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2004-07-26 RGMMonday, July, 26 2004 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to Flag Receipt and Approval of Minutes June 14, 2004 Workshop June 28, 2004 Meeting June 29, 2004 Special Meeting Suspension of Rules for Public Comment on Agenda Items Correspondence Log 2004CL-110 to 2004CL-116 Public Hearing: Public Hearing on Map, Plan and Report for Blackwatch Farms Subdivision Discussions: Accessory Apartments Deer Run/Vorndran Drive Stop Sign Tri -municipal Budget for Preliminary Engineering Plan and Report Resolutions: 2004-227 Resolution Accepting Correspondence Log 2004-228 Resolution Authorizing Change Order No. 2 for Contract 97-003 2004-229 Resolution Authorizing Sweeney Block Party 2004-230 Resolution Authorizing Supervisor to Sign GIS Agreement 2004-231 Resolution Authorizing Purchase Order for Spookhill Park Fence 2004-232 Resolution Authorizing Supervisor to Sign Carnwath Elevator Contract 2004-233 Resolution Authorizing Rose Application Fee Refund 2004-234 Resolution Authorizing Purchase Order for Bulletin Board at Schlathaus Park 2004-235 Resolution Authorizing Arnet Escrow Refund 2004-236 Resolution Authorizing Supervisor to Sign Cablevision Franchise Agreement 2004-237 Resolution Authorizing Bond for Construction Equipment 2004-238 Resolution Creating the Position of Emergency Services Coordinator 2004-239 Resolution Appointing and Emergency Services Coordinator 2004-240 Resolution Authorizing Change Order No. 4 for 99-2R Contract No. 6 — Completion 2004-241 Resolution Authorizing Bid for Highway Truck 2004-242 Resolution Accepting Map and Plan for Blackwatch Subdivision 2004-243 Resolution Authorizing Purchase Order for Removal of Carnwath Chapel Risers 2004-244 Resolution Authorizing Budget Transfer New Business/Comments Executive Session Jackson Road Gas Spill Camwath Farms Family Equestrian Center MacFarlane Road Additional Stop Sign Adjournment 07/26/2004.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on July, 26, 2004, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 8:00 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived at 8:20 p.m.) Maureen McCarthy, Councilwoman 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 Dan Wery, Town Planner RECEIPT AND APPROVAL OF MINUTES The Minutes of the Workshop Meeting of June 14, 2004, Regular Meeting of June 28, 2004 and Special Meeting of June 29,2004, having previously been forwarded to the Board Members, were now placed before them for their consideration. Supervisor Ruggiero stated the June 14, 2004 minutes had him calling the meeting to order. He was absent for that meeting, and Deputy Supervisor Paoloni called the meeting to order. Councilman Paoloni moved to amend the June 14, 2004 Minutes as stated, seconded by Councilman McCarthy and unanimously carried Councilman Valdati moved to accept the above stated Minutes as submitted by the Town Clerk with corrections, seconded by Councilwoman McCarthy and unanimously carried. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilwoman McCarthy moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilman Paoloni and unanimously carried. Mr. Lazenka of MacFarlane Road was recognized. He was informed at the June 28th meeting he attended that one of the items that would be placed on the agenda tonight would be not only the additional Stop sign on MacFarlane Road, but the study on the entire engineering report that was done with regard to site distances and his driveway. He wished to know what the status of that was. Al Roberts, Attorney to the Town replied that this issue would be discussed in Executive Session. Supervisor Ruggiero informed Mr. Lazenka, he will be given an answer on the status of the third Stop sign after the Board comes out of Executive Session. 07/26/2004.RGM Councilman Paoloni moved to reinstate the rules, seconded by Councilwoman McCarthy and unanimously carried. REPORTS • Jackson Road Gas Spill—Tom Cusack of Leggette, Brashears & Graham, gave an update on the gas spill, what has been done so far. Once everything is in place the road can then be opened to the public CORRESPONDENC LOG: 2004 -CL -110 TO 2004 -CL -116 (See Attached Sheets) PUBLIC HEARING: • Public Hearing on Map, Plan and Report for Blackwatch Farms Subdivision. DISCUSSIONS • Accessory Apartments—Dan Wery went over a draft that he prepared which would alleviate the administrative burden on local homeowners. The use schedule would be changed in the Zoning Law to make this use from a Special Permit to a Permitted Accessory. Discussion followed. Supervisor Ruggiero wished to have copies of this draft forwarded to the Planning and Zoning Boards for their input and recommendations • Deer Run/Vorndran Road Stop Sign—Graham Foster, Highway Superintended has received a request for the placement of a Stop Sign at Deer Run, as it intersects with Vorndran Drive. The intersection has become much more active with the building of Keenan Acres. Formally the traffic proceeding westerly into Vorndran entered a "T" intersection which was never a problem. Now the intersection has become 4 way and a Stop sign is needed. Mr. Foster suggests we proceed with a change in our local law to include a Stop sign in that area. Al Roberts, Attorney to the Town will prepare a Local Law. • Tri -Municipal Budget for Preliminary Engineering Plan & Report. Jay Paggi, Engineer to the Town. Mr. Paggi went over the report of the estimated fees for undertaking a preliminary Engineering Feasibility Study in connection with the Town of Wappinger Phase 3B. The study will analyze the existing process units and proposed new units required to 00 d of wastewater from Phase 3B of Town of Wa in treat 357,0 gp Pper. If g this project goes through this work can be used in the completion of the formal map, plan and report. Discussion followed. • Carnwath Farms Grant & Roof Restoration. Don Swartz explained that the first thing we need to do is get a copy of the grant to see what scope of work was outlined in the grant. He explained that they would be 2 07/26/2004.RGM removing the temporary roof that was put on and replace it with a permanent single ply roof. The approximate cost depending on how involved the work is, typically runs $10-$15 per foot and to remove the temporary roof runs another $5 per foot. The cost to replace the roof would be between $60,000 to $100,000. Whatever funds remain from the grant can be prioritized. RESOLUTION NO. 2004- 227 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. 