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2001-06-25 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JUNE 25, 2001 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL, PLEDGE ALLEGIANCE TO FLAG 3. REPORTS OF OFFICERS: Sup/Compt, Bldg. Insp., Zng. Adm., Justice Court, Receiver of Taxes, Assessor 4. Accept Minutes: May 29, 2001, Town Board Meeting 5. PETITIONS & COMMUNICATIONS a. Dan Stone re: Chelsea Water b. Notification of intent to apply for a liquor license from Better Foods Enterprises, "Bobby's Deli & Grill" 1593 Route 376, Wappingers Falls, NY. c. G. Foster Highway Superintendent re: (1) Paving Doyle Drive (2) Bids for Pick-up truck (3) Drainage request from Amy Kwei Foxhill Rd. &Lake Oniad Dr. d. Charles Spruer, Director DC Classic re: Mid Hudson Road Runners Club use of Town Road and Robinson Lane Rec. area on Sunday September 16a'. e. Frampton complaint barking dogs at 27 Reggie Drive. f Zager complaint 103 Brother Road g. Mendel complaint 80 Gold Road h. D. Brown, Water/Sewer Billing re: Late penalty charge Mr. Shah 55 Reggie Dr. i. E. Saris, Tax Attorney re: Wappinger Falls Mobile Home Parks. j. Request for return of Escrow (1)G&L Scroggan, 8 Wildwood Dr. $1,500 (2) Mr.&Mrs. Pansy 35 Kent Road $1,000 (3) J. Miribilio Jr. 20 Old State Rd. $10,000 (4) S &L Daneshvar 24 Carmel Hts. $1,000 (5) Ty Youngs 27 Hackensack Hts. $1,000 (6) O'Donnell Const. 10 Valley Rd $4,000. k. CAMO Pollution Reports (1) Sewer Backup at 24 Bell -Air Lane w/correspondence from Mr. Fritsch,owner (2) Surface Water 5 Peter Drive (3) Town Water Systems (4) Emerald Tech Water Hookup (5) Tewey Water Leak 1. Thomas ,70 Gold Road water leak. m. J. Paggi Eng. to Town Reports. (1) 6/176 Hackensack Hts Rd. (2) 6/12 Rockingham Curbs (3) 6/12 Leahey complaint 26 Bell -Air Lane (4) 6/12 Gray, 39 Sucich repaving request (5) 6/11 Hilltop Business Pk Bond Calc.(6) 6/12 Change Order, Scott & Carroll Dr. Drainage Improv. (7) 6/13 Accept Map, Plan & Report Oakwood Knolls Water District. (8) Award Anvnil Court Water Main Extension Contract n. Bruce Pearson Widmer Const. re: Land purchase Wendy Dr. o. 'DC Surplus Vehicle & Equipment sale. p. Joseph Kalister re; relinquishing property to County due to unpaid taxes. q. Geoscience re: Quarterly monitoring report Castle Point Landfill r. Al Roberts Atty to Town (1) DiPalma 154 Robinson Lane s. Accept Water/Sewer Easement for Meadowood/White 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT a. Zoning Administrators Report b. Segal Letter of Credit 8. RESOLUTIONS a. Introduce and set Public Hearing for Recission of Alpine Rezoning b. Adopt Pooper Scooper Law c. Adopt Doyle Dr. Resolution re: Orange Ooze. a 10. NEW BUSINESS 11. ADJOURMENT REMINDER: 7:25 PM PUBLIC HEARING POOPER SCOOPER LAW 06/25/2001.RGM The Regular Town Board Meeting of the Town of Wappinger was held on June 25, 2001 at the town hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 7:30 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, 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 Supervisor asked all to join in the Pledge of Allegiance to the Flag. REPORTS OF OFFICERS Reports for the month of May were received from the Town Justices, Supervisor/Comptroller, Building Inspector, Receiver of Taxes, Zoning Administrator and Assessor. COUNCILMAN PAOLONI moved to accept the reports of officers and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried MINUTES The Minutes of the Regular Meeting of 5/29/01, having previously been forwarded to the Board Members, was now placed before them for their consideration. COUNCILMAN PAOLONI moved that the above stated Minutes as presented by the Town Clerk be and they are hereby approved. Seconded by Mr. Bettina Motion Unanimously Carried Supervisor Smith informed the Board that Dan Stone will be attending the next meeting. Notification of intent to apply for a liquor license was received from Bobby's Deli & Grill, 1593 Route 376. COUNCILMAN VALDATI moved to accept the notification and place it on file without comment. Seconded by Mr. Bettina Motion Unanimously Carried Several reports from Highway Superintendent, Graham Foster. The first is the report on the paving schedule for Doyle Drive. There are 104 roads totaling 30.61 miles left on the fifteen -year paving plan. In order to state when a given road will be done each road will be evaluated by condition. The worst will be done first. To determine how many years it will take to complete the plan some idea is needed to determine how many years it will take to complete the plan and how much money will be allocated each year. It takes 1 06/25/2001.RGM approximately $60K to prepare, pave and tie in one mile of highway. The following is a breakdown: $300K per year divided by $60K = 5 miles per year $400K per year divided by $60K = 6.7 miles per year $500K per year divided by $60K = 8.3 miles per year Once a commitment is made (i.e. $400K per year = 6.7 miles), 30.61 divided by 6.7= 4.6 on a five year plan. The roads will be rated 1-5 based on condition and use. Discussion followed. COUNCILMAN VALDATI moved to table to a workshop to discuss on how to handle this. Seconded by Mr. Bettina Motion Unanimously Carried Next is a bid for the two pick up trucks for the Highway Department. Mr. Foster sent out requests to bid and specifications to eight dealers and only one responded. The bid was received from Poughkeepsie Chevrolet for $51,190.00. The original bid was submitted in error from Poughkeepsie for, $43,875.00. Mr. Foster recommends the bid for the pick-up trucks be awarded to Poughkeepsie Chevrolet, for $51,190.00. Discussion followed. COUNCILMAN RUGGIERO moved to table until Mr. Foster obtains copy of specs and reasons from dealers as to the reason they did not bid. Seconded by Mr. Bettina. Motion Unanimously Carried A letter from Amy Kwei in of 30 Lake Oniad Drive in regard to a health hazard in her neighborhood. Whenever it rains, the lot between her home and her neighbors, the McGowan's on Foxhill Road collects with water and becomes a breeding ground for mosquitoes. She is requesting the Town Board give Mr. Foster permission to install a drainage easement between their homes. COUNCILMAN BETTINA moved to authorize the Supervisor to send a letter informing Ms. Kwei that the town does not do work on private property. Seconded by Mr. Valdati Motion Unanimously Carried A letter was received from Charles Sprauer, traffic director of the Mid -Hudson Road Runners Club requesting a parade permit along the part of Robinson Lane which falls under the jurisdiction of the town of Wappinger. They are requesting that the road be closed from 8:30 a.m. until 10:00 a.m. in order to cover the start of the marathon/half marathon as well as the running of the 5K race. They are also requesting that the road be limited to one way traffic from 10:00 a.m. until 11:30 a.m. which covers the half - marathon. They are in the process of obtaining certificates of insurance and will forward a copy to the Town Clerk. Mr. Foster explained that there is a problem with this request. He does not feel our residents should be impacted by this request. The majority of the runners are from out of town. Mr. Foster made an agreement with the race organizer 3 years ago that Robinson Lane would be closed for approximately % hour when all the 2 06/25/2001.RGM 3 runners would be coming down. After that they would keep one lane open so residents that live on or off Robinson Lane and Emergency Vehicles would have access. Under these conditions we can agree to the race. COUNCILMAN PAOLONI moved to place on file with conditions specified by Mr. Foster. Seconded by Mr. Ruggiero Motion Unanimously Carried r..