2003-10-14 RGMTuesday, October 14, 2003
7:30pm
Wappinger Town Hall
AGENDA
Call to Order
Roll Call, Salute to Flag
Suspension of Rules for Public Comment on Agenda Items
Public Hearing:
• Public Hearing Central Wappinger North Chelsea Substation
• Public Hearing Wappinger Park Water District Extension
• Public Hearing Wappinger Park Water District Improvements
Discussions:
• Cingular Cellular — Kyle MacCallum
Resolutions:
2003-243 Resolution Authorizing Five Star Escrow Refund
2003-245 Resolution Authorizing Special Use Permit for Central Hudson Substation
2003-246 Resolution Authorizing the Extension of the Wappinger Park Water
District
2003-248 Resolution Authorizing Budget Transfer
2003-249 Resolution Appointing Building Inspector
New Business/Comments
Executive Session
• Greystone Rental— Rich Swanson
Adjournment
10/14/2003.PH
A Public Hearing was held by the Town Board of the Town of Wappinger on
October 14, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York on the Central Wappinger North Chelsea Substation Expansion.
Supervisor Ruggiero opened the meeting at 7:35 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Christopher Colsey, Councilman
Joseph Paoloni, Councilman
Others Present
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Gloria J. Morse, Town Clerk
Absent:
Vincent Bettina, Councilman
The Town Clerk offered for the record, the Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached hereto
and made part thereof the Minutes of this Hearing).
Supervisor Ruggiero wished to know if there were any questions or comments
from the audience. There were none.
Councilman Paoloni moved to close the Public Hearing, seconded by
Councilman Colsey and unanimously carried.
The Public Hearing closed at 7:36 p.m.
f
Gloria J. rse
Town C k
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF
NOTICE OF PUBLIC HEARING
ON AN APPLICATION FOR A
SPECIAL USE PERMIT FOR
NORTH CHELSEA SUBSTATION
EXPANSION BY CENTRAL HUDSON
GAS & ELECTRIC CORPORATION
BASED ON A REVISED NARRATIVE
STATE OF NEW YORK
) ss:
COUNTY OF DUTCHESS )
POSTING
GLORIA J. MORSE, being duly sworn deposed and says:
That she is duly elected, qualified and acting Town Clerk of the Town of
Wappinger, County of Dutchess and State of New York. That on October
1, 2003, your deponent posted a copy of the attached notice of Public
Hearing on an Application for a Special Use Permit for North Chelsea
Substation Expansion by Central Hudson Gas & Electric Corporation
based on a revised narrative on the sign board maintained by your
deponent in her office in the Town Hall of the Town of Wappinger, 20
Middlebush Road, Wappingers Falls, Dutchess County, New York.
GLO . M SE
Town erk
Town of Wappinger
Sworn to before me the
day ?003
. ZIA-
IRENE M REIS
Notary Public State of New York
Residing in Dutchess County
Registration it O1RE5 115120c
Commission Expires —
C) i)=.R,f'.I
D I T C H F ``> NF lnI
1N
f' Ort'F"F PnF `,?S
- F +•,
I. -d y... 1'' I•-, I, N G i" , l ':.a
C A I_ I_.. �� ; NY Y 1
I.,' AF';='TiJr 1- R5-'='aI._L ` Tf�L�II'�
t c 4f 1- a; s
I 1 C .T. N F`''I i' -I F 4'1 1 i"i 1" 1'I C.{ i? 0 i7
t In ti; iii f`1 i`.1 k, i J' 1-1 F- rr,' c'i f h
)1. 1 t it.�= f�.l I.' I -i ri I,.F,I r-' fi �:, ✓' 11'".'t,-1 ,,ICY ii. p e r ('i't' .J i=^. )'I? Y`
n t 411 F" TfJf;F.R° AI...I ;
i": 1 (f": L. I, 7 n J'�.. 7.. i"i fl t:', l_ I f) 1 7 -^; 1.' I �'-? i"I (n � J ., � � C. �
P,JF1,,lYC)fIRK ; :, nr'1
t. t ,a rl (') t;) 0 f I, l I i i _ c': r'. t t <a , , 'r1 i"1 P- < P c'1. i ;9
iI11;.' pl)I`if. si^1 ?ii i•)1 ji'iLl,t.�1 1")'I
'`,lxl�i)')'1 to f1{=� f i1i"v< (Iliw t l'li, , -_�t 11 r'��a.;y' of (:�i":t fill er r.O02
ALBERT M. OSTEN
NOTARY PUBLIC, ST^sE OF MEW YORK
is QUALIFIED IN `11 TEE
COUNTY
# 1-1-824016,0
COMMiSSIOP: EXPIRES JUN 5 2007
NOTICE OF PUBLIC HEARING
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN that the
Town Board of the Town of Wappinger
will conduct a second PUBLIC HEAR-
ING on the 14th day of October 2003, at
7:30 p.m. at the Town Hall, Town of
Wappinger, 20 Middlebush Road,
Wappingers Falls, New York, at which
time all parties in interest and citizens
shall have an opportunity to be heard as
to whether or not the Application of Cen-
tral Hudson Gas & Electric Corporation
on behalf of North Chelsea Substation
for a Special Use Permit pursuant to
§240-16(F) to authorize an expansion of
the North Chelsea Substation located
on a parcel of land identified as Tax Grid
Number 13-5689.6056-02-760980-00,
with a common street address of 2070
Route 91), Wappingers Falls, New York,
shall be granted.
PLEASE TAKE FURTHER NOTICE
that the Town Board has determined that
pursuant to Article 8 of the Environmen-
tal Conservation Law, Part 617 NYCRR
(commonly known as SEORA) and pur-
suant to Local Law No. 6 of 1992 (the
Town's Environmental Quality Review
Law) that this Application is an Unlisted
Action and the Town Board hereby re-
serves its right to make its SEORA De-
termination after the conclusion of the
Public Hearing.
PLEASE TAKE FURTHER NOTICE
that copies of the Application for the
Special Use Permit are available for
review:e.d inspection at the Office of the
Town( fk,)n weekdays from 8:30 a.m.
to 4:; , p.m., at the Town Hall, 20
Midc abush Road, Wappingers Falls,
NewYork.
Dated: September 8, 2003
BY ORDER OF TH E TOWN BOARD i
OF THE TOWN OF WAPPING ER
Gloria J. Morse, Town Clerk
TOWN CLERt<
Poughkcepsie Journal
Poughkeepsie, N.Y.
