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2001-02-12 RGM02/12/2000.WS The Workshop Meeting of the Town of Wappinger was held on February 12, 2001 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 7:45 P.M. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent At this time Supervisor Smith introduced Dick Gray of Aquastore Tanks. Because of the emergency situation at the Cider Mill Loop storage tank, his firm has been considered to construct a new water storage tank at Cider Mill Loop. Mr. Gray went over the construction, materials, and upkeep, of the proposed storage tank. Discussion followed. NO ACTION TAKEN. Jay Paggi, Engineer to the Town was authorized to investigate the feasibility of installing an 8" diameter ductile iron pipe water main on Anvil Court, located in the Wildwood Section of the North Wappinger Water Improvement Area. The proposed installation would provide improved water service to the houses on Anvil Court, which are located at one of the highest, most remote points of the system. In addition, the installation of a flushing hydrant at this point would allow CAMO Pollution Control to improve the quality of the water in the area. Mr. Paggi informed the board that the estimated cost to install this water main is approximately $54,000. Discussion followed. COUNCILMAN VALDATI moved to authorize Engineer to the Town Jay Paggi, and Attorney to the Town, Al Roberts to work up costs. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence was received from Joseph G. Olszewski, requesting permission to hook up to the Town of Wappinger water district. He has two existing wells on his property, and does not feels adding another well would be the wisest decision according to several pump companies. There is a minimal water supply in the area. He has CAMO's full support to expedite this matter in a timely fashion and would appreciate the boards support. Discussion followed. Mr. Paggi stated he had no objections, but he wishes to get a response from CAMO first and will report back to the Board by the 26th. NO ACTION TAKEN. 1 02/12/2000.WS Next are requests from the Justice Court and the Town Clerks office for salary adjustments. Judge Wolfson explained that there seemed to be some confusion with regard to his request concerning the salary and position of Danielle Lent, Deputy Court Clerk. The request to change her salary has to do with the grade level not the entry level. Her job description is in line with and appropriate to a grade 4, level 1, therefore he is requesting her salary be adjusted to a grade 4, level 1. Discussion followed. NO ACTION TAKEN ON COURT REQUEST UNTIL PRIOR EMPLOYEE HISTORY IS SUBMITTED TO THE TOWN BOARD. GLORIA MORSE, TOWN CLERK explained that both the girls in her office are Deputy Town Clerks and are a grade 3. At one time the third job was a part time position. It is now a full time position, and would be classified as a Deputy Town Clerk, therefore Mrs. Morse is requesting the third position be classified as a grade 3. Discussion followed. COUNCILMAN VALDATI moved that the third Deputy Town Clerk position be classified as a grade 3. Seconded by Mr. Ruggiero Motion Unanimously Carried A request from Tatiana Lukianoff, Zoning Administrator for permission to attend a Zoning Administration Conference in Charlotte, North Carolina from March 261h to March 28th COUNCILMAN VALDATI moved to authorize Tatiana Lukianoff, Zoning Administrator, to attend the Zoning Administrators conference in Charlotte, North Carolina, from March 26th to March 28th, and her legitimate expenses be a town charge. Seconded by Mr. Paoloni Motion Unanimously Carried Next is the vacancy on the Planning Board created by Hugo Musto whose term of office has expired. Mr. Musto indicated that he did not wish to run again, and a motion to appoint Regina Pace a Planning Board Member was tabled at the Reorganizational meeting. COUNCILMAN RUGGIERO moved to untable the motion made at the Reorganizational meeting. Seconded by Mr. Paoloni Motion Unanimously Carried The following Resolution was offered by COUNCILMAN RUGGIERO who moved its adoption. RESOLVED, that Regina Pace be and she hereby is appointed to fill the vacancy of the Town Planning Board which has occurred by reason of the expiration the term of Hugo Musto 0 02/12/2000.WS IT IS FURTHER RESOLVED, that the said Regina Pace is hereby appointed to the said Town Planning Board for a term which shall expire on the 7th day of January, 2008. Seconded by Mr. Paoloni ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Valdati Nay Councilman Bettina Nay Councilman Ruggiero Aye Councilman Paoloni Aye Motion Carried TOWN BOARD TOWN OF WAPPINGER RELATIVE TO THE APPOINTMENT OF TOWN JUSTICE The following Resolution was offered by COUNCILMAN BETTINA who moved its adoption: RESOLVED, that Heather Kitchen be and she hereby is appointed to fill the vacancy of the Office of Town Justice for the Town of Wappinger which