► Corresponded from the Frampton family of 17 Reggie Drive regarding the barking dog that resides at 27 Reggie. The dog barks continually From 5:30 a.m. and when they return home at 4:00 p.m. it is still barking. Many times, the dog is still barking after 9:00 p.m. They listened to the dog bark all last summer. They called the dog warden, but she never returns their calls. The State Police were also contacted who in turn called the dog warden but she did not return their call either. Discussion followed COUNCILMAN BETTINA moved to accept and take to a workshop. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Marie Zager, of 102 Brothers Road complaining that wire she left out for the Spring clean-up was never picked up. She is a widow, and would have no way to dispose of the wire. Mr. Foster informed the board that he received the complaint on 6/20, went out on the same day, and there was nothing in front of the house. COUNCILMAN BETTINA moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried A complaint was receive from Walt Mendel of Gold Road in regard to the Spring cleanup. Mr. Mendel felt this years cleanup was an eyesore. Mr. Mendel feels that because of the many holidays at this time of year, the town should set aside trash barrels along every lot on every street in the town for trash pick-up. He feels that the town should take Memorial day into consideration when planning for the pick-up. Mr. Foster explained that he gets complaints every day, but he knows of no time during the year when there is a ten week stretch without a holiday. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Debbie Brown, Water/Sewer Clerk w/correspondence from Mr. Shah of 55 Reggie Drive. Mr. Shah was billed for his water service period from 1/01/01to 03/31/01. Bills were sent out on 04/09/01 and the due date was 05/15/01. Mr. Shah's check is dated 05/01/01 and the postmark on the envelope is dated 05/11/01. The envelope with the payment was not delivered to the Tax office until 05/24/01 (already past 5 day grace period) so Mr. Shah was charged a penalty. Mr. Shah feels this is the fault of the Post Office, not his, and is requesting the Town to waive the $12.00 late penalty charge. 3 06/25/2001.RGM COUNCILMAN RUGGIERO moved to waive the late penalty charge of $12.00 as requested by Mr. Shah. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Emanuel Saris, Tax Attorney with an a self explanatory letter from Mr. Adams for the towns review, on Wappinger Falls Mobile Home Park, Roberts Running Creek Mobile Home Park and Rawls Leisure Living, Inc. COUNCILMAN PAOLONI moved to accept the correspondence from Mr. Saris and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Next are several requests for the return of escrow. The first is a request from Gary & Linda Scroggan, 8 Wildwood Drive $1,500, for seeding. COUNCILMAN VALDATI moved to authorize the return of escrow in the amount of $1,500 to Gary and Linda Scroggan, based on the recommendation of the Building Inspector Seconded by Mr. Ruggiero Motion Unanimously Carried A request for return of escrow in the amount of $1,000 from Mr. And Mrs. Pansy, 35 Kent Road seeding. Mr. Foster informed the board that this request for return of escrow was not acceptable, because the grading has not been done. COUNCILMAN VALDATI move to table this request to a workshop with Building Inspector, Zoning Administrator, Engineer to the Town and Highway Superintendent in attendance. Seconded by Mr. Ruggiero Motion Unanimously Carried A request for return of escrow in the amount of $10,000 from John Miribilio Jr., 20 Old State Road. for driveway. COUNCILMAN RUGGIERO moved to authorize the return of escrow in the amount of $10,000 to Mr. Miribilio, based on the recommendation of the Highway Superintendent. Seconded by Mr. Paoloni Motion Unanimously Carried A request for return of escrow in the amount of $1,000 from Shahram and Lori Daneshvar, 24 Carmel Heights, seeding. COUNCILMAN RUGGIERO moved to authorize the return of escrow in the amount of $1,000 to Shahram and Lori Daneshvar, based on the recommendation of the Highway Superintendent. Seconded by Mr. Paoloni Motion Unanimously Carried A request for return of escrow in the amount of $1,000 from Ty Youngs, 27 Hackensack Heights Road, driveway. 4 06/25/2001.RGM COUNCILMAN PAOLONI moved to authorize the return of escrow in the amount of $1,000 to Ty Youngs, based on the recommendation of the Highway Superintendent. Seconded by Mr. Valdati Motion Unanimously Carried Request for return of escrow in the amount of $4,000 from O'Donnell Construction, 10 Valley Road for seeding and driveway. COUNCILMAN PAOLONI moved to authorize the return of escrow in the amount of $4,000 to O'Donnell Construction based on the recommendation of the Deputy Building Inspector and Highway Superintendent. Seconded by Mr. Bettina Motion Unanimously Carried Next are several reports from CAMO Pollution Control. The first is the sewer backup at 24 Bel Air Lane. CAMO received a call on May 30th at 3:30 p.m. from the plumber working at the above residence. He indicated that there was a broken lateral in the road. Working with the plumber, CAMO discovered The problem was 10 feet from the road curb in the homeowners front yard. CAMO informed the homeowner and the plumber the towns policy regarding the homeowners responsibility for broken sewer pipes from the home to the paved portion of the road.. The homeowners contractor was able to remove the section of pipe which was obstructed, put in a small section of pipe under the cable, and return the homeowner's sewer service to normal. COUNCILMAN VALDATI moved to accept the report from Mr. Tremper and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried The next report concerns the Surface Water at 1 Peter Drive. On May 18th, CAMO Pollution receive a notice of a small amount of surface water in front of 1 Peter