NOTICE OF
PUBLIC HEARING
TOWN OF WAPPINGER
NOTICE IS HEREBY GIV-
EN that the Town Board of
the Town of Wappinger will
conduct a second PUBLIC
HEARING on the 14th day of
October 2003 at 7:30 p.m. at
the Town Hall, Town of
Wappinger, 20 Middlebush
Road, Wappingers Falls,
New York, at which time all
parties in interest and citi-
zens shall have an opportu-
nity to be heard as to
whether or not the Applica-
tion of Central Hudson Gas
& Electric Corporation on
behalf of North Chelsea
Substation for a Special Use
Permit pursuant to §240-
16(F) to authorize an expan-
sion of the North Chelsea
Substation located at a
parcel of land identified as
Tax Grid Number 13-5689-
6056-02-760980-00, with a
common street address of
2070 Route 9D, Wappingers
Falls, New York, shall be
granted.
PLEASE TAKE FURTHER
NOTICE that the Town
Board has determined that
pursuant to Article 8 of the
Environmental Conservation
Law, Part 617 NYCRR (com-
monly known as SEQRA)
and pursuant to Local Law
No. 6 of 1992 (the Town's
Environmental Quality Re-
view Law) that this Applica-
tion is an Unlisted Action
and the Town Board hereby
reserves its right to make its
SEQRA Determination after
the conclusion of the Public
Hearing.
PLEASE TAKE FURTHER
NOTICE that copies of the
Application for the Special
Use Permit are available for
review and inspection at the
Office of the Town Clerk on
weekdays from 8:30 a.m. to
4:00 p.m., at the Town Hall,
20 Middlebush Road, Wap-
pingers Falls, New York.
Dated: September 8, 2003
By Order of the Town Board
of the Town of Wappinger
GLORIA J. MORSE
Town Clerk
0838
0290
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
one inse tion
for weeks successively, in each week, commencing
on the 1st, day of
Oct.
2003 and
thereafter, namely on:
on the following dates
And ending on the day of
003 ,both days inclusive.
/r
V Subscribe d sworn to before me this "Cl:'
day of 2003T
My commission expires
-f
Public
U
10/14/2003.PH
Public Hearings were held by the Town Board of the Town of Wappinger on
October 14, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York on the Wappinger Park Water District Extension #1 and the
Wappinger Park Water District Improvements.
Supervisor Ruggiero opened the meeting at 7:37 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Christopher Colsey, Councilman
Joseph Paoloni, Councilman
Others Present
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Gloria J. Morse, Town Clerk
Absent:
Vincent Bettina, Councilman
The Town Clerk offered for the record, the Affidavits of Posting, Publication
and mailing duly signed and notarized. (These Affidavits are attached hereto
and made part thereof the Minutes of this Hearing).
At this time Engineer to the Town Jay Paggi gave a brief presentation on the
project, the costs, etc.
Mr. Paggi explained the Wappinger Park subdivision consists of 77 homes, is
located on the southwest corner of Route 9 and Old Hopewell Road, and is
presently served by the Wappinger Park Water District. Over the past few
years the water quality from the wells serving the park has been degraded to
such an extent that we are now in noncompliance with part 5 of NYS sanitary
codes, specifically for chlorides, and we currently have an exemption from the
Dutchess County Health Department to operate this water system. The
exemption was granted with the understanding that the town would pursue a
connection to a larger system that is located within the central portion of the
town. We are now proposing to abandon the existing source and supply for
the Wappinger Park Water District and connect to the existing central
system. That connection exists at a point 2700 foot north of Wappinger
Park. The Town propose to connect to that system near the BJ entrance,
construct the pipe down Old Route 9 to Old Hopewell Road, go south on Old
Hopewell Road and connect into existing pipe on Cayuga Drive near Seneca
Lane. The existing wells would then be abandoned and the Wappinger Park
residents would have the source of supply from the Atlas and Hilltop Wells.
We are also going to increase the size of the existing district to include the
properties that would be adjacent to the new pipe that is constructed. Those
properties are mostly commercial that exist along Old Route 9, Hark Plaza,
1
10/14/2003.PH
La Fonda del Sol, NAPA Auto Parts, Greer, Optimum Windows,
Greenbaums, Choice Seating and Performance Motors. What we have are
two separate actions. One is the connection of the existing district to the
main and the second is the connection of the commercial properties
mentioned to the newly constructed main. The total cost of the project is
going to be $780,000. This is broken down into two items. The first is the
construction of the main down to Old Hopewell Road and into Wappinger
Park. Of the $780,000 that's about $724,000. This does not include any of
the work necessary to include the new commercial properties. Of the
$724,000, the Town applied for and received a Grant from Dutchess County
called the Community Development Plot Grant to aid in the construction
cost of the 77 homes in Wappinger Park. We received a Grant in the amount
of $102,000 that will be attributed to that portion of the project that benefits
the 77 homes. The net cost with the $102,000 Grant will be $622,000 to the
77 homes in Wappinger Park. Serial Bonds will be issued for a term of 20
years. The cost to be borne by each home owner will be $318 per year. The
additional cost to construct the service connection to the 12 commercial users
along Old Route 9 is the difference between the $724,000 and the $780,000 or
about $55,000. That cost for those 12 commercial users is approximately $63.
The 12 properties will pay the $318 and the $63. Presently the flat rate in
Wappinger Park is $85 per quarter. The new rates with a water meter for an
average family will be approximately $27.25 per quarter and the yearly O&M
rate which is now $340 will be $132. This will be a projected cost savings of
$208 on the O&M.
The total projected cost increase will be around $110. Construction should
start in early 2004 and be completed by summer of 2004. At that point in
time the wells in Wappinger Park will be abandoned and the pump building
would be demolished and taken out. Each home will receive a meter with a
remote read out. Mike Tremper of CAMO Pollution explained that CAMO
has operated this system since the town took it over and the water quality is
not the best. The chlorides are very high. The water level is also high in
sodium and contains manganese. The hardness is around 20 and 30 grains
and the water from Central Wappinger will be around 14 grains and will -----
contain very little manganese and no iron. We have had no complaints from
the 2700 homes that are already hooked into Central Wappinger Water.
Earlier this year in a similar district with similar water quality with a
similar amount of homes, the same transformation took place and the
residents began to see improvements in the water quality within a week.
2
10/14/2003.PH
Along with the chloride and poor water we have also discovered low amounts
of MTBE in the wells.
Mrs. Price of Onondaga Drive wished to know if she would still have to use
her water softener. Mr. Tremper answered that the softness of the water
from Central Wappinger Water is around 14 grains. This is slightly hard, so
water softness is a matter of personal preference. She also wished to know if
they would have to pay for their meters. Mr. Paggi explained that the cost of
the meter is included in the cost. Mr. Rompala of 15 Cayuga Drive wished
to know if Poughkeepsie Nissan was going to be part of this water district.
