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2003-05-27 RGMTuesday, May 27, 2003 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to Flag Receipt and Approval of Town Board Minutes March 10, 2003 Workshop March 24, 2003 Town Board Meeting April 14, 2003 Workshop April 28, 2003 Town Board Meeting May 6, 2003 Special Town Board Meeting May 12, 2003 Workshop Public Hearing Historic Preservation Local Law Amendments to Planning and Zoning Fee Schedule Suspension of Rules for Public Comment on Agenda Items Discussions • Town Planner Proposal by Councilman Colsey • Special Legislation to Revise Tri -Municipal Phase 3A • Alamo Proposal (Executive Session) • Central Hudson North Chelsea Substation Expansion —Rich Rennia • Affordable Housing Proposal — Kurt Keuhner • Community development Block Grant Correspondence Log 2003CL-177 to 2003CL-208 Resolutions 2003-103 Resolution Authorizing the Execution of Consent to Permit a Collocation Lease (untable) 2003-139 Resolution Awarding Bid for Martz Field Improvement Contract No. 2003-02(27): Modular Play Unit 2003-140 Resolution Authorizing Brothers Road Block Party 2003-141 Resolution Re -appointing Ron Friedman to Recreation Commission 2003-142 Resolution to Authorize Building Inspector to Attend Seminar 2003-143 Resolution Authorizing Purchase Order for Repairs to Spook Hill Park 2003-144 Resolution Renaming the Greystone Estate 2003-145 Resolution Authorizing Bonding for Highway 2003-147 Resolution Approving Rental Rate for Horizontal Grinder 2003-148 Resolution Authorizing Community Development Block Grant 2003-149 Resolution Appointing Planning Board Member 2003-150 Resolution of Support for Greystone Grant 2003-151 Resolution Adopting Local Law on Historic Preservation 2003-152 Resolution Adopting Amended Planning and Zoning Fee Schedule 2003-153 Resolution Accepting Correspondence Log 2003-154 Resolution Authorizing Budget Transfers 2003-155 Resolution 2003-155 Resolution Authorizing Change Order No. 1 for Town Recycle Center 2003-156 Resolution Authorizing Purchase Order to Deer Hill Conference Center 2003-157 Resolution Approving the Cleaning of the Greystone Mansion and Chapel New Business/Comments Adjournment 05/27/2003 The Regular Meeting of the Town Board of the Town of Wappinger was held on May 27, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:45 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag PUBLIC HEARINGS: 1. Historic Preservation Law 2. Amendments to Planning and Zoning Fee Schedule SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Valdati moved to suspend the rules for purposes of public comment on agenda items. Seconded by Councilman Colsey Motion Unanimously Carried DISCUSSIONS: a Town Planner Proposal by Councilman Colsey. Councilman Colsey wished the Town Board to consider the option of hiring an in-house Town Planner for the Town of Wappinger. By using the Town of Fishkill as a model he felt the savings plus a high level of satisfaction is gained as the Town Planner was available at the Town Hall on a daily basis to readily meet the residents and serve the Town Board at administrative functions and support other departments. The Comptroller also went over an expense detail for 2002-2003 for the Town's Planning Consultant. Discussion followed. Supervisor Ruggiero explained that more research will be needed before any decisions can be made. Special Legislation to Revise Tri -Municipal Phase 3A. Attorney to the Town Al Roberts went over measures needed to be taken in order to support the idea of a nominal charge to properties that would see very little benefit within the Tri- Municipal Improvement Area.. Discussion followed. 1 05/27/2003 Councilman Valdati moved to authorize Mr. Roberts to pursue Legislation for nominal assessment, seconded by Councilman Colsey and unanimously carried. • Alamo Proposal (Executive Session). • Central Hudson North Chelsea Substation Expansion. Richard Rennia of Morris Associates informed the board that his office represents Central Hudson who wish to expand the North Chelsea Substation. They wish to have the board review the above referenced project to see if a Special Use Permit is necessary. He is requesting the Board to review this issue and provide direction with regard to the need for a Special Use Permit on this site, as the existing use will remain the same. Also, as part of this project, the existing Chelsea North and South Substations, which are located in a residential area at the intersection of Route 9D and Chelsea Road, will be removed. ACTIONS TAKEN. Al Roberts, Attorney to the Town to prepare an interpretation for the Town Board in conjunction with the Town Planner. • Affordable Housing Proposal, Kurt Kuehner. Mark Day, of Day Engineering representing the Cappolino Project which is approximately 47 acres in size with some wet lands. They are here this evening proposing 80 townhouse type units and requesting a workforce density of an additional 20 over, which is required by code 53. They are asking for 14 workforce units. There would be two short cul de sacs, one off Route 9D and one off Old Hopewell Road and the open space for the project is about 38.6 acres. They are proposing 80 and are asking the board for 27 additional over Zoning so they can provide for workforce over density. The workforce units would provide housing for median county income. The town would also have the right to list in priority, who would be offered these units. Because they are requesting 50% increase, 27 units would be offered to the town. They also wish the board consider the extension of a water main down Old Hopewell Road which would cross through this parcel. There are currently two wells on site that would provide enough capacity for the 53 or even the 80 units. The roads would all be private roads. They are trying to make this project appealing to the town and encourage the town to support it. This will be a "For Sale" project. Supervisor Ruggiero informed Mr. Day and Mr. Kuehner that the Town Board would take all this information under consideration and get back to them. • Community Development Block Grant. Jay Paggi, Engineer to the Town attended the May 8th Community Development Workshop and gave a status report for the current projects. Three things need to be done. First is an informal ballot that must be sent in without benefit of resolution to the 0"A 05/27/2003 County indicating the towns desire to participate in the 2004-2006 Urban County Consortium. This ballot must be sent in by May 30th. The next thing would be a more formal Resolution. A Resolution must be adopted by the end of June 2003 because the municipalities must submit the Resolution and Agreement to the county by July 3rd 2003. RECEIPT AND APPROVAL OF MINUTES The Minutes of the Workshop of March 10, 2003, Town Board Meeting of March 24, 2003, Workshop of April 14, 2003, Town Board Meeting of April 28, 2003, Special Town Board Meeting of May 6, 2003 and Workshop of May 12, 2003, having previously been forwarded to the Board Members, were now placed before them for their consideration. Councilman Colsey moved to accept the above stated Minutes as submitted by the Town Clerk be and they are hereby approved. Seconded by Councilman Bettina Motion Unanimously Carried CORRESPONDENCE LOT 2003 -CL -177 TO 2003 -CL -208 (See Attached Sheets) RESOLUTION NO. 2003-103 RESOLUTION AUTHORIZING THE EXECUTION OF CONSENT TO PERMIT A COLLOCATION SUBLEASE The follow Resolution was introduced by Councilman Colsey and seconded by Councilman Bettina WHEREAS, the Town of Wappinger has previously entered into a Land Lease Agreement with Dobson Cellular Systems, Inc. d/b/a Cellular One on March 24, 2000 authorizing Dobson to erect a cellular tower at the Town Hall complex at 20 Middlebush Road, Wappingers Falls, New York; and WHEREAS, Omni Point Communications, Inc. seeks to enter into a sublease agreement with Dobson Cellular Systems, Inc. to permit a collocation of an additional communication facility on the same tower; and WHEREAS, the Town Board hereby consents to such sublease agreement on the express condition that Dobson Cellular Systems, Inc. obtain an amended Site Plan Approval from the Town of Wappinger Planning Board to permit such collocation of the additional facility and an amendment to the Facility/ Tower Special Permit (F/TSP) allowing the collocation of such systems, and provided further that Dobson Cellular Systems, Inc. otherwise comply with Town Code §240-81 entitled "Telecommunications towers, antennas and personal wireless service facilities". NOW, THEREFORE, BE IT RESOLVED, as follows: K 05/27/2003 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby consents to permit a collocation sublease to permit an additional communication facility on the cell tower owned by Dobson Cellular Systems, Inc. at the Town Hall complex at 20 Middlebush Road, Wappingers Falls, New York in accordance with a certain Land Lease Agreement dated March 24, 2002 between the Town of Wappinger and Dobson Cellular Systems, Inc. and on the further condition that Dobson Cellular Systems, Inc. obtain an amendment to the Site Plan Approval previously approved for this facility by the Town of Wappinger Planning Board and an amendment to the Facility/ Tower Special Permit (F/TSP) authorizing cell towers and collocator installations and on the further condition that Dobson Cellular Systems, Inc. otherwise comply with all terms, conditions and requirements of Town Code §240-81 entitled "Telecommunications towers, antennas and personal wireless service facilities". 3. This consent will not be effective until the Town of Wappinger Planning Board grants all approvals required by Town Code §240-81 entitled "Telecommunications towers, antennas and personal wireless service facilities". The foregoing was put to a vote which resulted as follows: Joseph Ruggiero Voting Aye Robert Valdati Voting Aye Vincent Bettina Voting Aye Christopher Colsey Voting Aye Joseph Paoloni Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-139 RESOLUTION AWARDING BID FOR MARTS FIELD RECREATION IMPROVEMENT CONTRACT NO. 2003-03(27): MODULAR PLAY UNIT The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, the advertisement for bids for Martz Field Recreation Improvement Contract No. 2003-03(27): Modular Play Unit were published in the Southern Dutchess News on April 23, 2003; and WHEREAS, the Town Board appropriated $25,000 in account B7310.201 in the Town Budget for said project, and WHEREAS, bids were opened on May 22, 2003 and reviewed by Gloria Morse, Town Clerk of the Town of Wappinger; and WHEREAS, bid were received as follows: 0 05/27/2003 Sun Up Enterprises, Inc. $31,819 Advanced Contracting Concepts, Inc. $35,000 WHEREAS Joseph Stankavage, of Paggi, Martin and DelBene, has provided an award recommendation to the Town Board. NOW, THEREFORE, BE IT RESOLVED, 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby increases account B7310.201 by the amount of Seven Thousand Dollars ($7,000) transfer funds from the Park Land Trust for appropriations of this project 3. The Contract for Martz Field Recreation Improvement Contract No. 2003-03(27): Modular Play Unit is hereby awarded to Sun Up Enterprises, Inc. for an amount not to exceed Thirty-one Thousand Eight Hundred Nineteen Dollars ($31,819) in accordance with the award recommendation letter dated May 22, 2003 from Joseph Stankavage of Paggi, Martin and DelBene, to the Town Board. 4. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero Voting Aye Robert Valdati Voting Aye Vincent Bettina Voting Aye Christopher Colsey Voting Aye Joseph Paoloni Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-140 RESOLUTION TO AUTHORIZE A CLOSING OF A PORTION OF BROTHERS ROAD FOR A BLOCK PARTY The following Resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni WHEREAS, a request has been made by Jackie Alfano of 93 Brothers Road to close a portion of Brothers Road from its northerly intersection with Gold Road to its intersection with Dose Road for a block party to be held on September 6, 2003, with a rain date of September 7, 2003, between the hours of 11 a.m. through 8:00 p.m.; and WHEREAS, the Town of Wappinger Highway Superintendent, Graham Foster, has authorized the closing of Brothers Road from its northerly intersection with Gold Road to its intersection with Dose Road for the block 5 05/27/2003 party on September 6, 2003 with a rain date of September 7, 2003 between the hours of 11 a.m. through 8:00 p.m., with the exception of emergency traffic. 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 the closing of Brothers Road from its northerly intersection with Gold Road to its intersection with Dose Road for the block party on September 6, 2003 with a rain date of September 7, 2003 between the hours of 11 a.m. through 8:00 p.m., with the exception of emergency traffic, pursuant to the request from Jackie Alfano, attached hereto, and the authorization from the Town of Wappinger Highway Superintendent, Graham Foster. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-141 RESOLUTION APPOINTING RECREATION COMMISSION MEMBER Councilman Colsey moved to table Resolution No. 2003-141, seconded by Councilman Paoloni and unanimously carried. RESOLUTION NO. 2003-142 RESOLUTION AUTHORIZING BUILDING INSPECTOR TO ATTEND SEMINAR The following resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. WHEREAS, the Town Board wishes to authorize Karl Seebruch, Building Inspector to the Town of Wappinger, to attend a Plumbing Code Seminar in Poughkeepsie on June 19, 2003. NOW, THEREFORE, BE IT RESOLVED, that Karl Seebruch, Building Inspector to the Town of Wappinger is hereby authorized to attend to attend a Plumbing Code Seminar in Poughkeepsie on June 19, 2003, at a cost not to exceed Seventy -Five Dollars ($75). The foregoing was put to a vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye 05/27/2003 CHRISTOPHER J. COLSEY voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-143 RESOLUTION TO AUTHORIZE THE REPAIR OF THE ROOF OF THE SPOOKHILL PARK BUILDING The following resolution was Resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. WHEREAS, the Recreation Committee has recommended the repair of the roof of the building at Spook Hill Park; and WHEREAS, the Recreation Commission received bids as follows: Bracaden Construction $1,575 Pro -Built Construction $2,125 O'Dell Painting $2,050 WHEREAS, the Recreation Committee has requested a purchase order in the amount of One Thousand, Five Hundred, Seventy Five Dollars ($1,575.00) payable to Bracaden Construction. 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. A purchase order is hereby authorized in the amount of One Thousand Five Hundred Seventy-five Dollars ($1,575.00) from Recreation Account No. A-7110.4, in accordance with a letter dated April 10, 2003 from Ralph Holt, Recreation Chairman, to the Town Board. The foregoing was put to a vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-144 RESOLUTION TO AUTHORIZE THE RENAMING OF "GREYSTONE ESTATE" TO "CARNWATH FARMS" & "CARNWATH MANSION" The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina WHEREAS, the Town of Wappinger owns a 99 -acre estate located on Wheeler Hill Road in the Town commonly known as the "Greystone Estate" which includes a residential structure, a former chapel and remnants of a 19th century mansion formerly known as the "Carnwath Mansion" which is listed on the State and Federal Register of Historical Places; and 7 05/27/2003 WHEREAS, the Town Board takes note of the historical significance of this property, of the family that developed it and built the mansion and wishes to have the name of the property and the mansion returned to its historical roots and name — "Carnwath Farms" and "Carnwath Mansion". 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 determines that henceforth the 99 -acre estate owned by the Town located on Wheeler Hill Road and previously known as the "Greystone Estate" be renamed and henceforth shall be known as "Carnwath Farms" and "Carnwath Mansion" effective with a dedication ceremony scheduled for June 26, 2003 or at any adjourned date thereafter. 3. Town Clerk Gloria J. Morse is hereby directed to notify the Dutchess County Enhanced 911 program of said name change. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Nay The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-145 RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $39300,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE PAVING, REPAVING OR RESURFACING OF VARIOUS TOWN ROADS LOCATED THROUGHOUT AND IN AND FOR SAID TOWN The following resolution was offered by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described., including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE BE IT FURTHER RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows; Section 1. For the class of objects or purposes of paying the cost of the paving, repaving or resurfacing of various Town roads located throughout and in and for the Town of Wappinger, Dutchess County, New York, including related curbing, sidewalks and drainage where determined to be appropriate, there are hereby authorized to be issued $3,300,000 serial bonds 05/27/2003 of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such class of objects or purposes is $3,300,000, and the plan for the financing thereof is by the issuance of the $3,300,000 serial bonds of said Town authorized to b issued pursuant to his bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivisions 20 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, by the manual of facsimile signature of the Supervisor and facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated owners, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the 9 05/27/2003 purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official or the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance, as the Supervisor shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if : 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 — 2. Other than as specifies in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. 10 05/27/2003 Section 11. Upon this resolution taking effect, the same shall be published in full in Poughkeepsie Journal and Southern Dutchess News, the official newspapers, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-147 RESOLUTION AUTHORIZING RENTAL OF STUMP GRINDING EQUIPMENT The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey WHEREAS, the Town Highway Department has accumulated a large quantity of tree stumps and wood debris from construction projects; and WHEREAS, the Town Highway Superintendent, Graham Foster, has investigated various disposal options of said debris and has concluded that the most cost effective means to dispose of the tree stumps and wood debris is to grind them into wood chips for future use as compost; and WHEREAS, the Town Highway Superintendent, Graham Foster, has recommended that stump grinding equipment be rented from Stump -N -Wood Recycling in accordance Stump -N -Wood Purchase Order No. 64 dated May 12, 2003 at a cost of Three Thousand Dollars ($3,000.00) a day for three days at a total cost not to exceed Nine Thousand Dollars ($9,000.00). NOW, THEREFORE, BE IT RESOLVED, as follows: 4. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 5. The Town Board hereby concludes that the most cost effective means to dispose of the tree stumps and wood debris accumulated at the Highway Department is to grind them into wood chips for future use as compost. 6. The Town Board hereby approves the rental rate for stump grinding equipment from Stump -N -Wood Recycling in accordance Stump -N -Wood Purchase Order No. 64 dated May 12, 2003, at a cost of Three Thousand Dollars ($3,000.00) per day for three days at a total cost not to exceed Nine 11 05/27/2003 Thousand Dollars ($9,000.00). A copy of said Purchase Order is attached hereto and made part hereof. 7. The Town Highway Superintendent, Graham Foster, is hereby authorized to sign and approve the Purchase Order No. 64 dated May 12, 2003 from Stump -N -Wood in the form attached hereto. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-148 RESOLUTION AUTHORIZING THE TOWN OF WAPPINGER TO ENTER INTO AN AMENDMENT TO THE EXISTING COOPERATION AGREEMENT, AS AMENDED, WITH THE COUNTY OF DUTCHESS FOR THE PURPOSE OF UNDERTAKING COMMUNITY DEVELOPMENT AND HOME PROGRAMS FOR THE PROGRAM YEAR COMMENCING FEDERAL FISCAL YEAR 2004-2006 (AND SUCCESSIVE THREE-YEAR QUALIFICATION PERIODS)PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND THE HOME INVESTMENT PARTNERSHIP PROGRAM OF TITLE II OF THE NATIONAL AFFORDABLE HOUSING ACT OF 1990 The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati WHEREAS, the Secretary of Housing and Urban Development of the United States is authorized under Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnership Program of Title II of the National Affordable Housing Act of 1990, to make grant to states and other units of general local government to help finance Community Development Programs, and WHEREAS, it is desirable and in the public interest that the Town of Wappinger participate in aforesaid Community Development and HOME programs for the program year commencing Federal Fiscal Year 2004-2006 (and successive three year qualification period); and WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to any municipality corporation the power, either individually or jointly with one or more other municipal corporations, to apply for, accept and expend funds made available for the Federal government, either directly or through the state, pursuant to the provisions of any Federal law which is not inconsistent with the statutes or constitutions of this State, in order to administer, conduct or participate with Federal government in programs 12 9 05/27/2003 related to the general welfare of the inhabitants of such municipal corporation, and WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnership Programs of Title II of the National Affordable Housing Act of 1990, and any "Eligible Activities" thereunder are not inconsistent with the statutes or constitution of the State, and WHEREAS, the Town of Wappinger shall take all required actions to comply with the Urban County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974 as amended and with the provisions of the National Environmental Policy Act if 1969, Title VI of the Civil Rights Act of 1964, prohibits discrimination because of race, color, or national origin under any program or activity receiving Federal financial assistance, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of Title I of the Housing and Community Development Act of 1974, the fair Housing Act, the Americans with Disabilities Act of 1990 Uniform Relocation Act, Sec. 504 of the Rehabilitation Act of 1973 and other applicable laws. Further, Urban County funding is specifically prohibited for activities in, or in support of, and cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction, or that impedes that County's action to comply with its fair housing certification. WHEREAS, the