Drive. Closer inspection with CAMO's leak detection equipment revealed a water leak on the service to the home at 1 Peter Drive. Further investigation revealed that the leak repair was the responsibility of the homeowner. Per your request, CAMO has sent him a letter via Certified Mail in order to ensure that he has the leak repaired. COUNCILMAN PAOLONI moved to accept the report from Mr. Tremper and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The next report concerns the Town Water System. The last weeks of April and the first of May have been hot and dry for this time of year, and water usage jumps enormously in all districts. As stated in the past, the districts are not able to support heavy water usage for an extended period of time. Fortunately, Sprout Creek remains full from the winter and early spring. If these conditions persist, the creek and the Hilltop aquifer levels will drop considerably. CAMO Pollution is hopeful that the two new wells at Atlas can be put on line within the next few weeks. This will provide additional flow from Pizzagalli 5 06/25/2001.RGM interconnection to supplement the wells. As soon as the interconnection is in operation CRMO will work out all the bugs to ensure that if and when severe drought conditions exist they will be able to optimize the flow from the new Atlas wells to the Hilltop well fields. If the existing weather conditions persist, it will be the first time we enter into a dry summer condition without the Rockingham wells and storage tank. The additional flows from the Roberts Mobile Home Park and the added population at the Pizzagalli/IBM buildings will add to the draws on the existing wells. Mr. Tremper would like to discuss this matter further. COUNCILMAN VALDATI moved to take to a workshop for further discussion. Seconded by Mr. Ruggiero Motion Unanimously Carried The next report concerns the Emerald Technology Solutions Water Hookup. One June 1, 2001, Emerald Technology Solutions completed their water service connection to the fire loop as approve by the Town Board. Everything appeared to be in good order at the time of CAMO's inspection. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Paolom Motion Unanimously Carried A copy of a letter CAMO sent to Mr. Martin Tewey, 1 Peter Drive in regard to a water service leak on his side of the curb valve and what actions Mr. Tewey must take to repair the leak per the town water code. COUNCILMAN PAOLONI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Mr. & Mrs. Thomas of 70 Gold Road in regard to their water leak. They were connected to town water by MR. ROOTER in July of 1998, a job that should have lasted for years. CAMO did further checking and felt pretty sure the leak was coming from their valve. They contact MR. ROOTER and were told they would have to pay $1,000 to dig the hole to inspect the pipe. They found another firm that was cheaper to repair the pipe. Mr. Tremper of CAMO, and the Building Inspector Karl Seebruch both agreed that the connection done in 1998 was an inferior one. Mr. Thomas tried to find out who the Building Inspector was that okayed the job in 1998, but no one seemed to know. He would like to have this on record, because in addition to getting a new pipe installed he had to get top soil and the lawn re -seeded COUNCILMAN PAOLONI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Next are several reports from Jay Paggi, Engineer to the Town. The first report concerns 76 Hackensack Heights. At the last Town Board meeting, Mr. Paggi was authorized to make a field inspection of the above referenced site with Graham Foster, Highway Superintendent. The driveway and the front of the yard are lower than the road, therefore ponding water in this area. The resident has asked that some type of 3 F, 9", 06/25/2001.RGM drain be installed to take the water away. We canvassed the area, and it appears that there is no drain available to remove the water. We feel it would be possible to place a blacktop berm along the east edge of Hackensack Heights Road in front of this house and past the existing driveway to preclude the road runoff from entering the front yard. The berm would then drain into an existing low area just south of the existing driveway and virtually eliminate all road runoff. Mr. Foster indicated that he could place this berm when he paves the roadway. COUNCILMAN VALDATI moved to table to a workshop. Seconded by Mr. Ruggiero Motion Unanimously Carried The next report concerns the Rockingham curbs and an opinion letter from Al Roberts, Attorney to the Town. The cost per tax payer have been calculated for two (2) scenarios for the construction of the drains. The total project cost was $2,000,000.00 and Mr. Paggi was requested to determine a benefit unit cost for a proposed Rockingham curb district, and to look at it as if it were a town -wide charge in the `B" Fund. A benefit unit analysis of the 383 home in Rockingham showed that a 20 year bond would have a per benefit unit cost of between $450 and $500 per year per house. If the same bond was place in the `B" Fund budget, it would increase the rate from $2.54 to $2.74. This would mean an increase of approximately $29 for a house assessed at $150,000. Mr. Roberts was also authorized to research this issue, and he explained that this would be a town charge because it would be the obligation of the town to replace the curbs. Once the road is installed and roads include the curbs, and once they are accepted by the town from the developer, then it becomes a town maintenance responsibility. Discussion followed. COUNCILMAN BETTINA moved to table to a workshop to review further with Highway Superintendent, Engineer to the Town and Town Planner in attendance. Seconded by Mr. Ruggiero Motion Unanimously Carried On June 8"', Mr. Paggi's office received a complaint from Mrs. Sandra Leahey of 26 Bell Air Lane regarding damage to two (2) tires and the transmission on her car from traveling over Bell Air Lane. Mr. Paggi informed Mrs. Leahey that he would forward her complaint to the Contractor so they may turn it over to their insurance company. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried The next report concerns the WST/TIA Phase 3A Contract No. 3. At a recent field inspection of the above reference project, Mr. Paggi met with Mrs. Gray a resident of Sucich Place. The Grays had granted the Town a grading easement to facilitate the lowering of Losee Road. At the field inspection, Mrs. Gray inquired if the Town could repave their entire driveway as part of the consideration for granting of the easement. Discussion followed. COUNCILMAN VALDATI moved to authorize Supervisor Smith to send a letter to Mrs. Gray denying her request. 