2003-12-22 RGMFAX: (845)297-4558
Monday, December 22, 2003
7:30pm
Wappinger Town Hall
AGENDA
Call to Order
Roll Call, Salute to Flag
Receipt and Approval of Minutes
November 10, 2003 Workshop Meeting
November,20, 2003 Special Meeting
November 24, 2003 Regular Meeting
Suspension of Rules for Public Comment on Agenda Items
Correspondence Log
2003CL-353 to 2003CL-378
Public Hearing:
Construction and Improvement of Lakeside Drive in the Cedar Knolls Subdivision
Discussions:
Sight.Distance on Dorett Drive -Norman Payerle
Zoning Board of Appeals Site Visit Payments
Town Payroll -Jerry Terwilliger
Resolutions:
2003-291 Resolution Accepting Correspondence Log
2003-292 Resolution Accepting Roads, Easements, Utilities, and Other Improvements '
in Connection with Section I and II of the Evergreen Subdivision
2003-293 Resolution Authorizing Cellularone and/or Cingular Wireless and/or
Omnipoint Communications to Submit Application to the Town of
Wappinger Planning Board for Installation of Additional Wireless
Communications Cell phone Transmission Devices
2003-294 Resolution Confirming Actions Taken Persuant to Executive Order Issued,
for Emergency Repairs to the Heating System at Carnwath Farms
2003-295 Resolution Authorizing Purchase Order for Robinson Lane Fencing
2003-296 Resolution Authorizing Gunderud Escrow Refund
2003-297 Resolution Authorizing Copeland Application Refund
2003-298 Resolution'Authorizing Executive Park Escrow Refund
2003-299 Resolution Authorizing Emsley Subdivision Escrow Refund
2003-300 Resolution of Good Faith to Review, Negotiate and Execute the Proposed
Franchise Renewal Agreement Between Cablevision of Wappingers Falls,
Inc. and the Town of Wappinger
2003-301 Resolution Authorizing Completion Change Order #3 for 99-2R Contract 6
2003-302 Resolution Authorizing Change Order For Carnwath Fuel Oil Tank
Replacement
2003-303 Resolution Authorizing BAN for Snow Removal
2003-304 Resolution Authorizing Budget Transfer
2003-305 Resolution Appointing Zoning Board of Appeals Member
New Business/Comments
Adjournment
12/22/2003.RGM
The Regular Meeting of the Town Board of the Town of Wappinger was held on
December 22, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New
York. Supervisor Ruggiero opened the meeting at 7:30 p.m.
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Christopher Colsey, Councilman
Joseph Paoloni, Councilman
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts Attorney to the Town
Graham Foster, Highway Superintendent
Absent:
Gloria J. Morse, Town Clerk
The Supervisor asked all to join in the Pledge of Allegiance to the Flag.
RECEIPT AND APPROVAL OF MINUTES
The Minutes of the Workshop Meeting of November 10, 2003, Special Meeting of
November 20, 2003 and Regular Meeting of November 24, 2003 having previously
been forwarded to the Board Members, were now placed before them for their
consideration.
Councilman Paoloni moved to accept the above stated Minutes as submitted by the
Town Clerk be and they are hereby approved.
Seconded by Councilman Colsey
Motion Unanimously Carried
SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA
ITEMS
Councilman Bettina moved to suspend the rules for purposes of public comment on
agenda items.
Seconded by Councilman Paoloni
Motion Unanimously Carried
CORRESPONDENCE LOG 2003 -CL -353 TO 2003 -CL 378
(See Attached Sheets)
PUBLIC HEARING:
• Construction and Improvement of Lakeside Drive in the Cedar Knolls
Subdivision
DISCUSSIONS:
• Distance on Dorett Drive -Norman Payerle presented photos of trees he
deemed dangerous to drivers. Zoning Administrator Tatiana Lukianoff
explained that she investigated area and also took photos and does not see it
as an issue. She felt the tree in question did not impact visibility. Graham
12/22/2003.RGM
Foster informed the Board that he had trimmed the tree in question eight
months ago when Mr. Payerle first questioned this. He spoke to the owner
and told her he would like to trim the tree back to what he felt was the edge
of Town property. He was unaware of the Zoning regulation at that time,
and was guided by Highway Specifications. Mr. Payerle has stated that he
disagrees with the decision of the Zoning Administrator and feels that the
Zoning Administrator has failed to enforce the Zoning Code. Mr. Roberts,
Attorney to the Town stated that if Mr. Payerle disagrees with the
interpretation of the Zoning Administrator, he does have 60 days to appeal to
the Zoning Board of Appeals to override the Zoning Administrator's
determination in this matter. Discussion followed. Mr. Foster
recommended a full stop sign on Dorett approaching Sabra..
Councilman Valdati moved to authorize Jay Paggi, Engineer to the Town and
Graham Foster, Highway Superintendent to inspect the area in question and return
with their recommendation, seconded by Councilman Colsey and unanimously
carried.
• Zoning Board of Appeals Site Visit Payments -Al Roberts Attorney explained
that the Comptroller tried to locate the enabling resolution authorizing a per
meeting stipend for board members and could not find one. He traced back
payments to beyond 1990 and it appears to have commenced around 1989,
but the exact origin is unknown. The Planning and Zoning Board of Appeals
have been paid on a per meeting basis. Research has disclosed that every
salary for every public official or public employee has to be done on an annual
basis. In other words we can't do it on a per meeting basis unless we adopt a
local law superceding the general provisions of Town law. The per meeting
payment at this point appears to be illegal and in order to validate it we
would have to adopt a local law. According to Howard Prager, whenever
there was a question of enforcing the ordinance the board would go out to
make sure there were no other violations. They had submitted the vouchers
and that's the way they have been paid for years. Discussion followed.
Councilman Bettina moved to amend Purchase Orders for the Zoning Board of
Appeals to $25 per meeting and $25 per day for all site visits within that day, plus
mileage, seconded by Councilman Paoloni and unanimously carried
• Town Payroll- Jerry Terwilliger has suggested to bridge the gap between the
old and the new budget. Discussion followed.
Councilman Bettina moved to add an additional pay period to 2003, seconded by
Councilman Colsey and unanimously carried.
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12/22/2003.RGM
RESOLUTION NO. 2003-291
RESOLUTION AUTHORIZING PLACEMENT OF
CORRESPONDENCE ON FILE
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Valdati.
BE IT RESOLVED, that 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 Vote Aye
Robert Valdati, Councilman Vote Aye
Vincent Bettina, Councilman Vote Aye
Christopher Colsey, Councilman Vote Aye
Joseph Paoloni, Councilman Vote Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-292
RESOLUTION ACCEPTING ROADS, EASEMENTS, UTILITIES AND
OTHER IMPROVEMENTS IN CONNECTION WITH SECTIONS I and II
OF THE EVERGREEN SUBDIVISION
The following Resolution was introduced by Councilman Valdati and seconded by
Councilman Bettina.