has occurred by reason of the resignation of Gloria J. Morse, the duly elected Town Justice, and IT IS FURTHER RESOLVED, that the said Heather Kitchen is hereby appointed to be the Town Justice of the Town of Wappinger for the year 2001, and IT IS FURTHER RESOLVED THAT the annual salary for this position in the town be and the same hereby is fixed and established at the following annual rate of $21,791 for the year 2001, to be paid every Friday throughout the year. Seconded by Mr. Valdati ROLL CALL VOTE Supervisor Smith Councilman Valdati Councilman Bettina Councilman Ruggiero Councilman Paoloni VOTE Aye Aye Aye Nay Nay Motion Carried The Civil Service position of Building Inspector, having been vacated by reason of resignation of Paul Foody, was now placed before the Board. COUNCILMAN BETTINA offered the following Resolution and moved its adoption. 3 02/12/2000.WS RESOLVED, that Edward Tunmer be and he hereby is appointed provisionally, to the Civil Service position of Building Inspector for the Town of Wappinger and, BE IT FURTHER RESOLVED, that the annual salary for this classified Civil Service position in the Town be and the same hereby is fixed and established at the following annual rate of $34,410 prorated, to be paid every Friday throughout the year. Seconded by Mr. Valdati Motion Unanimously Carried The following Resolution was moved by Councilperson Ruggiero and seconded by Councilman Bettina. WHEREAS, the Town Board of the Town of Wappinger has heretofore granted a real property tax exemption to the extent of fifty (50) percent of the assessed valuation of real property owned by persons over the age of sixty- five (65) years whose combined annual income does not exceed nineteen thousand, five hundred dollars ($19,500), pursuant to Real Property Tax Law 467; and WHEREAS, it has come to the attention of the Town Board of the Town of Wappinger that the New York State Legislature has increased the level of income at which municipalities may offer property tax relief to senior citizens, as well as provided for an offset of senior citizen income by all medical prescription drug expenses actually paid, which were not reimbursed or paid for by insurance; and WHEREAS, the Real Property Tax law 467 has been amended to provide for a higher maximum income eligibility level, specifically twenty thousand, five hundred dollars ($20,500.00) and certain additional partial exemptions; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 © (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Review Act (SEQRA). NOR THEREFORE, be it resolved: 1. The Town Board hereby introduces for adoption Local Law No. _ of 2001 in the form annexed hereto. 2. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 © (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (17). II 02/12/2000.WS BE IT HEREBY FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of 2001 to be held at Town Hall 20 Middlebush Road, Wappingers Falls, New York on the 12th day of March, 2001 at 7:25 p.m., and that the Town Clerk is directed to post and publish Notice of the Public Hearing in the form annexed hereto. The question of adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Resolution is hereby duly declared adopted The following Resolution was moved by Councilman Paoloni and seconded by Councilman Bettina WHEREAS it has come to the attention of the Town Board of the Town of Wappinger that the New York State Legislature has amended Real Property Tax Law 458-a to provide that a Town may adopt a local law to authorize a real property tax exemption for the parent of a child who died in the line of duty while serving in the United States Armed Forces during a period of war (hereinafter referred to as a "Gold Star Parent") provided that such property shall be the primary residence of the "Gold Star Parent" and; Whereas, the Town Board has determined that such veterans have made a significant contribution to their country and to the Town of Wappinger and that it is appropriate to grant this additional tax relief to the parent of such veterans. NOW THEREFORE, BE IT RESOLVED: 1. The Town Board hereby introduces for adoption Local Law No._ of 2001 in the form annexed hereto. 2. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 © (20) and accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Part (17). BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of 2001 to be held at Town Hall, 20 Middlebush road, Wappingers Falls, New York on the 12th day of March 2001, at 7:20 p.m., and that the Town Clerk is directed to 5 02/12/2000.WS post and publish Notice of the Public Hearing in the form annexed hereto. The question of adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Resolution is hereby duly declared adopted Next is to award the bids for carpeting for the Town Hall. The following bids were received. Carpet Network Middletown, NY $5,065.23 Associated Carpet Wappingers Falls $4,772.00 Jordan Kane Floors