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1999-09-13 RGMCONSTANCE O. SMITH SUPERVISOR TELEPHONE: (914) 297-2744 FAX: (914) 297.4558 September 8, 1999 MEMO TO: FROM: RE: Public Hearing 7:00 PM 7:10 PM 7:15 PM 7:25 PM 7:30 PM TOWN OF WAPPINGER Town Board Attorney to Town Engineer to Town Media Constance 0. Smith WORKSHOP MEETING MONDAY, SEPTEMBER 13,1999 WORKSHOP MEETING: Discussions: • Chelsea Water • Cell Towers • Alpine • Atlas Well Field Update • Phase 3A Sewer Easements Update SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 CD Funds/Martz Field Handicap Codification CWWI Wells Media One/ATT merger FEMA Flood Insurance Dan Stone Kelly Lebolt Ed Kellogg Jay Paggi Jay Paggi & Al Roberts NO OTHER BUSINESS SHALL COME BEFORE THE BOARD. COS:dly 09/13/99WS The Workshop Meeting of the Town of Wappinger was held on September 13, 1999 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith opened the meeting at 7:50 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent A Public Hearing having been held on the proposed use of Community Development Funds, the matter of its adoption was now placed before the Board for their consideration. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption, and seconded by Mr. Bettina A RESOLUTION AUTHORIZING THE SUBMISSION OF THE FISCAL YEAR 2000 DUTCHESS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROJECT: HANDICAP IMPROVEMENTS FOR THE REST ROOMS AT MARTZ FIELD WHEREAS, the Town of Wappinger is participating in the Dutchess County Community Development Consortium for Fiscal year 2000, and WHEREAS, input from citizens and groups has been received and considered, and WHEREAS, an application has been prepared which addresses our community concerns. NOW THEREFOR BE IT RESOLVED, that the Dutchess County Community Development Consortium Fiscal Year 2000 application for the Town of Wappinger, including the certifications included therein be and hereby is approved. BE IT FURTHER RESOLVED, that the submission of said application to the Dutchess County Department of Planning and Development be and hereby is authorized. Motion Unanimously Carried 09/13/99WS A Public Hearing having been held on the proposed Local Law to Provide for the Codification of the Local Laws, Ordinances & Certain Resolutions of the Town of Wappinger into a Municipal Code to be Designated the "Code of the Town of Wappinger", the matter of its adoption was now placed before the Board for their consideration. The following Resolution was offered by COUNCILMAN RUGGIERO who moved its adoption. RESOLUTION TO ENACT LOCAL LAW #6 OF 1999 WHEREAS, a public hearing having been held on the 13th day of September, 1999 by the Town Board of the Town of Wappinger, notice of which was given as required by the Municipal Home Rule Law, the Open Meetings Law and the Town Law and the Town Law of the State of New York; WHEREAS, at said public hearing the Town Board considered the enactment of proposed Local Law #6 of 1999 entitled A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE TOWN OF WAPPINGER INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE TOWN OF WAPPINGER. NOW, THEREFOR, BE IT RESOLVED, that Local Law #6 of the year 1999 be enacted. Seconded by Mr. Paoloni Motion Unanimously Carried A Public Hearing having been held in the Matter of a Proposed Water Improvement in the Town of Wappinger, Dutchess County, New York Pursuant to Article 12-C of the Town Law, Known as Central Wappinger Emergency Water Improvement Area, the matter of its adoption was now place before the Board for their consideration. First is the Public Interest Resolution. The following resolution was offered by COUNCILMAN VALDATI, who moved its adoption, as drafted by Wilkie Farr, and seconded by Councilman Paoloni. PUBLIC INTEREST RESOLUTION DATED SEPTEMBER 13, 1999 A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO A PROPOSED WATER IMPROVEMENT, IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO BE KNOW AS CENTRAL WAPPINGER EMERGENCY WATER IMPROVEMENT AREA IN SAID TOWN. WHEREAS, the wells located in and benefiting the Central Wappinger Water Improvement Area are going dry and have created a public health, safety and welfare emergency for the approximately 5,000 residential X, 09/13/99WS properties located therein, for whom it is estimated no water supply will be available within three weeks of the date hereof; and WHEREAS, it has been necessary to institute immediate preparatory actions in the planning and location of appropriate sites for a new water supply source; and WHEREAS, a map, plan and report have been duly prepared, including an estimate of cost, 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 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, all for the proposed Central Wappinger Emergency Water Improvement Area, at a maximum estimated cost of $500,000 and; WHEREAS, said map, plan and report, including estimate of cost, were prepared by Paggi, Martin and 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 