WHEREAS, Creative Building Concepts, Inc. has previously made application to
the Town of Wappinger Planning Board to approve a subdivision of lands more
particularly described in a subdivision plat entitled "Phase 1— Final Plat,
Evergreen Estates", prepared by Barger, Day & Oswald Consulting Engineers and
Surveyors, dated September 2, 1992 and as may have been revised from time to
time thereafter; and
WHEREAS, Wolfinger Enterprises, Ltd. has previously made application to the
Town of Wappinger Planning Board to approve a subdivision of lands more
particularly described in a subdivision plat entitled "Evergreen Estates — Section II"
prepared by Day, Oswald & Gillespie Consulting Engineers and Surveyors, dated
June 14, 1999, and as may have been revised from time to time thereafter; and
WHEREAS, the Town of Wappinger Planning Board granted final conditional
subdivision approval, by Resolution dated January 5, 1995, subject to, and
conditioned upon, fulfillment of the conditions set forth in the aforementioned
Resolution, and subject to certain improvements being made and constructed as set
forth in the aforesaid Subdivision Map and related Contract drawings, including
dedication of the roads for Evergreen Subdivision, Section I, all in accordance with
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12/22/2003.RGM
the Town of Wappinger Subdivision Regulations, Zoning Code, Highway
Specifications, and Rules and Regulations of the Town; and
WHEREAS, the Town of Wappinger Planning Board granted final conditional
subdivision approval, by Resolution dated April 20, 1998, subject to, and
conditioned upon, fulfillment of the conditions set forth in the aforementioned
Resolution, and subject to certain improvements being made and constructed as set
forth in the aforesaid Subdivision Map and related Contract drawings, including
dedication of the roads for Evergreen Subdivision, Section II, all in accordance with
the Town of Wappinger Subdivision Regulations, Zoning Code, Highway
Specifications, and Rules and Regulations of the Town; and
WHEREAS, Town Law §277 requires a developer of a subdivision to guarantee the
construction, installation, and dedication of the improvements required by the
Resolution of Subdivision Approval, prior to issuance of any building permits; and
WHEREAS, all of the improvements required by the Resolutions of Subdivision
Approval for both Evergreen Subdivision, Sections I and II have been completed;
and
WHEREAS, subsequent to the time the Offer of Cession and Dedication was
granted to the Town of Wappinger it was determined that the proposed Road "B"
(sometimes referred to as Abigail Lane) would no longer be needed or necessary as a
Town road; and
WHEREAS, the Town of Board has determined it is in the best interest of the
citizens of the Town of Wappinger, and the residents of the Evergreen Subdivision,
Sections I and II, that Evergreen Drive, together with Easements and other public
improvements, made and constructed in connection with Evergreen Subdivision,
Sections I and II, be accepted by the Town of Wappinger as a public road and for
municipal purposes and that the Deed of Conveyance tendered with the Offer of
Cession and Dedication be amended to specifically exclude Road `B" (sometimes
referred to as Abigail Lane) and that said Deed of Conveyance be amended
excepting Road `B" from said description in accordance with a legal description
prepared by Paggi, Martin & Del Bene, LLP dated December 2, 2003, and in
accordance with letter from Joseph E. Paggi, Jr., P.E., Engineer to the Town dated
December 3, 2003, copies of which are affixed hereto.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
The Town Board hereby determines that it is in the best interest of the residents of
the Town of Wappinger, particularly the residents of the Evergreen Subdivision,
Sections I and II, to accept the roads, easements, utilities and other related
improvements made and constructed in connection with said Subdivision.
12/22/2003.RGM
The Town Supervisor, Joseph Ruggiero, the Engineer to the Town, Joseph E. Paggi,
Jr., and the Attorney to the Town, Albert P. Roberts, are authorized and directed to
take whatever steps are necessary to have the deeds and easements, and any
related bills of sale, recorded and/or filed in the Office of the Dutchess County Clerk
and to execute any and all documents necessary for such recording and/or filing.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Aye
Robert Valdati, Councilman
Aye
Vincent Bettina, Councilman
Aye
Christopher Colsey, Councilman
Aye
Joseph Paoloni, Councilman
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-293
RESOLUTION AUTHORIZING CELLULARONE AND/OR CINGULAR
WIRELESS AND/OR OMNIPOINT COMMUNICATIONS TO SUBMIT
APPLICATION TO
THE TOWN OF WAPPINGER PLANNING BOARD FOR INSTALLATION OF
ADDITIONAL WIRELESS COMMUNICATIONS CELLULAR PHONE
TRANSMISSION DEVICES
The following Resolution was introduced by Councilman Colsey and seconded by
Councilman Valdati
WHEREAS, the Town of Wappinger entered into a five (5) year Lease Agreement
with Dobson Cellular Systems, Inc. dated March 24, 2000 for the agreed upon sum
of $18,000.00 annually with a 3% annual rental increase that commenced on March
24, 2001; and
WHEREAS, pursuant to the written Lease Agreement dated March 24, 2000 and
subject to Site Plan/Special Use Permit Approval granted by the Planning Board of
the Town of Wappinger, Dobson Cellular Systems, Inc., as Manager and o/b/o
Dutchess County Cellular Telephone Co., Inc. d/b/a CellularOne (hereinafter
referred to as "CellularOne") constructed a 150 foot monopole wireless
communication tower located at 14 Middlebush Road, Wappingers Falls, New York
(Tax Grid No. 6157-01-353724); and
WHEREAS, CellularOne has received proposals from Southwestern Bell Mobile
Systems, LLC on behalf of Cingular Wireless Services, Inc. (hereinafter referred to
as "Cingular") and Omnipoint Communications, Inc. on behalf of T -Mobil U.S.A.,
Inc. (hereinafter referred to as "Omnipoint") to utilize the 150 foot monopole
wireless communication tower for the placement of additional panel antennas in
order to effectuate the co -location of cellular phone transmission devices via the
proposed wireless antenna facility; and
WHEREAS, Cingular prepared a "RF (radio frequency) Exposure Analysis for
Proposed Cingular Wireless Antenna Facility" dated November 10, 2003 in which it
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12/22/2003.RGM
determined that the total power density at the proposed site would be almost
negligible.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
The Town Board hereby consents to CellularOne and/or Cingular and/or Omnipoint
to submit an application to the Town of Wappinger Planning Board for the
placement of additional panel antennas in order to effectuate the co -location of
additional wireless communication transmission devices for use by Cingular and
Omnipoint, respectively, on the 150 foot monopole wireless communication tower
located at 14 Middlebush Road, Wappingers Falls, New York (Tax Grid No. 6157-
01-353724).
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Aye
Robert Valdati, Councilman Nay
Vincent Bettina, Councilman Aye
Christopher Colsey, Councilman Aye
Joseph Paoloni, Councilman Abstain
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-294
RESOLUTION CONFIRMING ACTIONS TAKEN PURSUANT TO
EXECUTIVE ORDER ISSUED FOR EMERGENCY REPAIRS MADE TO
THE HEATING SYSTEM AT CARNWATH MANSION
The following Resolution was introduced by Councilman Colsey and seconded by
Councilman Paoloni
WHEREAS, the Town of Wappinger purchased a 99 acre estate property located on
Wheeler Hill Road in the Town of Wappinger, previously known as the "Greystone
Estate", now known as "Carnwath Farms"; and
WHEREAS, one of the primary structures on the property is the "Carnwath
Mansion", a three story mansion constructed in the mid -1800s which is listed on
the State and Federal Registrar of Historical Places; and
WHEREAS, the Town has planned the long term rehabilitation of the Carnwath
Mansion and has applied for grants to fund its restoration; and
WHEREAS, the Town has previously undertaken interim repair work to the
Carnwath Mansion to shore up the structure and weather-proof the building to
prevent any further damage to the building; and
WHEREAS, because of the interim repairs previously undertaken, the Carnwath
Mansion is in reasonably sufficient condition to hold various public functions and
public viewings; and
WHEREAS, the Town had scheduled a Victorian Holiday party at the Carnwath
Mansion for Friday, December 12, 2003 and for Saturday, December 13, 2003 at
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12/22/2003.RGM
which approximately 200 members of the public were expected to be in attendance;
and
WHEREAS, on Tuesday, December 9, 2003, Town Supervisor, Joseph Ruggiero, was
advised that the heating system at the Carnwath Mansion had stopped functioning
and that the heating technician/repairmen from Bottini Fuel Oil Corp. had stated
that the system was not worth repairing; and
WHEREAS, weather projections for Tuesday, December 9 through Sunday,
December 14 had predicted that extremely cold weather was expected, that another
snow storm was a distinct potentiality and accordingly, immediate heat was
required — both to protect the building from further deterioration and damage as
well as to provide heat for the Victorian Holiday party scheduled for December 12th
and 13th; and
WHEREAS, by Executive Order No. 2003-6, Supervisor Joseph Ruggiero had
issued an Executive Order authorizing immediate replacement of the heating
system serving the Carnwath Mansion and suspending the Town's procurement
policy for the purposes of making such emergency replacement of the heating
system — all of which is set forth in Executive Order No. 2003-6 attached hereto as
Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
The Town Board hereby determines and confirms that a heating emergency existed
with respect to the Carnwath Mansion requiring the immediate replacement of the
heating system on an emergency basis.
