notice.doc February 18, 2003 17. Section 141-4 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person, firm or corporation who or which shall violate any of the provisions of this Chapter or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.P of the Code or imprisonment for not more than 15 days, or both." 18. Section 143-10.B is hereby amended to read as follows: "Any person who or which violates any provision of this chapter or any lawful order made pursuant to this chapter shall be subject to the payment of a fine. Such persons shall include, but not be limited to, the person(s) who applied for the garage sale permit, the owner and occupant of the premises specified on the garage sale permit application form, and all persons participating in and all premises used for the garage sale. The amount of said fine shall be as set forth in Chapter 122, Article V, Section 122-20.Q of the Code. Each day that the violation continues shall constitute a separate and distinct violation." 19. Section 145-6.B is hereby amended to read as follows: "For every violation of any provision of this chapter, the person violating the same shall be subject to a fine in the amount set forth in Chapter 122, Article V, Section 122-20.R of the Code or imprisonment not exceeding 30 days, or to both such fine and imprisonment." 20. Section 145-6.0 is hereby amended to read as follows: "Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the town in the amount set forth in Chapter 122, Article V, Section 122- - --- — 20.R of the Code for each such offense." 21. Section 153-10 entitled "Penalties for offenses" is hereby amended to read as follows: person, ;;.;,1 or corporation who or wLI—' —'-_" L�: ��ra�l violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.S of the Code or imprisonment for not more than 15 days, or both. In addition thereto, the Town Board, in its discretion, after due notice and opportunity for a hearing, may terminate any license previously issued to any junkyard licensee found guilty of three offenses within 18 months." \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAMFines\Local Law -Resolution -Public hrgnotice.doc February 18. 2004 22. Section 166-3 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.T of the Code or imprisonment for not more than 15 days, or both. Each day's violation shall constitute a separate offense." 23. Section 171-6 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.0 of the Code or imprisonment for not more than 15 days, or both." 24. Section 175-14 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall be guilty of a violation and shall, for a first or second offense, be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.V`of the Code. For a third offense or more, the violator shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.V of the Code or imprisonment for not more than 15 days, or both. Each day on which such violation continues shall constitute a separate offense." 25. Section 180-3 entitled "Penalties for offenses" is hereby -amended to read as follows: "Any person, firm or corporation who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto -shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.W of the Code or imprisonment for not more than 15 days, or both." 26. Section 192-4 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, rticle V, Section 122-20.X of the Code or imprisonment for not more than 15 days, or both." \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAMFines\Local Law -Resolution -Public hrg notice.doe February 18, 2004 27. Section 196-22.B is hereby amended to read as follows: "Any person who shall continue any violation beyond the time limit provided for in subsection A shall be guilty of a violation and, on conviction thereof, shall be fined in the amount set forth in Chapter 122, Article V, Section 122-20.Y of the Code per day for each violation. Fees will continue to be levied until the violation has been corrected to the satisfaction of the Superintendent and/or other authorized personnel as cited in § 196-21 A." 28. Section 200-2 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.Z of the Code or imprisonment for not more than 15 days, or both." 29. Section 206-16 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person, firm or corporation who or which violates, neglects, omits or refuses to comply with any provision of this chapter or any permit or exception granted hereunder or any lawful requirement of the Zoning Administrator shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.AA of the Code or imprisonment for not more than 15 days, or both. To promote compliance with the provisions of the chapter, each day that a violation continues, following notification, shall be deemed a separate offense. The imposition of any fine shall not exempt the offender from further compliance with the provisions of the chapter." 