Loading...
2003-11-10 RGMMonday, November 10, 2003 7:30 pm Wappinger town Hall AGENDA Call to Order Roll Call, Salute to Flag Suspension of Rules for Public Comment on Agenda Items Discussion: • Cablevision Memorandum of Understanding Resolutions: 2003-260 Resolution Authorizing Change Order #2 for 99-211 Contract 6 2003-261 Resolution Authorizing Payment for Summer Recreation Transportation 2003-262 Resolution Authorizing Change Order #2 for 99-2R Contract 5- 2003-263 Resolution Authorizing Scott Escrow Refund 2003-264 Resolution calling Public Hearing for Establishment of Proposed Water District to be known as Meadowood Water District 2003-265 Resolution Authorizing Final Order Establishing Extension 1 of the Wappinger Park Water District 2003-266 Resolution Authorizing Public Interest Order Determining the Increase and Improvement of the Facilities for the Wappinger Park Water District 2003-267 Bond Resolution Authorizing Issuance of $780,000 Serial Bonds 2003-268 Resolution Authorizing Legal Notice to be Published in Southern Dutchess News & Poughkeepsie Journal 2003-269 Resolution Authorizing Change for Meadowood Wells New Business/Comments Executive Session: • Wildwood Open Space Adjournment 11/10/2003.WS The Workshop Meeting of the Town of Wappinger was held on November 10, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Colsey moved to suspend the rules for purposes of public comment on agenda items seconded by Councilman Valdati and unanimously carried. DISCUSSIONS: • Cablevision Memorandum of Understanding Attorney to the Town, Al Roberts explained that the Cablevision franchise renewal is coming up and Cablevision has been most insistent on the town renewing the franchise agreement. Simultaneously with that there has been a promotion by Assemblyman Joel Miller to reinstate News Channel 6. This would require all the local municipalities to participate in authorizing a $.58 per month charge to each subscriber. The Memorandum of Understanding would authorize Cablevision to go forward and charge this extra $.58 per month per subscriber and at the same time there is a Notice of Intent that the Town would also execute the extension of the franchise agreement which is a ten year contract. Supervisor Ruggiero said the way the Memorandum of Understanding is drafted, it would require unanimous consent of all the municipalities to execute the Memorandum of Understanding. Once the news is up and running with the commercial advertisements that are sold it is expected, according to Cablevision Officials, to have a reduction of approximately 25% in the second year, so the $.58 would go down and eventually faze out. We will get public input once the board decides to go forward and hold a Public Hearing. Then we will render a decision. RESOLUTION NO. 2003-260 1 11/10/2003.WS RESOLUTION AUTHORIZING COMPLETION CHANGE ORDER NO.2 FOR 99-2R CONTRACT NO.6 The following resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni. WHEREAS, the Engineers to the Town, Paggi, Martin & DelBene have approved Completion Change Order No. 2 for Wappinger Water Improvement Area 1999-2R as per a letter dated October 15, 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.2 dated November 5, 2003 to Wappinger Water Improvement Area -1999-2R, Contract No. 6 between the town and Grant Street Construction in the amount of Eight Thousand, Five Hundred and 00/100 ($8,500.00) for the reasons set forth in the letter dated November 5, 2003 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 L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-261 RESOLUTION TO AUTHORIZE THE PAYMENT OF THE RECREATION SUMMER TRANSPORTATION BILL The following resolution was introduced by Councilman Paoloni and seconded by Councilman Valdati. WHEREAS, the Recreation Committee has requested permission to pay the Wappinger Central School District for the summer bus transportation provided to the Town of Wappinger, and WHEREAS, the cost of the summer transportation totals Seven thousand, Three Hundred, Twenty Three and 92/100 Dollars ($7,323.92). 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 Seven Thousand, Three Hundred Twenty -Three and 92/100 Dollars 2 11/10/2003.WS ($7,323.92) payable to the Wappinger Central School District, in accordance with a letter dated November 3, 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 L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman Voting Voting Absent Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-262 RESOLUTION AUTHORIZING CHANGE ORDER NO. 29 FOR WAPPINGER WATER IMPROVEMENT AREA 1999-2(R), CONTRACT NO.5 The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, the Engineers to the Town, Paggi, Martin & Del Bene, have approved Change Order No. 2 to Contract No. 5 for Wappinger Water Improvement Area 1999-2(R) for removal of significant amounts of unanticipated rock from the pipe trench and the installation of an additional 15± feet of pipe, fittings and appurtenances as per letter dated October 28, 2003. 