Mr. Paggi answered, "no they were not."
There were no more questions or comments.
Councilman Paoloni moved to close the Public Hearings, seconded by
Councilman Valdati and unanimously carried.
The Public Hearing closed at 7:55 p.m.
Gloria J. Morse
Town Clerk
3
WAPPINGER PARK PLUS COMMERCIAL PROPERTIES
AFFIDAVIT OF MAILING
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
FLORENCE HANNON, being duly sworn, deposes and says:
I am the Deputy Town Clerk to the Town of Wappinger, Dutchess County, New York.
I am over the age of eighteen (18) years of age and I reside at I s /,
Wappingers Falls, New York.
On the 16, day of&Wt , 2003, I served a true copy of the annexed NOTICE OF
PUBLIC HEARING by mailing a copy of same in a sealed envelope with 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 known
addresses of the addressees as set forth on the attached Schedule No. 1.
The last known addresses are the addresses maintained by the Town of Wappinger
Assessor's Office and/or 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.
FLORENCE HANNON
Deputy Town Clerk
Sto befo e e on this
day of 2003.
0
ARY
Pt 0 A JEAN MORSE
imPublic, 2its of New York
iad in N' "Chess County 4761090
Comm. Expires Aug. 31,x% Lf
CADocuments and Settings\Florence\Local Settings\Temporary Internet Files\0LK4\AFFIDAVIT2.doc
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON THE
ESTABLISHMENT OF A PROPOSED
EXTENSION TO THE WAPPINGER PARK
WATER DISTRICT IN THE TOWN OF WAPPINGER
TO BE KNOWN AS EXTENSION NO. I TO THE
WAPPINGER WATER DISTRICT IN THE TOWN
OF WAPPINGER
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
GLORIA J. MORSE, being duly sworn deposed and says:
That she is duly elected, qualified and acting Town Clerk of the Town of
Wappinger, County of Dutchess and State of New York. That on
September 24, 2003, your deponent posted a copy of the attached notice
of Public Hearing on the Establishment of a Proposed Extension to the
Wappinger Park Water District in the Town of Wappinger to be know as
Extension No. 1 to the Wappinger Water District in the Town of
Wappinger on the sign board maintained by your deponent in her office
in the Town Hall of the Town of Wappinger, 20 Middlebush Road,
Wappingers Falls, Dutchess County, New York.
0
-1/' 4�,o '4 J'';
GLORI7JR7
Town C
Town of Wappinger
Sworn to before me theA-4
day of e-- je 2003
ROBIN D. SECOR
Notary Public, State of New York
Residing in Duchess County
Registration#01SE6W302
My Commission ExOires Auric 17.20. Y'
rg TV14
starLi
(e
'Poughkeepsie Journal
Poughkeepsie, N.Y.
AFFIDAVIT OF PUBLICATION
REGENE�
(CC) fr?? !OJO
I proposed new water main
zzie
id escribed two paragraphs
Ifld,,. ,�� below) and shall be bound-
ed and described as set
forth in Appendix A attached
Gunsmoke "Chill hereto and made a part
121 Best Damn Sp,,, hereof• and
WHEREAS, the improve-
QrS$` rv: Legendary K ments proposed specifically
CC ( Sex and -Ci S! for Extension No. 1 consist . and -City of service connections for
�i►tny1g92 Joe Eeeci .fRa' each commercial property in
In Home Extension No. 1 from the
9 (N) proposed new water main
r , (described in the paragraph
below), including corpora -
4) Dtts In Hoffman. `R' Ction valves piping and indi-
vidual curb valves and box -
class: Our
12:30 as; and
(gels
® (12:37) [ WHEREAS, the improve -
1 Pains(CC)
ments proposed specifically
& Colmes
OD (12.37) Et for Extension No. 1 will be
constructed in conjunction
Eats
)u g hbred Ac-
Tonight CC
( ) with an overall plan to
®® 02:37 increase and improve the
Improvement Area 1999 -
(CC) facilities of the Wappinger
our Classic
® Spin Clty
Park Water District, as ex -
Masters
® Extrem
tended, including Extension
i Banacek
m Frasier (
No. 1, such improvements
►Real Sports
®Math
being the provision of new
WHEREAS, the maximum
® AlRoo
i
water service for the Wap -
pinger Park Water District,
Marvels (CC)
CC)
Celeste
as extended, including Ex -
Frontal Fash-
® Nightly
irlrll
tension No. 1, through the
connection of the Wapping-
iseball
025
mulgated pursuant to the
State Environmental Quality
Review Act, the impiementa-
tion of which, as proposed,
the Town Board has deter-
mined that no environmental
review is required.
WHEREAS, there will be
no hook-up fees to proper-
ties in Extension No. 1; and
WHEREAS, the estimated
annual capital cost for the
improvementsProposed
specifically for Extension
No. 1, based upon the
proposed twenty year debt
amortization, is $63 per
benefit unit for each proper-
ty to be included in Exten-
sion No. 1. The number of
benefit units for each prop-
erty in Extension No. 1 is
shown on Table C to the
aforesaid map, plan and
report. The estimated annu-
al capital cost for the im-
provements proposed for
Wappinger Park Water Dis-
trict, as extended, for the
aforesaid overall Improve-
ments to increase and im-
prove the facilities of Wap-
pinger Park Water District,
as extended, based upon
the proposed twenty year
debt amortization, is $318
per benefit unit. The estimat-
ed annual cost of operation
and maintenance of such
proposed improvements is
$132 per benefit unit for a
typical user in the existing
Wappinger Park District
commercial users in the
extended district (service
area) will pay annual 0&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 prop-
erties" in Extension No. 1;
and
WHEREAS, a detailed ex-
planation of the manner by
which were computed and
said estimatedfirst-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 avail-
able during regular office
hours for examination by
any person interested in the
subject matter thereof; and
WHEREAS, it is now de-
sired to fall a public hearing
upon the question of the
establishment of Extension
No.1 to the Wappinger Park
Water District of the Town of
Wappinger in the manner
aforesaid pursuant to Sec-
tion 209-d of the Town Law;
NOW, THEREFORE, IT IS
HEREBY
ORDERED, by the Town
Board of the Town of
Wappinger, Dutchess Coun-
ty, New York, as follows:
Section 1. A meeting of
the Town Board of the Town
of Wappinger, Dutchess
County, New York, shall be
held at the Town Hall, 20
Middlebush Road, In Wap;
pinger Falls, New York, in
said Town, on October 14,
2003 at 7:30 o'clock p.m.,
Prevailing Time, for the
purpose of holding a public
hearing to consider the
State of New York
County of Dutchess
- :psie
establishment of a propos(
extension to the Wapping
Park Water District of sa
Town as described in if
preambles hereof, to 1
known as Extension No,1 abardi of the City of Poughkeepsie,
the Wappinger Park Wat'
District of the TownNew York, being duly sworn, says that at
Wappinger, and to consid'
the map, plan and rep(; hereinafter mentioned she was and still is
filed in relation thereto, at
to hear all persons intere.k of the Poughkeepsie Newspapers Division
ed in the subject matt
thereof concerning t►ite Information Network, Inc., publisher of
same, and for such otir
action on the part of sPPSIE JOURNAL, a newspaper printed and
Town Board as may r
required by law or shalli, day in the year in the city of
proper in the premises.