Town of Wappinger as a cooperating unit of local government has adopted and is enforcing: a) A policy prohibiting the use of excess force by law enforcement agencies within its jurisdiction against and individuals engaged in non- violent civil rights demonstrations, and b) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of nonviolent civil rights demonstrations within jurisdictions. WHEREAS, the County of Dutchess as an Urban County in the Community development and HOME Programs requires that the Municipality of the Town of Wappinger, and the County of Dutchess cooperate in undertaking, and assist in the undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 9 and 17 of the New York Constitution, and WHEREAS, the County and the Town of Wappinger will cooperate in developing Community Development and Affordable Housing Programs and applications for the Community Development Block Grant Entitlement 13 05/27/2003 Program and the HOME Investment Partnership ("HOME Program") which will be designed primarily for the purpose of meeting the priority needs and objectives of the participating localities based upon and inventory of the community development and housing needs developed mutually by local and County officials; WHEREAS, the Board deems it to be in the public interest for the Municipality of the Town of Wappinger to enter into a Cooperation Agreement Amendment with the County of Dutchess for the aforesaid purposes, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor be and hereby is authorized to execute a Cooperation Agreement Amendment between the Municipality of the Town of Wappinger and the County of Dutchess for the purpose of undertaking a Community Development Program pursuant to Title I of the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnership Program of Title II of the National Affordable Housing Act of 1990, for the program year commencing Federal Fiscal Years 2004-2006 (and successive three-year qualification periods). The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-149 RESOLUTION APPOINTING PLANNING BOARD MEMBER Councilman Valdati moved to table Resolution No. 2003-149 to Executive Session, seconded by Councilman Colsey and unanimously carried. RESOLUTION NO. 2003-150 AUTHORIZING THE TOWN BOARD OF THE TOWN OF WAPPINGER TO SUBMIT A 2003 ENVIRONMENTAL PROTECTION FUND GRANT APPLICATION TO THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE RESTORATION AND PRESERVATION OF THE MANSION AT CARNWATH MANOR The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey. WHEREAS, The Town Board of Wappinger will submit to the NYS Office of Parks, Recreation and Historic Preservation, an application for 2003 Environmental Protection Fund grant funds to make necessary structural preservation enhancements to Carnwath Mansion at historic Carnwath Manor; and 14 05/27/2003 WHEREAS, In addition to applying for such funds, the Town of Wappinger will provide matching funds from sources such as force account, donated labor and materials, and volunteerism, not to exceed 50% of the total project cost; and WHEREAS, The Supervisor of the Town of Wappinger has requested authorization to file a grant application to the NYS Office of Parks, Recreation and Historic Preservation for the purpose of preserving Carnwath Mansion. THEREFORE, BE IT RESOLVED, That Joseph Ruggiero, Supervisor of the Town of Wappinger, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act of 1996, in an amount not to exceed $500,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Wappinger. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-151 RESOLUTION ADOPTING LOCAL LAW No. _ OF 2003 AMENDMENTS TO THE TOWN CODE, HISTORIC PRESERVATION LAW Councilman Colsey moved to table Resolution No. 2003-151, seconded by Councilman Bettina and unanimously carried. There was some discussion prior to the boards decision against the adoption of the above local law, because it did not provide a provision for obtaining "property owners consent" before a particular home received the historic designation. RESOLUTION NO. 2003-152 RESOLUTION ADOPTING LOCAL LAW No. 8 OF 2003 - LOCAL LAW AMENDING THE PLANNING AND ZONING DEPARTMENT FEE SCHEDULE AND THE ESCROW PROCEDURE AND INITIAL DEPOSIT SCHEDULE AND INCORPORATING SAID SCHEDULES INTO CHAPTER 240, ZONING, OF THE TOWN CODE OF THE TOWN OF WAPPINGER The following resolution was moved by Councilman Colsey and seconded by Councilman Paoloni 15 05/27/2003 WHEREAS, the Town Board of the Town of Wappinger has determined that the following amendments should be made to Chapter 240, Zoning: 1) Amend the Planning and Zoning Department Fee Schedule to incorporate a minor fee and procedure for conceptual reviews before the Planning Board; 2) Amend the Escrow Procedure and Initial Deposit Schedule to alleviate the financial burden imposed on applicants who submit applications of a minor nature to the Planning Board, by creating a new class of applications, "Minor Applications," which would require the applicants for such minor applications to deposit and maintain an escrow fund of $500, instead of the significantly higher escrow funds which are normally required; and 3) Incorporate said schedules into Chapter 240, Zoning, of the Town Code (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is a Type II action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law), which actions have been determined not to have a significant adverse impact upon the environment and are exempt from further environmental review in accordance with SEQRA; WHEREAS, the proposed revisions have been referred to the Town of Wappinger Planning Board pursuant to Section 240-112 of the Zoning Code of the Town of Wappinger; and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default as the only involved agency, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No.8 of 2003; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from time to time, are to remain in full force and effect. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The resolution is hereby duly declared adopted. 16 05/27/2003 RESOLUTION NO. 2003-153 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina. BE IT RESOLVED that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a 1 vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The resolution is hereby duly declared adopted. RESOLUTION NO. 2003-154 RESOLUTION AUTHORIZING TEMPORARY BUDGET TRANSFERS The following Resolution was introduced by Supervisor Ruggiero and seconded by Councilman Bettina WHEREAS, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain budget transfers hereby temporarily amending the Town budget as set forth in a letter dated May 23, 2003 from Gerald A. Terwilliger, Comptroller, to Supervisor and 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. The Town Board hereby authorizes the following budget transfers hereby temporarily amending the Town of Wappinger Budget adopted for the calendar year of 2003: A) $50,000 is to be loaned from A fund to the Technology Master Plan Project on a temporary basis to cover bills until financing is done in July 2003. B) $50,000 is to be loaned from A Fund to the Highway and Recreation Equipment Project to cover bills until financing is done in July, 2003. C) $18,000 is to be loaned from Parkland Trust Fund to the Martz Field Handicapped Bathroom Project to Cover bills while submission of Project costs is made to Dutchess County Planning Department for drawdown on awarded Community Development Grant Funds. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye 17 05/27/2003 JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The resolution is hereby duly declared adopted. RESOLUTION NO. 2003-155 RESOLUTION TO AUTHORIZE PAYMENT FOR USE OF THE DEER HILL CONFERENCE CENTER POOL The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina WHEREAS, the Recreation Committee of the Town of Wappinger requests authorization to rent the Deer Hill Conference Center pool from June 27, 2002 to August 8, 2003 for the Town Summer swim program. NOW, THEREFORE, BE IT RESOLVED, that two (2) payments are approved in the amount of Four Thousand, Seven Hundred Fifty Dollars ($4,750.00) each, made payable to Deer Hill Conference Center, from Recreation Account No. B-7310.4 for use of the Deer Hill Conference Center pool facilities from June 27, 2002 to August 8, 2003 for the Town summer swim program in accordance with the letter from Ralph J. Holt, Chairman of the Recreation Committee to the Town of Wappinger, to the Town Board Members. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The resolution is hereby duly declared adopted. RESOLUTION NO. 2003-156 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 FOR TOWN RECYCLE CENTER The following Resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. WHEREAS, the Engineers to the Town, Paggi, Martin & Del Bene have approved Change Order No. 1 for the Town Recycle center as per a Change Order dated April 11, 2003, 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. 2. The Town Board hereby approves change order No. 1 dated April 11, 2003 to the Town Recycle Center between the Town and Sun Up Enterprises in the amount of One Thousand, Six Hundred Fifty Dollars ($1,650) for the reasons set forth in the change order dated April 11, 2003. m F� 05/27/2003 The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The resolution is hereby duly declared adopted. RESOLUTION NO. 2003-157 6 RESOLUTION AUTHORIZING THE CLEANING OF THE GREYSTONE MANSION AND CHAPEL The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, the Town of Wappinger is holding a dedication ceremony at the Greystone Estate on June 26, 2003, and WHEREAS, the Town Board wishes to clean the Greystone Mansion and Chapel for said ceremony, and WHEREAS, quotes have been received by two cleaning companies, and the Town is awaiting response for one additional quote; and WHEREAS, bid were received are as follows: Facilities Maintenance Corp. $1,650 Top to Bottom Cleaning Service $2,265 NOW, THEREFORE, BE IT RESOLVED, 1 The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorized the cleaning of the Greystone Mansion and Chapel. 3. The Town Board authorizes Supervisor Joseph Ruggiero to award the contract to the lowest bidder after all quotes have been received in an amount not to exceed One Thousand Six Hundred -Fifty Dollars ($1,650) 4. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO voting Aye ,., ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The resolution is hereby duly declared adopted. Nicholas Johnson, Town of Wappinger Republican Chairman, wanted to address an issue. 