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 Change Order No. 2 dated October 28, 2003 to Wappinger Water Improvement Area 1999-2(R), Contract No. 5 between the Town of Wappinger and Schipp Construction Co., Inc. in the amount of Twenty Eight Thousand and Seventy Seven Dollars and Fourteen Cents ($28,077.14) for the reasons set forth in the letter dated October 28, 2003 from Paggi, Martin & Del Bene, LLP with costs identified in an invoice submitted by Schipp Construction Co., Inc. dated October 23, 2003 to Paggi, Martin & Del Bene, LLP, copies of which are collectively annexed hereto as Exhibit "A". The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye 3 11/10/2003.WS The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-263 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 6 WILDWOOD DRIVE The following Resolution was introduced by Councilman Valdati an seconded by Councilman Colsey. WHEREAS, on or about April 17, 2003, Theresa Scott deposited Two Thousand, Five Hundred Dollar ($2,500) with the Town of Wappinger in escrow for seeding for 6 Wildwood Drive; and WHEREAS, Theresa Scott has requested an escrow refund in the amount of One Thousand, Five Hundred Dollars and 00/100 ($1,500), and has been recommended by Karl Seebruch, Building Inspector to the Town of Wappinger, in his letter dated September 19, 2003 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, five Hundred Dollars and 00/100 ($1,500) made payable to Theresa Scott, Account Number 02-740, for the refund of the unused escrow funds deposited for 6 Wildwood Drive. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-264 RESOLUTION CALLING PUBLIC HEARING FOR THE ESTABLISHMENT OF PROPOSED WATER DISTRICT TO BE KNOW AS THE MEADOWOOD WATER DISTRICT The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati. WHEREAS, a map, plan and report, including an estimate of cost have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of a proposed Water District in the 4 11/10/2003.WS Town of Wappinger, Dutchess County, New York, to be known as the Meadowood Water District (the "Water District"); and WHEREAS, said map, plan and report dated June 24, 2002, as amended August 11, 2003, were prepared by Paggi, Martin & DelBene, LLP, competent engineers duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof; and WHEREAS, the properties to be included within the Water District consist of approximately forty-one single family residential lots located at the southwestern intersection of Old Hopewell Road (Dutchess County Route 28) and All Angels Hill Road (Dutchess County Route 94), as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the source of water supply for the Water District will be the Wappinger Water Improvement Area 99-2(R) to which the facilities of the Water District will connect; and WHEREAS, there are no improvements proposed for, and no capital cost to, the Water District as the developer of the Meadowood area shall be responsible for the installation of all water mains and appurtenances at its expense; and WHEREAS, there are no hook-up fees proposed to the typical property in the Water District; and WHEREAS, the estimated cost of the Water District to the typical property (single family home) therein for such capital cost is zero, and the cost to the typical property therein for operation and maintenance is estimated to be $262 in the first year in which operation and maintenance and other charges and expenses are to be paid, which includes an annual cost of approximately $130 to be paid to Wappinger Water Improvement Area 99-2(R) for debt reduction; and WHEREAS, a detailed explanation of the manner by which were computed said estimated first-year costs to the typical property in the Water District is contained within the aforesaid map, plan and report which has been filed in the office of the Town Clerk where the same are available during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, the establishment of the Water District has been determined to be a "type 2 action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, will not result in any significant environmental effects; and 5 11/10/2003.WS WHEREAS, it is now desired to call a public hearing upon the question of the Voting establishment of the Meadowood Water District pursuant to Section 209-d of ROBERT L. VALDATI, Councilman the Town Law; Aye NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Voting Wappinger, Dutchess County, New York, as follows: JOSEPH P. PAOLONI, Councilman Section 1. A meeting of the Town Board of the Town of Wappinger, Aye Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Voting Road, in Wappingers Falls, New York, in said Town, on the 8th day of December, 2003, at 7:30 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of the Meadowood Water District as described in the preambles hereof and to consider the map, plan and report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the Southern Dutchess News and Poughkeepsie Journal the official newspaper of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to each owner of taxable real property within The Water District, as shown upon the latest completed assessment role of the Town, each not less than ten nor more than twenty days before the day set for the hearing as aforesaid. Section 3. This order shall take effect immediately. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-265 RESOLUTION AUTHORIZING FINAL ORDER ESTABLISHING EXTENSION 1 OF THE WAPPINGER PARK WATER DISTRICT The following Resolution was offered by Councilman Valdati and seconded by Councilman Colsey. C. 11/10/2003.WS WHEREAS, a map, plan and report, including an estimate of cost have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of a proposed extension to the Wappinger Park Water District of the Town of Wappinger, Dutchess County, New York, to be known as Extension No. 1 to the Wappinger Park Water District (hereafter "Extension No. 1"; and WHEREAS, said map, plan and report dated November 8, 2001, as amended March 24, 2003 and July 30, 2003, were prepared by Paggi, Martin & DelBene, LLP, competent engineers duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof; and WHEREAS, Extension No. 1 shall include commercial properties located along the proposed new water main (described two paragraphs below) and shall be bounded and described as set forth in Appendix A attached hereto and made a part hereof; and WHEREAS, the improvements proposed specifically for Extension No. 1 consist of service connections for each commercial property in Extension No. 1 from the proposed new water main (described in the paragraph below), including corporation valves piping and individual curb valves and boxes; and WHEREAS, the improvements proposed specifically for Extension No. 1 will be constructed in conjunction with an overall plan to increase and improve the facilities of the Wappinger Park Water District, as extended, including Extension No. 1, such improvements being the provision of new water service for the Wappinger Park Water District, as extended, including Extension No. 1, through the connection of the Wappinger Park Water District's water system to the water system of Wappinger Water Improvement Area 1999-2(R), by the construction of a new water main and the abandonment of portions of the existing Wappinger Park Water District's water system; and WHEREAS, the maximum amount proposed to be expended for the aforesaid improvements specifically for Extension No. 1 is $55,850; and WHEREAS, the maximum amount proposed to be expended for the aforesaid overall improvements to increase and improve the facilities of the Wappinger Park Water District, as extended, is $724,150 ($622,000 after aid). Taxable properties within Extension No. 1 shall be charged a proportionate amount of such cost on a benefit basis; and WHEREAS, the proposed method of financing such cost of said improvement to be allocated and charged to Extension No. 1 is by the issuance of serial bonds of 7 11/10/2003.WS said Town maturing in annual installments over a period not exceeding forty years, which will be payable in the first instance from the annual apportionment and assessment on the taxable real property in Extension No. 1 which the Town Board shall determine to be especially benefited by the improvements, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes therefore; and WHEREAS, both the improvements specifically for Extension No. 1 and the improvements for the Wappinger Park Water District, as extended, have been determined to be a Type II Action pursuant to the regulations promulgated pursuant to the regulations promulgated pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined that no environmental review is required; WHEREAS, there will be no hook-up fees to properties in Extension No. 1; and WHEREAS, the, estimated annual capital cost for the improvements proposed specifically for Extension No. 1, based upon the proposed twenty year debt amortization, is $63 per benefit unit for each property to be included in Extension No. 1. The number of benefit units for each property in Extension No. 1 is shown on Table C to the aforesaid map, plan and report. The estimated annual capital cost for the improvements proposed for Wappinger Park Water District, as extended, for the aforesaid overall improvements to increase and improve the facilities of Wappinger Park Water District, as extended, based upon the proposed twenty year debt amortization, is $318 per benefit unit. The estimated annual cost of operation and maintenance of such proposed improvements is $132 per benefit unit for a typical user in the existing Wappinger Park Water District. Commercial users in the extended district (service area) will pay annual O&M costs, to be determined by the Town Board, based on actual metered flow. Each annual cost is calculated for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid. There are no residential or "typical properties" in Extension No. 1; and WHEREAS, a detailed explanation of the manner by which were computed said estimated first-year costs has been included in such map, plan and report which has been filed in the Office of the Town Clerk, where the same are available during regular office hours for examination by any person interested in the subject matter thereof; and WHEREAS, an order was duly adopted by said Town Board on September 8, 2003, reciting a description of the boundaries of the proposed Extension No. 1, the improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that said map, plan and report were on file in the 11/10/2003.WS Town Clerk's office for public inspection and specifying the 14th day of October, 2003, at 7:30 o'clock P.M., Prevailing Time, and the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No. 1 and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 209-d of the Town Law, and proof of publication and