Section 2. The Town Clrputchess County, New York, and that the
is hereby authorized a
directed to cause a copy
this order to be publish�ytaduly published in the said newspaper
nalaheuhnd SotinDa' successively, in each week, commencing
News, the official news
l Zdth day Of
pets of said Town, the r
publication thereof to be r
less than ten nor more t
twenty days before the i
set herein for the hearingd on the following dates
aforesaid, and said To;ly
On:
Clerk shall also cause"
copy thereof to be post
on the sign -board of
Town maintained pursu+
to subdivision 6 of Secti
30 of the Town Law and
send, by first class mail
copy thereof to each owi
of taxable real prop
within Extension No. 1,
shown upon the latest
sessment roll of the To(
each not less than ten
more than twenty di the day of
before the date set for
hearing as aforesaid. 003 both days inclusive.
Section 3. This order s�—
take effect immediately.
Proposed Wappinger
Park Water District
Connection to 1999-2(
Improvement Area 7 ,
Beginning at a point, s (�
point being the southeas� sworn to before me this
ly corner of lands now'
former KandrAssccia 2003
LLC., Liber 2005, Page
said point also being on
westerly road line of P
York State Route 9; the.
leaving said southeast—
corner of Kandr Associa ary Pu is
LLC, and said westerly
of New York State Rout
and running along
southerly line of said Kbn expires /
Associates, LLC., so,p
westerly 300.93+/- feet 1
point, said point being
southwesterly corner of
lands of Kandr Associa
LLC.; thence leaving :
southwesterly corner of
lands of Kandr Associa
LLC. and running northe
arty along the westerly
of said lands of Kt
Associates 296.004 fe(
a point, said point being
northwesterly corner of -_-
lands of Kandr Associe
LLC., said point also b,
the southwest corner
other lands of Kandr As(
' ates, LLC., Liber 2005, F
373; thence leaving
northwesterly corner of
lands of Kandr Assock
LLC. and said southwes
corner of said other Ian(
Kandr Associates, LLC.
running along the wee
line of said other land
Kandr Associates, t
Northwesterly 339.1
feet to a point, said 1
i
® Jesse Di
er Park Water District's
itts-
ip
water system to the water
system of Wappinger Water
PUBLIC NOTICE
Improvement Area 1999 -
NOTICE OF PUBLIC HEAR-
2(R), by the construction of
ING
a new water main and the
Please take Notice that the
abandonment of portions of
following Order has been
the existing Wappinger Park
adopted by the Town Board
Water District's water sys-
of the Town of Wappinger,
tem; and
Dutchess County, New
WHEREAS, the maximum
York:
amount proposed to be
- - - - - - - - - - -X
expended for the aforesaid
In the Matter
improvements specifically
Of
for Extension No. 1 is
the Establishment of a pro-
$55,850; and
posed Extension to the
WHEREAS, the maximum
Wappinger Park Water Dis-
amount proposed to be
trict in the Town of Wappin-
expended for the aforesaid
ger, Dutchess County, New
overall improvements to in -
York to be known as Exten-
crease and improve the
sion No. 1 to the WapNnger
facilities of the Wappinger
Park Water District in the
Park Water District, as ex -
Town of Wappinger
tended, is $724,150
- - -X
(622,000 after aid). Taxable
WHEREAS, a map, plan
properties within Extension
and report, including an
No. 1 shall be charged a
estimate of cost have been
proportionate amount of
prepared in such manner
such cost on a benefit basis;
and in such detail as has
heretofore been determined
and
WHEREAS, the proposed
by the own Board of the
method of financing such
Town Wappinger, Dutch-
cost of said improvement to
ass unty, New York,
be allocated and charged to
relatinto the establishment
Extension No. 1 is by the
of a p posed extension to
issuance of serial bonds of
the Wappinger Park Water
said Town maturing in annu-
District of the Town of
al installments over a period
Wappinger, Dutchess Coun-
not exceeding forty years,
ty, New York, to be known
which will be payable in the
as Extension No. 1 to the
first instance from the annu-
Wappinger Park Water Dis-
al apportionment and as-
trict (hereinafter "Extension
sessment on the taxable real
No. 1"; and
property in Extension No. 1
WHEREAS, said map,
which the Town Board shall
plan and report dated Octo-
determine to be especially
tier 8, 2001, as amended
benefited by the improve -
March 24, 2003 and July 30,
ments, but if not paid from
2003,were prepared by
such source, all the taxable
Paggi, Martin & DelBene,
real property in said Town
LLP, competent engineers
shall be subject to the levy
duly licensed by the State of
of ad valorem taxes therefor;
New York, and have been
and
filed in the office of the Town
WHEREAS, both the im-
Clerk of said Town, where
provements specifically for
the same are available dur-
Extension No. 1 and the
ing regular office hours for
improvements for the Wap -
examination by any persons
pinger Park Water District,
interested in the subject
as extended, have bee de -
matter thereof; and
termined, to be a Type II
WHEREAS, Extension No.
Action pursuant to the regu-
1 shall include commercial
lations promulgated pursu-
properties located along the
ant to the regulations pro-
mulgated pursuant to the
State Environmental Quality
Review Act, the impiementa-
tion of which, as proposed,
the Town Board has deter-
mined that no environmental
review is required.