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 vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-228 RESOLUTION AUTHORIZING CHANGE ORDER NO.2 FOR WAPPINGER PARK WATER IMPROVEMENT CONTRACT 97- 003(85) The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, the Engineers to the Town, Paggi, Martin & Del Bene have approved Change Order No. 2 for Wappinger Park Water Improvement Area - Contract 97-003(85) as per a letter dated July 14, 2004, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth ate incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves completion change order No. 2 to Wappinger Park Water Improvement Area, Contract No. 97- 003(85) between the Town and H. Osterhoudt Excavating Inc. in the amount of Two Thousand, Six Hundred Dollars and 00/100 ($2,600.00) for the reasons set forth in the letter dated July 14, 2004 from Charles DelBene of Paggi, Martin & DelBene to the Town Board. 3 07/26/2004.RGM The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-229 RESOLUTION TO AUTHORIZE A CLOSING OF A PORTION OF DARA LANE FOR A BLOCK PARTY The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, a request has been made by Noreen Sweeney to close a portion of Dara Lane for a block party to be held on August 15th, between the hours of 2:00 p.m. through 10:00 p.m.; and WHEREAS, the Town of Wappinger Highway Superintendent, Graham Foster, has authorized the closing of Dara Lane for the block party on August 15, 2004 between the hours of 2:00 p.m. through 10:00 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 Dara Lane for the block party on August 15, 2004 between the hours of 2:00 p.m. through 10:00 p.m., with the exception of emergency traffic, pursuant to the request from Noreen Sweeney, 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, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-230 RESOLUTION AUTHORIZING EXECUTION OF MUNICIPALITY GIS ACCESS AGREEMENT BETWEEN THE COUNTY OF DUTCHESS AND THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Dutchess County Office of Computer Information Systems (DCIS) is prepared to provide the Town of Wappinger with read-only access 4 07/26/2004.RGM to the web -based Geographic Information System (GIS) pursuant to a proposed Municipality Access Agreement, a copy of which is attached hereto as Schedule "A"; and WHEREAS, the GIS is a collection of GIS data created and maintained by various County departments and agencies and based on high speed internet service which is accessible 24 hours a day, 7 days a week; and WHEREAS, access to GIS will be provided at no charge unless the Town of Wappinger requests additional workstations pursuant to Paragraph 4(b) of the agreement; and WHEREAS, the agreement will take effect upon the date of execution by the County and will expire on January 31, 2005; and WHEREAS, the agreement will be automatically renewed for a period of one year if the Town fails to notify OCIS in writing within seven (7) days of receipt of a new rate schedule of its intention not to automatically renew the agreement; and WHEREAS, the Town Board determines that the execution of the GIS Agreement is a Type II action pursuant to 6 NYCRR 617.5(c)(20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). 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 determines that it is in the best interest of the citizens of the Town of Wappinger to enter into a GIS Agreement between the Town of Wappinger, Dutchess County, State of New York and the County of Dutchess in substantially the same form as attached hereto and made a part hereof marked and designated Schedule "A". 3. The Town Board hereby agrees to enter into and be bound by the terms of the above -referenced GIS Agreement and hereby authorizes Town Supervisor, Joseph Ruggiero, Deputy Supervisor, Joseph P. Paoloni, or any member of the Town Board to execute the proposed GIS Agreement in substantially the same form as attached hereto as Schedule "A". The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-231 07/26/2004.RGM RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR SPOOKHILL PARK FENCE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Recreation Committee has requested a purchase order for stockade fence at Spook Hill Park, and WHEREAS the Recreation Commission received bids as follows: A-1 Fence Company $3,016.00 Mid Hudson Fence Co. $2,075.00 DiPiet Fence Co., Inc. $1,580.00 WHEREAS, the Recreation Committee has requested a purchase order in the amount of One Thousand Five Hundred Eighty and 00/100 ($1,580.00) payable to DiPiet Fence Co., Inc. 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 Eighty and 00/100 ($1,580.00) payable to DiPiet Fence Co., payable from Account A-7110.4, in accordance with a letter dated June 18, 2004 from Ralph Holt, recreation Chairman to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-232 RESOLUTION AUTHORIZING EXECUTION OF ELEVATOR MAINTENANCE CONTRACT FOR CARNWATH FARMS Prior to the Vote, Attorney Al Roberts wished to make two minor amendments. One portion of it has the jurisdiction for any law suits in the state of Illinois, which we can't permit in Dutchess County and the other exempts the Corporation from certain acts except for their own negligence. The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy, based on the satisfaction of Attorney with the contract before signing. WHEREAS, KONE, Inc. has submitted a repair proposal dated July 15, 2004 totaling Four Thousand, Six Hundred and Ninety One Dollars and C. 07/26/2004.RGM 60/100 Dollars ($4,691.60) to the attention of Fire Inspector Mark Liebermann of the Town of Wappinger Fire Prevention Bureau detailing elevator safety inspection tests proposed to be performed on the elevator located at the Greystone Estate (Carnwath Estate), a copy of which is attached hereto as Schedule "A"; and WHEREAS, Fire Inspector Liebermann has reviewed the safety test inspection proposal and approves of same; and WHEREAS, the proposed Agreement is exempt from the competitive bidding requirements of §103 of General Municipal Law as well as the Town of Wappinger Procurement Policy pursuant to Town Code §§46-3(B)(1) and 46- 3(B)(3) as this is a sole source situation and the service provided is a professional service subject to state licensing and/or testing requirements that requires substantial formal training; and WHEREAS, the Town Board determines that the execution of the elevator safety test inspection proposal is a Type II action pursuant to 6 NYCRR 617.5(c)(20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). 