posting has been duly presented to said Town Board; WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, following said public hearing, and based upon the evidence given thereat, said Town Board on October 14, 2003, duly adopted a resolution determining in the affirmative all of the questions set forth in subdivision 1 of Section 209-e of the Town Law and approving the establishment of said Extension No. 1 to the Wappinger Park Water District, such resolution being adopted subject to permissive referendum; and WHEREAS, notice of the adoption of said resolution was duly published and posted in the manner provided by applicable provisions of the Town Law, and proof of said publication and posting has been duly presented to this Town Board and no petition for a referendum has been filed in a timely manner; and WHEREAS, based upon the fact that the average estimated cost to the typical property in said Extension No. 1 is less then the average estimated cost to typical properties as have currently been computed by the State Comptroller, the consent of the State Comptroller is not required for the establishment of Extension No. 1; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Extension No. 1 to the Wappinger Park Water District, in the Town of Wappinger, Dutchess County, New York, is hereby established, to be bounded and described as set forth in Appendix A attached hereto and made a part hereof. Section 2. The establishment of Extension No. 1 to the Wappinger Park Water District in the Town of Wappinger, Dutchess County, New York, and the improvements therein, as more fully described above and in the aforesaid map, plan and report, are hereby approved and Extension No. 1 to the Wappinger Park Water District is hereby established. 9 11/10/2003.WS Section 3. The Town Clerk is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the office of the Clerk of Dutchess County, New York, within ten days after the adoption of this order by this Town Board, and to file a certified copy thereof within that time in the office of the State Department of Audit and Control, in Albany, New York, both pursuant to subdivision 1 of Section 209-g of the Town Law. Section 4. This order shall take effect immediately. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-266 RESOLUTION AUTHORIZING PUBLIC INTEREST ORDER DETERMINING THE INCREASE AND IMPROVEMENT OF THE FACILITIES FOR THE WAPPINGER PARK WATER DISTRICT The following resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has duly caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Wappinger Park Water District in the Town of Wappinger, Dutchess County, New York, as extended by the creation of Extension No. 1 thereto, consisting of the provision of a new water supply service, to include the purchase and installation of approximately 2,700 linear feet of eight inch diameter ductile iron pipe, constructed through a private easement from Route 9 to Old Route 9 and thence in a southerly direction along Old Route 9 to Old Hopewell Road and then over Old Hopewell Road and connecting to the existing Wappinger District Water Park system, construction of various "tie-ins", installation of pressure valves at appropriate locations, purchase and installation of water service connections, purchase of water meters and the abandonment of a portion of the existing Wappinger Park Water District system, together with incidental improvements and expenses in connection therewith, at a maximum estimated cost of $724,150, of which amount it is anticipated a $102,150 Community Development Block Grant will be received to pay costs, resulting in an anticipated local cost of $622,000; 10 11/10/2003.WS WHEREAS, at a meeting of said Town Board duly called and held on September 8, 2003, an order was duly adopted by it and entered in the minutes specifying that said Board would meet to consider the increase and improvement of the facilities of the Wappinger Park Water District in said Town, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town on the 14th day of October, 2003 at 7:30 o'clock P.M., Prevailing Time; and WHEREAS, said order duly certified by the Town Clerk was duly published and posted as required by law, to -wit: a duly certified copy thereof was published in the official newspaper of this Town on October 1, 2003, and a copy of such order was posted on October 1, 2003, on the signboard maintained by the Town Clerk of the Town of Wappinger, pursuant to Section 30, subdivision 6 of the Town Law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is herby found and determined that it is in the public interest to increase and improve the facilities of the Wappinger Park Water District in the Town of Wappinger, Dutchess County, New York, consisting of the provision of a new water supply service, to include the purchase and installation of approximately 2,700 linear feet of eight inch diameter ductile iron pipe, constructed through a private easement from Route 9 to Old Route 9 an thence in a southerly direction along Old route 9 to Old Hopewell Road and over Old Hopewell Road and connecting to the existing Wappinger District Water Park system, construction of various "tie-ins", installation of pressure valves at appropriate locations, purchase and installation of water service connections, purchase