person or persons interested in the subject matter thereof; and WHEREAS, the aforesaid improvements have been determined to be a Type II Action pursuant to Section 617.5(c)(33) of 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, said regulations provide will not result in any significant environmental effects; and WHEREAS, the area of the Town of Wappinger, Dutchess County, New York, to be benefited thereby shall be bounded and described as set forth in Appendix A annexed hereto and made a part hereof and as depicted in the aforesaid map; and WHEREAS, it is proposed that the cost of the aforesaid improvements shall be borne entirely by the lands benefited thereby by assessing, levying upon and collecting from the several lots and parcels of land within such benefited area, outside of any village, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay principal and interest on any obligations issued pursuant to the Local Finance Law to finance the cost of the aforesaid improvements; and 3 09/13/99WS WHEREAS, said costs shall be authorized to be financed by the issuance by the Town of its serial bonds with a maximum maturity not in excess of the forty -year period prescribed by the Local Finance Law; and WHEREAS, an order was duly adopted by said Town Board on August 18, 1999, reciting a description of the boundaries of the proposed Central Wappinger Emergency Water Improvement Area, the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed methods of financing to be employed, the fact that said map, plan and report, including an estimate of cost, were on file in the Town Clerk's office for public inspection and specifying the 13th day of September, 1999, at 7:15 o'clock p.m., local time, at the Town Hall, 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 Central Wappinger Emergency Water Improvement Area and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; and WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Article 12-C of the Town Law, and proof of publication and posting have been duly presented to said Town Board; and 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. It is hereby determined that it is in the public interest to establish said central Wappinger Emergency Water Improvement Area and to make the water improvement hereinafter described and such water improvement is hereby authorized. The proposed area hereby determined to be benefited by said Central Wappinger Emergency Water Improvement Area is that area specified in Appendix A annexed hereto and made a part hereof (said boundaries being the same as those of the existing Central Wappinger Water Improvement Area). Section 2. The proposed improvement shall consist of the construction of new water wells together with interconnecting facilities, water mains and original furnishings, equipment, machinery, apparatus, appurtenances, and 09/13/99WS incidental improvements and expenses in connection therewith, at a maximum estimated cost of $500,000. The method of financing of said cost shall be by the issuance of serial bonds of said Town of Wappinger to mature in annual installments over a period not exceeding forty years and such bonds shall be payable from assessments levied upon and collected from the several lots and parcels of land deemed benefited from said improvement and located in said benefited area, so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon same. Section 3. It is hereby determined that the estimated expense of the aforesaid improvement does not exceed one-tenth of one percent of the full valuation of the taxable real property in the area of said Town outside of villages and, therefor, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement. Section 4. Pursuant to subdivision 6(d) of Section 209-q of.the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within ten days of the date of adoption in the Office of the Clerk of the County of Dutchess, New York, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement. Section 5. It is hereby further determined that all of the cost of the aforesaid improvement shall be borne wholly by property within the Central Wappinger Emergency Water Improvement Area with no cost thereof to be borne by the entire area of the Town outside of any village. Section 6. This resolution shall take effect immediately. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Smith Voting Aye Councilman Valdati Voting Aye Councilman Bettina Voting Aye Councilman Ruggiero Voting Aye Councilman Paoloni Voting Aye The resolution was thereupon declared duly adopted. Next is to vote on the BOND RESOLUTION The following Resolution was offered by COUNCILMAN RUGGIERO who moved its adoption and seconded by Mr. Valdati. A RESOLUTION AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS 5 09/13/99WS COUNTY, NEW YORK TO PAY THE COST OF A WATER IMPROVEMENT FOR CENTRAL WAPPINGER EMERGENCY WATER IMPROVEMENT AREA 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 dated September 13, 1999, said Town Board has determined it to be in the public interest to establish the Central Wappinger Emergency Water Improvement Area and to acquire and complete certain improvements therefor at a maximum estimated cost of $500,000; WHEREAS, it is now desired to authorize the issuance of $500,000 serial bonds of said Town to pay the cost of a water improvement for said Area; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to b a Type II Action pursuant to Section 617.5 (c)(33) of 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, said regulations provide will not have any significant effects on the environment; and WHEREAS, it is now desired to provide funding for such water improvement; NOW, THEREFOR, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the - 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 serve a benefited area in said Town, to be know as Central Wappinger Emergency Water Improvement Area, at a maximum estimated cost of $500,000, there are hereby authorized to be issued $500,000 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 class of objects or purposes is by the issuance of $500,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 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 101 09/13/99WS officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. 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, 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 to 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 signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designate 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 fel 09/13/99WS 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 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 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 Town of Wappinger Central Wappinger Emergency Water Improvement Area 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 advalorem 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 this resolution are not substantially complied with, and 09/13/99WS action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 13. This resolution shall constitute a statement of official intent for purposed of Treasury Regulation Section 1.1502-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 14. This resolution which takes effect immediately shall be publish in full in the Southern Dutchess News, 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: Supervisor Smith Voting Aye Councilman Valdati Voting Aye Councilman Bettina Voting Aye Councilman Ruggiero Voting Aye Councilman Paoloni Voting Aye The resolution was thereupon declared duly adopted. A Public Hearing having been held on the proposed transfer of Control of MediaOne Cable Television Franchise to AT&T, the matter of its adoption was now placed before the Board for their consideration. The following resolution was offered by COUNCILMAN BETTINA who moved its adoption, and seconded by Mr. Valdati A RESOLUTION OF THE TOWN OF WAPPINGER APPROVING THE CHANGE OF CONTROL OF THE CABLE COMMUNICATIONS FRANCHISE. WHEREAS, MediaOne of Greater New York, Inc., ("Franchisee") is duly authorized to operate and maintain a cable communications system in the Town of Wappinger (the "System") by the Town Board of the Town of Wappinger ("Franchisee Authority") pursuant to a franchise (the "Franchise") granted by the Franchise Authority; and WHEREAS, pursuant to the Agreement and Plan of Merger among AT&T Corp. ("AT&T"), a newly formed whole "subsidiary of AT&T ("Merger Sub"), and MediaOne Group, Inc., the parent of Franchisee ("MediaOne"), dated as of May 6, 1999 (the "Merger Agreement"), MediaOne will merge with and into Merger Sub with Merger Sub as the surviving corporation in the merger, and as a result of the transactions contemplated by the Merger Agreement, X 09/13/99WS MediaOne will become a wholly owned subsidiary of AT&T ("the Transactions"); and WHEREAS, Franchisee will continue to hold the Franchise after consummation of the Transactions; and WHEREAS, FCC Form 394 with respect to the Transactions has been filed with the Franchise Authority; and WHEREAS, the parties have requested consent by the Franchise Authority to the Transactions. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The Franchise Authority hereby consents to and approves the Transactions to the extent that such consent is required by the terms of the Franchise and applicable law. SECTION 2. This Resolution shall be deemed effective in accordance with applicable law. Roll Call Vote Vote Supervisor Smith Aye Councilman Valdati Aye Councilman Bettina Aye Councilman Ruggiero Abstain Councilman Paoloni Aye Motion Carried A Public Hearing having been held on the proposed Local Law Amending Local Law #6 of the year 1995 Enacting Regulations on Flood Damage Prevention, the matter of its adoption was now placed before the Board for their consideration. The following resolution was offered by COUNCILMAN RUGGIERO who moved its adoption and seconded by Mr. Bettina. LOCAL LAW #7 OF THE YEAR 1999 A Local Law entitled "Local Law Amending Local Law #6 of the Year 1995 Enacting Regulation on Flood Damage Prevention". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title. This Local Law should be known and cited as Town of Wappinger Local Law #7 of the year 1999 entitled "Local Law Amending Local Law #6 of the Year 1995, Enacting Regulation on Flood Damage Prevention", and shall reference the revised Flood Insurance Rate map completed by the Federal Emergency Management Agency. Section II: Revision of Flood Insurance Rate Map Reference 10 09/13/99WS Section 3.2 of Local Law #6 of the Year 1995, a "Local Law Enacting Regulations on Flood Damage Prevention" is amended and shall read as follows: "3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency: (1) Flood Insurance Rape Map (multiple panels) Index No. 361387000001- 0007, whose effective date is September 22, 1999. (2) A Scientific and engineering report entitled "Flood Insurance Study, Town of Wappinger, New York, Dutchess County" dated September 22, 1999. The above documents are hereby adopted and declared to be part of this Local Law. The Flood Insurance Study and/or maps are on file at the Town Clerk's Office, Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590. Section III: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, work or part thereof is held illegal, invalid or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection work or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section IV: Effective Date. This Local Law shall become effective immediately upon filing with the Secretary of State as prescribed by law. Roll Call Vote Vote Supervisor Smith Aye Councilman Valdati Aye Councilman Bettina Aye Councilman Ruggiero Aye Councilman Paoloni Aye 11 09/13/99WS Motion Unanimously Carried The first item for discussion is the Chelsea Ridge Water Supply. Supervisor Smith introduced Dan Stone of Chazen Engineering. Councilman Bettina also asked several of his constituents who were also concerned about the water situation at Chelsea. Don Rickner, Commissioner of Chelsea Fire District, Jay Rawling, Chief, Chelsea Fire District, and Tom Pauli, Assistant Chief. Mr. Stone was here tonight to represent Chelsea Ridge, and he prepared a handout for tonight's meeting. Mr. Stone informed the board that Chelsea gets its water from a bedrock aquifer, and during an average year the system works well, but the wells are hard pressed during drought. There are several options to pursue in order to obtain additional water. One is to go out and try to drill additional wells. The area has been studied extensively over the last ten years, and believe the water resource is limited to the extent, that it would be very unlikely that additional ground water supplies would be found on the Chelsea property. Another option would be to purchase wholesale water. One source would be to purchase water from the City of Beacon, or Fishkill and construct a transmission line between either of those areas and the Chelsea Development. He presented three possibilities. One would be for Chelsea Ridge to build, and then dedicate a transmission line to the Town, Beacon, as a source through the town of Fishkill, or the Village of Fishkill as a source along Baxtertown Road. If the town created a district to transmit water, then Chelsea would pay the town. Discussion followed. COUNCILMAN BETTINA moved to authorize Engineer to the Town, Jay Paggi, to look into options and get back to the board as soon as possible. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN BETTINA moved to authorize Attorney to the Town, Al Roberts and Engineer to the Town Jay Paggi review the proposals presented by Chazen Engineering to look at the additional sources from Fishkill, Beacon, Castlepoint and Village of Fishkill. Seconded by Mr. Valdati Motion Unanimously Carried Next is Kelly Lebolt of Chazen Engineering. Kelly is here to night to discuss the Cell Towers. She was in earlier, and discussed the possibility, but at the time knew one could not put up at the Highway Department, because of a previous commitment. Supervisor Smith suggested erecting it back of the State Police Barracks. Kelly introduced Kevin Brennan of Cellular One. He is the project manager for this project. Cellular One is a licensed provider of 12 09/13/99WS wireless services. They are constantly analyzing their existing network to identify areas that have poor level of service or no levels of service. She contacted Mrs. Smith in an attempt to collocate a municipal property. What they are proposing to do is construct a 150' tower and small (4'x16') building to house the equipment for the facility. What she is proposing tonight is the Town Board to consider this action, and authorize the Supervisor continue negotiations with Cellular One, so they may further discuss the proposed lease. Discussion followed COUNCILMAN RUGGIERO moved to authorize Supervisor Smith to work with Attorney to the