7 06/25/2001.RGM Seconded by Mr. Bettina Motion Unanimously Carried Mr. Paggi's office has calculated the amount of bond for roadway and utility construction for Hilltop Business Park (St. Nicholas Road). The total construction value of the work (adjusted to June, 2001 dollars) is $234,344 and it has been the practice of the Zoning Administrator" office to add 20% for necessary administrative costs, which would make the total $281,212. The inspection fee for this portion of the project is $7,030. COUNCILMAN BETTINA moved to accept the Hilltop Business Park Bond calculation and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Next is a request for a Change Order for the Scott and Carroll Drive Drainage Improvements. During the installation of the storm line, ledge rock was encountered near the Carroll Drive cul-de-sac. Rock excavation was not included in the original contract. The additional cost associated with this rock removal was $800. COUNCILMAN VALDATI moved to approve the Change Order for $800 and authorize the Supervisor to sign. Seconded by Mr. Bettina Motion Unanimously Carried Mr. Paggi presented the formal copy of the Map, Plan and Report for the Oakwood Knolls Water District for the Proposed Connection to the Central Wappinger Water Improvement and North Wappinger Water District dated June 2001. COUNCILMAN RUGGIERO moved to accept the formal copy of the Map, Plan and Report for the Oakwood Knolls Water District for the Proposed Connection to the Central Wappinger Water Improvement and North Wappinger Water District. Seconded by Mr. Paoloni Motion Unanimously Carried The last item from Mr. Paggi are the Bids for the Anvil Water Main Extension. The bids were received and opened on June 20, 2001. The results are as follows: • Colonial Builders Excavation, Inc. $50,000 • Sun Up Enterprises, Inc. $56,650 • Thomas Gleason, Inc. $58,600 • Globe Contractors $58,800 • Westbank Contractors $64,740 The office has reviewed all the bids, and find them to be mathematically correct and in the proper format. It should be noted that the low bid of $50,000 is slightly higher than our original estimate of $46,200. This may be due partly to the fact that the estimated rock removal quantity was increased to reflect a revised final pipe route location and partly due to inflation experienced in the first six months of this year. The $3,800 increase over the original construction cost estimate would result in the one year cost per benefit unit increasing from $117.55 ($29.39 per quarter) to $125.82 ($31.46 per quarter). It is our opinion that this $8.27 (or $2.07 per quarter) increase in the one year (only) cost N. 06/25/2001.RGM per benefit unit is not unreasonable and we would recommend that the bid be awarded to Colonial Builders, Inc. in the amount of $50,000, they being the lowest bidder. COUNCILMAN PAOLONI moved to award the bid for the Anvil Water Main Extension to Colonial Builders, in the amount of $50,000 based on the recommendation of Mr. Paggi, Engineer to the Town. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN PAOLONI moved to authorize the Supervisor to execute the contract with Colonial Builders. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from Bruce Pearson of Widmer Construction requesting to purchase a small piece of property owned by the town at the end of Wendy Drive in the Wildwood Forest Development. The paved portion of Wendy Drive ends approximately seventy- five from his property. To his knowledge, the town has no plans to extend Wendy Drive to his property line. Mr. Pearson is requesting the town to consider selling him this unused piece of land to enhance his property. Discussion followed. COUNCILMAN PAOLONI moved to take to workshop for further discussion with Mr. Pearson in attendance. Seconded by Mr. Ruggiero Motion Unanimously Carried Moved to authorize Attorney to Town Al Roberts to offer an opinion on above request. Seconded by Mr. Ruggiero Motion Unanimously Carried A memorandum was received for the Dutchess County Automotive Service Center informing the town that the County's Surplus Vehicle and Equipment sale is scheduled to take place in late August or early September. The location will be the County Auto Center on Salt Point Turnpike, next to BOCES. Discussion followed. COUNCILMAN VALDATI moved to authorize Mr. Foster to send the paver to the County as a surplus. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from Joseph R. Kalister, of Dunnellon, Florida informing the town that because he is a Senior Citizen, living on a fixed income, he can no longer afford to pay taxes ($354.83) on a small parcel of property on Old Route 9 North. Mr. Kalister wishes to relinquish all claims on parcel 6157-02596750 and allow the county to assume ownership. COUNCILMAN RUGGIERO moved to table to a Workshop for further discussion. Seconded by Mr. Paoloni Motion Unanimously Carried Notification from Conrad Geoscience Corporation that the renewal contract for the monitoring of Castle Point Landfill is about to expire and they are prepared to continue F� 06/25/2001.RGM providing these services at the rates established in their original response to the Town's proposals in January 2000. COUNCILMAN VALDATI moved to authorize Supervisor Smith to sign the contract with Conrad Geoscience for the monitoring of Castle Point Landfill. Seconded by Mr. Bettina Motion Unanimously Carried As per the Town Board instruction, Al Roberts, Attorney to the Town was authorized to write to Mr. DiPalma of 154 Robinson Lane, in connection with his placement of boulders in the front yard of his property abutting Robinson Lane. Last week, Mr. Roberts received several phone calls from Mr. DiPalma and finally communicated with him on Wednesday. When Mr. Roberts finally received Mr. DiPalma's phone call it was on a cell phone and the connection was poor. Mr. DiPalma was clearly in an agitated state and demanded to know why he was singled out for such a letter when many other people in the Town placed obstruction in the shoulders of the Town Highway near their front yards. Mr. Roberts explained to him that he was not being singled out and this letter was only in response to his actions. Mr. Foster informed the board that the boulders were moved back to the property line. COUNCILMAN PAOLONI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The next item is the grant of Permanent Easement for Water and/or Sewer Purposes for Meadowood/White. Supervisor Smith informed the board that she received a letter today from Tom Rothman, and one of the paragraphs in his letter was incorrect. She hi -lighted the paragraphs that said competitive bidding. It should say permissive referendum. She did receive a corrected copy today from Mr. Roberts. COUNCILMAN RUGGIERO moved to place on file and wait for the final agreement to come in. Seconded by Mr. Bettina Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN PAOLONI had no reports at this time COUNCILMAN RUGGIERO on the estimate to construct a Curtain Drain on Baldwin Drive. Graham Foster was asked to estimate the above project. He would estimate the cost at less than $2,000 and can be completed this construction season. He does suggest that we notify the owner of the pipe in question and it will be his responsibility to tie in his pipe to our curtain drain. COUNCILMAN RUGGIERO moved to authorize $2,000 for construction of a Curtain Drain on Baldwin Drive. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN BETTINA had no reports at this time. 10 06/25/2001.RGM COUNCILMAN VALDATI had a question on dog enumeration. Supervisor Smith informed him that this was authorized at an earlier meeting, but she will check on it. SUPERVISOR SMITH said she is setting up a workshop on Recreation, because she has so many different things that we need to discuss. COUNCILMAN VALDATI said he went to look at the boat dock down in Chelsea and the frame work is protruding, it presents a clear danger to any vessel and he is not to pleased with the construction of the platform. Mrs. Smith said she would talk to Joe Ennesser SUPERVISOR SMITH informed the Board that we had the first meeting for Greystone, and 14 people including herself and Joe Paoloni attended. We are going to have another meeting on July 11th, at 4:00 p.m. and we will do a tour of the place. After the tour we will return to the town hall for a sub -sandwich and a short meeting. Everyone had some ideas, she copied them and will distribute them to the board members. She told them she would like to have a report back to them by September, so we can do some thinking about it for budget time. We also need to look into feasibility of creating another entrance or exit road for Greystone. COUNCILMAN VALDATI moved to authorize Mike Galante to inspect Greystone and come up with an option for another entrance or exit road. Seconded by Mr. Ruggiero Motion Unanimously Carried BONDS AND LETTERS OF CREDIT Tatiana Lukianoff, Zoning Administrator, submitted a report for the month of May on the schedule of Bonds and Letters of Credit on the various subdivisions, the amounts, expiration dates and call up dates. Ms. Lukianoff informed the Board that the Letter of Credit/Performance Bond for Zvi Segal, Z & M Development (Carmel Heights) in the amount of $174,000.00 is about to expire July 8, 2001. Mr. Segal has completed storm drainage work for the above referenced project and has requested a reduction in the Bond. Mr. Paggi, in his May 29, 2001 memo (attached) recommends said reduction by $53,694.00, bringing the new total for said Bond to $120,306.00. COUNCILMAN VALDATI moved to approve the Bond reduction by $53,694.00 bringing the new total for said Bond to $120,306.00 based on the recommendation of Jay Paggi, Engineer to the Town. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN VALDATI moved to accept the Zoning Administrator's report and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried RESOLUTIONS Next is to introduce and set a Public Hearing for Recission of Alpine Rezoning. The following resolution was moved by COUNCILPERSON VALDATI and seconded by Councilperson Bettina. 11 06/25/2001.RGM WHEREAS, upon application of Alpine Company of Poughkeepsie (hereinafter referred to as "Alpine"), the Town Board rezoned certain properties identified on Schedule attached hereto from "R-20-1 Family Residence District" to "SC -Shopping Center District" by the adoption of Local Law #1 of the Year 1999 adopted January 25, 1999; and WHEREAS, as an inducement to the Town Board to rezone the properties identified in Schedule 1, Alpine had agreed to certain conditions and to undertake certain work to State an County roads, construct various improvements and otherwise restrict the development of the subject parcels, which conditions and work were specifically described in a Contract executed by the Town and Alpine on the 26th day of January, 1999; and WHEREAS, Local Law #1 of 1999 was adopted provided Alpine complied with the aforementioned conditions set forth in the aforementioned contract dated January 26, 1999, which conditions were also incorporated into a formal Declaration of Covenants and restrictions which was recorded in the Dutchess County Clerk's Office on the 15th day of April, 1999, encumbering the premises described in Schedule 1; and WHEREAS, the Town Board referred the proposed conditional rezoning to the Planning Board of the Town of Wappinger for its review and recommendation, and the Planning Board recommended that all of the parcels listed on Schedule I be rezoned to "SC - SHOPPING CENTER DISTRICT", that all of the parcels be consolidated and developed as an expansion of the existing Shopping Center to the immediate North; and WHEREAS, the Town Bard has been advised by the owners of two of the parcels identified in Schedule 1, Ernesto and Concetta Olivieri, owners of 205 and 207 Old Hopewell Road, said parcels bearing tax grid number 6157-02645586 and 6157-02- 668575, that their contractual relationship with Alpine has expired and they no longer intend to transfer title to said premises to Alpine; and WHEREAS, the parcels rezoned were to be part of an expansion of the existing Alpine Common Shopping Center located to the immediate north and adjacent to the parcels rezoned; and WHEREAS, Alpine has not made application to the Planning Board of the Town of Wappinger for site development plan approval for rezoned parcels, nor has it been able to fulfill any of the conditions of the rezoning as set forth in the Agreement between the Town and Alpine dated January 26, 1999 or as set forth in the Declaration of Covenants and Restrictions dated December 15, 1998 recorded in the Office of the Dutchess County Clerk on April 15, 1999; and WHEREAS, the Town Board has determined that in view of the representations make be Ernesto and Concetta Olivieri, that Alpine will be unable to develop the rezoned parcels consistent with the Contract or Declaration, and that the rezoning of the parcels identified in Schedule 1 is no longer consistent with the orderly development of the commercial/retail sector along Route 9 in the Town; and unless all of those parcels listed in Schedule I are consolidated and developed in conjunction with the Shopping Center to 12 06/25/2001.RGM the immediate North the rezoning would no longer be in the best interests of the orderly growth and development of the Town; and WHEREAS, the Town Board has determined that it is in the best interests of the Town of Wappinger to rescind certain portions of Local Law #1 of 1999 as incorporated into the code of the Town of Wappinger. NOW THEREFORE, be resolved as follows: 1. The Town Board hereby incorporates the above recitations as if fully set forth at length herein. 