of water meters and the abandonment of a portion of the existing Wappinger Park Water District system, together with incidental improvements and expenses in connection therewith, at a maximum estimated cost of $724,150, of which amount it is anticipated a $102,150 Community Development Block Grant will be received to pay costs, resulting in an anticipated local cost of $622,000. Section 2. This order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye 11 11/10/2003.WS VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-267 BOND RESOLUTION AUTHORIZING ISSUANCE OF $780,000 SERIAL BONDS The following Resolution was offered by Councilman Colsey and seconded by Councilman Valdati . BOND RESOLUTION DATED NOVEMBER 10, 2003. A RESOLUTION AUTHORIZING THE ISSUANCE OF $780,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE CONSTRUCTION OF IMPROVEMENTS FOR EXTENSION NO. 1 TO THE WAPPINGER PARK WATER DISTRICT OF SAID TOWN AND THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE WAPPINGER PARK WATER DISTRICT, AS EXTENDED. WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-A of the Town Law, and more particularly a Final Order dated November 10, 2003, the Town Board of the Town of Wappinger, Dutchess County, New York, has established Extension No. 1 to the Wappinger Park Water District of the Town of Wappinger and approved the construction of improvements therefore; and WHEREAS, the improvements proposed for said Extension 1 to the Wappinger Park Water District shall consist of service connections proposed for each commercial property in Extension No. 1 from the proposed new water main, as described below, including corporation valves piping and individual curb valves and boxes, as more fully described in the aforesaid Final Order establishing said Extension No. 1 to the Wappinger Park Water District; and WHEREAS, the maximum amount proposed to be expended for said improvements specifically for said Extension No. 1 is $55,850; and WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an order dated November 10, 2003, the Town Board of the Town of Wappinger, Dutchess County, New York, has determined it to be in the public interest to increase and improve the facilities of the Wappinger Park Water District in said Town, including Extension No. 1; and WHEREAS, the improvements proposed for the increase and improvement of the facilities of the Wappinger Park Water District in the Town of Wappinger, Dutchess County, New York, including said Extension No. 1, shall consist of the 12 11/10/2003.WS provision of a new water supply service, to include the purchase and installation of approximately 2,700 linear feet of eight inch diameter ductile iron pipe, constructed through a private easement from Route 9 to Old Route 9 and thence in a southerly direction along Old Route 9 to Old Hopewell Road and then over Old Hopewell Road and connecting to the existing Wappinger District Water Park system, construction of various "tie-ins", installation of pressure valves at appropriate locations, purchase and installation of water service connections, purchase of water meters and the abandonment of a portion of the existing Wappinger Park Water District system, together with incidental improvements and expenses in connection therewith; and WHEREAS, the maximum amount proposed to be expended for said increase and improvement of the facilities of the Wappinger Park Water District, including said Extension No. 1, is $724,150, of which amount it is anticipated a $102,150 Community Development Block Grant will be received; and WHEREAS, both the improvements specifically for Extension No. 1 and the improvements for the Wappinger Park Water District, as extended, have been determined to be a Type II Action pursuant to the regulations promulgated pursuant to the regulations promulgated pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined that no environmental review is required; WHEREAS, it is now desired to authorize the financing of each of said improvements; 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 objects or purposes of paying the cost of the construction of improvements in connection with the establishment of the Extension No. 1 to the Wappinger Park Water District and the construction of improvements in connection with the increase and improvement of the facilities of the Wappinger Park Water District, as extended, there are hereby authorized to be issued $780,000 serial bonds of the Town of Wappinger, Dutchess County, New York pursuant to the provisions of the Local Finance Law, of which amount $55,850 shall be allocated to such Extension No. 1 and of which amount $724,150 shall be allocated to the Wappinger Park Water District as extended, including Extension No. 1. Section 2. It is hereby determined that the maximum estimated cost of the aforedescribed improvements is $780,000 and that the plan for the financing thereof shall consist of the issuance of the $780,000 serial bonds of said Town to be issued pursuant to this bond resolution; provided, however, that the amount of obligations ultimately to be issued shall be reduced by the amount of the Community Development Block Grant referenced in the sixth preamble to this 13 11/10/2003.WS Bond Resolution, which monies shall be credited to the increase and improvement of the facilities of the Wappinger Park Water District. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of 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 bonds as the same respectively become due and payable. There shall be annually assessed upon and collected from the several lots and parcels of land within said Extension 1 to the Wappinger Park Water District in the manner provided by law, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. 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, including, but not limited to, the power to sell said serial bonds to the New York State Environmental Facilities Corporation, 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 14 11/10/2003.WS Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of 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. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The Supervisor is hereby further authorized, at his sole discretion, to execute a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond, and, or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 11. The intent of this resolution is to give the Supervisor sufficient authority to execute those applications, agreements, instruments or 15 11/10/2003.WS to do any similar acts necessary to effect the issuance of the aforesaid serial bonds and, or notes without resorting to further action of this Town Board. Section 12. 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 13. 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 14. This resolution, which takes effect immediately, shall be published in full in the Southern Dutchess News and Poughkeepsie Journal the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section81.00 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: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-268 RESOLUTION AUTHORIZING LEGAL NOTICE TO BE PUBLISHED IN SOUTHERN DUTCHESS NEWS AND POUGHKEEPSIE JOURNAL The following resolution was introduced by Councilman Valdati and seconded by Councilman Colsey. NOTICE IS HEREBY GIVEN that the resolution published herewith has been adopted by the Town Board of the Town of Wappinger, Dutchess County, New York, on November 10, 2003, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which said Town is not authorized to expend money, or if the provisions of law which should have been complied with 16 11/10/2003.WS as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. BOND RESOLUTION DATED NOVEMBER 10, 2003. A RESOLUTION AUTHORIZING THE ISSUANCE OF $780,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUN'T'Y, NEW YORK, TO PAY THE COST OF THE CONSTRUCTION OF IMPROVEMENTS FOR EXTENSION NO. 1 TO THE WAPPINGER PARK WATER DISTRICT OF SAID TOWN AND THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE WAPPINGER PARK WATER DISTRICT, AS EXTENDED. WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-A of the Town Law, and more particularly a Final Order dated November 10, 2003, the Town Board of the Town of Wappinger, Dutchess County, New York, has established Extension No. 1 to the Wappinger Park Water District of the Town of Wappinger and approved the construction of improvements therefore; and WHEREAS, the improvements proposed for said Extension 1 to the Wappinger Park Water District shall consist of service connections proposed for each commercial property in Extension No. 1 from the proposed new water main, as described below, including corporation valves piping and individual curb valves and boxes, as more fully described in the aforesaid Final Order establishing said Extension No. 1 to the Wappinger Park Water District; and WHEREAS, the maximum amount proposed to be expended for said improvements specifically for said Extension No. 1 is $55,850; and WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an order dated November 10, 2003, the Town Board of the Town of Wappinger, Dutchess County, New York, has determined it to be in the public interest to increase and improve the facilities of the Wappinger Park Water District in said Town, including Extension No. 1; and WHEREAS, the improvements proposed for the increase and improvement of the facilities of the Wappinger Park Water District in the Town of Wappinger, Dutchess County, New York, including said Extension No. 1, shall consist of the provision of a new water supply service, to include the purchase and installation of approximately 2,700 linear feet of eight inch diameter ductile iron pipe, constructed through a private easement from Route 9 to Old Route 9 and thence in a southerly direction along Old Route 9 to Old Hopewell Road and then over Old Hopewell Road and connecting to the existing Wappinger 17 11/10/2003.WS District Water Park system, construction of various "tie-ins", installation of pressure valves at appropriate locations, purchase and installation of water service connections, purchase of water meters and the abandonment of a portion of the existing Wappinger Park Water District system, together with incidental improvements and expenses in connection therewith; and WHEREAS, the maximum amount proposed to be expended for said increase and improvement of the facilities of the Wappinger Park Water District, including said Extension No. 1, is $724,150, of which amount it is anticipated a $102,150 Community