WHEREAS, there will be
no hook-up fees to proper-
ties in Extension No. 1; and
WHEREAS, the estimated
annual capital cost for the
improvementsProposed
specifically for Extension
No. 1, based upon the
proposed twenty year debt
amortization, is $63 per
benefit unit for each proper-
ty to be included in Exten-
sion No. 1. The number of
benefit units for each prop-
erty in Extension No. 1 is
shown on Table C to the
aforesaid map, plan and
report. The estimated annu-
al capital cost for the im-
provements proposed for
Wappinger Park Water Dis-
trict, as extended, for the
aforesaid overall Improve-
ments to increase and im-
prove the facilities of Wap-
pinger Park Water District,
as extended, based upon
the proposed twenty year
debt amortization, is $318
per benefit unit. The estimat-
ed annual cost of operation
and maintenance of such
proposed improvements is
$132 per benefit unit for a
typical user in the existing
Wappinger Park District
commercial users in the
extended district (service
area) will pay annual 0&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 prop-
erties" in Extension No. 1;
and
WHEREAS, a detailed ex-
planation of the manner by
which were computed and
said estimatedfirst-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 avail-
able during regular office
hours for examination by
any person interested in the
subject matter thereof; and
WHEREAS, it is now de-
sired to fall a public hearing
upon the question of the
establishment of Extension
No.1 to the Wappinger Park
Water District of the Town of
Wappinger in the manner
aforesaid pursuant to Sec-
tion 209-d of the Town Law;
NOW, THEREFORE, IT IS
HEREBY
ORDERED, by the Town
Board of the Town of
Wappinger, Dutchess Coun-
ty, New York, as follows:
Section 1. A meeting of
the Town Board of the Town
of Wappinger, Dutchess
County, New York, shall be
held at the Town Hall, 20
Middlebush Road, In Wap;
pinger Falls, New York, in
said Town, on October 14,
2003 at 7:30 o'clock p.m.,
Prevailing Time, for the
purpose of holding a public
hearing to consider the
State of New York
County of Dutchess
- :psie
establishment of a propos(
extension to the Wapping
Park Water District of sa
Town as described in if
preambles hereof, to 1
known as Extension No,1 abardi of the City of Poughkeepsie,
the Wappinger Park Wat'
District of the TownNew York, being duly sworn, says that at
Wappinger, and to consid'
the map, plan and rep(; hereinafter mentioned she was and still is
filed in relation thereto, at
to hear all persons intere.k of the Poughkeepsie Newspapers Division
ed in the subject matt
thereof concerning t►ite Information Network, Inc., publisher of
same, and for such otir
action on the part of sPPSIE JOURNAL, a newspaper printed and
Town Board as may r
required by law or shalli, day in the year in the city of
proper in the premises.
Section 2. The Town Clrputchess County, New York, and that the
is hereby authorized a
directed to cause a copy
this order to be publish�ytaduly published in the said newspaper
nalaheuhnd SotinDa' successively, in each week, commencing
News, the official news
l Zdth day Of
pets of said Town, the r
publication thereof to be r
less than ten nor more t
twenty days before the i
set herein for the hearingd on the following dates
aforesaid, and said To;ly
On:
Clerk shall also cause"
copy thereof to be post
on the sign -board of
Town maintained pursu+
to subdivision 6 of Secti
30 of the Town Law and
send, by first class mail
copy thereof to each owi
of taxable real prop
within Extension No. 1,
shown upon the latest
sessment roll of the To(
each not less than ten
more than twenty di the day of
before the date set for
hearing as aforesaid. 003 both days inclusive.
Section 3. This order s�—
take effect immediately.
Proposed Wappinger
Park Water District
Connection to 1999-2(
Improvement Area 7 ,
Beginning at a point, s (�
point being the southeas� sworn to before me this
ly corner of lands now'
former KandrAssccia 2003
LLC., Liber 2005, Page
said point also being on
westerly road line of P
York State Route 9; the.
leaving said southeast—
corner of Kandr Associa ary Pu is
LLC, and said westerly
of New York State Rout
and running along
southerly line of said Kbn expires /
Associates, LLC., so,p
westerly 300.93+/- feet 1
point, said point being
southwesterly corner of
lands of Kandr Associa
LLC.; thence leaving :
southwesterly corner of
lands of Kandr Associa
LLC. and running northe
arty along the westerly
of said lands of Kt
Associates 296.004 fe(
a point, said point being
northwesterly corner of -_-
lands of Kandr Associe
LLC., said point also b,
the southwest corner
other lands of Kandr As(
' ates, LLC., Liber 2005, F
373; thence leaving
northwesterly corner of
lands of Kandr Assock
LLC. and said southwes
corner of said other Ian(
Kandr Associates, LLC.
running along the wee
line of said other land
Kandr Associates, t
Northwesterly 339.1
feet to a point, said 1
i
D(JTCHF�IS t,,1FWS
FIREF PRES"
84 FAST P,IIATJ,l SJR T..
oc,lit —7F —F 4— �7l � %,..e i t—_ <73, —F F> t.A V1, T, i. � -t— I_ C)o "
I.A"' PP'T N Ci I", Fl.,;,;� 1"Al I
Y
'-7.
D ( J T C 1 -IF
T •. T 1, N A 1- .1 F "0" H .: h :i~ a. VI C! ( 1 1,x - (,%l C.-) I- n ; '.r.:P c) S r? .9 )! d
-i y c 5'e�tAtJ"(,ern
h at T ern f In �L� H K 1 F..
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
F- R, F r t i. L.
Please take Notice that the following th To
Order has been adopted by a own
k fl C, -I
y I
Board of the Town of Wappinger,
Dutchess County, New York:
r! 3e
------------------------------------------ Xsnti.f her n
In the Matter of the Establishment of a
Con
Proposed Extension to the Wappinger
Park Water District in the Town of
Wappinger, Dutchess County. New York totive emergencies,
be
to known as Extension No. 1 to the I
,
Wappinger ParWWater District in the 11 certain procedure: r
5 fo
Town of Wappin r
1
------------------ --------------------- x 6e most valuable les
WHEREAS, a m p, plan and report, in- '
cluding an estim a of cost have been t1d hooking up jumper
prepared in sucIt"anner and in such F
detail as has heretofore been determined c before an emergency `,, P, ri f e I -; ,=.t)0
by the Town Board of the Town of ' Car Care Council.