Fishkill, NY $ 4,712.10 Supervisor Smith is requesting we award the bid to Associated Carpet of Wappingers Falls. As you can see they are $60 over Jordan Kane, however, Associated Carpet would be using enhanced carpet throughout, which is better than the carpet that Jordan Kane has offered. Supervisor Smith also explained that because of the time element (2 years) we are $200 short. COUNCILMAN VALDATI moved to award the bid for the carpeting to Associated Carpet for $4,772.00, plus the $200 that we are short. Seconded by Mr. Ruggiero Motion Unanimously Carried The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mr. Bettina. BOND RESOLUTION DATED FEBRUARY 12, 2001 A RESOLUTION AUTHORIZING THE ISSUANCE OF $8,590,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF A WATER IMPROVEMENT FOR WAPPINGER WATER IMPROVEMENT AREA — 1999-2(R) OF THE TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK WHEREAS, pursuant to proceedings, heretofore had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution of the Town Board of the Town of Wappinger dated October 23, 2000, said Town Board has determined it to be in the public interest to establish the Wappinger Water Improvement Area — 1999-2(R) and to provide a certain water improvement therefor at a maximum estimated cost of $8,590,000; and WHEREAS, by order dated January 23, 2001 the State Comptroller granted his approval to the Wappinger Water Improvement Area — 1999-2(R) at a cost not to exceed $8,590,000; and 0 02/12/2000.WS WHEREAS, it is now desired to authorize the issuance of $8,590,000 serial bonds of said Town to pay the cost of the water improvement proposed for the Wappinger Water Improvement Area — 1999-2 (R); and WHEREAS, the aforesaid water improvement has been determined to be an Unlisted 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, the Town Board of said Town has determined will not result in any significant environmental effects; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the water improvement proposed for Wappinger Water Improvement area 1999-2(R), consisting of the implementation of a cost-effective method of addressing existing source, supply and storage problems in specified areas of said Town, by the construction of new water wells together with interconnecting facilities, water mains and original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, to integrate certain specified existing Water Districts and Improvement Areas in said Town to form a connected system to serve a benefited area in said Town to be known as the Wappinger Water Improvement Area — 1999-2(R), at a maximum estimated cost of $8,590,000, there are hereby authorized to be issued $8,590,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $8,590,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose 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. ri 02/12/2000.WS Section 5. 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 its 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 its Town Clerk. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, including, but not limited to the power to sell said bonds for the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town 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 7. 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 matter related thereto, prescribing whether manual or facsimile signature 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 the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town, the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town shall determine. Section 8. 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 02/12/2000.WS such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 9. The Supervisor is hereby further authorized, at her sole discretion, to execute an application, 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 class of objects or purposes described in Section 1 hereof, or a portion thereof, by a serial bond or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without resorting to further action of this Town Board. Section 11. 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 apportioned and assessed upon the several lots and parcels of land within said Wappinger Water Improvement Area — 1999-2(R) which the Town Board shall determine and specify to be especially benefited by the improvements, 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 12. 