The Town Board hereby confirms the actions of the Supervisor Joseph Ruggiero in
issuing Executive Order No. 2003-6, attached hereto as Exhibit "A", and suspending
the Town's procurement policy and taking whatever steps were necessary to replace
the heating system at Carnwath Mansion during the week of December 9, 2003.
The foregoing Resolution was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Aye
Robert Valdati, Councilman Aye
Vincent Bettina, Councilman Aye
Christopher Colsey, Councilman Aye
Joseph Paoloni, Councilman Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-295
RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR FENCING AT
ROBINSON LANE RECREATION FACILITY
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Bettina
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12/22/2003.RGM
WHEREAS, the Recreation Committee has recommended the purchase of a new
fencing for the Robinson Lane Recreation Facility, and
WHEREAS, the Recreation Commission received bids as follows:
A-1 Fencing Company
$9871
DiPiet Fence Company
$14,450
Adams Fence Company
No Response
Mid Hudson Fence Co.
No Response
WHEREAS, the Recreation Committee has requested a purchase order in the
amount of Nine Thousand, Eight Hundred -Seventy -One Dollars ($9,871.00) payable
to A-1 Fence Company, 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 Nine
Thousand, Eight Hundred -Seventy -One Dollars ($9,871.00) payable to
A-1 Fence Company, Inc. from Account A-7110.4, in accordance with a
letter dated October 21, 2003 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
Joseph Paoloni, Councilman
Voting
Aye
Christopher Colsey, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2003-296
RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS
FOR 11 PINE HILL DRIVE
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Colsey.
WHEREAS, on or about January 23, 2003, Hans Gunderud deposited One
Thousand Dollars ($1,000.00) with the Town of Wappinger for a Driveway Escrow
for 11 Pine Hill Drive, and
WHEREAS, Hans Gunderud has requested a refund in the amount of One
Thousand Dollars and 00/100 ($1,000.00) as the work has been completed in
accordance with a letter from Highway Superintendent Graham Foster dated
December 2, 2003.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
12/22/2003.RGM
1. Payment is approved in the amount of One Thousand Dollars and 00/100
($1000.00) made payable to Hans Gunderud, Account Number 01-603, for the
refund of the unused driveway escrow deposited for 11 Pine Hill Drive.
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
Christopher Colsey, Councilman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2003-297
RESOLUTION AUTHORIZING REFUND OF APPLICATION FEE
FOR 34 QUARRY DRIVE
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Colsey.
WHEREAS, on or about January 29, 2003, Bruce Copeland deposited Thirty-five
Dollars ($35.00) with the Town of Wappinger for a Building Permit for an existing
shed for 34 Quarry Drive, and
WHEREAS, Bruce Copeland has requested a refund in the amount of Thirty-five
Dollars ($35.00) as the shed has received a Certificate of Non -Conformity through
Shed Amnesty.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
1. Payment is approved in the amount of Thirty-five and 00/100 Dollars
($35.00) made payable to Bruce Copeland , Account Number 2003-0093, for the
refund of the building permit fee for 34 Quarry Drive.
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
Christopher Colsey, Councilman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2003-298
RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS
FOR 11 PINE HILL DRIVE
The following Resolution was introduced by Councilman Colsey and seconded by
Councilman Paoloni
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12/22/2003.RGM
WHEREAS, on or about April 4, 2002, Mark Ritter deposited Two Thousand
Dollars ($2,000.00) with the Town of Wappinger for a site plan Escrow for
Executive Park located at 1299 Route 9, and
WHEREAS, Mark Ritter has requested a refund in the amount of One Thousand
Eight Hundred Fifty-four Dollars and 10/100 ($1,854.10) as the work has been
completed in accordance with a letter from Zoning Administrator, Tatiana
Lukianoff dated December 9, 2003.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
1. Payment is approved in the amount of One Thousand Eight Hundred, Fifty-
four Dollars and 10/100 ($1,854.10) made payable to Mark Ritter, Account
Number 00-3037, for the refund of the unused site plan escrow deposited for
Executive Park located at 1299 Route 9.
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
Christopher Colsey, Councilman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2003-299
RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS
FOR THE EMSLEY SUBDIVISION SECTION II
The following Resolution was introduced by Councilman Valdati and seconded by
Councilman Bettina.
WHEREAS, on or about March 1, 2001, Beverly Emsley deposited Two Thousand
Dollars ($2,000.00) with the Town of Wappinger for a Subdivision Escrow for the
Emsley Subdivision Section II at Route 376 and Airport Drive, and
WHEREAS, Kathleen Neave has requested a refund in the amount of One
Thousand Six Hundred, Seventy -Two Dollars and 50/100 ($1,672.50) as the work
has been completed.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
1. Payment is approved in the amount of One Thousand Six Hundred, Seventy
—two and 50/100 ($1,672.50) made payable to William and Kathleen Neave,
Account Number 01-3039, for the refund of the unused escrow deposited for the
Emsley Subdivision.
The foregoing was put to a vote which resulted as follows:
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12/22/2003.RGM
Joseph Ruggiero, Supervisor
Voting
Aye
Robert Valdati, Councilman
Voting
Aye
Vincent Bettina, Councilman
Voting
Aye
Christopher Colsey, Councilman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2003-300
RESOLUTION OF GOOD FAITH TO REVIEW, NEGOTIATE AND EXECUTE
THE PROPOSED 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 Colsey
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
renegotiated or executed and as a result expired on August 12, 2003; and
WHEREAS, the Town Board conducted a Public Hearing on December 8, 2003 at
Town Hall at 7:30 p.m. to get public input on the restoration of local news
programming at a cost per subscriber of $0.58 per month; and
WHEREAS, the Public Hearing was opened and concluded on December 8, 2003;
and
WHEREAS, Cablevision submitted 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, by Resolution No. 2003-291 dated December 8, 2003, the Town Board
objected to one of the conditions contained in the Memorandum of Understanding
that the Town of Wappinger will cause the proposed Franchise Renewal Agreement
between the Town and Cablevision to be negotiated and executed by December 31,
2003; and
WHEREAS, the Town of Wappinger seeks to act in good faith in furtherance of its
review, negotiation and execution of the proposed Franchise Agreement between
Cablevision of Wappingers Falls, Inc. and the Town of Wappinger.
NOW, THEREFORE, BE IT RESOLVED, as follows:
The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
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12/22/2003.RGM
The Town Board hereby declares that it will endeavor to act in good faith to review,
negotiate and execute a Franchise Renewal Agreement between Cablevision of
Wappingers Falls, Inc. and the Town of Wappinger no later than February 28, 2004.
The foregoing Resolution was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Christopher Colsey, Councilman
Joseph Paoloni, Councilman
The Resolution is hereby duly declared adopted
Aye
Aye
Aye
Aye
Aye
RESOLUTION NO. 2003-300
RESOLUTION OF GOOD FAITH TO REVIEW, NEGOTIATE AND EXECUTE
THE PROPOSED 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 Colsey.
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
renegotiated or executed and as a result expired on August 12, 2003; and
WHEREAS, the Town Board conducted a Public Hearing on December 8, 2003 at
Town Hall at 7:30 p.m. to get public input on the restoration of local news
programming at a cost per subscriber of $0.58 per month; and
WHEREAS, the Public Hearing was opened and concluded on December 8, 2003;
and
WHEREAS, Cablevision submitted 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, by Resolution no. 2003-291 dated December 8, 2003, the town Board
objected to one of the conditions contained in the Memorandum of Understanding
that the Town of Wappinger will cause the proposed Franchise Renewal Agreement
between the Town and Cablevision to be negotiated and executed by December 31,
2003; and
WHEREAS, the Town of Wappinger seeks to act in good faith in furtherance of its
review, negotiation and execution of the proposed Franchise Agreement between
Cablevision of Wappingers Falls, Inc. and the Town of Wappinger.
NOW, THEREFORE, BE IT RESOLVED, as follows:
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12/22/2003.RGM
1. The recitations above set forth are incorporated in this Resolution as if fully
set forth an adopted herein.
2. The Town Board hereby declares that it will endeavor to act in good faith to
review, negotiate and executed a Franchise Renewal Agreement between
Cablevision of Wappingers Falls, Inc. and the Town of Wappinger no later
than February 28, 2004.