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 determines that it is in the best interest of the citizens of the Town of Wappinger to enter into the Elevator Safety Test Inspection Agreement between the Town of Wappinger, Dutchess County, State of New York and KONE, Inc. with its office located at 25 Post Road, Albany, New York. 3. The Town Board hereby agrees to enter into and be bound by the terms of the above -referenced Elevator Safety Test Inspection Agreement and hereby authorizes Town Supervisor, Joseph Ruggiero, Deputy Supervisor, Joseph P. Paoloni, or any member of the Town Board to execute the proposed Agreement in substantially the same formas attached hereto as Schedule "A» The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004- 233 7 07/26/2004.RGM RESOLUTION AUTHORIZING REFUND OF UNUSED VARIANCE APPLICATION The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, on or about June 14, 2004, Mr. Richard Rose deposited Fifty dollars and 00/100 ($50.00) with the Town of Wappinger for a variance application for 17 Theresa Boulevard; and WHEREAS, Mr. Richard Rose has requested a refund in the amount of Fifty Dollars and 00/100 ($50.00), and has been recommended by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated June 30, 2004 to the Town Board Members. NOW, THERFORE, BE IT FURTHER RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted 2. Payment is approved in the amount of Fifty and 00/100 dollars ($50.00) made payable to Mr. Richard Rose, Account Number 6257-03-434090, for the refund of the unused variance application for 17 Theresa Boulevard. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-234 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR TOWN RECREATION DEPARTMENT TO ROTATE SIGNS AT SCHLATHAUS PARK The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy WHEREAS, the Recreation Committee has requested a purchase order for rotating the signs at Schlathaus Park, and WHEREAS, the Recreation Commission received bids as follows: Sign Language, Inc. $4,200.00 Superior Signs No response Glode No response 07/26/2004.RGM WHEREAS, the Recreation Committee has requested a purchase order in the amount of Four Thousand Two Hundred and 00/100 ($4,200.00) payable to Sign Language, Inc. 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 Four Thousand Two Hundred and 00/100 ($4,200.00) payable to Sign Language., payable from Account A-7110.4, in accordance with a letter dated June 14, 2004 from Joseph Ennesser, Recreation Commission to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-235 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 48 BROTHERS ROAD The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, on or about May 8, 2004 Gordon & Susan Arnet deposited Three Thousand Seven Hundred and Fifty dollars and 00/100 ($3,750.00) with the Town of Wappinger for a lot line realignment for 48 Brothers Road, and WHEREAS, Gordon and Susan Arnet has requested a refund in the amount of One Thousand Two Hundred Ten and 70/100 ($1,210.70) and has been recommended by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated June 23, 2004 to the Town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of One Thousand Two Hundred Ten dollars and 70/100 ($1,210.70)) made payable to Gordon and Susan Arnet, Account Number 03-5070, for the refund of the unused escrow funds deposited for the property located at 48 Brothers Road. The foregoing was put to a vote which resulted as follows: 9 07/26/2004.RGM Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-236 RESOLUTION AUTHORIZING EXECUTION OF FRANCHISE RENEWAL AGREEMENT BETWEEN CABLEVISION OF WAPPINGERS FALLS, INC. AND THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni WHEREAS, the Town of Wappinger and Cablevision of Wappingers Falls, Inc. (hereinafter referred to as "Cablevision") previously entered into a Franchise Agreement on August 12, 1993 to provide cable television services to the residents of the Town of Wappinger; and WHEREAS, the aforementioned Franchise Agreement between Cablevision of Wappingers Falls, Inc. and the Town of Wappinger has not to date been executed and as a result expired on August 12, 2003; and WHEREAS, the Town Board opened and concluded a Public Hearing on May 10, 2004 at Town Hall at 7:30 p.m. to get public input on the renewal of the Cable Franchise Agreement; and WHEREAS, the Town and Cablevision executed a Memorandum of Understanding more precisely defining the terms and conditions under which local news programming will be restored to the local programming channel; and WHEREAS, the Town Board determines that the renewal of the Cable Franchise Agreement is a Type II action pursuant to 6 NYCRR 617.5(c)(20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). 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 determines that it is in the best interest of the citizens of the Town of Wappinger to enter into a Franchise Renewal Agreement between the Town of Wappinger, Dutchess County, State of New York and Cablevision of Wappingers Falls, Inc. in substantially in the same form as attached hereto and made a part hereof marked and designated Exhibit "A". 