19 05/27/2003 Prior to going into Executive Session, Councilman Valdati moved to suspend the rules, seconded by Councilman Colsey and unanimously carried in order for Nick Johnson to address the issue of election district changes. Supervisor Ruggiero went on to explain it was the unanimous decision of the Town Board to hire a consultant to make recommendations for revised election districts. At this time, 8:55 p.m. Councilman Bettina moved to go into executive session seconded by Councilman Colsey and unanimously carried The meeting reconvened at 9:12 p.m. with all board members in attendance to adopt the following resolution RESOLUTION NO. 2003-149 RESOLUTION APPOINTING PLANNING BOARD MEMBER The following Resolution was introduced by Councilman Bettina and seconded by Councilman Colsey WHEREAS, the Wappinger Town Board has conducted interviews for the purpose of appointing a Planning Board Member, and WHEREAS, The Town Board of the Town of Wappinger finds Ronald Roberts to be the individual capable of filing the vacancy on the Planning Board, NOW, THEREFORE, BE IT RESOLVED, that Ronald Roberts is hereby appointed to the Town of Wappinger Planning Board. The foregoing was put to a vote which resulted as follows: The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Nay VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The Resolution is hereby duly declared adopted. There was no other business to come before the board. Councilman Valdati moved to close the meeting, seconded by Councilman Bettina and unanimously carried. The meeting adjourned at 9:18 p.m. 20 Gloria orse Town rk Town Board Correspondence Log Document # To From Date Received Re Agenda 2003CL - 0184 Clayton Industries Jospeh Paggi 5/7/03 5/7/03 Proposed Wappinger Water Improvement 992R C 5/27/2003 2003CL-0177 Mitchell Mortis, Esq Albert Roberts 4/30/03 5/2/03 Wappinger Sewer Transmission/Treatment Improv 5/27/2003 2003CL-0190 Joseph Ruggiero, Supervi Joseph PaggL Town Engi 5/7/03 5/09/03 Proposed Wappinger Water Improvement 99-2R, 5/27/2003 2003CL-0189 Town Board/Town Clerk Harry C. Serviss 5/8/03 5/08/03 Contract 992R contract No. 6 5/27/2003 2003CL-0188 Michael A. Miranda, Esq. Thomas Davis 5/2/03 5/05/03 Boyce v. Town of Wappinger (Notice of claim) 5/27/2003 2003CL-0187 Clayton Industries, Harry Joseph Pagg4 Town Engi 5/1/03 5/07/03 Proposed Wappinger Water Improvement 992R C 5/27/2003 2003CL-0192 Dutchess County Assesso kathleen Myers, Acting D 5/07/03' 5/09/03 Change Notices 5/27/2003 2003CL-0185 Joseph Paggi, Town Engi Albert Roberts, Town Aft 5/08/03 5/09/03 Wappinger Water Improvement Are 1999-2R Cont 5/27/2003 2003CL - 0193 Joseph Ruggiero, Supervi Heather Kitchen, Town Ju 5/07/03 5/07/03 Cases disposed of 5/27/2003 2003CL-0183 Joseph Ruggiero, Supervi Building Department 4/21/03 5/15/03 Cc Search Status Report 5/27/2003 2003CL-0192 Joseph Ruggiero, Supervi Jay Renfro 5/13/03 5/15/03 Default of Clayton Industries, Inc.. 5/27/2003 2003CL - 0181 Joseph Ruggiero, Supervi Betsy Brockway, Youth 5/12/03 5/15/03 Youth Asset Grants 5/27/2003 2003CL-0180 Mr. Brandon Ciccone&D Joseph Paggi 5/13/03 5/15/03 Cindy LanetWildwood Drive 5/27/2003 2003CL - 0179 Gerald Terwilliger, Town Charles Del Bene 3/8/03 5/15/03 Wappmger Sewer Transmission Treatment Improv 5/27/2003 2003CL - 0178 Joseph Ruggiero, Supervi Childrens Services Counc 4/24/03 5/15/03 Children Services Council Nutrition 5/27/2003 2003CL - 0186 Town Board Karl Seebruch, Building I 5/02/03 5/07/03 Building Inspector Report for the Month of April 2 5/27/2003 2003CL - 0200 Joseph Ruggiero, Supervi Mark Lievbermann, Fire I 4/29/03 4/28/03 Cedar Training/Fire Seminar 5/27/2003 Friday, May 23, 2003 Page 1 of 2 r- r Document # To From Date Received Re Agenda 2003CL - 0207 Gerald Terwilliger, Comp Christopher Colsey 4/19/03 4/21/03 Fees for Town Economic Development Dept. 5/27/2003 2003CL - 0206 Clayton Industries, Inc. Jay Renfro 4/17/03 4/21/03 Wappinger Water Improvement Area 1999-2R Co 5/27/2003 2003CL - 0205 Joseph Ruggiero, Supervi Graham Foster, Highway 4/21/03 4/23/03 Vacation 5/27/2003 2003CL - 0204 Joseph Ruggiero, Supervi Joseph Paggi, Town Engi 4/17/03 4/23/03 Wappinger Water Improvement 992R Contract No 5/27/2003 2003CL - 0203 Joseph Ruggiero, Supervi NY State Dept of Enviro 4/25/03 Flagship Hangar 5/27/2003 2003CL - 0191 Harry Serviss, Clayton In Joseph Paggi, Town Engi 5/7/03 5/09/03 Proposed Wappinger Water Improvement 992R, C 5/27/2003 2003CL - 0201 Gloria Morse, Town Cler Susan Miller, Town Clerk 4/25/03 4/31/03 Public Hearing concerning amending the Town Co 5/27/2003 2003CL - 0208 Joseph Ruggiero, Supervi Joseph Paggi, Town Engi 5/07/03 Proposed Wappinger Water Improvement 992R C 5/27/2003 2003CL - 0199 Joseph Ruggiero, Supervi Joseph Paggi, Jr. P.E. 4/17/03 4/21/03 Chelsea Ridge Water 5/27/2003 2003CL - 0198 Joseph Ruggiero, Supervi Scott Chase, Executive Di 4/25/03 4/28/03 Project to Map Central Water and Sewer Systems 5/27/2003 2003CL - 0197 Watkins & Chemeff Albert Roberts, Town Att 5/05/03 5/07/03 Cranberry Hills Subdivision 5/27/2003 2003CL - 0196 Frederick Maute, Esq. Albert Roberts, Town Att 5/05/03 5/07/03 Wappinger Water Beautification Area 19992R -Co 5/27/2003 2003CL-0195 Glenn T. Boucher, PE Joseph E. Paggi 5/05/03 5/07/03 Sign Beautification, Town of Wappinger 5/27/2003 2003CL - 0194 Joseph Ruggiero, Supervi Carl Wolfson, Town Justi 5/07/03 5/09/03 Cases disposed of 5/27/2003 2003CL - 0202 Contractor Charles Del Bene, Jr. 4/21/03 4/25/03 Wappinger Sewer Improvement Area No. 4 5/27/2003 Friday, May 23, 2003 Page 2 of 2 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (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. of WAPPINGER Town Local Law No. #8 of the year 20 03 A local law entitled "Local Law Amending the Planning and Zoning Department Fee (Insert Title) Schedule and the Escrow Procedure and Initial Deposit Schedule and incorporatin 9 said schedules into Chapter 240 Zoning of the Town Code of the Town of W in er" Be it enacted by the TOWN BOARD of the (Name of Legislative Body) of WAPPINGER as follows: Town TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) LOCAL LAW # __a_ OF THE YEAR 2003 A Local Law entitled "Local Law Amending the Planning and Zoning Department Fee ,Schedule and the Escrow Procedure and Initial Deposit Schedule and incorporating said schedules into Chapter 240, Zoning, of the Town Code of the Town of Wappinger." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law Amending Section 240-110, Fees, of the Zoning Law of the Town of Wappinger". Section 2: Legislative Intent The intent of the proposed Local Law is to: 1) Amend the Planning and Zoning Department Fee Schedule to incorporate a minor fee and procedure for conceptual reviews before the Planning Board; 2) Amend the Escrow Procedure and Initial Deposit Schedule to alleviate the financial burden imposed on applicants who submit applications of a minor nature to the Planning Board by creating a new class of applications, "Minor Applications," which would require the applicants for such minor applications to deposit and maintain an escrow fund of $500, instead of the significantly higher escrow funds which are normally required; and 3) Incorporate said schedules into Chapter 240, Zoning, of the Town Code. 2 of 6 section The Planning and Zoning Department Fee Schedule of Section 240-110, Fees, of the Zoning Law shall be amended as shown in the attached schedule: (see attached schedule) Section 4: The Escrow Procedure and Initial Deposit Schedule of Section 240-110, Fees, of the Zoning Law shall be amended as shown in the attached schedule: (see attached schedule) Section 5: The Planning and Zoning Department. Fee Schedule and the Escrow Procedure and Initial Deposit Schedule of Section 240-110, Fees, of the Zoning Law shall be incorporated into Chapter 240, Zoning, of the Town Code in a manner consistent with the Schedules of Use Regulations (residential and nonresidential) and the Schedules of Dimensional Regulations (residential and nonresidential). Section 6: Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 7: 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 3 of 6 to any person or circumstance, such illegality, invalidity or unconstitutionality, or ina livability shall not affect or impair any of the remaining provisions, clauses, pP sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. it is hereby declared to be the legislative intent that this Local law x illegal, invalid or unconstitutional provision, clause, would have been adopted if such subsection, word or part had not been included therein, and if such person or sentence , circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 8: Effective Date effect immediately upon adoption and filing, with the Secretary This Local Law shall take of State as provided by the Municipal Home Rule Law. 4of6 (Complete the certification in the paragraph that applies to the filing of this local law and strikeout 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 by 003 of the (�) (Town) (R� � Of rninaar the Town Roard on May 97 2003, in accordance with the applicable provisions of law. (Name of Legislative Body) 2, (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as local law No. of 2003was duly passed by the of the (County) (City) (Town) (Village) of on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) 2003 disapproval) by the and was deemed duly adopted on (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. of2003 duly passed by the ( of the (County) (City) (Town) (Village) of on 2003, and was app roved) (not approved) (repassed after (Name of Legislative Body) on 2003. Such local law was submitted disapproval) by the (Elective Chief Executive Officer*) to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on 2003, 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. of2003 duly passed by the of the (County) (City) (Town) (Village) of on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) on 2003. Such local law was subject to disapproval) by the (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of 2003, 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. 5 of 6 5. (City local law concerning Charter revision proposed by petition). of 2003 I hereby certify that the local law anneesignated as local law No. hav ng b ed hereto,nsubmitted to referendum pursuant to the provisions of of the City of vote of majty section (36)(37) of the Municipal Home Rule Law, and having the r (spec al)(general)e electiona held mon rece of the qualified electors of such city g thereon a 2003, 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 2003 of the County of State of New York, having been submitted to the electors at the General Election of November 2003, 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 cities 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). l law I further certify that I have comp red the preceding t therefrom and of theawhole oftsu heoriginal originallocalon llaw, and was finally that the same is a correct trainle in this office and p , abo e. adopted in the manner indicated in paragraph 1 }j . 