30. Section 210-5.A is hereby amended to read as follows: "Any person, firm or corporation who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.BB(1) of the Code or imprisonment for not more than 15 days, or both. Each such deposit of waste mat�1 nn -ands within the Town of wappinger not established as a public dump, dumping grounds, refuse disposal area or landfill site shall constitute a separate violation of this article. Each day such lands are so used as a dump, dumping ground, refuse disposal area or landfill site shall constitute a separate violation. Each separate violation shall punishable as herein set forth.,, 31. Section 210-10.A is hereby amended to read as follows: "Violation. Any person, firm or corporation who or which commits, causes or permits any acts in violation of any of the provisions of this article or any rule or regulation Wsrp03\COMMon\Wappinger\Town Board\LOCAL LAW\Fines\Local Law -Resolution -Public hrg notice.doc February 18, 3004 made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.BB(2) of the Code or imprisonment for not more than 15 days, or both." 32. Section 210-15 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person, firm or corporation who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.BB(3) of the Code or imprisonment for not more than 15 days, or both. Each day of continued violation of this article, after written notice thereof, shall constitute a separate additional violation. In addition, the town may also institute an action or proceeding, including an injunction, to compel compliance with or prevent violations of this article." 33. Section 214-16.A is hereby amended to read as follows: "Any person who shall violate any of the provisions of this article or any rule or regulation made pursuant thereto or fail to comply with any condition imposed by the permit or fail to comply with any lawful order of the Superintendent or to discharge any duty imposed by this article shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.CC(1) of the Code or imprisonment for not more- than 15 days, or both. Each day any such violation shall continue shall constitute a separate and distinct offense." 34. Section 214-16.B is hereby amended to read as follows: "Any person violating this article shall_besubject.to a civil penalty enforceable and collectible by the town in the amount set forth in Chapter 122, Article V, Section 122- 20.CC(1) of the Code for each such offense. Such penalty shall be collectible by and in the name of the town for each day that -such violation shall continue." 35. Section 214-24 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person, firm or corporation who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.CC(2) of the Code or imprisonment for not more than 15 days, or both. Each day on which such violation continues shall constitute a separate offense." \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAWFines\Local Law -Resolution -Public hrg notice.doc February 18, 2004 M. Section 214-35 entitled "Penalties for offenses" is hereby amended to read as follows: "Any developer who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122- 20.CC(3) of the Code or imprisonment for not more than 15 days, or both." 37. Section 225-6.E is hereby amended to read as follows: "The Town Justice may, after a hearing at which the testimony and witnesses of the enforcement officer and the violator shall be heard, fine the violator in the amount set forth in Chapter 122, Article V, Section 122-20.DD of the Code per violation or imprison him for a period of not more than 15 days, or both. Each continued day of violation shall constitute a separate violation." 38. Section 230-31 entitled "Penalties for offenses" is hereby amended to read as follows: "A person operating any vehicle in violation of the article herein described, or the owner or operator of any vehicle which is otherwise in violation of this article, shall be subject to punishment by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.EE(1) of the Code or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of 18 months, such person shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.EE(1) of the Code or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of 18 months, such person shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.EE(1) of the Code or by imprisonment for not more than 90 days, or by both such fine and imprisonment." 39. Section 230-34 entitled "Penalties for offenses" is hereby amended to read as follows: "Every person convicted of a traffic infraction for a violation of nnir nr�-; sion chapter which is not a violation of any provision of the New York State Vehicle and s Traffic Law shall, for a first conviction, be subject to punishment by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.EE(2) of the Code or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of 18 months, such person shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.EE(2) of the Code or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of 18 months, such person shall be punished by a fine in the amount set forth in Chapter 122, Article V \\Vsrp03\Common\W'appinger�Town Board\LOCAL LAW\Fines\Local Law -Resolution -Public hrgnotice.doc February 18. 2004 Section 122-20.EE(2) of the Code or by imprisonment for not more than 90 days, or by both such fine and imprisonment." 