10 07/26/2004.RGM 3. The Town Board hereby agrees to enter into and be bound by the terms of the Franchise Renewal Agreement, above - referenced, and hereby authorizes Town Supervisor, Joseph Ruggiero, Deputy Supervisor, Joseph P. Paoloni, or any member of the Town Board to execute the proposed Franchise Renewal Agreement between in substantially the same form as attached hereto, as Exhibit "A". The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-237 BOND RESOLUTION DATED JULY 269 2004. A RESOLUTION AUTHORIZING THE ISSUANCE OF $240,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE ACQUISITION OF VARIOUS EQUIPMENT FOR USE FOR CONSTRUCTION AND MAINTENANCE PURPOSES IN AND FOR SAID TOWN. The following resolution was offered by Councilman Valdati who moved its adoption, seconded by Councilman Paoloni to -wit: 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 of various equipment for use for construction and maintenance purposes, in and for the Town of Wappinger, Dutchess County, New York, including incidental expenses in connection therewith, at a maximum estimated cost of $240,000, there are hereby authorized to be issued $240,000 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 thee maximum estimated cost of such class of objects or purposes is $240,000, and the plan for the financing thereof is 11 07/26/2004.RGM by the issuance of the $240,000 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 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 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 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 she shall deem best for the interests of said Town; provided, however, that in the exercise of these delegated powers, she 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 12 07/2612004.RGM 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 M 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 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, 13 07/26/2004.RGM 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 Southern Dutchess News and the Poughkeepsie Journal, 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 vote on roll call, which resulted as follows: The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-238 RESOLUTION CREATING THE POSITION OF PART-TIME EMERGENCY SERVICES COORDINATOR The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Town Board wishes to create the new position of Part-time Emergency Services Coordinator, and WHEREAS, the position will pay a salary of Grade 6, Step 1 with pay at $14.83 per hour, and WHEREAS, the duties of the Part-time Emergency Services Coordinator will include: • Track ambulance response times • Compare data using spread sheets • Prepare reports of findings for Supervisor and Town Board • Respond to resident complaints and concerns with emergency services • Investigate complaints, and conduct interviews of all individuals involved including, but not limited to the residents, fire department, and ambulance personnel • Analyze incident reports • Review daily emergency services to verify adequate daily services and compliance with contract NOW, THEREFORE, BE IT RESOLVED, as follows: 14 07/26/2004.RGM 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby creates the position of Part-time Emergency Services Coordinator which will pay a salary of Grade 6, Step 1 with pay at $14.83 per hour with job duties that will include: • Track ambulance response times • Compare data using spread sheets • Prepare reports of findings for Supervisor and Town Board • Respond to resident complaints and concerns with emergency services • Investigate complaints, and conduct interviews of all individuals involved including, but not limited to the residents, fire department, and ambulance personnel • Analyze incident reports • Review daily emergency services to verify adequate daily services and compliance with contract The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-239 RESOLUTION APPOINTING PART-TIME EMERGENCY SERVICES COORDINATOR The following Resolution was introduced by Councilman Paoloni. and seconded by Councilwoman McCarthy. WHEREAS, the Town Board of the Town of Wappinger has created the position of Part-time Emergency Services Coordinator, and WHEREAS, the Town Board has conducted interviews for the position of Emergency Services Coordinator, and WHEREAS, Town Board of the Town of Wappinger wishes to appoint Joseph Kovalsky to be the Part-time Emergency Services Coordinator. NOW, THEREFORE, BE IT RESOLVED, that Joseph Kovalsky is hereby appointed as the Town of Wappinger Part-time Emergency Services Coordinator. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman 15 Voting Aye Voting Aye Voting Aye 07/26/2004.RGM Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-240 RESOLUTION AUTHORIZING CHANGE ORDER NO.4 FOR WAPPINGER WATER IMPROVEMENT 99-2R CONTRACT NO.6 COMPLETION The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Engineers to the Town, Paggi, Martin & Del Bene have approved Change Order No. 4 for Wappinger Water Improvement 99-2(R), Contract No. 6 - Completion as per a letter dated July 14, 2004, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth ate incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves completion change order No. 4 to Wappinger Water Improvement 99-2(R), Contract No. 6 - Completion between the Town and Grant Street Construction in the amount of Twenty-five Thousand, Six Hundred, Ten Dollars and 45/100 ($25,610.45) for the reasons set forth in the letter dated July 14, 2004 from Charles DelBene of Paggi, Martin & DelBene to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004- 242 ORDER ESTABLISHING BLACKWATCH FARMS DRAINAGE DISTRICT The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, a Petition dated June 17, 2004, executed by Robert V. Oswald, Jr., owner of 100% of the Blackwatch Farms Subdivision ("Subdivision"), has been presented to and filed with the Town Board of the Town of Wappinger, New York requesting the approval of a drainage district to be known as the "BLACKWATCH FARMS DRAINAGE DISTRICT", which is more particularly described in the attached Map, Plan and Report; and 16 07/26/2004.RGM WHEREAS, the Map, Plan and Report entitled "Map, Plan & Report for the Blackwatch Farm Stormwater Maintenance District", dated May 24, 2004 and relating to the establishment of the proposed drainage district, were prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with the Town Clerk and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report are in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on June 28, 2004, reciting the filing of said Map, Plan and Report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the Map, Plan and Report describing the same were on file in the Town Clerk's Office for public inspection, and stating all other matters required by law to be stated, and specifying July 26, 2004 as the date, at 7:30 in the evening of said day as the time, at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York as the place where this Town Board would meet and consider said Map, Plan