7 -. Clerk of t e ounty le 's a ' body, ty, Town or Village Clerk or officer designate y 1 al legisla ' e body (Seal) Date: I (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YORK COUNTY OF Q v 'rC d/ZSS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ignature Al Title Cof ltd a 'Q S- d"^C Town j:\docs2\500\wappinger\zone amendments\escrow.minor.locallaw.lkb.doc • • i -0 0 CURRENT FEE SCHEDULE PLANNING DEPT. FEES Subdivision Fees:* Subdivision Application Fee: $500, plus $150 per lot. Recreation Fee: Site Plan Fees:* Site Plan Application Fee: Amended Site Plan Application Fee: Special Use Permit Fees:* Special Permit — Accessory Apartment Fee: Special Permit — Regular Fee: *Conceptual Review Fee (subdivision, site plan, special permit): ZONING DEPT. FEES Variance Fee: (Resident) Area/Use Variance Fee: (Commercial) Area/Use Variance Fee: Interpretation Fee: For 1 — 9 lots, $1,500 per lot; For 10 or more lots, the Planning Board shall determine whether to require the reservation of land, or payment of $1,500 per lot. $500, plus $150 per 1,000 sq. ft. of gross floor area of the building. Plus $10 per parking space. $250, plus $150 per 1,000 ft. of floor area. $100 per application. $50 per application. $250 per application. The conceptual review fee shall be credited toward formal review fees. $50 per application $250 per application $35 per application • All application fees are non-refundable. • Copy Work $.25 per page. • Please note, the applicants will be billed by the local newspaper for the legal notice. • Escrow Funds — See attached schedule. • Effective date September, 2001. • All maps must be folded prior to submission. jAdocs2\500\wappinger\zone amendments\current fee schedu1e3.c1ean.1kb.doc REQUIREMENT FOR ESCROW FUNDS SECTION 1. ESCROW FUNDS ESTABLISHED By the authority granted by Section 240-110 of the Town of Wappinger Zoning Law and in order to ensure that the cost of any Engineering, SEQR Experts, Planning, Legal or other consultation fees incurred by the Town of Wappinger with respect to matters before the Planning Board / Zoning Board are borne by the applicant's, there is hereby established an Escrow Fund. Upon filling an application for either Subdivision, Site Plan, Special Permit approval, or for a Building Permit or Certificate of Occupancy, the applicant shall deposit with the Town Controller via certified check, a sum of money in accordance with the table below. The Controller shall pay from these funds the fees charged by any professionals employed by the Planning Board with respect to the applicant's project. Said fees shall be submitted by voucher and paid as approved by the Zoning Administrator. The applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the full escrow deposit by the last day of each month. If such account is not fully replenished by the last day of the month, the approving agency shall suspend its review of the application. In the case of post -approval inspections and reviews involving construction, the Town may issue a stop work order. No subdivision plat or site development plan shall be endorsed or filed until all professional review fees charged in connection with the review of the project have been reimbursed to the Town. No building permit shall be issued unless all professional review fees charged in connection with the review of the applicant's project have been reimbursed to the town and a new escrow account has been established to cover all post -approval review costs, including but not limited to inspection of construction of roads and driveways. No certificate of occupancy shall be issued unless all professional review fees charged in connection with the post -approval inspection and review of the project have been reimbursed to the Town. No refunds of any funds remaining on deposit in escrow shall be issued until after all pertinent professional review charges have been paid and the final certificate of occupancy has been issued to the project, or where applicable, the road has been accepted by the Town and the one-year maintenance period has expired. SECTION 2. CALCULATION OF ESCROW FUND For SUBDIVISIONS, the applicant shall deposit and maintain a sum calculated as follows: A) Number of lots Amount 0 - 2 $ 3,750 3-10 $ 7,500 11-35 $22,500 > 35 $52,500 For SITE PLANS & REGULAR SPECIAL USE PERMITS, the applicant shall deposit and maintain a sum calculated as follows: B) Square Footage Amount 0 to 3,000 $ 3,750 3,001 to 20,000 $ 7,500 20,001 to 50,000 $22,500 > 50,000 $52,500 For MINOR APPLICATIONS', the applicant shall deposit and maintain a sum calculated as follows: C) $500 For VARIANCES, the applicant shall deposit and maintain a sum determined by the Zoning Board of Appeals. For ROAD INSPECTION, the applicant shall deposit and maintain a sum equal to 3% of the construction costs as estimated by the Town Engineer. jMocs2\5004appinger�zone amendments\fee schedule.apri122.6eanAb.doe 1 Includes: Accessory Apartments; Professional Office or Studio Uses in a Residence; Home Occupations involving on- site clients, visitors, customers or patrons; lot line changes and land transfers which result in conforming lots and which involve less than 10% of the minimum lot area of each involved lot; and subdivisions in which no new building lots are created. 05/12/2003.WS The Workshop Meeting of the Town of Wappinger was held on May 12, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag. PUBLIC HEARING • Amending the Zoning Law and Comprehensive Plan from Industrial to Residential for Property on Maloney Road. RESOLUTION -2003-142 RESOLUTION OF ADOPTION: AMENDMENTS TO THE TOWN OF WAPPINGER COMPREHENSIVE PLAN The following resolution was moved by Councilman Colsey and seconded by Councilman Bettina WHEREAS, an application known as Nesheiwat was made to the Town of Wappinger Town Board for the rezoning of an 18.5 -acre parcel of land from AI Airport Industry to R-40 One -Family Residence; and WHEREAS, the 18.5 -acre parcel is known as Tax Lot 6259-02-605758 on the Town of Wappinger Tax Assessment Maps and is located on the south side of Maloney Road, approximately 400 feet east of New Hackensack Road in the AI Zoning District (the "Nesheiwat Property"); and WHEREAS, the Town Comprehensive Plan, originally adopted in 1988, and subsequently amended, designates a large area of land north and east of Route 376 and Airport Drive and south of Maloney Road as Industry, including the Nesheiwat Property; and WHEREAS, the proposed rezoning from AI to R-40 would be inconsistent with the recommended land use for the Nesheiwat Property set forth in the Town Comprehensive Plan; and 1 05/12/2003.WS WHEREAS, to enable the proposed rezoning to be considered, it would first be necessary to reclassify the recommended land use for the Nesheiwat Property from Industry to Residential One to Two Acre; and WHEREAS, the Nesheiwat Property was reclassified in 1995 from Conservation Office Park to Industry to "enable the rezoning of the vast majority of this area to AI," permitting a "broader range of uses on smaller, more affordable lots;" and WHEREAS, further justification was given at the time for the reclassification based on the "area's proximity to Route 376, the Dutchess County Airport, Airport Business Center Drive and the possible future connection to proposed County Route 11," and the expansion of the Town's non-residential tax -base that the anticipated commercial and industrial development would fuel; and WHEREAS, the formerly proposed Maybrook Railroad/ County Route 11 limited access highway, which was anticipated to spur growth in the northeast corner of the Town, a key rationale for designating the Nesheiwat Property and surrounding area as first Conservation Office Park, and subsequently Industry, is no longer proposed; and WHEREAS, because the Maybrook Railroad/ County Route 11 limited access highway is no longer proposed, the justification for both the Conservation Office Park and Industry designations of the Nesheiwat Property and certain other surrounding properties is no longer as strong, particularly for properties with sole frontage on Maloney Road, of which the Nesheiwat Property is but one; and WHEREAS, the Nesheiwat Property is flanked by two parcels also classified by the Town Comprehensive Plan as Industry: a ± 0.6 -acre parcel to the east with an existing single-family residence, known as Tax Lot 6259-02-6668000, and a ± 6.22 -acre parcel to the west known as Tax Lot 6259-02-558778, for which a church, currently before the Planning Board, is proposed (the "Adjacent Properties"); and WHEREAS, the Town Board determined that in addition to reclassifying the recommended land use of the Nesheiwat Property to Residential One to Two Acre, that the Adjacent Properties should also at this time be reclassified to Residential One to Two Acre; and WHEREAS, the reclassification of the ± 0.6 -acre and the ± 6.22 -acre properties would not interfere with present and/or currently proposed uses for either site, nor would the subsequent rezoning of these properties to R-40; and K 05/12/2003.WS WHEREAS, the proposed Residential land use classifications for both the Nesheiwat Property and the Adjacent Properties are in keeping with the overwhelmingly residential/rural character of Maloney Road; with the residential land uses recommended by the Town Plan for the north side of Maloney Road; and the numerous instances of poor sight distance along Maloney Road, which is a windy, hilly road unsuitable for commercial and industrial uses; and WHEREAS, because of its proximity to the airport, the Nesheiwat rezoning application was referred to the Airport Director of the Dutchess County Airport, and the Director, in a letter to the Planning Board dated 11/25/02, made no objection to the proposed rezoning from Al to R-40, but noting that a "Transitional Slope of 7 to 1 exists off of the sides of the Approach Slope [to runway 24]" and that "a portion of the terrain within the subject parcel itself penetrates this Transitional surface... along the most southerly border and along the crest of the hill ... by 20 feet," and recommended that no structures be constructed and that "vegetative (tree) growth" be limited in said portion of the Nesheiwat Property; and WHEREAS, the Town Board has determined that the Town of Wappinger Comprehensive Plan requires updating and correction; and WHEREAS, the Town Board has authorized the preparation of recommended revisions to the Town's Comprehensive Plan; and WHEREAS, the Town Board currently has before it for consideration the proposed revisions to the Town of Wappinger Comprehensive Plan that would reclassify the recommended land use designations of the Nesheiwat Property and the Adjacent Properties from Industry to Residential One to Two Acre, thereby allowing the Nesheiwat Property and the Adjacent Properties to be rezoned to R-40 (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law); and WHEREAS, a public hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town; and WHEREAS, a copy of this Resolution and the public hearing notice were served not less than ten (10) days prior to said public hearing to the municipal clerk of each municipality abutting the Town of Wappinger; and WHEREAS, a copy of this Resolution and the public hearing notice were referred to the Dutchess County Department of Planning and Development IV 05/12/2003.WS for its advisory review more than 30 days prior to action on the proposed amendments pursuant to Section 239-m of General Municipal Law; and WHEREAS, a copy of this Resolution and the public hearing notice were referred to the Town of Wappinger Planning Board for its review and recommendation; and WHEREAS, on March , 2003 the Town Board held a public hearing on the proposed amendments to the Comprehensive Plan at which time all persons interested were given an opportunity to be heard and the hearing was closed on that date; and NOW, THEREFORE, BE IT RESOLVED, pursuant to State Environmental Quality Review Regulations, the Town Board has issued a Negative Declaration regarding the Proposed Action, finding that: • The Proposed Action will not directly result in any physical changes to any properties; • The Proposed Action will not have a significant adverse environmental impact on any Critical Environmental Area (CEA); • The Proposed Action will not have a significant adverse environmental impact on any unique or unusual land forms; • The Proposed Action will not have a significant adverse environmental impact on any water body designated as protected; • The Proposed Action will not have a significant adverse environmental impact on any non -protected existing or new body of water; • The Proposed Action will not have a significant adverse environmental impact on surface or groundwater quality or quantity; • The Proposed Action will not have a significant adverse environmental impact on or alter drainage flows or patterns, or surface water runoff; • The