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 the resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 13. This resolution shall constitute a statement of official intent for purposes of treasury regulations Section 1.150 — 2. Other than as specified in 0 02/12/2000.WS 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 14. This resolution which takes effect immediately shall be published in full in the Southern Dutchess Newspaper, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Resolution is hereby duly declared adopted The following Resolution was moved by COUNCILMAN VALDATI and seconded by Councilman Ruggiero. RESOLUTION DECLARING PUBLIC EMERGENCY AND AUTHORIZING CAPITAL CONSTRUCTION ON EMERGENCY BASIS WHEREAS, the Town Board of the Town of Wappinger has heretofore authorized the formation of the Central Wappinger Water Improvement Area (CWWIA) which provides portable drinking water to approximately Three - thousand (3,000) families in the Town of Wappinger: and WHEREAS, CWWIA has maintained and operated a one -million gallon water storage tank known as the Hilltop Water Tank, which water tank is approximately thirty-eight (38) years old; and WHEREAS, during the summer of 1999, the Town of Wappinger experienced drought conditions and in consequence thereof the Town undertook a study of existing water systems as well as an examination of additional sources of water supply; and WHEREAS, in 1991 the Town of Wappinger purchased a private water company known as the Atlas Water Company on behalf of the Wappinger- Cranberry Water Improvement Area, the North Wappinger Water District, and the Myers Corners II Water District; and WHEREAS, the Atlas Water Company has been approved by the New York State Department of Environmental Conservation for a total water production of approximately fourteen -hundred (1,400) gallons per minute, which is far in excess of what was being produced at said well site; and WHEREAS, the Town Board by Resolution dated August 4, 1999 authorized the construction of two (2) additional wells at the Atlas Water Site on an 10 02/12/2000.WS emergency basis to supplement the water supply to the Wappinger- Cranberry Water Improvement Area, the North Wappinger Water District, and the Myers Corners II Water District and the Ardmore Hills Water District; WHEREAS, as a result of the studies undertaken during August of 1999, it was determined that the Hilltop Water Tank would soon be in need of repairs; and WHEREAS, the Town Board directed the Engineer to the Town undertake preliminary studies for the formation of Wappinger Water Improvement Area 1999-2(R), which improvement was to undertake various capital repairs, including an additional water storage tank as well as repairs to the Hilltop Water Tank and various other improvements needed to supplement water supply needed by the areas served by Central Wappinger Water Improvement Area (CWWIA), North Park Water District, Myers Corners II Water District, Cranberry Hills Water Improvement Area and the Ardmore Hills Water District; and WHEREAS, as a result of a recent inspection undertaken by Underwater Solutions Inc., it was determined that the one -million gallon Hilltop Water Tank was in need of immediate attention and repair, all is set forth in a certain report dated January 17, 2001 by Under Water Solutions Inc., copy of which is on file at the Office of the Town Clerk of the Town of Wappinger; and WHEREAS, in order to make repairs to the Hilltop Water Tank, the tank will have to be taken out of service, thus requiring the immediate construction of the new water tank proposed to be constructed by the Wappinger Improvement Area 1999-2(R); and WHEREAS, the New York State Comptroller approved the formation of the Wappinger Improvement Area 1999-2(R) on January 23, 2001; and WHEREAS, the Town Board by separate Resolution has authorized a bond issue totally eight -million, five -hundred and ninety thousand dollars ($8,590,000.00) to finance the cost of the improvements authorized by Wappinger Improvement Area 1999-2(R); and WHEREAS, the Engineer to the Town, Joseph E. Paggi, Jr., P.E., Michael Tremper of Camo Pollution Control, Inc., the Town's private contractor who oversees and manages the Town's water systems, including the Hilltop Water Tank, and the Dutchess County Health Department all have advised the Town Board that the repairs to the Hilltop Water Tank should be undertaken immediately; and WHEREAS, the Dutchess County Health Department by letter dated February 5, 2001 has declared a public health emergency, a faxed copy of said letter is attached to this Resolution, marked Exhibit "A"; and 11 02/12/2000.WS WHEREAS, the Town Board has determined that immediate repairs need to be undertaken to the Hilltop Water Tank and that in order to do so, the new water tank proposed to be constructed as part of the Wappinger Improvement Area 1999-2(R) must be constructed first and that the design and the construction of said tank should be undertaken without the benefit of public bidding as otherwise required by General Municipal Law 103. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board determines that emergency conditions exist which would have a major impact in the general health and welfare of approximately 10,000 residents of the Town of Wappinger whose water supply is directly impacted by the Hilltop Water Tank and hereby declares a public emergency requiring the immediate construction of an additional water storage tank, without the benefit of public bidding as otherwise required by General Municipal law 103. 