Development Block Grant will be received; and WHEREAS, both the improvements specifically for Extension No. 1 and the improvements for the Wappinger Park Water District, as extended, have been determined to be a Type II Action pursuant to the regulations promulgated pursuant to the regulations promulgated pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined that no environmental review is required; WHEREAS, it is now desired to authorize the financing of each of said improvements; 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 objects or purposes of paying the cost of the construction of improvements in connection with the establishment of the Extension No. 1 to the Wappinger Park Water District and the construction of improvements in connection with the increase and improvement of the facilities of the Wappinger Park Water District, as extended, there are hereby authorized to be issued $780,000 serial bonds of the Town of Wappinger, Dutchess County, New York pursuant to the provisions of the Local Finance Law, of which amount $55,850 shall be allocated to such Extension No. 1 and of which amount $724,150 shall be allocated to the Wappinger Park Water District as extended, including Extension No. 1. Section 2. It is hereby determined that the maximum estimated cost of the aforedescribed improvements is $780,000 and that the plan for the financing thereof shall consist of the issuance of the $780,000 serial bonds of said Town to be issued pursuant to this bond resolution; provided, however, that the amount of obligations ultimately to be issued shall be reduced by the amount of the Community Development Block Grant referenced in the sixth preamble to this Bond Resolution, which monies shall be credited to the increase and improvement of the facilities of the Wappinger Park Water District. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is 11/10/2003.WS hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of 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 bonds as the same respectively become due and payable. There shall be annually assessed upon and collected from the several lots and parcels of land within said Extension 1 to the Wappinger Park Water District in the manner provided by law, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. 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, including, but not limited to, the power to sell said serial bonds to the New York State Environmental Facilities Corporation, 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, 19 11/10/2003.WS 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 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. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The Supervisor is hereby further authorized, at his sole discretion, to execute a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond, and, or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 11. The intent of this resolution is to give the Supervisor sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds and, or notes without resorting to further action of this Town Board. Section 12. 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, 20 11/10/2003.WS allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. 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 14. This resolution, which takes effect immediately, shall be published in full in the Southern Dutchess News and Poughkeepsie Journal the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section81.00 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: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-269 RESOLUTION AUTHORIZING CHANGE IN PLAN FOR MEADOW WELLS The following resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni. WHEREAS, by proceedings heretofore had and taken pursuant to the provisions of Article 12-C of the Town Law, and particularly a Public Interest Resolution dated October 23, 2000, and in accordance with an Order dated January 23, 2001 of the New York State Controller approving the establishment of Wappinger Water Improvement Area 1999-2(R), a water improvement area, known as Wappinger Water Improvement Area 1999- 2(R), has been established in the Town of Wappinger, Dutchess County, New York; and WHEREAS, the improvements proposed for Wappinger Water Improvement Area 1999-2(R) consist of the implementation of a cost-effective method of addressing source, supply and storage problems, and were proposed to include 21 11/10/2003.WS the construction of new wells with interconnecting facilities as part of such method of addressing existing source, supply and storage problems; and WHEREAS, such wells proposed to be constructed are commonly known as the Meadowood Wells and at the time at which Wappinger Water Improvement Area 1999-2(R) was established the Meadowood Wells consisted of a partially developed well field; and WHEREAS, in partial consideration for providing the improvements for Wappinger Water Improvement Area 1999-2(R), and providing potable water to certain property owned and proposed for residential development by the owner of the Meadowood Wells, such owner of the Meadowood Wells had proposed to transfer to the Wappinger Water Improvement Area 1999-2(R) such partially developed Meadowood Wells without cost for development by Wappinger