40. Section 234-15 entitled "Penalties for offenses" is hereby amended to read as follows: "Any person found to be violating any provisions of this article or failing to observe the provisions thereof may be prosecuted for such conduct and, upon such conviction, shall be guilty of a violation as defined by Penal Law §55.10, Subdivision 3. Any person so convicted may be fined in the amount set forth in Chapter 122, Article V, Section 122-20.FF(1) of the Code for each violation or be subject to imprisonment for a term not to exceed 15 days, or both. Each day in which any violation of this article shall continue shall be deemed a separate violation. In addition, or in the alternative to other remedies including the foregoing, the Town Board or any town officer designated by the Town Board may institute any appropriate action or proceeding to restrain, correct or abate any violation of this article or to compel compliance with said article." 41. Section 234-54 entitled "Penalties for offenses; additional remedies" is hereby amended to read as follows: "Any person, firm or corporation who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.FF(2) of the Code or imprisonment for not more than 15 days, or both. Each'day on which such violation continues shall constitute a separate offense. The proper local authorities of the town, in addition to other remedies, may institute any appropriate action or proceeding to prevent unlawful violation of this article and to restrain, correct or abate such violation or to prevent any illegal action, conduct or use in or about the water improvement areas or districts,..the expense off_ _- which shall be a water charge. In addition to the foregoing, any person who has made an unauthorized tap or connection to any water line of any district or area shall be liable for the use of such water at a rate four times the minimum rate for such -district - -� and shall be further liable for all expenses, including labor, engineering, legal and otherwise associated with the misuse of said water district or area, which shall constitute a water charge." i 42. Section 240-106.C(1) is hereby amended to read as follows: "A violation of this chapter is hereby declared to be an offense punishable by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.GG of the Code for conviction of a first offense; for conviction of a second offense, both of which were committed within a five-year period, punishable by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.GG of the Code or imprisonment for a period not to exceed 10 days, or both; and upon conviction of a third or subsequent offense, all of which were committed within a five-year period, punishable by a fine in the amount set forth in Chapter 122, Article V, Section 122-20.GG of the Code or \\vsrp03\Common\Wappineer\Town Board\LOCAL LAW\Fines\Local Law -Resolution -Public hrgnotice.doc February 18, 2004 imprisonment for a period not to exceed six months, or both. The fines set forth in Chapter 122, Article V, Section 122-20.GG of the Code regarding first violations of this chapter are meant to supercede the fines set forth in Town Law section 268(1) regarding first violations. Specifically, in superceding the Town Law section 268(1) regarding fines for first offenses of this chapter, it is the intent of the Town Board of the Town of Wappinger to add a provision for a minimum fine for a first offense, which is not provided for in Town Law section 268(1)." 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. \Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\FineslLocal Law -Resolution -Public hrgnotice.doc February 13. 3004 (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. ----- was duly passed 0 the of the VA )(Town)(# of-----WapPin�r---------------------------------------------- ---------------- -- ------------------ Towi]__l3o_aXd----------------- on -Mar -Lb -2220 II4_, in accordance with the applicable provisions of law. (Name afLegislative 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 on ------------------ 20 ---, and was (approved)(not approved)(repassed after (Name ofLegialalive 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 ofLegislalive 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)(annua1) election held on ------------------ 20---- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20--_--_ of the (County)(City)(Town)(Village) of---------------------------------------------------------------- was duly passed by the ___________________________________________________ on ------------------ 20____ , and was (approved)(not approved)(repassed after (Name of L egisla Live B ady) 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) Cleric of tse County leg�", a bod i or Village Clerk or officer designated byle ve bod GLORIA MORS Cl Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or.—.. -... other authorized attorney of locality.) STATE OF NEW YORK i, COUNTY OF _hrtrhes 6w I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper pro have been had or taken for the enactment of the local law annexed hereto. ceedings .