2. The Town Board hereby introduces for consideration of adoption, proposed Local Law # of the Year 2001, amending the Code of the Town of Wappinger. 3. The Town Board has reviewed the intended action and hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR617.5 and 117.5 of the Code of the Town of Wappinger, and accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the code of the Town of Wappinger or pursuant to 6 NYCRR 617. The Town Board notes that it made a Negative Determination of Significance prior to the adoption of Local Law #1 of 1999 (the Conditional Rezoning). Since Alpine has not been able to fulfill and/or comply with the conditions, the Rezoning is not effectuated and, accordingly, there are no environmental effects associated with the rescission of the rezoning. 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law # of 2001 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 23rd day of July, 2001 at 7:25 p.m. and that the Town Clerk is hereby directed to post and publish notice of the Public Hearing in the form annexed hereto. 5. The Town Board further directs the Town Clerk to act as follows with respect to the proposed Local Law: a. to serve a copy of this Resolution, the annexed proposed Local Law and the Notice of Public Hearing to the municipal clerk of each abutting municipality not less than ten days prior to said Public Hearing; b. to serve a copy of the Resolution, the annexed proposed Local Law and the Notice of Public Hearing to the Dutchess County Planning Department for advisory review in accordance with Section 239 of the General Municipal Law; and c. distribute a copy of this Resolution, the annexed proposed Local Law and the Notice of Public Hearing to the Town of Wappinger Planning Board for its recommendation prior to said Public Hearing. The question of adoption of the foregoing Resolution was duly put to a vote on role call, which resulted as follows: Constance Smith, Supervisor voting Aye 13 06/25/2001.RGM Robert Valdati, Councilman voting Aye Joseph Ruggiero, Councilman voting Aye Vincent Bettina, Councilman voting Aye Joseph Paoloni, Councilman voting Aye The Resolution is hereby duly declared adopted. A Public Hearing having been held on a Local Law entitled "Removal of Canine Feces/Waste by Dog Owners or Persons in Control of Dogs", the matter of its adoption was placed before the board for their consideration. The following Resolution was offered by COUNCILMAN PAOLONI who moved its adoption, and seconded by Mr. Bettina LOCAL LAW #4 OF THE YEAR 2001 TOWN OF WAPPINGER A Local Law entitled "Removal of Canine Feces/Waste by Dog Owners or Persons in Control of Dogs." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger Local Law No. #4 of 2001, entitled "Removal of Canine Feces/Waste by Dog Owners of persons in control of Dogs" and by the adoption hereof shall create and add Chapter 69 to the Code of the Town of Wappinger. Section II: The Town hereby adopts a new Chapter 69 to the Code of the Town of Wappinger to - read as follows: Chapter 69 Removal of Canine Feces/Waste by Dog Owners or persons in Control of Dogs 69.1 Legislative Intent, Purpose and Findings. a. The Town Board finds that the uncontrolled production, discharge or depositing of canine feces/waste is unsightly, unsanitary and imposes a threat to the health, safety and welfare of the residents of the Town of Wappinger. The Town Board has determined that it will serve the public interest by prohibiting the production, discharge or depositing of canine feces/waste on public or private property, except on the property of the owner or the person in charge of the dog as hereinafter set forth. b. The purpose of this Local Law is to prohibit canine defecation on public property or on private property, unless consent has been so given by the private property owner. 69.2 Prohibition. It shall be unlawful for the owner of any dog or any person in possession, custody, control or in charge of any dog to allow such dog to defecate or urinate on public property or on any private property without the permission of the owner of said property. The prohibition set forth in this section shall not apply to the paved portion of any public street or highway lying between the curb lines or shoulders of said street or highway which may be used by a dog owner or person in possession, custody, control or in charge of any dog to allow the dog to defecate on the paved portion of the road bed provided that: a. The person who allows such dog to defecate on a public street or highway must immediately remove such canine feces/waste by placing same in a 14 06/25/2001.RGM plastic bag or other proper receptacle and properly disposing same in a container for the disposal of refuse; and b. Canine feces/waste shall never be disposed in sewers or storm drains under any circumstances. 69.3 Removal of Feces/Waste. In the event any dog defecates on any public property or private property without permission of the owner, it shall be the duty of such dog owner or person in possession, custody, control or in charge of such dog, upon being notified that said dog has defecated or deposited canine feces/waste on such public or private property, to immediately remove such canine feces/waste by depositing same in a plastic bag or other proper receptacle and properly disposing same in a container for the disposal of refuse. 69.4 Exception. The provisions of this Local Law shall not apply to guide dog hearing dog or service dog accompanying any person with a disability, as defined in 292, subd. 21 of the New York State Executive Law. 69.5 Enforcement. The Local Law will be enforced by the Animal Control Officer, Zoning Administrator or any police agency having jurisdiction within the Town of Wappinger 69.6 Fines. a. A conviction of a violation of this Local Law shall constitute a violation punishable by a fine or civil penalty of not more than twenty-five Dollars ($25) for the first offense; b. A conviction for a second offense shall be punishable by a fine or civil penalty of not more than fifty -dollars ($50);and c. A conviction for a third and subsequent offenses shall be punishable by a fine or civil penalty of not more than one hundred dollars ($100) Section III: Separability The Provisions of this Local Law are separable and if any provision, clause, sentence subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence subsection, work or part had not been included therein, and if such person or circumstance to which the Local Law or par thereof is held inapplicable, had been specifically exempt therefrom. Section IV: Effective Date. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law Motion Unanimously Carried The following Resolution was offered by COUNCILMAN RUGGIERO who moved its adoption and seconded by Mr. Valdati. 