and Report, and to hear all persons interested in the subject thereof, concerning the same, and to take such action therein as is required or authorized by law; and WHEREAS, such Order was duly published and posted as required by law and copies of this Order were duly mailed to Petitioners/homeowners of all properties in the proposed District, and proof of publication, posting and mailing has been duly presented to the Town Board; and WHEREAS, a public hearing on said matter was duly held by said Town Board on July 26, 2004 at 7:30 p.m. in the afternoon on said day, in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition to and the Petitioners appearing in favor of the petition; and WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Robert V. Oswald, Jr., as owner, to construct the improvements set forth in the Map, Plan and Report solely at his own cost and expense. NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED, DETERMINED AND RESOLVED AS FOLLOWS: 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. The notice of public hearing was published and posted as required by law, and is otherwise sufficient. 17 07/26/2004.RGM 3. The Petitioner/property owner was duly mailed a copy of the Notice of Public Hearing and proof thereof was submitted to the Town Board. 4. The Petition presented to this Board for the establishment of the BLACKWATCH FARMS DRAINAGE DISTRICT was signed and acknowledged as required by law and is otherwise sufficient. 5. All the properties and property owners within the proposed benefited thereby. district are 6. All the properties and property owners benefited thereby are included within the limits of the proposed district. 7. There will be no hook-up fees for any of the properties within the district. 8. There will be no capital costs assessed to the properties within the district for the improvements proposed to be constructed. 9. The estimated first year budget will be approximately $4,400 which shall be divided equally among the twenty-two (22) lots resulting in an estimated annual cost of Operation and Maintenance of the proposed improvements to be $200 per Benefit Unit for a typical property within the district. 10. A detailed explanation of the improvements to be made and the estimate of Operation and Maintenance charges have been included in the Map, Plan and Report which has been filed in the Office of the Town Clerk and the same has been made available during regular office hours for examination by any person interested in the matter thereof. 11. It is in the public interest to establish the BLACKWATCH FARMS DRAINAGE DISTRICT. BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the establishment of the BLACKWATCH FARMS DRAINAGE DISTRICT in the Town of Wappinger, Dutchess County, New York, and the improvements therein, as more fully described above and in the aforementioned Map, Plan and Report is hereby approved and established and said drainage district shall be bounded and described as set forth in Exhibit "A" attached to the Petitions; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the improvements for the said drainage district as set forth in the Map, Plan and Report are to be constructed by the Petitioner, Robert V. Oswald, Jr., wholly at his own expense, and Robert V. Oswald, Jr. has agreed to convey such improvements to the Town without cost to the Town of Wappinger and/or BLACKWATCH FARMS DRAINAGE DISTRICT, free and clear of any encumbrances; and Biu; 07/26/2004.RGM BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once the drainage improvement as set forth in the Map, Plan and Report have been constructed by the Petitioner and turned over to the Town, the cost for maintaining the district shall be assessed, levied and collected from the several lots and parcels of land within the said district in proportion as nearly may be to the benefit which each lot or parcel of land in said district will derive there from; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioner, Robert V. Oswald, Jr., for any fees or expenses paid in furtherance of commissioning the preparation of the Map, Plan and Report or in the formation of this district; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Order in the office of the Clerk of the County of Dutchess, which is the County in which the said Town of Wappinger is located, and another certified copy in the Office of the State Department of Audit and Control, within ten days after the adoption of this Order, pursuant to §195 of the Town Law. Dated: July 26, 2004 The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004- 243 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR REMOVAL OF CARNWATH CHAPEL RISERS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Recreation Commission has requested to remove the risers in the chapel at Carnwath Farms, and WHEREAS, the Recreation Commission has received bids for this project as follows: Bracaden Construction $1,685.00 Odell Painting $1,900.00 All Phase Construction No Response 19 07/26/2004.RGM WHEREAS, the Recreation Commission has requested a purchase order in the amount of One Thousand, Six Hundred, Eighty-five and 00/100 Dollars ($1,685.00) 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, Six Hundred, Eighty-five and 00/100 Dollars ($1,685.00) payable to Bracaden Construction payable form the Friends of Carnwath in accordance with a letter dated July 21, 2004 from Ralph Holt, Recreation Committee Chairman to the Town Board. Robert Valdati, Councilman The foregoing was put to a vote which resulted as follows: Vincent Bettina, Councilman Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-244 RESOLUTION AUTHORIZING BUDGET AMENDMENT The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Comptroller, to the Town of Wappinger Gerald A. Terwilliger, has recommended certain budget transfer hereby amending the Town Budget as set forth in a letter dated July 9, 2004 from Gerald A. Terwilliger, Comptroller, to the Supervisor and 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 transfer. • Request that $25,000 be loaned from B Fund to Tri -Municipal Sewer Project 3B to cover preliminary costs until financing is done in August, 2004. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Robert Valdati, Councilman Voting Vincent Bettina, Councilman Voting Maureen McCarthy, Councilwoman Voting Joseph Paoloni, Councilman Voting The Resolution is hereby duly declared adopted NEW BUSINESS/COMMENTS 20 Aye Aye Aye Aye Aye 07/26/2004.RGM Councilman Valdati received a call from a Mr. Cutinella of Valentine Drive in regard to a CO. Mr. Kolb answered that he was waiting for information from the Engineer. Councilman Bettina wished to know how Mr. Paggi was making out in regard to the water problem in Chelsea. Mr. Paggi replied that the request to update his report done two years ago and submit to the town was submitted to the town. Councilman Bettina in regard to erecting a Stop sign on Booth Boulevard.. He would like to set up a meeting with Mr. Paggi and Mr. Foster. Also, Supervisor Ruggiero and he spoke about having Mike Murphy look into the water runoff on Osborne Hill Road. Supervisor Ruggiero explained that he received a letter from Mike Murphy's Engineering office and they said the County DOT was not going to do anything regarding the Osborne Hill drainage, so we referred it over to the County Legislature. Councilman Bettina also wish to address the standing water problem on Chelsea Road. He received calls from concerned residents. He would like zoning to take a look at it. Councilman Valdati wished to have a summit to include the acting assessor with the Village of Wappinger to discuss Village taxes. Supervisor Ruggiero wished to thank all the Board Members for filling in during his recent sabbatical and to everyone who sent fruit baskets and cards during his recuperation. At this time 9:00 p.m., Councilman Bettina moved to go into Executive Session to discuss Carnwath Farms Equestrian Center and the MacFarlane Road additional Stop sign, seconded by Councilwoman McCarthy and unanimously carried. The meeting reconvened at 9:27 p.m. with all board members in attendance. Supervisor Ruggiero informed Mr. Lazenka that he could get a copy of the Engineers report on MacFarlane Road that he requested at the beginning of the meeting. He informed Mr. Lazenka that there is nothing in the report that is not public information. It has all the measurements and distances that he was concerned about. As for the third Stop sign, the Highway Superintendent and the Engineer to the Town strongly recommend against it. In regard to the driveway situation, Mr. Foster would not change his position on that. He is the sole authority, and has made it clear that he would not change his position. There was no further business to come before the board Councilman Bettina moved to close the meeting seconded by Councilwoman McCarthy and unanimously carried. 21 The meeting adjourned at 9:30 p.m. 22 07/26/2004.RGM Gloria J. e Town Cl Town Board Correspondence Log Document # To From Date Received Re Agenda 2004CL-0110 Town Board, and Supervi Heather Kitchen, Town Ju 7/1/04 7/8/04 Town Justice Report for the month of June 2004 7/26/2004 2004CL-0111 Town Board, Town Clerk George Kolb, Building In 7/2/04 7/08/04 Building Inspector Report for the month of June, 2 7/26/2004 2004CL-0112 Supervisor Ruggiero, and Vincent Fabian, Legislat 7/19/04 7/19/04 Memo's about Alamo 7/26/2004 2004CL-0113 Supervisor Ruggiero, and Heather L. Kitchen, Town 6/8/04 6/16/04 Town Justice Report for the month of May 2004 7/26/2004 2004CL - 0114 Supervisor Ruggiero, and Carl S. Wolfson, Town Ju 6/9/04 6/16/04 Town Justice Report for the month of May 2004 7/26/2004 2004CL - 011 S Supervisor Ruggiero, and Carl S. Wolfson, Town Ju 7/13/04 7114/04 Town Justice Report for the month of June 2004 7/26/2004 2004CL - 0116 Supervisor Ruggiero, and Reciever of Taxes, Patrici 7/13/04 Receiver of Taxes report for the month of June 200 7/26/2004 Tuesday, July 20, 2004 Page 1 of 1 0 _D ' ' pie, N.Y. n ad. he mentioned forth rare aocorporated 49 R21H feet to00a point aMapbeen duly set Report, filed with the Town Clerk in this Order as if fully set thence NORTH 63.51- and has been prepared in forth and adopted herei The point, thenEAST ce NORTH 11- Public Hearing. BUICATION a manner and in such de- 2. feet wn Boarder a hereby tdeterhis of a0poiintya along the 0souther has minedo thatoard said mines Plan and Report is in the Town Board eof putlands of now - he lorline Map, Town of Wapping formerly Sabia Family accordance with the re- p liber 1883 quirements of Article 12 of chessCounty, held ,atNew the Town page 87S thence in an the Town Law; and OOZL$ 'ieat6 sunt 'loot WHEREAS, the im- Hall, 20 Middlebush Road, easterly line of the lands Falls, New of Sabia Family Enter-' State of New York •uns 'sopw N68 'olne 'OMV provements proposed Wappingers (I/d 9siS consist of the construction York, m said Town, on the prises and the lands of 26th day of July, 2004 at now or formerly SS19mihe County of Dutchess 8866 `dsus and maintenance of a drainage system to serve 7:30 p.m., prevailing time, liber loo9 page for the of holding following courses and dis- City of Poughkeepsie purpose Ileo 61,0-6011,6 said distract m accordance a '009L$ 'abowep Apoq with. certain plans incorpo- a Public Hearing to con- lances, NORTH 63 -EAST 514.45 feet 54 of awoS `a!o!gan Al!p1n to} rated in the Map, Plan and sider the establishment the pont, thence NORTH 64- 'NOV 'Pdss Report and which Map, EAST 1155.55 feet to leatB 'po 'OMV �alN3alS Plan and Report is hereby FARMS DRAINAGE DIS- 07-30 by TRICT the 6t 3 to 15-00 EASTn209.3ce accepted and adopted feet eamblessheeof nd E666 pini 1S this Town Board and is p along the westerly Rita Lombardi of the City of Poughkeel P plan a pint now on file in the office of consider the map, wdy rage ll9V L6ZI94o9� the Town Clerk; and and Report filed in relation line of the land of now or 'p to hear all former) Jordan, thence in Dutchess County, New York, being duly sworn, says the IIeD '6au 009E$ WHEREAS, it is the inten- thereto, and poop . 