The foregoing Resolution was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Aye
Robert Valdati, Councilman
Aye
Vincent Bettina, Councilman
Aye
Christopher Colsey, Councilman
Aye
Joseph Paoloni, Councilman
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-301
RESOLUTION AUTHORIZING COMPLETION CHANGE ORDER NO.3 FOR
99-2R CONTRACT NO.6
The following resolution was introduced by Councilman Colsey an seconded by
Councilman Bettina.
WHEREAS, the Engineers to the Town, Paggi, Martin & DelBene have approved
Completion Change Order No. 3 for Wappinger Water Improvement Area 1999-2R
as per a letter dated December 16, 2003, a copy of which is attached hereto.
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 approves completion change order No. 3 dated
December 16, 2003 to Wappinger Water Improvement Area -1999-2R,
Contract No. 6 between the Town and Grant Street Construction in the
amount of Fifty-five Thousand, four Hundred, Seventeen and 29/100
($55,417.29) for the reasons set forth in the letter dated December 16, 2003
from Charles DelBene of Paggi, Martin & DelBene to the Town Board.
The foregoing Resolution was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Aye
Robert Valdati, Councilman
Aye
Vincent Bettina, Councilman
Aye
Christopher Colsey, Councilman
Aye
Joseph Paoloni, Councilman
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-302
RESOLUTION AUTHORIZING COMPLETION CHANGE ORDER FOR
CAR,NWATH FARMS OIL TANK REPLACEMENT
The following Resolution was introduce by Councilman Colsey and seconded by
Councilman Paoloni.
13
12/22/2003.RGM
WHEREAS, the Engineers to the Town, Fellenzer Engineering have approved a
Change Order for Carnwath Farms Fuel Oil Tank as per a letter dated November 6,
2003, a copy of which is attached hereto.
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 approves a change order dated November 6, 2003 for
the Carnwath Farms Fuel Oil Tank between the town and L&O Mechanical
Contractors in the amount of Seven Thousand, One Hundred, Forty-five and
00/100 ($7,145.00) for the reasons set forth in the letter dated November 6,
2003 from Eric Fellenzer Engineering to the Town Board
The foregoing Resolution was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Aye
Robert Valdati, Councilman Aye
Vincent Bettina, Councilman Aye
Christopher Colsey, Councilman Aye
Joseph Paoloni, Councilman Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-303
RESOLUTION AUTHORIZING ISSUANCE OF $100,000 SERIAL BONDS OF
THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY
THE COST OF EXTRAORDINARY EXPENSES INCURRED FOR THE
REMOVAL OF SNOW AND ICE FROM THE PUBLIC THOROUGHFARES
AND PUBLIC PLACES OF SAID TOWN DURING THE FIRST SIX MONTHS
OF 2003
The following resolution was offered by Councilman Bettina who moved its
adoption, seconded by Councilman Paoloni, to -wit:
WHEREAS, it is now desired to authorize the financing of such capital project;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of
Wappinger, Dutchess County, New York, as follows:
Section 1. For the specific object or purpose of paying the cost of extraordinary
expenses incurred for the removal of snow and ice from the public thoroughfares
and public places of the Town of Wappinger, Dutchess County, New York, during
the first six months of 2003, as extraordinary expenses are defined in Section
26.00(a)(1) of the Local Finance Law, including incidental expenses in connection
therewith, there are hereby authorized to be issued $100,000 serial bonds of said
Town pursuant to the provisions of the Local Finance Law and, specifically,
Section 26.00 of the Local Finance Law,
Section 2. It is hereby determined that the maximum estimated cost of the
aforesaid specific object or purpose is $100,000, and the plan for the financing
thereof shall be by the issuance of the $100,000 serial bonds authorized to be issued
pursuant to this bond resolution.
14
12/22/2003.RGM
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is five years, pursuant to subdivision 1 of
paragraph b of Section 26.00 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 to the payment of the principal of and interest
on such obligations 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 obligations 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 obligations 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 or impressed thereon and may be attested by the manual or facsimile
signature of the Town Clerk.
Section 7. The powers and duties of advertising such bonds for sale, conducting
the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such
manner as he shall deem best for the interests of the Town; provided, however, that
in the exercise of these delegated powers, he shall comply fully with the provisions
of the Local Finance Law and any order or rule of the State Comptroller applicable
to the sale of municipal bonds. The receipt of the Supervisor shall be a full
acquittance to the purchaser of such bonds, who shall not be obliged to see to the
application of the purchase money.
Section 8. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining annual debt service and all matters related thereto, prescribing whether
manual or facsimile signatures shall appear on said bonds, prescribing the method
for the recording of ownership of said bonds, appointing the fiscal agent or agents
15
12/22/2003.RGM
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 its
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. This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this
resolution, no monies are, or are reasonably expected to be, reserved, allocated on a
long-term basis, or otherwise set aside with respect to the permanent funding of the
object or purpose described herein.
Section 10. The validity of such bonds and bond anticipation notes may be
contested only if -
1)
£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 11. This resolution, which takes effect immediately, shall be published in
full in The Poughkeepsie Journal and the Southern Dutchess News, the official
newspapers, together with a notice of the Town Clerk in substantially the form
provided in Section 81.00 of the Local Finance Law.
The foregoing Resolution was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Aye
Robert Valdati, Councilman
Aye
Vincent Bettina, Councilman
Aye
Christopher Colsey, Councilman
Aye
Joseph Paoloni, Councilman
Aye
The Resolution is hereby duly declared adopted
16
12/22/2003.RGM
RESOLUTION NO. 2003-304
RESOLUTION AUTHORIZING BUDGET AMENDMENTS
Councilman Bettina moved to adopt the following Resolution authorizing the Town
Comptroller to make adjustments as necessary to balance the year end budget
seconded by Councilman Valdati.
WHEREAS, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has
recommended certain budget transfers hereby amending the Town Budget as set
forth in a letter dated December 22, 2003 from Gerald A. Terwilliger, Comptroller,
to the Supervisor and town Board Members.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully
set forth an adopted herein.
2. The Town Board hereby authorizes the following budget transfers hereby
amending the Town of Wappinger Budget adopted for the calendar year 2004:
:MfgJe11 �1 _ _ _��
Decrease
A1110.100
Justice Court/P.S.
$2,000
Increase
A1315.100
Comptroller/P.S.
200
Decrease
A1450.100
Elections
500
Increase
A1355.100
Assessors/P.S.
700
Decrease
A3510.100
Dog Warden/P.S.
2,000
Decrease
A7140.100
Playgrounds & Rec/P.S.
1,500
Decrease
A7620.100
Sr. Citizen Director/P.S.
3,000
Increase
A1220.100
Supervisor/P.S.
2,000
Increase
A1220.199
Supervisor/P.S.C.T.
6,000
Decrease
A1315.199
Comptroller/P.S./C.T.
200
Increase
A1330.199
Tax Collection/P.S./C.T.
1,000
Decrease
A1355.199
Assessor/P.S./C.T.
700
Increase
A1410.100
Town Clerk/P.S.
1,010
Decrease
A1410.199
Town Clerk/P.S./C.T.
1,010
Decrease
A1620.100
Building/P.S./Janit
1,500
Increase
A1330.100
Tax Collection/P.S.
1,500
Increase
A1330.400
Tax Collection/C.E.
100
Increase
A1670.40
Central Printing & Mailing
1,500
Decrease
A1620.410
Telephone
1,600
Decrease
A1355.200
Tax Collection Equipment
700
Decrease
A1450.200
Board of Elections Equipment
1,800
Increase
A1110.200
Justice Court Equipment
2,500
AMENDMENT
Increase
A1090
Int. & Penalties Real Prop Tax
$5,000
Increase
A2680
Insurance Recoveries
5,000
Increase
A3060
Records Management
8,504
Increase
A3005
Mortgage Tax
12,050
Increase
A1110.100
Justice Court/P.S.
1,425
Increase
A1220.100
Supervisor/P.S.
569
Increase
A1315.100
Comptroller/P.S.
200
Increase
A1330.100
Tax Collector/P.S.
770
Increase
A1355.100
Assessor/P.S.
10,000
Increase
A1410.100
Town Clerk/P.S.
865
Increase
A7020.100
Culture/Recreation/Adm./P.S.