2. Based on the report submitted by Underwater Solutions Inc., dated January 17, 2001, correspondence from Joseph E. Paggi, Jr. PE, Engineer to the Town of Wappinger, reports given by Michael Tremper, Camo Pollution Inc., the Town's private contractor who oversees and manages the Town's water supply systems, and the Public Health Emergency Declaration made by Michael C. Caldwell, M.D., M.P.H., Commissioner of Health for Dutchess County, the Town Board hereby determines that emergency conditions exist requiring the prompt and immediate design and construction of an additional water tank to be built, adjacent to the existing one -million gallon Hilltop Water Tank, thus enabling the Hilltop Water Tank to be taken out of service so that the needed repairs can be undertaken. 3. The Town Board further determines: a. that the construction of the new water tank must be done on an expedited basis because to await the formal bidding procedures required by General Municipal Law 103 would be too time consuming, resulting in a several month delay in the completion of the construction of the new water tank; b. This several month delay constitutes a unwarranted risk to the integrity of the one -million gallon Hilltop Water Tank thereby jeopardizing the health, safety and welfare of approximately 10,000 residents of the Town of Wappinger whose supply is contingent on the integrity of the Hilltop Water Tank; c. Historically, the greatest demand for water usage is during the summer months from Memorial Day weekend to Labor Day weekend; 12 9 02/12/2000.WS d. If the Hilltop Water Tank fails prior to construction of the new water tank, there will be no water storage for the system resulting in: i. Loss of water pressure throughout the system and most particularly in the higher elevations of the Town; ii. Fire -fighting capabilities of the system will be substantially reduced in all areas; iii. The water pumps will have to run continuously to maintain pressure, and in time of low water usage, this will result in water being wasted when it is released through blow-out valves to reduce the pressure build-up from the pumps. e. It will take approximately three (3) months to prepare all the design documents and follow the procedures required by General Municipal Law, and award the contracts resulting in the new tank being completed in the Fall of 2001; and f. If the Bidding process is avoided, it is anticipated that the new water tank can be completed prior to August 1, 2001; if the project is delayed several months, the new water tank will not be completed until well after Labor Day, resulting in an even greater risk to health, safety and welfare of the affected residents. 4. The Town Board hereby authorizes the Engineer to the Town, Joseph E. Paggi, Jr. PE, or any member of this firm Paggi, Martin and DelBene, LLP, on a emergency basis to undertake and coordinate the design and construction of the new one -million gallon water tank to be constructed and located adjacent to the existing one -million gallon Hilltop Water Tank and have same completed as quickly and expeditiously as possible so as to enable the Hilltop Water Tank to be taken out of service for necessary repairs. 5. The Town Board further determines that the construction of the additional water tank has been authorized by the Wappinger Water Improvement Area 1999-2(R) and that appropriate funding has otherwise been authorized for the construction of same. 6. The Town Board confirms that all other construction authorized by Wappinger Water Improvement Area 1999-2(R) shall otherwise be undertaken in accordance with the bidding procedures otherwise outlined in the General Municipal Law 103. The foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance Smith, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye 13 02/12/2000.WS Joseph Ruggiero, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. COUNCILMAN VALDATI moved to authorize North East Aquastore Tanks to construct the water tank. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN RUGGIERO moved to accept Mr. Paggi's Map, Plan and Report for the amendment to Wappinger Sewer Treatment Transmission Improvement Area/Phase 3A. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize Attorney to the Town, Al Roberts to confer with Thomas Rothman for the Bonding Resolution for Phase 3A Amendment. Seconded by Mr. Paoloni Motion Unanimously Carried At this time, 8:55 p.m. COUNCILMAN BETTINA moved to go into Executive Session to discuss Cellular One, seconded by Mr. Ruggiero and unanimously carried. The meeting reconvened at 9:00 p.m. with all board members present. There was no action taken at the Executive Session. COUNCILMAN RUGGIERO moved to close the meeting seconded by Mr. Valdati and unanimously carried. The meeting adjourned at 9:05 p.m. Gloria rse Town erk ' iEI