Wappinger, Dutchess County New York, 5
relating to the establishment of a pro-
f
Posed extension to the Wappinger Park
Water District of the Town of Wap Inger, %a battery *11 11") 1 i
Nuthl=u, by the [own Board o the lajRg
uur tui�ijcnandii m rar,
r js e Sip y
Town of Wappinger, Dutchess County,
14ew York, as follows:
said point also being the norlheasterty
jpclion 1. A meeting of the Town board
corner of said lands of Leonard, said
point also being on the westerly line of
if the Town of Wappinger, Dutchess
said New York State Route 9; thence leav-
County, New York, shall be held at the
Town Hall, 20 Middlebush Road, in
ing the southeasterly comer of said lands :h
of Aura Realty Corp. and the northeast-
?007
Wappinger Falls, New York in said
Town. On October 14,2003 at 736 o'clock
arty corner of said lands of Leonard and
running along the easterly line
P.M., Prevailing Time, for the purpose of
holding a public hearing to consider the
of said
lands of Leonard and the westerly line of
said New York State Route 9 the follow -
establishment of a proposed extension
to the Wappinger Park Water District of
ing three courses and distances: South -
westerly 181.79 t feet, Southwesterly
said Town as described in the preambles
hereof to be known as Extension No. 1 to
17928 t feet and Southwesterly 125.32 t
feet to a point, said point being the
the Wappinger Park Water District of
he Town of Wappinger, and to consider
south -
easterlycomer ofsaidlands ofLeonard,
said point also being the northeasterly
the map, plan and report filecrin relation
thereto, and to hear all persons inter-
corner of lands noworformerly Russell
J. Watson, Liber 1946, Page 612 and a
ested in the subject matter thereof con-
Point on the westerly line of New York
cerning the same, and for such other
State Route 9;
action on the Part of said Town Board as
may be required by law or shall be proper
thence leaving said southeasterly cor-
ner Of Said Linda of Leonard and the north -
in the premises.
�Pgtion 2. The Town Clerk is hereby
easterly comer of said lands of Russell
and running along the easterly line of
authorized and directed to cause a copy
of this order to be published once in
said lands of Russell and the westerly
line of said New York State Route 9
Poughkeepsie Journal and Southern
Dutchess News, the official newspapers
Southaasterty 51.03t feet to a Point, said'
point being the south as sterty corner of
of said Town, the first publication th ereof
said Lands of R ussell and the northeast -
to be not less than ten nor more than
erly corner of lands now or formerly
twenty days before the day set herein for
the hearing as aforesaid, and said Town
Schunzel, Inc., Liber 19 , age539;
thence leaving the sou the sterlycomer
'Je
s
Clerk shall also cause a copy thereof to
be posted on the sign -board of the Town
of said lands of Russll d the north-oa
easterly comer of said land oiSchunzel
maintained pursuant to subdivision 6 of
Section 30 of the Town Law and to send,
Inc. and running along In easterly line'
of said lands of Schunzel nd the West -
by first class mail, a copy thereof to each
owner of taxable real property within Ex-
erly line of New York State le9, South -
westerly 254.28 t feet to a point, said
tension No. 1, as shown upon the latest
point being the southeasterly corner of
assessment role of the Town, each not
said lands of Schunzel, Inc. and the north.
1::
less than ten nor more than twenty days
before the day set for the hearing as
easterly comer of lands now or formerly
Green Nine Realty Corp., Liber 1883
aforesaid.
Section 3. This order shall take effect
Page 847; thence leaving said south'
mmediate
easterly comer of lands of Schunzel nzeland
the northeasterly corner otsaid lands of
commercial users in the extended dis-
Green Nine Realty Corp. and running
trict (service area) will pay annual O&M
along the easterly line of said lands of
costs, to be determined by the Town
Green Nine Realty Corp. and the West -
Board, based an actual metered flow.
erly line of said New York State Route 9,
Southwesterly 636.03:t feet to a point,
Propose Wappinger Park Water
District
said point being the southeasterly comer ai
of said Lands of Greer Nine Really Corp.
Connecti to 1999-2(R) Improvement
Area
and a point in the northerly line of Old Id
Beginnin t a point, said point being
Hopewell Road;'d point also being in
the westerly line Wsaid New York State
the southe sterly comer of lands now or
formerly K n1r Associates, LLC., Liber
-
Route 9; thence leaving said southeasttt
erly corner of said lands of Greer Nine
2005,Page373,saidpointalsobeingon
Realty Corp. and running along the
the Westerly road line of New York State
Route 9; thence Leaving said southeast-
Westerly line of said New York State Route
9, Southeasterly 170.00 *feet to a point, S
erly corner of Kandr Associates LLC.
said point being the northeasterly cor-
and said westerly line of New York State
Route 9 and running along the southerly
ner of said lands of Dutchess Medical
Arts Building, LI -C., said point also be -fes
of said Kandr Associates, LLC.
ing in the northerly line of said Old
southwesterly 300.93 ± feet to a point:
Il
Hopewell Road and the westerly line of
said point being the southwesterly cor-
said New York State Route 9; thence leav- U I
ner of said lands of Kandr Associates, ing
the northeasterly corner of said _'
10/14/2003.WS
The Workshop Meeting of the Town of Wappinger was held on October 14,
2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York.
Supervisor Ruggiero opened the meeting at 7:35 p.m.
Present:
Joseph Ruggiero, Supervisor
Robert Valdati, Councilman
Christopher Colsey, Councilman
Joseph Paoloni
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
PUBLIC HEARING:
• Public Hearing Central North Chelsea Substation
• Public Hearing Wappinger Park Water District Extension
• Public Hearing Wappinger Park Water District Improvements
DISCUSSION:
• Cingular Cellular — Kyle MacCallum Site Acquisition Consultant for
Cingular Wireless announced that Cingular Cellular recently received
a PCS license for operating in Dutchess, Ulster and Green Counties.
He is looking for an area to find coverage, and was fortunate because
there is already an existing site on Town of Wappinger property.
Cingular Cellular wishes to co -locate its antennas on an existing
Cellular One owned facility located at 14 Middlebush Road. They
propose to mount six (6) paned type antennas below Cellular One's
existing antenna array and a 10'x12' equipment shelter as shown in
the Site Plan. Al Roberts Attorney to the Town explained that first of
all they must find out if any improvements are required of the tower
which may necessitate an amendment to the site plan. If there are no
modifications to the existing tower he thinks it might be permitted
and should just be reviewed by the Planning Board. Supervisor
Ruggiero informed Mr. McCallum to get a copy of a lease agreement for
Mr. Roberts to review. We will also get you in touch with our Zoning
Administrator. Mr. Roberts said the lease would be with the current
tenant of the Town. Mr. Valdati informed the applicant that he wants
them to also provide the town with a report on the amount of
emissions that would be generated by this addition
1
10114/2003.WS
At this time 8:05 p.m. Councilman Colsey moved to go into Executive
Session to confer with Attorney, seconded by Councilman Paoloni and
unanimously carried.
The meeting reconvened at 8:10 p.m. with all board members present, with
the exception of Councilman Bettina.
Councilman Valdati requested the Cingular Cellular to include in the
application that they are in full compliance with Federal Regulations.