500
17
12/22/2003.RGM
Increase
A7110.100
Parks/P.S.
975
Increase
A7620.100
Senior Citizen Director/P.S.
600
Increase
A1410.110
Town Clerk Records Clerk
600
Increase
A1410.198
Town Clerk Records Consult.
1,850
Increase
A1410.410
Town Clerk Records Mgt/Suppl.
1,600
Increase
A1420.400
Town Attorney
6,000
Increase
A1440.40
Engineer
2,200
B FUND -- TRANSFERS
Decrease
B8160.100
Refuse & Garbage/P.S.
$2,850
Decrease
B8160.100
Refuse & Garbage/P.S.
4,850
Increase
B3410.100
Fire Inspector
500
Increase
B3410.199
Fire Inspector/P.S./C.T.
7,200
Decrease
B3120.100
Vandalism Patrol/C.E.
1,000
Decrease
B7310.100
Youth Programs/P.S.
3,000
Increase
B8015.199
Zoning Dept./C.T.
4,000
Decrease
B8015.400
Zoning Dept./C.E.
200
Increase
B8015.401
Zoning Dept. Vehicle Gas
200
Decrease
B8160.40
Refuse & Garbage/C/E.
8,000
Increase
B8162.400
Recycle/ C.E.
8,000
Increase
B9030.80
Social Security
1,050
Increase
B9035.800
Medicare
500
Increase
B9040.80
Workers Compensation
185
Increase
B9045.80
Life Insurance
100
Increase
B9060.80
Hospital & Medical Ins.
1,600
Decrease
B9050.800
Unemployment Insurance
3,435
Increase
B3410.401
Fire Inspector Vehicle Gas
250
Increase
B3410.403
Fire Inspector Telephone
100
Increase
B3620.200
Building Dept/Equipment
400
Increase
B3620.400
Building Dept./C.E.
700
Increase
B3620.401
Building —Vehicle Gas
300
Increase
B3620.403
Building — Telephone
500
Decrease
B3620.402
Building — Vehicle Repairs
300
Decrease
B5182.400
Street Lighting
700
Decrease
B8015.200
Zoning Dept. Equipment
400
Decrease
B8020.200
Planning Dept. Equipment
850
AMENDMENTS
Decrease
B2401
Interest and Earnings
$8,200
Increase
B2590
Building Permits
8,200
Increase
B2110
Zoning Fees
1,500
Increase
B2112
Zoning Board of Appeals
1,000
Decrease
B2130
Refuse & Garbage Charges
2,500
Increase
B2115
Planning Board Fees
15,000
Increase
B2590
Building Permits
20,000
Increase
B1420.400
Attorney
5,000
Increase
B1420.450
Fiscal Advisor
1,000
Increase
B1440.400
Engineer
9,000
Increase
B3120.400
Vandalism Patrol/C.E.
10,000
Increase
B3410.100
Fire Inspector
600
Increase
B3620.100
Building Dept./P.S.
1,450
Increase
B8015.100
Zoning Dept./P.S.
2,000
Increase
B8015.199
Zoning Dept./P.S./C.T.
500
Increase
B8020.100
Planning Dept./P.S.
450
Increase
B8162.400
Recycle/C.E.
5,000
HIGHWAY FUND — AMENDMENTS
F,
r
Increase
DB5110.100
General Repairs/P.S.
Decrease
DB5110.400
Contingent Account
Increase
DB5130.400
Machinery/C/E. — Parts
Increase
DB5142.100
Snow Removal Town Highways
Decrease
DB5142.400
Snow Removal T/Hwys/C.E. Salt
Increase
DB9030.80
Social Security
Increase
DB9035.800
Medicare
Decrease
DB9040.800
Workers Compensation
Decrease
DB9045.800
Life Insurance
Increase
DB9060.800
Hospital & Medical Ins.
Decrease
DB9730.700
B.A.N. Interest
12/22/2003.RGM
15,000
15,000
4,000
1,600
5,600
600
300
300
600
1,200
1,200
The foregoing Resolution was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Aye
Robert Valdati, Councilman
Aye
Vincent Bettina, Councilman
Aye
Christopher Colsey, Councilman
Aye
Joseph Paoloni, Councilman
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-305
RESOLUTION APPOINTING ZONING BOARD MEMBER
The following resolution was introduced by Councilman Valdati and seconded by
Councilman Paoloni.
WHEREAS, the Town Board of the town of Wappinger has conducted interviews for
the purpose of appointing a MEMBER OF THE ZONING BOARD OF APPEALS
and;
WHEREAS, the Wappinger Town Board has found Tom DellaCorte to be the
individual capable of performing the duties of MEMBER OF ZONING BOARD OF
APPEALS.
NOW, THEREFORE, BE IT RESOLVED, that Tome DellaCorte hereby is
appointed as the Town of Wappinger Zoning Board of Appeals Member.
The foregoing Resolution was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Aye
Robert Valdati, Councilman
Aye
Vincent Bettina, Councilman
Aye
Christopher Colsey, Councilman
Aye
Joseph Paoloni, Councilman
Aye
The Resolution is hereby duly declared adopted
NEW BUSINESS/COMMENTS
Supervisor Ruggiero wished to thank Chris Colsey for the great job he has
performed as a member of the Town Board. " As you all know Chris will be
stepping down as of January 1st. He has been a great asset to the Board."
Councilman Bettina made a motion that this Board and future Boards recognize
contributions for time served by Town Board members, Zoning Board members,
Planning Board members and Recreation members, seconded by Councilman
Colsey and unanimously carried.
19
12/22/2003.RGM
There was no other business to come before the Board.
Councilman Bettina moved to close the Town Board Meeting, seconded by
Councilman Paoloni and unanimously carried.
The meeting closed at 9:42 p.m.
�Z2q-&A G
Florence Hannon
Deputy Town Clerk
20
Town Board Correspondence Log
Document #
To
From
Date
Received
Re
Agenda
2003CL - 0366
Joseph Ruggiero, Supervi
William Steinhaus, Court
10/30/03
11/12/03
Hard Work on the Waterfront Pays Off, Says Coun
12/22/2003
2003CL - 0354
Joseph Ruggiero, Supervi
Heather L. Kitchen, Town
11/12/03
11/14/03
Town Justice Case report for the month of Oct. 200
12/22/2003
2003CL - 0355
Graham Foster, Highway
Eileen Claire Sassman
11/9/03
11/12/03
Correcting spelling of Major McDonald Way
12/22/2003
2003CL - 0356
Joseph Ruggiero, Supervi
Senator Charles Schumer
11/11/03
11/17/03
Computer Security
12/22/2003
2003CL - 0357
Gloria Morse, Town Cler
Ronald C. Blasws, JR Va
11/7/03
11/17/03
Chapter 150 Zoning
12/22/2003
2003CL - 0358
Joseph Ruggiero, Supervi
Patricia Maupin, Tax Rec
11/12/03
Monthly Report
12/22/2003
2003CL - 0359
Tatiana Lukianoff, Zonin
Mr. Norman Payerle
11/12/03
11/12/03
Re: Visibility at intersection of Sabra and Dorett L
12/22/2003
2003CL - 0360
Town Comptroller, Geral
Charles Del Bene, Jr.
11/12/03
11/17/03
Wappinger Water Improvements 99-2R, Contract
12/22/2003
2003CL - 0361
Joseph Ruggiero, Supervi
Carl S. Wolfson, Town Ju
11/10/03
11/12/03
Town Justice Report
12/22/2003
2003CL - 0362
Joseph Ruggiero, Supervi
Joseph E. Paggie, Jr.