Water Improvement Area 1999-2(R); and WHEREAS, the cost allocated to the development of the Meadowood Wells in the proceedings establishing Wappinger Water Improvement Area 1999-2(R) was $453,700; and WHEREAS, subsequent to the establishment of Wappinger Water Improvement Area 1999-2(R) it was discovered that, due to the influence of Sprout Creek, water from the Meadowood Wells is not potable absent filtration; and WHEREAS, subsequent to such discovery the Town's engineer was directed to explore possible solutions to such filtration issue and reported to the Town that the cost of the development and filtration of the Meadowood Wells was significantly in excess of the $453,750 allocated for the development of the Meadowood Wells; and WHEREAS, the filtration of the Meadowood Wells would require an amendment to the original map, plan and report and new proceedings to be had and taken therefore requiring an extended period of time and expenditure; and WHEREAS, the owner of the Meadowood Wells thereupon withdrew his offer to transfer the Meadowood Wells without cost to Wappinger Water Improvement Area 1999-2(R) and, to assure timely provision of potable water to the residential subdivision such owner had proposed, such owner offered (and stated that the same was the only manner in which the Meadowood Wells would be transferred), to complete the development of the Meadowood Wells and to provide a filtration system therefore and to sell the developed Meadowood Wells and the filtration system therefore to Wappinger Water Improvement Area 1999-2(R) for $450,000, an amount less than that originally proposed as the cost for the development of the Meadowood Wells; and AM 11/10/2003.WS WHEREAS, the owner of the Meadowood Wells and the Town of Wappinger have reached an agreement for the purchase and sale of the developed Meadowood Wells and for such filtration system, subject to proceedings being favorably completed by the Town Board with respect thereto; and WHEREAS, at a meeting of said Town Board duly called and held on August 18, 2003, an order was duly adopted by it and entered in the minutes specifying that said Board would meet to consider the change in plan for the construction of improvements for Wappinger Water Improvement Area 1999-2(R) in said Town, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 8th day of September, 2003, at 7:30 o'clock P.M., Prevailing Time; and WHEREAS, said order duly certified by the Town Clerk was duly published and posted as required by law, to -wit: a duly certified copy thereof was published in the official newspaper of this Town on August 22, 2003, and a copy of such order was posted on August 20, 2003, on the signboard maintained by the Town Clerk of the Town of Wappinger, pursuant to Section 30, subdivision 6 of the Town Law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to change the plan for the construction of improvements for Wappinger Water Improvement Area 1999-2(R) in the manner described in the preambles hereto. Section 2. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Absent JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS/CONEVIENTS Councilman Valdati announced that he had received a copy of the Resolution regarding the water craft for the Hughsonville Fire District. The Resolution seems to be what he had in mind.. He would like the members of the 23 11/10/2003.WS Hughsonville Fire District to be invited to the Board meeting when this Resolution is introduced on November 24th. Councilman Colsey wishes to introduce legislation on Wet Lands at the November 24th meeting. Councilman Paoloni in regard to a request for a traffic light for a right hand turn off Route 9 on to Myers Corners Road. Supervisor Ruggiero answered he would send a letter out. ill Councilman Paoloni in regard to Crosswalks on Pye Lane, Graham Foster, Highway Superintendent answered that he would get quotes for the November 24th meeting. A resident of Park Hill Drive looking for some kind of traffic control on Boxwood and Park Hill Drive. People are speeding, and pulling out in front of school buses. Discussion followed. Supervisor Ruggiero said he would get heavy traffic radar out there at the time school buses are in the area. There was also some discussion about erecting a Stop sign on Boxwood Close, and a Dead End sign for Boxwood Close. A resident from Robinson Lane that lives by the recreation area complaining about the lights that have been on all week. He has awoken at 5:00 in the morning and the lights are still on. Can something be done about this. There were also problems during the marathon. He has suggested port -a - potties and even agreed to have them put on his property. Supervisor Ruggiero explained that the lights were being tested and they will be going off by 11:00 p.m. At this time 8:10 p.m. Councilman Paoloni moved to go into Executive Session to Discuss Wildwood Open Space, seconded by Councilman Colsey and unanimously carried.. The meeting reconvened at 9:27 p.m. with all Board Members present except Councilman Bettina A discussion was held on Cablevision. There was no other business to come before the board. Councilman Colsey moved to close the meeting seconded by Councilman Valdati and unanimously carried. The meeting adjourned at 9:46 pm. Gloria J. Mr e Town Clerk 24