-' signature Albert P. Roberts —Attorney Title ,rte of Wappinger own Date: (p (3) 03/22/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on March 22, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on a proposed "Local Law Amending Chapter 122 of the Town of Wappinger Code to amend the Title of Chapter 122 and to include a schedule of fines for violations of the Town Code." Supervisor Ruggiero opened the meeting at 7:39 p.m. Present: - --- Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero asked if there were any question or comments from the public. There were none. Councilwoman McCarthy moved to close the Public Hearing, seconded by Councilman Paoloni and unanimously carried. The Public Hearing closed at 7:40 pm Glori % . ors Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING AMENDING CHAPTER 122 OF THE TOWN OF WAPPINGER CODE TO AMEND THE TITLE OF CHAPTER 122 AND TO INCLUDE A SCHEDULE OF FINES FOR VIOLATIONS OF THE TOWN CODE 1r.r STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) GLORIA J. MORSE, being duly sworn deposed and says: That sheds duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 3, 2004 your deponent posted a copy of the attached notice of Public Hearing on the proposed Local Law Amending Chapter 122 of the town of Wappinger Code to amend the title of Chapter 122 and to include a schedule of fines for violations for the Town Code on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Sworn to before me the 1,11 day of 7I LCL LL , 2004 '1 d GLORIA J. MORb� Town Clerk Town of Wappi t ger MARIA GILBRIDE Notary P-•blic, State of New York Reg. No. O1G15087314 Qualified in DutchPss Count Commission Expires Nov. 3, f,7 7 T 11 T! IJ r r 1D CORRECTION NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER T _FT 1 1 ,1 di I I NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 22nd day of March, 2004, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 f 'd ITr -k:z' 7 f C) F"' J .-I Middlebush Road, Wappingers Falls, Now York, at which time all Fi C "d 1., ;7 �! jj parties in interest and citizens shall have an opportunity to be heard as �j "lij 1 1( n Ir to whether the Town Board of the Town of Wappinger shall adopt a proposed Local Law entitled *Local Law No. —_ of the Year 2004, Amending Chapter 122 of the Town of Wappinger Code to amend the title of Chapter122 and include a schedule of fines for violations of the Town Code" which shall amend Chapter 122 to amend the title of Chapter 122 from "Fees" to "Fees f and Fines", to Include a new Ar - licle, Article V, which shall include a Schedule of Fines charged by the Town for violations of various sec- tions of the Town Code, and which ALBERT M. R$TFN'�,-, �013k: shall also amend various sections of the Town Code, and which shall also increase and/or modify some NOTARY PUBLIC, STACE 0 QUALIFIED IN BUTCHESS COUNTY of the fines imposed by the Town. PLEASE TAKE FURTHER NO - 14 -8240760 TICE that the Town Board has de- termined that pursuant to 6 NYCRR c@"1ss'()NExP'REs JUN 1 512007 617.5 (c) (20) the proposed adop- tion of the aforementioned Local Law is a Type 11 action not requiring environmental review pursuant to the State Environmental Quality Review Act (SEORA) or pursuant to Local Law No. 6 of 1992, and, accordingly, no environmental re- view has been undertaken. PLEASE TAKE FURTHER NO- TICE that copies of the proposed Local Law No. of the Year 2004 are available for review and in- spection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: February 24, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, Town Clark 014 0290 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATIO1�,��;. NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIV- EN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEAR- ING on the 22nd day of March, 2004, at 7:30 p.m. at . the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties In interest and citi- zens shall have an opportu- nity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Locallaw entitled "Local Law No. of the Year 2004, Amending Chapter 122 of the Town of Wappinger Code to amend the title of Chapter 122 and include a schedule of fines for violations of the Town Code" which shall amend Chapter 122 to amend the title of Chapter 122 from "Fees" to "Fees and Fines", to include a new Article, Article V, which shall Include a Schedule of Fines charged by the Town for violations of various sections of the Town Code, and which shall also amend various sections of the Town Code, and which shall also increase and/or modify some of the fines imposed by the Town. . PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 NYCRR 617.5 (c) (20) the proposed adop- tion of the aforementioned Local Law is a Type II action not requiring environmental review pursuant to the State Environmental Quality Re- view Act (SEQRA) or pursu- ant to Local Law No. 6 of 1992 and, accordingly, no environmental review has been undertaken. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No. of the Year 2004 are avail- able for review and inspec- tion at the Office of the Town Clerk .on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. By Order of the Town Board �n.:'.r of the Town of Wappinger GLORIA J. MORSE Town Clerk y Dated: February 24, 2004 goal State of New York County of Dutchess City of Poughkeepsie t4ARi%jW4 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 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOT one insertiICEon was duly published in the said newspaper for weeks successively, in each week, commencing on the 3rd. day of 2004 and on the following dates thereafter, namely on: And ending on the day of 4 both days inclusive. Subscrib sworn W before me this day of C ` 200 c Notary Public My commission expires