RESOLUTION NO. 2003-243
RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW
FUNDS FOR 1318 ROUTE 9
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilman Colsey.
WHEREAS, on or about August 6, 2002, Joseph Eulie deposited Three
Thousand Seven Hundred Dollars ($3,700.00) with the Town of Wappinger in
escrow for a site plan for the property located at 1318 Route 9; and
WHEREAS, Joseph Eulie has requested an escrow refund in the amount of
Three Hundred and Seventy Six Dollars ($376.00), and has been
recommended by Tatiana Lukianoff, Zoning Administrator to the Town of
Wappinger, in her letter dated September 8, 2003 to the Town Board
Members.
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 Three Hundred and Seventy Six
Dollars ($376.00) made payable to Joseph Eulie, Account Number 02-
4011, for the refund of the unused escrow funds deposited for the
property located at 1318 Route 9.
The forgoing was put to a vote which resulted as follows:
Joseph Ruggiero
Aye
Robert Valdati
Aye
Vincent Bettina
Absent
Christopher Colsey
Aye
Joseph Paoloni
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-245
RESOLUTION AUTHORIZING SPECIAL USE PER UT FOR
NORTH CHELSEA SUBSTATION
The following resolution was moved by Councilman Colsey and seconded by
Councilman Valdati.
WHEREAS, the Town of Wappinger Town Board has received the application
of the Central Hudson Gas & Electric Corporation (the "Applicant" and
2
10/14/2003.WS
"Owner") for special permit approval for an 11,564 square -foot expansion of an
existing 39,650 square -foot substation, including the addition of 2 new
transformers, 3 new circuit breakers, 3 steel transmission line dead-end
structures and 1 new power control center, with associated landscaping (the
"Project" or "Proposed Action"); and
WHEREAS, the involved properties are known as Tax Lots 6056-02-760980
and 6057-04-833013 on the Town of Wappinger Tax Assessment Maps and are
located on the east side of NYS Route 9D in the CC Conservation Commercial
zoning district (the "Property" or "Site"); and
WHEREAS, the Applicant has submitted a Short Environmental Assessment
Form, a project narrative dated 7/03 and last revised 8/25/03, and the
following sheets of plans generally entitled "North Chelsea Substation
Proposed Expansion," prepared by Morris Associates, P.S., LLC,
Poughkeepsie, New York:
1. Sheet 1 of 6, "Title Sheet," dated 6/2/03, last revised 8/14/03;
2. Sheet 2 of 6, "Existing Conditions Survey Map," dated 8/14/03;
3. Sheet 3 of 6, "Proposed Expansion Site Plan," dated 6/2/03, last revised
8/14/03;
4. Sheet 4 of 6, "Grading and Erosion Control Plan," dated 6/2/03, last
revised 8/14/03;
5. Sheet 5 of 6, "General Details," dated 6/2/03, last revised 8/14/03; and
6. Sheet 6 of 6, "Underground Utilities Details," dated 8/14/03; and
WHEREAS, the Planning Board granted the site Amended Site Development
Plan Approval by resolution dated 9/15/03; and
WHEREAS, the Planning Board referred the application to the Dutchess
County Department of Planning and Development (DCDPD) and the DCDPD
determined that the Proposed Action is a "matter of local concern;" and
WHEREAS, the proposed 8 -foot high security fence will require a variance from
the Zoning Board of Appeals as it exceeds the maximum height of six feet
within the required sideyard setback as set forth in Section 240-21.B(4) of the
Town Code; and
WHEREAS, the Planning Board recommended the variance based on the
security needs of the Applicant and the fence's capacity as a visual screen; and
WHEREAS, the Town Board is familiar with the Site and all aspects of the
Project and has been satisfied that the Project will comply with the Zoning Law
including without limitation the Site Development Plan, Parking and
Performance Standards of Articles IX, X, and XI respectively of the Zoning Law
as well as other applicable laws and regulations subject to the conditions below;
and
3
10/1412003.WS
WHEREAS, the Planning Board determined that the Proposed Action is an
Unlisted Action in accordance with the State Environmental Quality Review
Law and the Town's Environmental Quality Review Law (WEQR); and
WHEREAS, a duly advertised public hearing was held on October 14, 2003 at
the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York
at which time all those wishing to be heard were given the opportunity to be
heard and the hearing was closed on that date;
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates as findings and
determinations the recitations and statements set forth above as if fully
set forth and resolved herein.
2. Pursuant to State Environmental Quality Review regulations, the
Town Board hereby adopts a Negative Declaration on the grounds that
the proposed action will not result in any significant environmental
impacts and any construction and land disturbance associated with the
development of the lot will be controlled and mitigated through proper
drainage and erosion control and properly screened with appropriate
landscaping.
3. The Town Board hereby makes the following findings in accordance with
Section 240-44 of the Zoning Law:
a. The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it, the size
of the Site in relation to it and the location of the Site with respect
to streets giving access to it, are such that it will be in harmony
with the appropriate and orderly development of the district in
which it is located.
b. The location, nature and height of buildings, walls, fences and the
nature and extent of existing or proposed plantings on the Site are
such that the use will not hinder or discourage the appropriate
development and use of adjacent land and buildings.
C. Operations in connection with any special permit use will not be
more objectionable to nearby properties by reason of noise, fumes,
vibration, illumination or other characteristics, than would be the
operations of any permitted use not requiring a special permit.
d. Parking areas will be of adequate size for the particular use, will
be properly located and suitably screened from adjoining
residential uses and the entrance and exit drives shall be laid out
so as to achieve maximum safety.
4. The Town Board hereby grants Special Permit Approval to the Project,
involving an 11,564 square -foot expansion of an existing 39,650
square -foot substation, including the addition of 2 new transformers, 3
new circuit breakers, 3 steel transmission line dead-end structures and
4
10/14/2003.WS
1 new power control center, with associated landscaping, in accordance
with the provisions of Article IX, X, and XI of the Zoning Law subject to
the following conditions and modifications:
a. Prior to any permission for site improvements being issued to the
Project the owner/applicant shall:
(1) Payment of all applicable fees.
(2) Endorse a copy of this Resolution and shall submit same
to the Zoning Administrator for filing; and
(3) Comply with all conditions Site Plan Approval granted by
the Planning Board, in accordance with the Site
Development Plan, Parking and Performance standards of
Articles IX, X, and XI respectively of the Zoning Law, as
well as other applicable laws and regulations.