Proposed Action will not have a significant adverse environmental impact on air quality; • The Proposed Action will not have a significant adverse environmental impact on any threatened or endangered species; • The Proposed Action will not have a significant adverse environmental impact on agricultural land resources; • The Proposed Action will not have a significant adverse environmental impact on aesthetic resources; • The Proposed Action will not have a significant adverse environmental impact on any site or structure of historic, prehistoric or paleontological importance; .19 05/12/2003.WS • The Proposed Action will not have a significant adverse environmental impact on the quantity or quality of existing or future open spaces or recreational opportunities; • The Proposed Action will not have a significant adverse environmental impact on existing transportation systems; • The Proposed Action will not have a significant adverse environmental impact on the community's sources of fuel or energy supply; • The Proposed Action will not have a significant adverse environmental impact as a result of objectionable odors, noise or vibration; • The Proposed Action will not have a significant adverse environmental impact on the public health and safety; and • The Proposed Action will not have a significant adverse environmental impact on the character of the existing community; and thereby finding that no environmental impact statement need be prepared and that the SEQRA process is complete; BE IT FURTHER RESOLVED, that the Town of Wappinger Comprehensive Plan is hereby amended to include the following text; any statements or designations in the Comprehensive Plan which are contradictory are hereby superseded: "The Town Comprehensive Plan, originally adopted in 1988, and subsequently amended, designates a large area of land north and east of Route 376 and Airport Drive and south of Maloney Road, IND Industry. This designation made sense at a time when it was believed that Maybrook Railroad/ County Route 11 would pass through the area and generate a demand for industrially zoned lands and when the market for office space, strong in the 1980s, had waned by the 1990s (the area was originally classified as COP Conservation Office Park). It was expected that the Airport Drive industrial area and the neighboring Dutchess County Airport would be a focal point for an active industrial area for both the Town and region. However, the Maybrook Railroad / County Route 11 project is no longer being contemplated removing much of the justification for industrial or commercial uses for the area, especially for properties with sole frontage on Maloney Road. It is therefore recommended that certain portions of this area be reclassified from Industry to Residential land uses. The area to be reclassified on the Land Use Plan Map from IND Industrial to Residential One Half to One Acre (one 0.6 -acre property) and Residential One to Two Acre(two properties totaling 24.72 acres) is identified on the attached 5 05/12/2003.WS Figure 1. The reclassification would enable the properties to be rezoned from AI to R-40. The rezoning, in turn, would permit and restrict the development of these properties to residential uses. The land use reclassification to residential and the subsequent rezoning to R- 40 of the properties is appropriate for the following reasons: It is in keeping with the overwhelmingly residential/rural character of Maloney Road; It is consistent with the residential land uses recommended by the Town Plan for the north side of Maloney Road; Low density residential uses are a more appropriate use for Maloney Road, which is a windy, hilly road with multiple instances of poor sight distance; The properties have sole access from Maloney Road and cannot be accessed from Airport Drive; and Low density residential development is more suitable than industrial and commercial uses given the environmental constraints of the properties, i.e. wetlands and slopes. While not currently proposed to be reclassified or rezoned for residential uses, an approximately 25 acre parcel to the east of the Nesheiwat Property and Adjacent Properties, also has sole frontage on Maloney Road. Should this property be developed industrially under Al zoning, access to the site should only occur from Airport Drive and appropriate buffers and setbacks from Maloney Road should be observed to protect the rural and residential character of that road. Consolidation of this lot with one or more surrounding lots that have frontage on Airport Drive may be appropriate before this lot is developed industrially. It may be desirable, at some future point, to examine whether the land use classification and zoning of this property should be changed to residential as well." The question of adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Nay CHRISTOPHER J. COLSEY voting Aye The resolution is hereby duly declared adopted. R 05/12/2003.WS RESOLUTION -2003-138 RESOLUTION OF ADOPTION: LOCAL LAW No. 7 OF 2003 - AMENDMENT OF THE TOWN OF WAPPINGER ZONING MAP The following resolution was moved by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, an application known as Nesheiwat was made to the Town of Wappinger Planning Board for the rezoning of an 18.5 -acre parcel of land from AI Airport Industry to R-40 One -Family Residence; and WHEREAS, the 18.5 -acre parcel is known as Tax Lot 6259-02-605758 on the Town of Wappinger Tax Assessment Maps and is located on the south side of Maloney Road, approximately 400 feet east of New Hackensack Road in the Al Zoning District (the "Nesheiwat Property"); and WHEREAS, the Nesheiwat Property is flanked by two parcels: a ± 0.6 -acre parcel to the east zoned AI, with an existing single-family residence, known as Tax Lot 6259-02-6668000, and a ± 6.22 -acre parcel to the west, zoned CC Conservation Commercial, known as Tax Lot 6259-02-558778, for which a church, currently before the Planning Board, is proposed (the "Adjacent Properties"); and WHEREAS, the Town Board determined that in addition to rezoning the Nesheiwat Property to R-40, that the Adjacent Properties should also at this time be rezoned to R-40; and WHEREAS, the rezoning of the Nesheiwat Property and the Adjacent Properties would not interfere with present and/or currently proposed uses for the sites; and WHEREAS, the Town Comprehensive Plan, originally adopted in 1988, and subsequently amended, designated a large area of land north and east of Route 376 and Airport Drive and south of Maloney Road as Industry, including the Nesheiwat Property and the Adjacent Properties; and WHEREAS, the Nesheiwat Property and the Adjacent Properties were reclassified in 1995 from COP Conservation Office Park to Industry to "enable the rezoning of the vast majority of this area to AI," permitting a "broader range of uses on smaller, more affordable lots;" and WHEREAS, further justification was given at the time for the reclassification based on the "area's proximity to Route 376, the Dutchess County Airport, Airport Business Center Drive and the possible future connection to proposed County Route 11," and the expansion of the Town's non-residential tax -base that the anticipated commercial and industrial development would fuel; and 7 05/12/2003.WS WHEREAS, the formerly proposed Maybrook Railroad/ County Route 11 limited access highway, which was anticipated to spur growth in the northeast corner of the Town, a key rationale for designating the Nesheiwat Property and surrounding area as first Conservation Office Park, and subsequently Industry, is no longer proposed; and WHEREAS, because the Maybrook Railroad/ County Route 11 limited access highway is no longer proposed, the justification for both the Conservation Office Park and Industry designations of the Nesheiwat Property and the Adjacent Properties, and the Al and CC zoning of these properties, is no longer as strong, particularly for properties with sole frontage on Maloney Road; and WHEREAS, the land -use designation recommended in the Town Comprehensive Plan for the Nesheiwat Property and the Adjacent Properties was recently reclassified by the Town Board from Industry to Residential One to Two Acre in anticipation of the proposed rezoning to R-40; and WHEREAS, as part of its amendment of the Town Comprehensive Plan and reclassification of the subject properties, the Town Board adopted a negative declaration of significance for the reclassification and the subsequent and rezoning of the subject properties in accordance with SEQR, thereby concluding the SEQR process; and WHEREAS, the proposed R-40 zoning for both the Nesheiwat Property and the Adjacent Properties is in keeping with the overwhelmingly residential/rural character of Maloney Road; with the residential zoning and residential land uses recommended by the Town Plan for the north side of Maloney Road; and the numerous instances of poor sight distance along Maloney Road, which is a windy, hilly road unsuitable for commercial and industrial uses; and WHEREAS, the proposed rezonings are also consistent with the recently reclassified recommended land -uses for the Nesheiwat Property and the Adjacent Properties to residential land uses; and WHEREAS, because of its proximity to the airport, the Nesheiwat rezoning application was referred to the Airport Director of the Dutchess County Airport, and the Director, in a letter to the Planning Board dated 11/25/02, made no objection to the proposed rezoning from AI to R-40, but noting that a "Transitional Slope of 7 to 1 exists off of the sides of the Approach Slope [to runway 241" and that "a portion of the terrain within the subject parcel itself penetrates this Transitional surface... along the most southerly border and along the crest of the hill ... by 20 feet," and recommended that no structures 8 05/12/2003.WS be constructed and that "vegetative (tree) growth" be limited in said portion of the Nesheiwat Property; and WHEREAS, the Town Board has determined that the Town of Wappinger Zoning Law requires updating and correction; and WHEREAS, the Town Board has authorized the preparation of recommended revisions to the Town's Zoning Law; and WHEREAS, the Town Board currently has before it for consideration the proposed revisions to the Town of Wappinger Zoning Law that would rezone 25.32 acres of land to R-40 One -Family Residence (the "Proposed Action"); and WHEREAS, on April 10, 2003 the Town Board held a public hearing on the proposed amendment to the Town of Wappinger Zoning Map, at which time all persons interested were given an opportunity to be heard and the hearing was closed on that date; NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. 7 of 2003; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from time to time, are to remain in full force and effect. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Nay CHRISTOPHER J. COLSEY voting Aye The resolution is hereby duly declared adopted. RESOLUTION NO. 2003-139 RESOLUTION AUTHORIZING THE ISSUANCE OF $550,000 SERIAL BONDS FOR THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE ACQUISITION AND INSTALLATION OF COMPUTER HARDWARE AND SOFTWARE AND FURNISHINGS TO BE USED IN CONNECTION THEREWITH TO IMPLEMENT THE TECHNOLOGY MASTER PLAN, OF AND FOR SAID TOWN The following resolution was moved by Councilman Colsey and seconded by Councilman Paoloni. 