'sallw Aemr{6!y tion of Petitioner Robert V. persons interested in the a southerly direction thereof along the westerly line of the several times hereinafter mentioned she was and sti' NZEL agasseo�wt/uie. Oswald, Jr. to construct subject matter /e,o1ne 'ssed L'tp b'IAh 9 said drainage system at concerning the same, and Jordan the following and distances, the Principal Clerk of the Poughkeepsie Newspapers Divis 3S aN` UE) his own expense and for such other action on courses 1i3OdAOn upon completion to trans- the part of said Town SOUTH 29 14.06 EAST point, Board as may be required 208.48 feet to a of Gannett Satellite Information Network, Inc., publisher 9666 H1f1OWAld far. said drainage system to the District, without any by law or shall be proper thence EAST 536°f eHto3a 00-3 point; the POUGHKEEPSIE JOURNAL, a newspaper printed '6668 consideration,- and to pay in the premises. -VZL-9V9 'OOZL$ 'Ple 'Bu!gl all costs and expenses oc- 3. Posting. The Town EASTthence SOUTH 22-29-15published Clerk isauthorizedfeet to14-OB-35 every day in the year in the city -AMAa taMod •leatB-sunt casioned by the creation hereto thence2SOUTH.05 of this Order to be EAST 188.98 feet to a si3�dAOn, of this District; and Os- Poughkeepsie, Dutchess County, New York, and that t WHEREAS, Robert V. copy 0666 HMOWAld weld, Jr. shall install all published once in the point, thence SOUTH 12- Southern Dutchess News, EAST 760.71 feet to annexed NOTICE was duly published in the said newspal OLZ9-ELV-9VB to 9EV9-LBL improvements referenced a o '19V8) 'OOZ'Zt$ 'Popo lual in the Map, Plan & Report the official newspaper of a point, thence SOUTH,Q Jual the Town, and the Pough- 50-05 EAST 54.66 feet to a for one weeks su� essively, in each week, commenci: and dedicate same to the !aexa OZ,ZL 'rllt District upon completion keepsie Journal, the first point along the westerly thereof to be line of the Lot no. 10 as on the 14th. day MaNIAHVid . thereof; and publication 6666 NdSSIN WHEREAS, the im- not less than ten nor more shown on a certain map than twenty days before entitled Lot Line Re- Tu 1 )z provements to be con 'EVLO-96Z•9V8 strutted for the BLACK- the day set herein for the alignment of Lot No. 10 & •leatB hearing as aforesaid, and 11 Dipalma Estates and 2004 and on the following date OOZE$ 6uit!sy sunt yyATCH FARM DRAINAGE ''agasseo WJ/we _'Jau!! DISTRICT shall include, said Town Clerk shall also filed m the Dutchess 'sw!t a copy thereof to be County Clerk's Office as . thereafter, namely on: paq 'tanoo neauol but are not limited to, 5 cause awotyp 'pdsg 'sagw 108 pocket ponds and outlet posted on the sign -board filed map no. rly di- the Town maintained thence in a southerly di- 8daONIX 3X structures, 13 catchbasins, of 1 drainage manhole, 1,509 pursuant to Subdivision 6 rection along the westerly. lot no. 10 the fol 6666 N'dSSIN L.F. of 15" HDPE pipe, 308 of Section 30 of the Town line of law and to send, by firstreof coOUTH ourses a10-5 dis L96V-L6Z-9V8 II -0 L.F. of 18" HDPE pipe, wet- `O09'VL04uetteM p;lxa lands rip -rap inlet and out- class mail, a copy tonins, Eo taBueyo po as!p 9 'Papeo! let protection, and six I61 to each owner wi withinable the rat, th nAST ce SOUTH 20- jagjeal uel '91!gM '!w:89E 24" HDPE' driveway cul- real properly P BLACKWATCH 48-40 EAST 170.78 feet to 31d1s+3 verts; and proposed WHEREAS, the mainte- FAMS DRAINAGE DIS- a point, thence SOUTH 13- TRICT, as shown upon the 59-20 EAST 106.07 feet to I nance of all drainage .I a39dIIIn easements and incidental latest completed asses- a point, thence SOUTH 11- EAST 148.67 feet.to 000Z improvements and ex• sment roll of the Town, 39.30 not less than ten nor a point, SOUTH 09 06-15 I And ending on the day o: Ail IJa3W penses in connection each therewith is more fully de- more than twenty days EAST 138,57 feet to a before the day set for the point, thence SOUTH 11-_ 2004 both days 1nC1US1VE scribed in the Map, Plan L� and Report' hereinbefore hearing as aforesaid. 55.05 EAST 135.06 feet fid 4. This Order shall take a point thence SOUTH 13- , aaa�L{•�Eg•ggg described; and effect immediately. a Q° 'NO A31V3H WHEREAS, following the 02-50 EAST 8 the feet to -a Schedule "A" point along the westerly f ",6L$ aforementioned Peti- dnHO tioner's construction and All those lots and parcels line of Lot no. 2 as shown a Subdivi- on filed map no. 7546, ��0°y_� vptngng - dedication of the im- described on y •a04 �b 93P, provements to the Town, Sion Plat entitled "Bloc- thence in a southerly di- kwatch Farm" dated June rection along the westerly Subscrib d sw0 to before me this ayam the cost of and for main- t`a��¢ cQ'o, taining the District shall be 1, 1999 and last revised line of Lot no 2 of filed 7546 and the day of 2004 a 9,_,,, \: I assessed, levied, and col- April 28, 2004 which map wesmap no. the several is nte to be filed Lot no fromo. ne County ndtLot nerl 3 asfsh wn on lactd otsa and of land theDuthess Clerk's Office subsequent a certain map entitled: .N- within said district in Pro- "ion as may be to the to the filing of this Peti- Donald & Georgette K. •'t Said Subdivision Plat Grossman and filed in the which each lot and tion: land in said dis• contains 22 tots. Excluded Dutchess •County Clerk's` no. No Public rY �D�P 4n the rict are \\rfliveetherefrom from the property withinOffice as filed map a4!ad�a°��pipe eonveyed 9oueses land dshe ltanc�es, Gr �p 'Map, the lands bel to the Town of Wappinger SOUTH 12-30-20EAST'My commission expires�� �cludn6 �yacj� has for park or recreation pur- 286.08 feet to a point, aa�ti i'gc0 in such totaling approxi- thence SOUTH 11-07-10 0290 0 o poses, Qca�\o° 'bJya?n"such detail mately 44.08 acres+I-, as EAST 279.00 'feet to a' °`�aaF�cQ as `ieretofore been shown on the above refer- point' along the northerly, # t l- ' aQ a a�4lcolad by the Town enced Subdivision Plat. A metes and bounds de- line of lands of the lands of the Town of Wappinger d. r'" f , of the Town of Dutchess scription of the property also known a Van Dyne, appinger, County, New York, relat- within the Subdivision Cemetery. thence in. a. SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET L,JAPPINGiERS FALLS, NY 12590 NOTICE OF ADOPTION OF, ORDER CALLING A PUBLIC; 1 HEARING ON THE ESTABLISHMENT OF THE To: WAPPINGERS FALLS, TOWN �RIACKWAT�FpRAINAGE DISTRICTll1lul ... i � P.O. BOX 324 L PLEASE TAKE NOTICE theCtha Town Board of the. Townof WAPPINGERS FALLS, NY 12590 New Yorkoingerthe BlhdassCunty,2004, duly adopted the Order published Re. Legal notice pie388 herewith calling public hearing, t ORDER CALLING PUBLIC HEARING ON THE r - ESTABUSHMENT OF Stag of NEW YORK } THEa_ACKWATCHFARAAS DRAINAGE DISTRICT SS: Ata regular meeting of the Town Board of. the Town of Wappinger; County of GUTCHESS} Dutchess County, NewYork , held'" 'be I, TINA HEATH, being duly sl,lorn y depose. and at Town Hall, 20 Middlebush Road, !