15 06/25/2001.RGM WHEREAS, the Town Board has received complaints from several residents in Rockingham subdivision that a certain orange ooze substance has been discharging into a drainage easement maintained by the Town; and WHEREAS, the Town Board has authorize the Engineer to the Town, Joseph E. Paggi, Jr., and CAMO Pollution Control together with the Highway Superintendent, Graham Foster, to investigate the nature and source of this discharge; and WHEREAS, this discharge is leaching from a sub -surface substance located within the drainage easement or in or near the adjacent properties, particularly the property of Joseph Todaro, 29 Doyle Drive, Wappingers Falls, New York and the property of Guiseppe and Paolina Fusco, 27 Doyle Drive, Wappingers Falls, New York; and WHEREAS, the Town Board has determined it is in the best interests of the Town of Wappinger to investigate and mitigate the cause of the discharge from the unknown sub- surface substance which is apparently leaching from or near the drainage easement area or properties adjacent thereto; and WHEREAS, the Town Board has authorized the Highway Superintendent Graham Foster, to take whatever steps are necessary to locate, remove and mitigate the source of the unknown sub -surface substance and consequently, it may be necessary to enter on to and disturb properties adjacent to the drainage easement; and WHEREAS, the Town Board has authorized that Attorney to the Town, Albert P. Roberts, to obtain the necessary easements or consents of the adjacent property owners to permit the Highway Department or other agents of the town to enter onto their property for the purposes of locating, removing and mitigating the source of the unknown substance above referred to. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. In the recitations of above set forth are incorporated into this Resolution as if fully set forth herein. 2. The Town Board hereby determines that an investigation, mitigation and removal of the cause of the unknown sub -surface, which is causing the discharge of an orange ooze substance in the Town's drainage easement in the Rockingham Subdivision, is necessary and required. 3. The Town Board hereby authorizes Attorney to the Town, Albert P. Roberts, to obtain all necessary consents and/or easements as may be required from adjacent property owners to permit the investigation, location, removal and mitigation of the cause of the discharge into the drainage easement. 4. The Town Board hereby authorizes the Highway Superintendent, Graham Foster, and his department to undertake all work required by the Town to investigate, locate, remove and mitigate the source of the unknown sub -surface substance. 5. The Town Board hereby authorizes Constance O. Smith, Supervisor, to execute any documents necessary to obtain the consents and, if necessary, Temporary Easements from adjacent property owners, including Joseph Todaro, 20 Doyle Drive, Wappingers Falls, New York and Guiseppe and Paolina Fusco, 27 Doyle Fro 06/25/2001.RGM Drive, Wappingers Falls, New York necessary to effectuate the purposes of above set forth. 6. The Town Board hereby direct the Supervisor of the Town, Constance O. Smith, and the Town Highway Superintendent, Graham Foster, together with Attorney to the Town, Albert P. Roberts to undertake all actions necessary in order to implement the provisions of this Resolution. 7. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR and Section 117 of the Code of the Town of Wappinger and hereby determines that the intended action, to wit, authorizing the investigation, location, removal and mitigation of the aforementioned unknown sub -surface substance, will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DECLARATION OF SIGNIFICANCE for this action for the following reasons: a. All disturbed areas will be protected with erosion control devices during investigation, location, and removal of the unknown sub -surface substance, and upon completion of the investigation and removal of same, all area disturbed will be regraded and reseeded. 8. Constance O. Smith, Supervisor, is hereby authorized to execute Part III of the Short Form EAF, and further directs the Town Clerk to provide for its filing and distribution as required by law, specifically, a copy will be provided to the Commissioner of the Department of Environmental Conservation at 50 Wolf Road, Albany, New York 12233, together with a copy to the regional office located at 21 South Putt Corners Road, New Paltz, New York 12561. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Constance Smith, Supervisor voting Aye Robert Valdati, Councilman voting Aye Joseph Ruggiero, Councilman voting Aye Vincent Bettina, Councilman voting Aye Joseph Paoloni, Councilman voting Aye The Resolution is hereby duly declared adopted. UNFINISHED BUSINESS COUNCILMAN PAOLONI wished to have the Attorney to the Town share his opinion on the status of the GALS application. Mr. Roberts informed him, that basically they have withdrawn their application. COUNCILMAN PAOLONI moved to authorize Supervisor Smith to contact GALS requesting the status of their application. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN RUGGIERO on the report from Amtek for the salary study for the Recreation Director. We had started this process in October with the budget. Supervisor Smith informed Mr. Ruggiero that we are going to have a Special Recreation Workshop 17 06/25/2001.RGM to discuss salaries. It was held off because the two individuals did not make the phone calls. Mr. Ruggiero said he had a report dated May 17th and the Board still had not received that report. The report shows that the salary grade for the Recreation director be placed in a grade 5, which would mean at minimum the hourly rate for that salary range would be $12.76 per hour. The current salary for the Recreation Director is $10.96 with up to three years of service. He does not know what step 3 would be in a grade 5, but that would be the appropriate pay range for that position. As you know there was a request at budget time for an increase in salary for around $1,100 and that would be exactly what the minimum the grade 5 would be. His current salary is $9,588 a year, and the minimum grade 5 would be $11,612. We had expressed to Recreation that we were dealing with the County Department of Personnel but they did not assist us the way I hoped they would and finally we had to go back to our human resource consultants at Amtek. Supervisor Smith explained that she had a chart, that she did not intend to do until the Recreation workshop. Mr. Ruggiero feels it is very unfair that this one employee out of all the others is not in the proper pay grade. COUNCILMAN RUGGIERO moved to place the Recreation Director in the proper pay grade and step as every other employee who went through the step program and make it retroactive to January 1 St like all the others who got the step increase. Seconded by Mr. Paoloni Roll Call Vote Vote Supervisor Smith Nay Councilman Valdati Nay Councilman Bettina Nay Councilman Ruggiero Aye Councilman Paoloni Aye Motion Defeated COUNCILMAN BETTINA moved to take the salary study for Recreation and the Deputy Building Inspector to a workshop on July 23, 2001 at 7:00 p.m. The Town Board meeting to start at 7:45 p.m. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO said he received a phone call from a Mr. Hilmar of Old Hopewell Road. Mr. Hilmar has asked his help in purchasing a construction plan map of Phase 3A Sewer Project. He made Mr. Ruggiero aware that there were no maps for the project available in the town hall. He feels that maps for the projects should be available for viewing by the public at the town hall. Also if someone wishes to purchase one, it should be under FOIL to purchase one. Discussion followed. COUNCILMAN RUGGIERO moved, if there are no maps available for Mr. Hilmar under FOIL request to authorize Mr. Paggi to produce a copy to be placed on file with the Town Clerk and if anyone wishes to purchase said maps to fill out a FOIL request and incur the expense of reproduction. Seconded by Mr. Valdati In 06/25/2001.RGM Motion Unanimously Carried At this time the Board recognized Mr. Hilmar from the audience who explained that when the Ardmore Hills Sewer was installed in the 73-74 time frame, it came down Eck Road and into the Wappinger Improvement System over Spookhill. It came over to Old Hopewell Road, about four houses because it was level into the same trunk. The five houses remaining down to MacFarlane Road, would have had to be "pumped up". They didn't find this out until after the work was completed, and he wished to know why they were left out. They were told that when Losee Road was done, that's when they would be hooked into sewer. He has been waiting 30 years for sewer hookup. The reason he wanted the maps was to see why his home was not included in the sewer plan. The boundary line that used to be for Spookhill Road is no longer there and they feel that they have been cut out. Mr. Paggi explained that 3A went through a number of permutations. The first plan was for one million gallons a day and included Edgehill and other areas of the town. When it finally shook out, it was for 375,000 gallons and included the areas that are 3A now. It did not include that section of Old Hopewell Road, east of MacFarlane Road. It was taken out, because is was basically a decision of flow design and economics. What Mr. Hilmar wishes to know tonight is, what meeting was it agreed to do that. The Supervisor said there were so many meetings, she could not give him an answer. Mr. Hilmar was told by one of the workers in the trailer that it would be simple enough to hook into the sewer. Mrs. Smith explained that hooking into the sewer is not that simple. There are things that have to be done by procedures. You have to go through Audit and Control, we have to come up with a district, it has to be authorized. Mr. Paggi announced that he is putting together a laundry list of properties to get ready for the Town Board's consideration for Phase 3B. Mrs. Smith said he can write a letter to the Town Board explaining that he would like to be included in the next Phase and when they are done putting the Phase together they will look at it and if its feasible, economical, etc., then you will be included. If it isn't you won't. Mr. Paggi also explained that there were a number of changes after the first map was submitted for Phase 3A. COUNCILMAN BETTINA wished to know about Haimelin on Smithtown Road. There is larger trailer being put up on the site. Mr. Roberts informed Mr. Bettina that it has been the practice of the town to permit larger trailers on a replacement. Mr. Roberts would research this and get back to him. There was no other business to come before the board. COUNCILMAN BETTINA moved to close the meeting, seconded by Mr. Ruggiero. The meeting adjourned at 9:45 p.m. Glori orse TowiX erk 19 06/25/2001PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 25, 2001 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law entitled "Removal of Canine Feces/Waste by Dog Owners or Persons in Control of Dogs". SUPERVISOR SMITH opened the Hearing at 7:25 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, 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 Meeting). SUPERVISOR SMITH asked if there were any questions or comments from the audience. Nick Johnson of Gabriella Road wished to know how this law is going to be enforced. Supervisor Smith explained that someone must file a complaint and sign a deposition. Then the enforcement officer issues an appearance ticket. Ted Kennedy of 14 Onandaga Drive informed the Board that two houses up the street from him there is a person who does dog grooming. Every time a dog gets out of the car it defecates in the children's play area encircling the street. How are all these people going to be notified? Supervisor Smith said someone has to call an enforcement officer at the time of the violation and the violator will be sent a letter. There was some discussion in regard to erecting signs to inform out of town residents. It was also suggested that when a resident comes in to renew or license their dog, they be given a copy of the new Local Law. There were no other questions or comments from the audience. COUNCILMAN BETTINA moved to close the Public Hearing. Seconded by Mr. Paoloni The Public Hearing closed at 7:30 p.m Motion Unanimously Carried Gloria J. o e Town Cler Affidavit. of F)tiblication F Al I - S, H fwfl•f I"I I I I I.! I (11-t -1 "' , I,), ) ( i1 1r I • - I KK , F 1E I 'f:k' f I led .1..1"1 S t f 1. f.,j 1) i c- h (D P (! L j 1, fl s 3 1 p� ALBERT M. OSTEN NOTARY PLISLIG, SYAIE OF PFIN YORK QUALIFIED IN DUTCHESS wimly # 14-8240760 COMMISSION EXPIRES JUN Iran wAQ;Lm-**W"1 be Town'He".. 20 ".h7 11=Z WmpW "re Fal* NW (k DaW: June 11,100ir' « ,• + BY OR AF THE TOWN 14A TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF NOTICE OF PUBLIC HEARING IN THE MATTER OF LOCAL LAW ENTITLED "REMOVAL OF CANINE FECES/WASTE BY DOG OWNERS OR PERSONS IN CONTROL OF DOGS" STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on June 13, 2001 your deponent posted a copy of the attached notice of Public Hearing on the matter of adopting a proposed Local Law entitled, "Removal of Canine Feces/Waste by Dog Owners or Persons in Control of Dogs" 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 OR Town Cle Town of Wappinger Sworn before me the 4�j d. • 11 1�����—