7 05/12/2003.WS WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the acquisition and installation of computer hardware and software and furnishings to be used in connection therewith to implement the technology master plan, of and for the Town of Wappinger, Dutchess County, New York, including incidental expenses in connection therewith, at a maximum estimated cost of $550,000, there are hereby authorized to be issued $550,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such class of objects or purposes is $550,000, and the plan for the financing thereof is by the issuance of the $550,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five yeas, pursuant to subdivision 89 of paragraph a of Section 11.00 of the Local Finance Law, as each component item of said class has a period of probable usefulness of at least five years under one or more subdivisions 32 or 52 of said paragraph a. It is hereby further determined that he maximum maturity of serial bonds herein authorized will not exceed five years. Section 4. Subject to provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal Of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in 10 05/12/2003.WS such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess, County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to he Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such 11 05/12/2003.WS form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 — 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. This resolution, which takes effect immediately, shall be published in full in the Poughkeepsie Journal and Southern Dutchess News, the official newspapers, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The resolution is thereupon declared adopted. RESOLUTION NO. 2003-140 A RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $1759000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY PART OF THE $3729000 ESTIMATED MAXIMUM COST OF THE CONSTRUCTION AND EQUIPPING OF THE RECYCLE CENTER PROJECT OF AND FOR SAID TOWN 12 05/12/2003.WS The following resolution was moved by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the construction of equipping of the Recycle Center Project, of and for the Town of Wappinger, Dutchess County, New York, including incidental expenses in connection therewith, at a maximum estimated cost of $372,000, there are hereby authorized to be issued $175,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $372,000, and the plan for the financing thereof is by the issuance of up to $175,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution, $197,000 funds of said Town previously having been expended for such specific object or purpose. The amount of serial bonds to be issued hereunder shall be reduced by any New York State Department Environmental Conservation Grant hereafter received for said specific object of purpose. Section 3. It is hereby determined that he period of probable usefulness of the aforesaid specific object or purpose is twenty-five years, pursuant to subdivision 6 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. 13 05/12/2003.WS Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess, County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges 14 05/12/2003.WS for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if. 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 — 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to he permanent funding of the object or purpose described herein. Section 11. This resolution, which takes effect immediately, shall be published in full in the Poughkeepsie Journal and Southern Dutchess News, the official newspapers, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The resolution is thereupon declared adopted. 15 05/12/2003.WS RESOLUTION NO. 2003-141 RESOLUTION AUTHORIZING TH ISSUANCE OF $200,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY NEW YORK, TO PAY THE COST OF THE PURCHASE OF VARIOUS EQUIPMENT FOR USE BY THE HIGHWAY DEPARTMENT AND THE RECREATION DEPARTMENT, OF AND FOR SAID TOWN The following resolution was moved by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the purchase of various equipment for use by the highway department and the recreation department, of and for the Town of Wappinger, Dutchess County, New York, including incidental expenses in connection therewith, at a maximum estimated cost of $200,000, there are hereby authorized to be issued $200,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions o the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such class of objects or purposes is $200,000 and the plan for the financing thereof is by the issuance of the $200,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. Subject to provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. 16 05/12/2003.WS Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess, County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to he Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges 17 05/12/2003.WS for mailing, shipping and insuring bonds transferred or exchanged by the voting fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the ROBERT L. VALDATI Local Finance Law, no such charges shall be so collected by the fiscal agent. Aye Such bonds shall contain substantially the recital of validity clause provided voting for in section 52.00 of the Local Finance Law and shall otherwise be in such JOSEPH PAOLONI form and contain such recitals in addition to those required by section 52.00 Aye of the Local Finance Law, as the Supervisor shall determine. voting Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 — 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to he permanent funding of the object or purpose described herein. Section 11. This resolution, which takes effect immediately, shall be published in full in the Poughkeepsie Journal and Southern Dutchess News, the official newspapers, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The resolution is thereupon declared adopted. DISCUSSIONS: Tri -Municipal Sewer Phase 3B Planning 18 05/12/2003.WS At this time, 7:40 p.m. Councilman Bettina made a motion that the Town Board and Professionals stay seated for the remainder of the meeting for purposes of discussing the creation of Phase 3B Municipal Sewer District. Seconded by Councilman Valdati There was no other business to come before the board. Councilman Bettina moved to close the meeting, seconded by Councilman Paoloni and unanimously carried. The meeting adjourned at 9:00 p.m. 19 0 Gloria J se Town NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filin ' __... (Use this form to file a loeal law with the Secretary_of State.) Text of la* should be .given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. of WAPPINGER Town VURge Local Law No. #7 of the year 20 03 A local law • entitled "Local Law Amending the Zoning Law and the Zoning Map (Insert Title) ofthe Town of Wappinger for Properties Off Maloney Road" Be it enacted by the TOWN BOARD of the (Name of.Legislathe Body) of VJAPPINGER as follows: Town valage TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11199). LOCAL LAW # 7 OF THE YEAR 2003 A Local Law entitled "Local Law Amending the Zoning Law and the Zoning Map of the -Town of Wappinger for Properties off Maloney -Road'-'. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law Amending the Zoning Law and the Zoning Map of the Town of Wappinger for Properties off Maloney Road". Section 2: Legislative Intent The proposed R-40 zoning for the properties on the south side of Maloney Road is in keeping with the overwhelmingly residential/rural character. of Maloney Road; with the residential zoning and residential land uses recommended by the Town Plan for the north side of Maloney Road; and the numerous instances of poor sight distance along Maloney Road, which is a windy, hilly road unsuitable for commercial and industrial uses. The proposed changes are also in keeping with the recent reclassification by the Town Board of the 1988 Town Comprehensive Plan recommended land uses for the properties from IND Industry to One Half to One Acre Residential and One to Two Acre Residential. References are to sections of the Town of Wappiinger Zoning Code. 2 Section 3: The properties in the following Table 1 and attached Figure 1 shall be rezoned as shown therein: 1 Q"I 1 Approximate - - - Tax ID Size Acres) Current Zoning New Zonin 6259-02= 18.5 AI Airport R-40 605758 Industry 6259-02- 0'6 Al Airport R-40 666800 Industry 6259-02- 6.22 CC Conservation R-40 558778 Commercial Section 4: Except as specifically modified by the Amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. 3 Section 5: 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 petition to other persons or circumstances. It is hereby declared to be the legislative intent 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 hereof is held inapplicable had been specifically exempt there from. Section 6: 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. j:\docs2\500\wappinger\zone amendments\neshiewat.499.locallaw.lkb.doc 5 (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 by the of the (C�i� X)kQ (Town)( l gg) of ----- Wagp1ngE�------------------------------------------- ____Town _Board ___________________________ on _May__12,_____-: 20 0., in accordance with the applicable provisions of law. (Name of Legislative Bady) ' 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) ---- of 20------ I hereby certify that the local law annexed hereto, designated as local law No - -----------------------as duly passed by the ------------------------- of the (County)(City)(Town)(Village) of ---------------------20------------------, and was (approved)(not approved)(repassed after (Na.- of Legislative Body) ___ and was deemed duly adopted on ------------------ 20----, disapproval) by the ----------------------------------------------- _____ (Elective Chief Executive Officer') in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local lav annexed hereto, designated as local law No. ------------------"-Was duly passed by the - -------------------------- of the (County)(City)(Town)(Village) of -----------=--------- 10_ ==_ , and was (approved)(not approved)(repassed after -------------------------------- ------------------ on ----------------- (Name ofLegWarive Body) y disapproval) bthe ---------------------------------------------- ___ on------------------- 70---- • Such local lav was submitted (Elective Chief Execmive Officer*) to the people by reason of a (mandatory)(permissive) referendum. and received the affirmative vote o faamajonty of the qualified electors voting thereon at the (general)(special)(annual) election held on --- -------------- accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) ---- of 20------ I hereby certify that the local law annexed hereto, designated as local law No. ------------------""Was duly passed by the ---------- of the (County)(City)(Town)(Village) of --------=---------------- ---------------------------------------------- on ------------------ 20----, and was (approved)(not approved)(repassed after (Name of Legislative Body) Such local law was subject to disapproval) by the --------------------------------------------- on ------------------ 20 --- • (Elective Chief Esecurive Officer') permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 2Q--- , in accordance with the applicable provisions of law. * Elective tive Chief Executive Officer means or Includes the chief executive officer of a county elected on a county - county ve body, wide basis i o f etown wherethe chairperson of such officer is vested with the powerito approve or veto village,ayor of a city or or,v to local laws or oydinances. the supervisoso r (2). 