11/6/03
11/12/03
RSS/Osborne Hill Road
12/22/2003
2003CL - 0363
Joseph Ruggiero, Supervi
William R. Steinhaus, Co
10/31/03
11/12/03
Steinhaus Calls for "Friendlier" Train Station
12/22/2003
2003CL - 0353
Joseph Ruggiero, Supervi
Linda Hannigan C.P.A
10/24/03
11/17/03
Town of Wappinger implementing the provisions f
12/22/2003
2003CL - 0365
Mr. Richard Cantor, Teah
Tatiana Lukianoff, Zonin
11/7/03
11/12/03
Raspler Fine Homes (Old Hopewell Acres)
12/22/2003
2003CL - 0378
Joseph Ruggiero, Supervi
Children Services Council
12/1/03
12/1/03
Children Services Newsletter
12/22/2003
2003CL - 0367
Joseph Ruggiero, Supervi
Recreation Comm
10/15/03
11/12/03
Committee meeting minutes on 10/15/03
12/22/2003
2003CL - 0368
Joseph Ruggiero, Supervi
George Kolb, Building In
11/05/03
11/05/03
Building Inspectds Report for the month of Octobe
12/22/2003
2003CL - 0369
Mr. Philip Asper of 770
Norman Pendelton, Senio
11/10/03
11/12/03
In reference to Water Supply
12/22/2003
Thursday, December 18, 2003
Page 1 or 2
Document #
To
From
Date
Received
Re
Agenda
2003CL - 0370
Joseph Ruggiero, Supervi
Tri Muni
12/1/03
12/1/03
Tri Muni Sewer Plant Daily Flows
12/22/2003
2003CL - 0371
Harold Glassberg
Peter J. Marlow, P.E.
12/3/03
12/10/03
Hark Plaza. 2 Public Water Supply System
12/22/2003
2003CL - 0372
Lee W. Bums, General M
Peter J. Marlow, P.E. Seni
12/4/03
12/10/03
Wappingers Falls Toyota and Subaru Public Water
2003CL - 0373
Town Comptroller, Geral
Joseph E. Stankavage
11/18/03
11/20/03
Wappinger Water Improvement
12/22/2003
2003CL - 0374
Joseph Ruggiero, Supervi
Roger Connor, Cablevisi
11/21/03,
11/21/03
Letter in regards to Pricing Structure
12/22/2003
2003CL - 0375
Joseph Ruggiero, Supervi
Albert Roberts, Town Att
12/1/03
12/05/03
Absolute Property Management (Wildwood Subdi
12/22/2003
2003CL - 0376
Joseph Ruggiero, Supervi
George Kolb, Building In
12/02/03
12/05/03
Building Inspector's Report for the Month of Nove
12/22/2003
2003CL - 0377
Joseph Ruggiero, Supervi
Heather Kitchen, Town Ju
12/2/03
12/05/03
Town Justice Report for November 2003
12/22/2003
2003CL - 0364
Joseph Ruggiero, Supervi
Senator Charles Schumer
11/3/03
11/12/03
Domestic Violence issues
12/22/2003
Page 2 of 2
Thursday, December 18, 2003
12/22/2003.PH
A Public Hearing was held by the Town Board of the Town of Wappinger on
December 22, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York in respect to the construction and improvement of Lakeside Drive
in the Cedar Knolls Subdivision in the Town of Wappinger
Supervisor Ruggiero opened the meeting at 7:55 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Christopher Colsey, Councilman
Joseph Paoloni, Councilman
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
Absent:
Gloria J. Morse, Town Clerk
The Deputy 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).
Jay Paggi, Engineer to the Town explained that the preliminary cost
estimate to upgrade Lakeview Drive would cost $470,000 plus $65,000 for
unforeseen expenses such as acquisition of property, additional legal fees and
possibly any land. If the town would entertain this proposal and if the
residents were to agree, it would be paid for by the issuance of Serial Bonds
paid for by the town and the 20 residents that border the road and it would
be in your January tax bill. The Bond would be for a term of 15 years. The
annual debt service for interest and principal to repay this bond would be
about $48,750. If in fact this amount was paid for by the 20 residents it
would work out to a yearly capital charge of $2,438 per resident. If this were
to go through, the Town Board would establish a benefit formula for each of
properties. This meeting has been called to get input from the public as early
on in the process as possible. If there is a positive outcome from tonight's
meeting, the board would have to go through another series of legal
documents and meetings to authorize his firm to prepare a more detailed and
precise estimate of the dollars necessary to complete the work. Al Roberts,
Attorney to the Town explained that at the conclusion of the Public Hearing,
which will not be tonight because of technical reasons, the Town Board will
then have to adopt another resolution authorizing the Engineer to undertake
these preliminary studies. That resolution which the Town Board would
next adopt is subject to a permissive referendum of the property owners in
1
0
12/22/2003.PH
your development. If some of the property owners chose to challenge the
process then they could circulate a petition and would need 3 property owners
at the least to force the petition. In that case it would be subject a vote of the
property owners, and after the vote, the Town Board could them proceed. Jay
Paggi explained this is based on a 50 foot right-of-way and an 18 foot road,
with a cul-de-sac at the end. If there is a positive outcome at tonight's
meeting we will further define the parameters of the road improvement and
input from the public. If we get to the next step we would have to let the
people know what pillars and trees would have to be removed.
At this time Supervisor Ruggiero announced that he would open up the forum
for input from the public. Amelia Sweetland of 25 Lakeside Drive announced
that at this point they have 11 of 14 property owners who have agreed to go
to the next step. Again, the road concerns are the difficulty with emergency
vehicles coming on to the properties, and the inability to maintain the roads
at acceptable levels. During the snow storm in December snow plowing the
road was the worst in town. There are many pot holes. Times have changed
since this area was developed. This was a vacation community and we
currently have 2 out of 14 residence that use these homes as vacation
property. The majority are in it for investments. There are 4 people who
rent out their property to others. The rest of us living on these properties as
families. Cars have increased to approximately 3 per household and no one
wants to contribute to road maintenance. It has discouraged potential
buyers. We have come to a point where the town needs to take over the road.
Eric Nelson of 16 Lakeside Road had some brief comments. His parents
bought 16 Lakeside Drive in 1944 and it was his mothers home until a year
ago. All of the owners have maintained the roads. It was strictly voluntary.
They had the road paved for the first time for a one time assessment around
15 years ago. Its now in need of repaving and that's the reason most of us
are here tonight. We have considered and discussed alternatives during the
past year and settled on an option which was suggested and submitted by
petition form last September. This option involved the Town bonding and
contracting for improvement and maintenance, with the bond retirement and
maintenance being paid for to increase taxes on all the abutters. There are
14 owners of the 20 properties. In addition the title to the road is supposed to
remain in the hands of the property owners. Those are the conditions of the
petition that was submitted. There were three reason to selecting this
option. Some of the owners are very positive that three of the current
abutters are not paying the voluntary $50 a year maintenance, and probably
would not contribute to the need of repaving. This argues for making
12/22/2003.PH
maintenance impossible. The cost to repave the road is considerably higher
than it was 15 years ago. They have estimates and bids in hand from
$41,000 to $127,000 and some of the owners believe paying off the repaving
Bond with taxes is preferable to direct assessment even though the cost is
considerably higher. The third reason for selecting the option they selected,
Lakeside Road is about 4 miles long and currently a dead end road. It has
little traffic except for owners and tenants. The number of the homes and
structures are situated in relation to the 12 foot wide paving. A large part of
the front yards and structures such as garages and wells are on the right of
way. This summer we considered turning the right of way over to the town
as one of the options and that option was rejected partly because of the
impact of these owners. There were other concerns as well, such as the
possibility of the town converting the road to a thru road. One of the other
options considered was to upgrade, repave and maintain the road as in the
past. He is in favor of that. He is strongly against turning the road over to
the town, paying off a town bond through taxes and sees no improvement to
be gained from town maintenance. The cost of dividing repaving $41,000 or
$127,000 can be financed by the owners at much less cost than retiring a
bond on the order of $500,000 even if the interest on that bond was very low.
He currently pays $1,600 in taxes and that would more than double over the
period of 15 years to pay off the bond and would be total of $26,000 additional
taxes over that 15 year period. The cost to repave and maintain ourselves
would be less than half that amount. The Town Board is required to do what
is best for the town, and if that dictates making Lakeside Drive a thru access
to Woodhill Green Condo, or directed to Route 9 or significantly widening the
road, they should do that if it would benefit the town. He would like the
Cedar Knolls improvement association maintain control over the right of way
and its maintenance. He thinks this would be wasteful and detrimental to
the owners to continue with a town initiated process of taking Lakeside
Drive, but if the commissioners vote to do that he respectfully asks that a
referendum be accomplished before a final decision to proceed is made. Ray
Menconeri of 24 Lakeside Drive in Cedar Knolls Subdivision was mainly
concerned if the town went forward with the project there would be a problem
with the wells and septic tanks. If the road was put in he would not want to
see it done and not have lines for water and sewer installed at this time. Mr.