5. In accordance with the Town's Schedule of Fees, the Applicant shall be
responsible for the payment of all application review fees incurred by
the Town Board in the review of this Project which are in excess of the
application review fees paid by the Applicant to -date. Such fees shall
be paid within thirty (30) days of the notification to the Applicant that
such fees are due. If such fees are not paid within this thirty (30) day
period and an extension therefore has not been granted by the Town
Board, this Resolution shall be rendered null and void. Refunds of any
remaining funds within the escrow account for the applications will not
be made until six (6) months after the issuance of the Building Permit
for the Project.
6. In accordance with Section 240-46 of the Zoning Law, this Special
Permit Approval shall expire and become void one (1) year from the
date of the adoption of this Resolution if work on this Project is not
initiated pursuant hereto, or if the proposed uses shall cease for more
than one (1) year for any reason, or if all required improvements are
not completed within the time period specified in the Resolution of Site
Development Plan Approval adopted by the Planning Board, or if all
such required improvements are not maintained and all conditions and
standards are not complied with throughout the duration of the subject
use. Further, this Resolution of Special Permit Approval is issued in
conjunction with a Resolution of Site Development Plan Approval; this
Resolution of Special Permit Approval shall expire and become void if
Site Development Plan Approval becomes invalid, unless landowner,
after being given ten (10) days written notice and an opportunity to be
heard concerning any defects or non-compliance with the Site Plan
6i
10/14/2003.WS
conditions, cures such defects in a timely manner as determined by the
Planning Board.
The forgoing was put to a vote which resulted as follows:
Joseph Ruggiero
Aye
Robert Valdati
Aye
Vincent Bettina
Absent
Christopher Colsey
Aye
Joseph Paoloni
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-246
A RESOLUTION MAKING CERTAIN DETERMINATIONS IN
RELATION TO AND APPROVING THE ESTABLISHMENT OF A
PROPOSED EXTENSION TO THE WAPPINGER PARK WATER
DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY,
NEW YORK, TO BE KNOWN AS EXTENSION NO.1 TO THE
WAPPINGER PARK WATER DISTRICT IN THE TOWN OF
WAPPINGER, DUTCHESS COUNTY, NEW YORK, PURSUANT TO
ARTICLE 12-A OF THE TOWN LAW.
The following resolution was offered by Councilman Valdati who moved its
adoption, seconded by Councilman Paoloni.
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 October 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
R
10/14/2003.WS
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
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
10/1412003.WS
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
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, said Town Board has duly considered said map, plan and report
and the evidence given at said public hearing; 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 as follows:
E3
10/1412003.WS
a) The notice of hearing was published and posted as required by law
and is otherwise sufficient;
b) All the property and property owners within said proposed
Extension No. 1 are benefited thereby;
c) All the property and property owners benefited are included
within the limits of said proposed Extension No. 1; and
d) The establishment of said proposed Extension No. 1 is in the
public interest.
Section 2. The establishment of Extension No. 1 to the Wappinger Park
Water District in the Town of Wappinger, Dutchess County, New York, to be
bounded and described as hereafter set forth, and the improvements therein,
consisting of service connections for each commercial property in Extension No.
1 from the proposed new water main, including corporation valves piping and
individual curb valves and boxes, at a maximum estimated cost of $55,850, is
hereby approved. 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.
Section 3. Extension No. 1 shall be bounded and described as set forth
in Exhibit A attached hereto and hereby made a part hereof.
Section 4. This resolution is adopted subject to permissive referendum
The question of the adoption of the foregoing resolution was duly put to a vote
on roll call, which resulted as follows:
Joseph Ruggiero
Aye
Robert Valdati
Aye
Vincent Bettina
Absent
Christopher Colsey
Aye
Joseph Paoloni
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-248
RESOLUTION AUTHORIZING BUDGET TRANSFERS
The following Resolution was introduced by Councilman Colsey and seconded
by Councilman Paoloni.
9
10/14/2003.WS
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 October 10, 2003 from Gerald A.
Terwilliger, Comptroller to Supervisor and Town Board Members.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if
fully set forth and adopted herein.
2. The Town Board herby authorizes the following budget transfers
hereby temporarily amending the Town of Wappinger Budget adopted
for the calendar year 2003:
Highway Fund Budget Amendulent
Decrease DB5130.200 Machinery/Equipment $5,000
Increase DB5134.400 Machinery/C.E. $5,000
To cover expenses for machinery repairs
The forgoing was put to a vote which resulted as follows:
Joseph Ruggiero
Aye
Robert Valdati
Aye
Vincent Bettina
Absent
Christopher Colsey
Aye
Joseph Paoloni
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2003-249
RESOLUTION APPOINTING BUILDING INSPECTOR
The following resolution was introduced by Councilman Paoloni and seconded
by Councilman Colsey.
WHEREAS, the Town Board of the town of Wappinger has conducted
interviews for the purpose of appointing a Building Inspector, and
WHEREAS, the Wappinger Town Board has found George Kolb to be the
individual capable of performing the duties of Building Inspector.
NOW, THEREFORE, BE IT RESOLVED, that George Kolb is hereby
appointed as the Town of Wappinger Building Inspector.
The forgoing was put to a vote which resulted as follows:
Joseph Ruggiero
Aye
Robert Valdati
Aye
Vincent Bettina
Absent
Christopher Colsey
Aye
Joseph Paoloni
Aye
The Resolution is hereby duly declared adopted
NEW BUSINESS:
Councilman Valdati said a while back he made a motion to petition New
York State DOT to place a traffic signal at the Montclair 9D site. When
10
10/14/2003.WS
Heading north on 9D at that point the site distance is very dangerous
especially when buses are trying to get out of Montclair. He would like the
boards support to memorialize this petition. Supervisor replied he would
send a letter Mr. Dennison, the Commissioner of the DOT.
Councilman Valdati received correspondence from Hughsonville Fire District
informing him they are seriously trying to acquire a fire fighting vessel to aid
in the surrounding communities and are requesting the Town Board to
petition Albany and Washington for grant money for this purpose. His would
like the Attorney to the Town to prepare a resolution sent to Congresswoman
Kelly, Senator Saland, Assemblyman Miller, Senator Schumer and Senator
Clinton.
At this time 8:20 p.m., Councilman Colsey moved to go into Executive Session
to discuss a contract matter, seconded by Councilman Paoloni and
unanimously carried.
The meeting reconvened at 8:30 p.m. with all Board members present with
the exception of Councilman Bettina..
There was no action taken in Executive Session
Councilman Colsey moved to close the meeting seconded by Councilman
Valdati and unanimously carried.
The meeting adjourned at 8:30 p.m.
11
Gloria,J. orse
Town erk