` Dpnatis �qj[ � y"dy�;epI a,.. a5 i Southern sa> that I am the BOOKKEEPER of hoursforexaminationbyanyper- interested son in the subject man- Dut.c:hess News, a weekly newspaper of general i ner thereof; and WAPPINGERS FALLS, circulation published in ��, WHEREAS, the Town Boardcater. mines that the creation of this Drain- _ County of DUTCHESS y State of NEW YORK; and age District is a Type II action as defined in 6'NYCRR 617.5 and that a notice, of which the annexed is a y Chaptewn i ofWaprnger,and,17 of the acc oingly, he of Wappinger, and, accordingly, the printed copy, was duly published In Southern TownBoard hereby expressly de- termines that this action is not an Dutc-'hess News once on 07/14/04. actionthatrequiresreviewpursu- ant to the provisions of the NewYork State. Environmental Qua lity.R a-, view Act ISEORA) or pursuant to Chapter 117 of the Code of the Town ' of Wappinger or pursuant NYCRR Park 617; and WHEREAS; it Is now desired to - a call a public hearing upon the ques-. -F �''BL Sworn to before me this 16th da'' of .JUlY 2004 J y oftheestablishmentofthe BLoft FARMS DRAIN-' t AGE DISTRICT, all (pursuant to c §193 of the Town Law. NOW, THEREFORE, BE IT OR- a w -- — •-- tdJ E ! r y Pub l a c --i DEFIED, by the Town Board of the if Town of Wappinger, Dutchess h ALBERT Nit NOTARY PUBLIC, STA -T= OFF NEW YORK ` County, New York as follows: , S 1. Recitations Incorporated The . QUALiFIEt7 IN GL'TCtIE^:S COUNTY recitations above set forth arin-. corporatedinthisOrdera. e ful11 #14-0240760 set forth and adopted herein. ra, EXP commisSION WIRES JUN 1 LOO( I 2.PublicHearin aTheTo wnBoard hereby determines that a meeting of the Town Board ofthe .Town :,ol'._.- RF ` E_1\1F_D JUL 2 6 2004 -TOWN rL.ERK .2o Middlebush Road; Wappi Falls, New: York, in said Tov -_ - - the 26th day of July, x2004 a P. M., prevailing time,`for th ..pose of holding a Public Heat consider the establishment BLACKWATCH: FARMS DF AGE DISTRICT described preambles hereof and toicor :the Map,.Plan and Report fi relation thereto, and to hear -sons interested in the subjecl ter thereof concerning the s and for such other action on th of said Town`Board as may nereoy authorized and direct cause a copy of this Order I Published once in the Soul Dutchess News, the officials paper of the .Town, and the Po keep aie Journal, the first pub tion thereof to be not less thai nor more than twenty days be the day set herein for the hee as,aforesald; and said Town C shall also cause a copy there be posted on the sign -board o Town maintained pursuant to divisi6n'6 of Section 30 of the -r Law and to send, -by firsLclass r a copy thereof to each owner of able real. property•w'ithinthe .-' Posed:. BLACKWATCH :FAA DRAINAGE DISTRICT --r;, I. 279.00 feet to a point along ', rtherly line of the lands of the 3f the Town of Wappinger also i I as Van Dyne Cemetery, y in a westerly and southerly 3n along the lands of the Town tpinger the following courses I stances, SOUTH 55-34.00 r 80,22 feet to a point, thence 131-56-00 EAST 126:84 feet int along the westerly line o1 ;on Lane; thence in a south `t rection along the westerly Robinson Lane the following s and distances, SOUTH 44- z NEST 120.93 feet to apoint, it SOUTH 32-56-50 WEST Ii ,at to a point; thence -SOUTH ,f1 30 WEST 106.13 feet to a hence SOUTH 04-10=30 134,09 Leet to the point of „e lg.Containing261-39-acres b more or less,, It to a Central Hudson Gas _p ctric Right of Way over and )o the northerly portion of the IA lescribedparcel.p[ to the rights of oublic utili- •r, dwo 91218 >Iro%me 07/26/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on July 26, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York Establishing the Blackwatch Farms Drainage District. Supervisor Ruggiero opened the Public Hearing at 8:15 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived at 8:50 p.m.) 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 Joel Hannig, Attorney The Town Clerk offered for the record, the Affidavit of Posting, Publication and Mailing duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero asked if there were any question or comments from the public. There were none. Councilwoman McCarthy moved to close the Public Hearing, seconded by Councilman Valdati and unanimously carried. The Public Hearing closed at 8:16 p.m. 4 4-4�� Gloria or e Town lerk BLACKWATCH FARMS DRAINAGE AFFIDAVIT OF MAILING STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) FLORENCE HANNON, being duly sworn, deposes and says: I am over the age of eighteen (18) years of age and I reside at 18 Beatty Road, Wappingers Falls, New York. On the 9th day of July, 2004, I served a true copy of the annexed NOTICE OF PUBLIC HEARING by mailing a copy of same in a sealed envelope with a pre -paid postage thereon in a Post Office or official depository of the U.S. Postal Service within the Town of Wappinger, Dutchess County, New York, addressed to the last know addresses of the addressees as set forth on the attached Schedule No.l. The last know addresses are the addresses maintained by the Town of Wappinger Sewer and Billing Department which regularly updates the addresses of property owners within the Town's various Water and Sewer Districts and/or Improvement Areas with information received from the Town Assessor's Office and with notices received from title companies and real estate attorneys in connection with the sale of real estate within the Town. Sw�o�n of bef n. on this %day of 2( 0 GLORI/l WAM MORSE Netary Pu S'ste of Naw Yurk Qualified in N+xhess County 47 Comm. Expires Aug. 31, �cJ�-mac Cn FLORENCE HANNON Deputy Town Clerk AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York depose and say: That on the 14thday of July , 2004, I caused to be posted on the official signboard maintained by me pursuant to Subdivision 6 of Section 30 of the Town Law, an order, certified by me, duly adopted by said Town Board on the 28 day of .Tune , 2004. A true and correct copy of such order in the exact form in which the same was actually posted is attached hereto and made a part hereof. 0 Tdr erk i Subscribed and sworn to before this day of 92004 MARfAGIt8R10E s Nohry Pa-blic, State of New Yolk ; Rei. No. OIGIS087374 Qualified in DutchPss Co t _ Commission Ex&es Nov.3, � Notary Public 8 \\Vsrp03\Common\Wappinger\Town Board\DRAINAGE DISTRICTS\Blackwatch\Order Calling PH.doc Final