Paggi answered that the figures he gave out tonight were for road
construction only, and did not include placing drives, sewer and or dry water
lines under the newly paved way. That would be an additional cost. Mrs.
Danko owner of 21 Lakeside Drive was concerned that the owners who have
3
12/22/2003.PH
structures on the right of way will definitely be adversely affected by the
widening of the road and in a very unfair way. If we are not going to look
ahead to consider water and sewer then breaking up that road and taking out
a half million dollar bond is foolish. Supervisor Ruggiero reiterated, that
this was not a Town Board initiated project. This was brought to us by the
residents with a petition. Because of the legalities of what the petition
suggested, we took action at the last meeting to call for this meeting as part
of the legal procedure to go forward to perform the study. We plan on having
a referendum on this because the voters, residents and taxpayers of this
small street have to pay for this. If it passes we will go forward, and if it is
defeated, it will stop. It is strictly up to the 21 parcels to decide this. Mr.
Paggi said if it is the intent to go to a referendum the board can't authorize
him to perform the detailed study until the results of the referendum come in.
Mr. Roberts explained that a referendum would authorize a study to go
forward. Ann Marie Sweetland said her only concern is that many of the
residents were anticipating some kind of study. Supervisor Ruggiero said
some minor engineering work can be done to educate these residents in
making this decision. The next step would be a detailed survey and the
design of the roadway. Mr. Roberts explained the statute is designed to a
desk top review of an area that's in need of a road improvement and then
turn it over to the Engineer to come up with detailed drawings and
specifications so that the residents can make an informed decision. There is
a lot of work to be done. Mr. Roberts drove on the road several weeks ago,
and from an Attorneys point of view there is a lot of technical work to be done
aside from technical the Engineer must do. It would appear to him that we
have to propose a top side figure of $565,000 or what ever the number is and
then have the Engineer do all the work that is going to be necessary to give
you the informed decision. Right now this comes out of the General Town
Budget as opposed to the property owners that would benefit. Just doing a
survey or topol does not solve all the issues. The road would have to be
dedicated to the town. Also if the road is going to be less than 50 feet we
have to get a waiver from the commissioner of transportation. If the road is
going to be less than town standards, Mr. Paggi is going to have to develop a
new protocol for this type of a road
There were no further questions or comments.
Supervisor Ruggiero moved to adjourn this Public Hearing to Time and Date
Certain, January 26, 2004, seconded by Councilman Paoloni and
unanimously carried..
The Public Hearing adjourned at 8:40 p.m.
►I
12/22/2003.PH
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 8th day of -December, 2003, I caused to be posted on the official signboard
maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of Public
Hearing, which Notice is part of a resolution and order duly adopted by the Town Board on the 24th
day of November, 2003.
A true and correct copy of such Notice is attached hereto and made a part hereof.
e
4qTown Clerk
Subscribed and sworn to before me
this day ofkezr-.Ai; 2003.
Notary Public
ROBIN D. SECOR
Notary Public, State of New York
Residing in Duchess County
Registration # 01SEM302
pay Commission Expkes April 17,20
CONSTRUCTION & IMPROVEMENT OF LAKESIDE DRIVE
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 81h day of December, 2003, 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. 1.
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.
4�f-��
FLORENCE HANNON
Deputy Town Clerk
Sworn to bef ry me o this
day of �3
v
NOTARY PUB]
G(O ! 6 AI I 1 ."SE
y4761080
Umni. Expires Aug. 31, 1'7
1 IJ
-F
r
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the
Town Board of the Town of Wappinger,
6=Dutchess
County, New York has
adopted the following Resolution' and
Order Calling a Public Hearing for De -
c) f j\1 2
comber 22, 2003, with respect to the
construction and improvement of
Lakeside Drive in the Cedar Knolls Sub•
division in the Town of Wappinger,
f I'd IT
Dutchess County, New York, as follows:
RESOLUTION NO. 2003-277
020282-00346P
At a regular meeting of the Town Board
t I "I I
of the Town of Wappinger, Dutchess
County, New York, held at the Town Hall,
f
20 Middlebush Road, in Wappingers
Falls, New York, in said Town, on the
JI I
v v
24th day of November, 2003 at 7:30
V C1
f 1 1)PRESENT
1 f'i
O'clock P.M., Prevailing Time'
Joseph
Ruggiero, Supervisor
Robert VaIdati, Councilman
Vincent Bettina, Councilman
Christopher Colsey, Councilman
-D I I t I t.
Joseph Paoloni, Councilman
ORDER CALLING PUBLIC HEARING
......................................... X
In the Matter
•
Of
the Construction and Improvement of
Lakeside Drive in the Cedar Knolls
Subdivision in the Town otWappinger,
Dutchess County, New York
......... .... .. .. .. ....... _X
Councilman Bettina offered the follow -
Ing resolution and moved its adoption:
WHEREAS, an infOrmalPetRionot land-
owners abutting Lakeside Drive in the
Cedar Knolls Subdivision has been pre-
pared with reference to Section 200 of
the Town Law has heretofore been sub.
ALBERT M- O$Teh
mitted to the Town Board of the Town of
Wappinger, Dutchess County, New
NOTARY PUBLIC, STAVE OF NEW YORK
York, relative to the construction and
improvement of a certain private road in
QUALIFIED IN 91ITCHESS COUNTY
said Town known as Lake View Drive;
4 14-82407J
COMMISSION EXPIRES ON 15,2007
and
WHEREAS, the improvements pro.
posed by said plan and report and re -
quested by said petition consist of the
widening and Pavement of the existing
road into an 18 toot -wide road for the
entire length of Lakeside Drive, having a
total length of approximately I ' 555 lin-
ear feet, and incidental improvements
and expenses in connection therewith;
and
WHEREAS, the maximum amount pro.
Posed to be expended for such improve.
ments, including the cost of the neces.
sary acquisition by the Town of right -61 -
way or other real property interest, in-
cidental thereto, is estimated to be
$535,000 to be financed by the issuance
of obligations pursuant to the Local Fi-
nance Law over a period not exceeding
fifteen years; and
WHEREAS, the aforesaid project has
been determined to be an Unlisted Ac.
tion pursuant to the regulations of the
Now York State Department of Environ.
mental Conservation Promulgated pur-
suant to the State Environmental Qual-
ity Review Act, the implementation of
which as Proposed, the Town Board has
determined will not result in any signifi-
cant environmental effects.
WHEREAS, such cost shall be entirely
borne, in the first instance, by assess-
ments upon the properties benefited
thereby; and
WHEREAS, the area benefited by Such
improvement shall be the real property
fronting or abutting the portions of such
street to be improved, as heretofore
described and as more fully set forth in
Appendix A attached hereto and hereby
made a part hereof; and
WHEREAS, it is now desired to call a
public hearing to consider the question
of undertaking the aforesaid paving and
Improvements Pursuant to Section 200
of the Town Law; NOW, THEREFORE,
BE IT
RESOLVED AND ORDERED, by the
Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
.Section I A meeting of the Town Board
of the Town of Wappinger, Dutchess
County, New York shall be held at the
Town Hall, in Wappinger Falls, New
York in said Town, on the 22nd day of
December, 2003, at 7:30 O'clock P M.,
Prevailing Time, for the Purpose of con-
ducting a public hearing to consider
matters described in the preambles
hereof and tohear all Persons interested
in the subject thereof concerning the
same.
aQQaQGZ' Tho T(5vVn Clark 104reby
authorized and directed to cause a copy
of this Order to be Published once in
Poughkeepsie Journal and Southern
Dutchess News, the newspapers N
hereby designated as the off icial E
papers of said Town for this purpo senews- (
and
Posted in the manner provided by law.
�EiQction,q This Resolution and Order
shall take affect Immediately,
SECONDED BY: Councilman Paolon!
The question of the adoption of the fore.
going Resolution and Order was duly
Put to a vote on roll call, which resulted
as follows:
'Poughkeepsie Journal
[a
M.