5. (City local law concerning Charter revision proposed by petition.) ___ of 20 -L__ -- I local law hereby certify that the local law annexed hereto, designated been submitted lto referendum pursuant to the provisions of -Rule the City of -: - o ---- ----------------------unic section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majonOty-o 't e qualified electors of such city voting thereon at the (special)(general) election held on ------------- became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated Si to of New York, having been submitted to the electors of the County of --------------- ------------ - --0____ }pursuant to subdivisions 5 and 7 of section '_3 of the at the General Election of November _----------ed the " "fied electors of the v d ual wed electors of the towns of said county affirmative vote of a majority of the hconsidered as a unitcrt- Municipal Home Rule Law, and having recei ies of said county as a unit and a majority of theq voting at said general election, became operative. other authorized form of final adoption has been followed, please provide an appropriate certification.) any (If y I further certify that I have compared the preceding llocal lawnand wasefd that the inaly d ptedin this office in the manner in- is acorrect transcript therefrom and of the whole of such origr a _ ��a /,���� ' dicated in paragraph------- above. (.Seal) Clerk of the County leg' or officer desicnated by (Certification to be executed by County Attornev, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.), STATE OF NEW YORK CouNrYOF DutchPR4 1. the undersigned, hereby certify that the foregoing local lav contains the correct text and that all proper proceedin°5 have been had or taken for the enactment.of the local law annexed hereto. ALBERT P. ROBERTS, ATTORNEY TO THE TOWN Title of. WAppINGER Town 05/27/2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on May27, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Amending the Town Code, Historic Preservation Law. Supervisor Ruggiero opened the meeting at 7:45 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. There were none. Councilman Colsey moved to close the Public Hearing seconded by Councilman Bettina and unanimously carried. The Public Hearing closed at 7:46 p.m. b Gloria J. rse Town k TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER .X1 NOTICE OF PUBLIC HEARING AMENDING THE HISTORIC PRESERVATION LAW FOR THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 15, 2003, your deponent posted a copy of the attached notice of Public Hearing Amending the Historic Preservation Law for the Town of Wappinger 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 thea % day ,2003 ROBIN D. SECOR Notary Public, State of New York Redding in Dudteas Courdy Registration # 01SEB040302 My Commission Expires April 17, 20a(P t S(_)I.)THFRN r)(.)TCHF$S NFIA REACON FREE PRESS A4 FAs,r MATN STREET WAPPTNGFR`� FAI. I. -S, NY 1.12F00 on% -F IF I c! --4. %_- I t_ c� -F P ■._a " Z. _'.- C--- ;� t_ %. c'7 1-1 ..r,7: I.,IAPPTN( ERS FAI_A..`',, TCilx,IN RAX '3* 4 I.dAPP :CNGFRS c: AI...A. ; ; N''r .a.t.a o,f NFInl T ; TINA HEATH; hei.ng cft_t,1.;; depos-P. and Say: that. T am file. P,(`)C)K.Kc*F.PER o1= Sc)1.it.hern F,t,It.e h:=3ss Npo )� a. I,leeklY i1F.1nl papYr C)f CIf=)riera.1. Pt.i.h1 ish�0 in FAI....I... ; (-;r,i, i f.v of I:)HTCCHF S :. ; : ,tate of NEW YORK: and of i&l h .i t:: h t. h e a. n n �; x: e d is a. P 1.nt.e.d ('_is py; i'ta.s duly pu..i'.i.l.1.�=.+h(=d in 5;ntit.he^rri C)t fr.hr - h•Jp.ws anr:a on 05i1.4fO)-�:. HJ7.. 1 5 t. h (-) f May; 0 0:'3 I'`1 is t. a. l- ;v' [D I_1 h I �I. r: ALBERT M OSTEN NOTARY PUBLIC, STARE OF NEW YORK QUALIFIED I N OUTCHESS COUNTY 14.8240760 COMMISSION EXPIRES JUN 15 2003 RECEIVED -TOWN CLERK. AMENDMENT OF THE TOWN CODE -ADOPTION OF HISTORIC PRESERVATION LAW TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a PublicHearing on the 27th day of May 2003, at7:30 PM at the Town Hall, 20 Middlebush Road, Wappinger, New York at which time all parties in in- terest and citizens shall have an oppor- tunity to be heard as to whether the Town Board of the Town of Wappinger should i `amend and reviseftTown Cade by add - Ing a new chapter entitled Historic Pres- ervatlon commission, a process to land- mark historic properties and a method for reviewing charges to these land- marks= PLEASETAKE FUgTHER NOTICE 1hatTown Board has determined that the Proposed Action Is a Type l action pur- suant to Article B of the Environmental Conservation Lew, Part 617 NYCRR (cornmony known as "SEORA%via Lo- cal Law No. 6 of 1992 (the Town's envi NOTICE +- adds rkttit PM. DATED: May 5, 2003 BY ORDER OF THE -TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse, Town Clerk 0290 Poughkeepsie Journal Poughkeepsie, N.Y. a coin n NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE ADOPTION OF HISTORIC` PRESERVATION LAW - TOWN OF WAPPINGER NOTICE IS. HEREBY GIV- EN the Town Board of the Town of Wappinger will conduct a Public Hearing on the 27th day of May 2003, at 7:30 PM at the Town Hall, 20 Middlebush Road. Wappin- ger, New York at which time all parties in Interest anti citizens shall have an oppor- tunity to be heard as to whether the Town Board of the Town of Wappinggor should amend and revise the Town Code by adding a new chapter entitled Historic Preservation Law. This new local law Includes the estab- lishment of a local. Historic Preservation Commission, a process to landmark historic properties and a method for reviewing changes to these landmarks. PLEASE TAKE FURTHER NOTICE that,, Town Board hes determined that the Proposed Action is a Type l actionpursuant to Article 8 of the Environmental Con servatlon Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which designates local Type I actions). PLEASE TAKE FURTHER NOTICE that the, ;Town` Board has reserved.Its right, to make its Determination of S* If, pursuant . to SEORA until the conclusion of the Public Hearing to be held on the adoption of the proposed amendments. PLEASE TAKE FURTHER NOTICE that the fu9,text of: the draft proposed amend-' ments will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: May 5, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER' Gloria Morse` Town ftig VIT OF PUBLICATION 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 in the city of Poughkeepsie, Dutchess County, New York, and that the anne(NJ N1OnTsj�Faa84uly published in the said newspaper for weeks successively, in each week, commencing on the 17 th . day of 2003 and_ thereafter, namely on: on the following dates And ending on the day of 2003 ,both days inclusive. Subscrib worn to before me this .2 0`l day of , 200 otary Public My commission expires QC A Public Hearing was held by the Town Board of the Town of Wappinger on May 27, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Amending the Planning and Zoning Fee Schedule. Supervisor Ruggiero opened the meeting at 7:47 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. There were none. Councilman Colsey moved to close the Public Hearing seconded by Councilman Bettina and unanimously carried. The Public Hearing closed at 7:48 p.m. Gloria J. o e Town Cl TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING AMENDING THE PLANNING AND ZONING FEE SCHEDULE FOR THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 15, 2003, your deponent posted a copy of the attached notice of Public Hearing Amending the Planning and Zoning Fee Schedule for the Town of Wappinger 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. a GLORIA J. SE Town Cle Town of Vappinger Sworn to before me the 0 q day of mA ,2003 ROBIND. SECOR Notary Public, State of New York Residing in Duchess County Registration # olSE604W My Commission Expires April 17, 2000 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION • NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN ZONING CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIV- EN the Town Board of the Town ofWappinger will conduct a Public Hearing on the 27th day of May 2003, at 7:30 PM at the Town Hell, 20 Middlebush Road, Wappin- ger, New York at which time, all parties in Interest and citizens shall have an oppor- tunity to be heard as to whether the Town Board of the Town of Wappinger should: 1) Amend the Plan- ning and Zoning Depart- ment Fee Schedule to incor- porate a minor fee and procedure for conceptual reviews before the Planning Board; 2) Amend the Es- crow Procedure and Initial Deposit Schedule to allevi- ate the financial burden imposed on applicants who submit applications of a minor nature to the Planning Board, by creating a new class of applications, "Minor Applications," which would require the applicants for such minor applications to deposit and maintain an escrow fund of $500, in- stead of the significantly higher escrow funds which are normally required; and IIncorporate said sched- s into Chapter 240, Zon- ing, of the Town Code. PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is a Type II action pursuant, to Article 8, of the Environmental Con- servation Law, Part 617 NYCRR ((commonly known as "SEORA") vis Local Law No. 6 of 1992 the Town's environmental quality review law) which actions have j been determined not to have a.:signficant adverse Impact upon,'the environ- ment end are exempt from further environmental review in accordance with SEORA. PLEASE TAKE'FURTHER NOTICE that the full text of the draft Proposed amend ments, will be available for review and inspection at the office of the Town Clark on, weekdays from 8:30 AM. o' 4;00 PM,. , DATED: May5,, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse" Town lle 3 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 in the city of Poughkeepsie, Dutchess County, New York, and that the annegiNl00�Paa8 July published in the said newspaper for weeks successively, in each week, commencing on the 17th . day of 2003 and on the following dates thereafter, namely on: And ending on the day of 2003 ,both days inclusive. Subscribed and sworn to before me this day of �1, 2003 tary P tic f � My commission expires 0290 QU1yp4 rt°l '1 '. SOUTHFRN D(JTCHFS�S NEW fEAMN FREE PRFS A4 FAST MATN FTRF.FT I.dAPPTN FR FAI._I., NY I..JA.PP:T NGFR`= tl...l... T()IAIN P :. l: l „ 19 (").X 'j . 4 1.1APPINC;FRS F,44. 1... 1- , NY 7 ? 5 9 :it.a.t.r (7,F NFt,d YORK County of J., TINA HFATI , hr:1,nC( (-il1..f.y sworn, depose. and. I N( that. T gill the fi(-)(-)i'C.KFFPFR of ;nij..t.hern Al tl L)l.,tt (-JI'lF=`-,9 f`ie()'=, _ a Islet-;kl y rievispaper of CleneY-r"3..l. ,,- pl(h ] i shPc( in 1JAPPTPIt3FRh FAI. I.. S ; NOT Boar (":()l.i.nt.y of C)t.lTC:HF. and State of NFI:,I YORK. gond day c t hat not. J. OP, of (..:Ihi rh t. fie, a.nnP.Xed I a Hau, New Pr i rlta(f (:ony; ;,,las c!u1..y P1,r?7..Ishr-d In Sout.herrl Inter, I.l1.It.Cfl-s t)ni^,.e,, i7n 05/14/03„ porn Tom shoo Ing C Pora cont Boar andl that cant: L•:it`tl n t o h�tnrr rrla t h.i..:: :f 5t.h day of May �a apP Not a r y P 1 l as escl ALBERT M. OWNTOW x441 ., ules NOTARY PUBLIC, STME OF NEW YORK PLE QUALIFIED IN UUTCHESS COUNTY that # 14.8240760 '-Prol COMMISSION EXPIRES JUN 15j 2003 con (cor ZING ' WN ` I ie Town ger will ne 27th i Imposed on appli- plicadons of a mkwr ng Board, by creat- pplications, "Minor ± i would require the minor acolications the Environmental Part 617 NYCRR as "SEORA") and N No. 6 of 1992 (the amendniiints wile be availatie for review and Inspedionat the office of the Town Cleric on weekdays from 9:30 AM to 4:00:.'. PM DATED. May 6; 2003. , BY ORDER OF THE TOWN BOARD OFTHETOVVN OF WAPPINGER- Gloria Morse, Town Clerk