Action pursuant to the regu-
lations of the New York State
Department of Environmen-
tal Conservation promulgat-
ed pursuant to the State
Environmental Quality Re-
view Act, the implementa-
tion of which as proposed,
the Town Board has deter-
mined will not result in any
significant environmental ef-
fects.
WHEREAS, such cost
shall be entirely borne, in
the first instance, by assess-
ments upon the properties
benefited thereby; and
WHEREAS, the area bene-
fited by such improvement
shall be the real property
NOTICE OF fronting or abutting the
PUBLIC HEARING portions of such street to be
NOTICE IS HEREBY GIV- improved, as heretofore de -
EN that the Town Board of scribed and as r attalhce t
the Town of Wappinger, forth in Appendix
Dutchess County, New hereto and hereby made a
York, has adopted the fol- part hereof; and
lowing Resolution and Order WHEREAS, it is now de -
Calling a Public Hearing for sired to call a public hearing
December 22, 2003, with to consider the question of
respect to the construction index akiand the stoments
and in riv i ant of Lake- pursuant to Section 200 of
side Drive m the Cedar P NOW,
Knolls Subdivision in the the Town Law;
Town of WaPNeweY Dutch T RESOFLOVED REIT
OR-
ess County, DEFIED, by the Town Board
5 follows: NO. of the Town of Wappinger,
RESOLUTION
2003-277 Dutchess County, New
020262-00346P York, as follows:
At a regular meeting of the Section 1. A meeting of
LI Town Board of the Town of the Town Board of the Town
Dutchess
Wappinger, Dutchess Coun- of WapP g shall be
ty, New york, held at the County, New York,
I Town Hall, 20 Middlebush held athe Town Falls alNew
Road, in Wappinger Falls, Wapping,on the
New York, in said Town, in Yorkd i said
day oto December,
Q the 24th day of November,
2003, at 7:30 o'clock P.M., 2003,ilinn 7:TimelOtorP 'the
Prevailing Time. Prevag
o PRESENT: purpose of condu , a
JOSEPH RUGGIERO Super-
visor public hearing to consider
the matters described In the I
02911 ROBERT VALDATI Council- preambles hereof and to
hear all persons interested
man
I VINCENT BETTINA Council- erning thea samereof con- I,I
man
• Section 2. The Town Clerk !,
CHRISTOPHER COLSEY is hereby authorized and
Councilman
dn1e�fdPo cause a copy of
JOSEPH PAOLONI Council-
man
eepsie, N.Y.
F PUBLICATION
State of New York
County of Dutchess
City of Poughkeepsie
Rita Lombardi
, of the City of Poughkeepsie,
Dutchess County, New York, being duly sworn, says that at
the several times hereinafter mentioned she was and still is
the Principal Clerk of the Poughkeepsie Newspapers Division
of Gannett Satellite Information Network, Inc., publisher of
the POUGHKEEPSIE JOURNAL, a newspaper printed and
published every day in the year in the city of
Poughkeepsie, Dutchess County, New York, and that the
annexed NOTICE was duly published in the said newspaper
fo°r e in Herts s�iccessively, in each week, commencing
on the 10th. day of
Dec.
2003 and
thereafter, namely on:
And ending on
on the following dates
day of
2 03 both days inclusive.
Subscribed,�rrd,sworn to before me this
day of 2003
2003
'100cz/Ar1444
Notary frf'ic
My commission expires
duly adopted.
WHEREAS, the improve-
APENDIX A
merits proposed by said
Area Benefitted
plan and report and request-
All of the parcels fronting
ed by said petition consist of
Lakeside Drive as shown on
the widening and payment
Town of Wappinger Tax
I the existing road into an
Map. 6158-02 except for the
18 foot -wide road for the
parcel identified as 1 Hill
entirelength of Lakeside
Green Condominium parcel.
Drive, having a total length
Tax Map I.D. Nos.
of approximately 1,555 lin-
6158-02-659614
ear deet, and incidental
6158-02-676615
improvements and expens-
6158-02-602593
es in connection therewith;
6158-02-595583
and
6158-02-637649
WHEREAS, the maximum
6158.02-673660
amount proposed to be
6158-02.652621
expended for such improve-
6158-02-642627
ments, including the cost of
6158-02.630620
the necessary acquisition by
6158-02-629646
the Town of right-of-way or
6158-02-623642
- other real property interests
6158-02-619614
incidental thereto, is estimat-
6158-02-615637
ed to be $535,000 to be
6158-02-608633
financed by the issuance of
6158-02-612600
obligations pursuant to the
6158-02.600628
Local Finance Law over a
6158-02-593623
period not exceeding fifteen
6158-02-587617
years; and
6158.02-578612
WHEREAS, the aforesaid
6158-02-569607
project has been deter-
6158-02-562600
ed to be an Unlisted
4047
M.
Action pursuant to the regu-
lations of the New York State
Department of Environmen-
tal Conservation promulgat-
ed pursuant to the State
Environmental Quality Re-
view Act, the implementa-
tion of which as proposed,
the Town Board has deter-
mined will not result in any
significant environmental ef-
fects.
WHEREAS, such cost
shall be entirely borne, in
the first instance, by assess-
ments upon the properties
benefited thereby; and
WHEREAS, the area bene-
fited by such improvement
shall be the real property
NOTICE OF fronting or abutting the
PUBLIC HEARING portions of such street to be
NOTICE IS HEREBY GIV- improved, as heretofore de -
EN that the Town Board of scribed and as r attalhce t
the Town of Wappinger, forth in Appendix
Dutchess County, New hereto and hereby made a
York, has adopted the fol- part hereof; and
lowing Resolution and Order WHEREAS, it is now de -
Calling a Public Hearing for sired to call a public hearing
December 22, 2003, with to consider the question of
respect to the construction index akiand the stoments
and in riv i ant of Lake- pursuant to Section 200 of
side Drive m the Cedar P NOW,
Knolls Subdivision in the the Town Law;
Town of WaPNeweY Dutch T RESOFLOVED REIT
OR-
ess County, DEFIED, by the Town Board
5 follows: NO. of the Town of Wappinger,
RESOLUTION
2003-277 Dutchess County, New
020262-00346P York, as follows:
At a regular meeting of the Section 1. A meeting of
LI Town Board of the Town of the Town Board of the Town
Dutchess
Wappinger, Dutchess Coun- of WapP g shall be
ty, New york, held at the County, New York,
I Town Hall, 20 Middlebush held athe Town Falls alNew
Road, in Wappinger Falls, Wapping,on the
New York, in said Town, in Yorkd i said
day oto December,
Q the 24th day of November,
2003, at 7:30 o'clock P.M., 2003,ilinn 7:TimelOtorP 'the
Prevailing Time. Prevag
o PRESENT: purpose of condu , a
JOSEPH RUGGIERO Super-
visor public hearing to consider
the matters described In the I
02911 ROBERT VALDATI Council- preambles hereof and to
hear all persons interested
man
I VINCENT BETTINA Council- erning thea samereof con- I,I
man
• Section 2. The Town Clerk !,
CHRISTOPHER COLSEY is hereby authorized and
Councilman
dn1e�fdPo cause a copy of
JOSEPH PAOLONI Council-
man
eepsie, N.Y.
F PUBLICATION
State of New York
County of Dutchess
City of Poughkeepsie
Rita Lombardi
, of the City of Poughkeepsie,
Dutchess County, New York, being duly sworn, says that at
the several times hereinafter mentioned she was and still is
the Principal Clerk of the Poughkeepsie Newspapers Division
of Gannett Satellite Information Network, Inc., publisher of
the POUGHKEEPSIE JOURNAL, a newspaper printed and
published every day in the year in the city of
Poughkeepsie, Dutchess County, New York, and that the
annexed NOTICE was duly published in the said newspaper
fo°r e in Herts s�iccessively, in each week, commencing
on the 10th. day of
Dec.
2003 and
thereafter, namely on:
And ending on
on the following dates
day of
2 03 both days inclusive.
Subscribed,�rrd,sworn to before me this
day of 2003
2003
'100cz/Ar1444
Notary frf'ic
My commission expires