Town, Al Roberts to research and move forward with negotiations with Cellular One. Seconded by Mr. Valdati Motion Unanimously Carried Next is Ed Kellogg of Alpine. Supervisor Smith explained the purpose of having Mr. Kellogg here tonight. We have an agreement for rezone with Alpine, and Alpine is now in contract for sale of a portion of the property. We wish to know, in that contract, do the different options agreed upon, go with the sale of the property, Mr. Kellogg stated that covenants stated in the declaration run with the land, so regardless of who owns the property, it runs with the land. It runs for four years. Councilman Valdati said, when the board originally sat down to consider rezoning parcels in that area, it was specifically put in language that it would be for a specific amount of acreage, which was considered to be part of that contract. It is his understanding that the same amount of acreage that was proposed as part of the contract is no longer tenable. Mr. Kellogg explained that there was specific properties that are included in the rezoned area. Approximately 18 acres. It included six different tax parcels. When the rezoning was adopted in January, all six tax parcels were either owned or under contract. They were not successful in acquiring two of them, even though Alpine tried its best. At this point in time, they still own, or have under contract, four parcels of land that are approximately 12 V2 acres. Mr. Valdati wished to know, from attorney Al Roberts, based on the covenant of that agreement, would a significantly reduced parcel negate the terms of that agreement. Mr. Roberts answered that the circumstances that gave rise to the contract rezone have changed, and it is his position that the contract rezone terms would have to be re- negotiated unless Alpine is able to fulfill all the stated concerns that were indicated in the contract and declaration. Further discussion followed. 13 09/13/99WS At this time 8:43 p.m., SUPERVISOR SMITH moved to go into Executive Session to obtain advice from Counsel. Seconded by Mr. Bettina Motion Unanimously Carried The meeting reconvened at 9:23 p.m. with all Board Members present. THERE WAS NO ACTION TAKEN IN EXECUTIVE SESSION. Jay Paggi, Engineer to the Town gave an update on the Atlas Well Field. He has completed the first well at Atlas, and performed a short term pump test on it. The drilling was completed on the second well on Friday. Development work was started this morning and should take about a week. After that the long term pump test will be done on both wells. The test will be done the week of the 27th and it will take the entire week and they will take quality samples to determine quality. The first report will be drafted the first week of October, submitted to the town and state agencies for the water supply permit, and after that they will be drafting plans to connect them into distribution system. NO ACTION TAKEN Next is Mr. Paggi's report on Phase 3A Sewer Easements. We have identified 4, potentially 5 easements needed for the first contract for Phase 3A, which is the Wappinger Park area. When working with Mr. Roberts office, they have developed an alternate to one of the easements which may prove a little more lucrative to the Town. The major easement, which is through the Kowalski property, has proved to be a very positive preliminary meeting with the property owner. The easement that may cause some difficulty to get to is the one through the Wappinger Park property to Hark Plaza Building #2 and #3. He is working on it. Construction wise, it is difficult, because they're encountering some hesitation from the residents in the Wappinger Park area. They are doing precise and accurate water mains in the street in order to avoid any additional cost from the back end of the project. NO ACTION TAKEN. There was no other business to come before the Board. COUNCILMAN BETTINA moved to close the meeting seconded by Mr. Paoloni and unanimously carried. The meeting adjourned at 9:27 p.m. Elaine H. Snowden Town Clerk 14 09/13/99PH A Public Hearing was held by the Town Board of the Town of Wappinger on September 13, 1999 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the purpose of making recommendations and suggestions for the use of Community Development Funds for the year 2000. Supervisor Smith opened the meeting at 7:00 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). The proposed use for these funds is: Handicap Improvements for Rest Rooms at Martz Field Supervisor Smith asked if there were any questions or comments from the audience. There were none. COUNCILMAN BETTINA moved to close the Public Hearing, seconded by Mr. Paoloni and unanimously Carried. The Public Hearing closed at 7:02 p.m. cam) datc"- �A ct,4wiu- Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED USE OF COMMUNITY DEVELOPMENT FUNDS FOR THE THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: . COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H: SNOWDEN, being duly sworn deposed and says: That she is the duly elected, qualified, and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September, 2, 1998, your deponent posted a copy of the attached notice of Public Hearing on the proposed use of Community Development Funds for the Town of Wappinger, on the signboard 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. S Q�. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me the day oftw+-998 NOTARY PUBLIC IVDA M. LIUCCI tlptary Public, Stale of Now yam No. 2381720 Cuallfied In Dutchess Coun(y QG Commission Expires 10/31/1 / Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Joan Miller ........................................................ of the Town of Wappinger, Dutchess County, New York, PLEASE,TAKE wmk mirth lbws 8=dd r»� dWWMkW g bein duly sworn, says that he is, and at the several "Mmi"apamp1ma b"S Bookkee�Jer Wnbw 14. tees, sum P.M. a ow times hereinafter was, the TQ!!r� nd.w+P .0 of the SOUTHERN DUTCHESS NEWS, a , scan newspaper printed and published every Wednesday mu;ey DMlopmwM &nd da aw � Mnldp�lq/s piopoad its WW*d ik a dor Men M,ds a fo. in the Town of Wappinger, Dutchess County, New qEhWnYork, and that the annexed NOTICE was duly K SnowdenTome f�""'`�"�` published in the said newspaper forone weeks wad Siparnbw 2, ,she successively in each week, commencing on the 9th . day of SepteBber. 1998.. and on the following dates thereafter, namely on ................................................................. and ending on the .9th....... day of .Sep: 19.2A both days inclusive. .. ....... ............ . Subscribed and sworn to before me 1 this .... th... day of .S. ptemberi9 98 Notary Public My commission expires ................................. RACHEL WISHART NOTARY FUBL1C, STATE OF NEV YORK QUALIMED IN OUTCHESS qu'lf Y M 144Sb= COMMISSION EXPIBFS MARCH U AN 09/13/99.PH A Public Hearing was held by the Town Board of the Town of Wappinger on September 13, 1999 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the proposed Local Law to Provide for the Codification of the Local Laws, Ordinances & Certain Resolutions of the Town of Wappinger into Municipal Code to be Designated the "Code of the Town of Wappinger". Supervisor Smith opened the Public Hearing at 7:10 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly sighed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of the Hearing). Supervisor Smith announced that all the laws for the Town of Wappinger would be place in one book now. They have not changed much. We will vote at the next meeting to adopt it. We have already sent a book to Dutchess County, and they sent back correspondence saying it is a matter of local concern. Supervisor asked if there were any questions or comments from the audience. There were none. COUNCILMAN VALDATI moved to close the Public Hearing, seconded by Mr. Paoloni and unanimously carried. The Public Hearing closed at 7:12 p.m. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL CODIFYING LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE TOWN OF WAPPINGER STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) ELAINE H. SNOWDEN, 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 1, 1999, your deponent posted a copy of the attached notice of Public Hearing on the proposed Local Law Codifying Local Laws, Ordinances and Certain Resolutions of 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, Duchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to efor me the 13 day ,1999 i'� �41F $kLi3v I P. apeEats NORAPY PUg1,IC. State of NewYo� pualNied in putchess Cou^tV 2 tt Pxpicas Feb. 28.20 comtnis Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 YCSVVPI OF" 41VAPPINOERI 4 r ! a GENERAL. We ^E OF ENACTMENT OF LO<3A4ft+AW F ° 1 1,r6p � 4 not of public heprhp Ar5Q1�,1 y tins alld sal he 131a�lnp duly i $' y Bepbi999to 77r tt,. the ensopns kxxl 1 X50 Bkuldf{p; EREE+yRE,°Pl El1SE TAKE ,f; I tOS� thN ilydueooneldsration t6;fItr :!�S AFFIDAVIT OF PUBLICATION tM Tbwn Bard of ;' 93. s Tangs; %Tmn of Wappinper duty enacted 101. Condominiums d!coal law on the i3th day of SapL ; E . 105. DnwFr« Soho61 00; `iµid 'Told tool law and th6' 114. Electrical �aiopted thereby shall be In full - 117. Envkcrrm�ta I " adopted effect as provided by law 122. Fees �.1 " ,: t State of New York, �:b idkrg of a coy of thli local Artiole 1 ProfsesbnN wMt the Secretary of State. The F«. { �' "'" County of Dutchess, Ipr 9"49 �d Is entitled and de• '; , Article 11 AtlorrNy se follow: Mid:lliRecreallom Town LOCAL LAWWNO.&IM "' ' ' 125. Firearms `= x Of Wa pping er. L UAW TO PROVIDE FOR 133. Flood Dam ago F�avenikn 't° V CODIFICATION OF THE LO- l 137. Freshvabn to yg# 4 tiYSt ORDINANCES AND 141. Games of FIESOLtfiON$ OF THE 145. t3o Cart Joan Miller 3� OFMAPPINGER INTO A 153. Junkyards,m. u; l ........................................................ of the SN'TO OE DESIG. , Artkk 1 Liam ft i H ' 'O"ETOWN, Article II Flour? of. Town of Wa in er !-VVAPPINGER+ 155. Noise pp g ,Dutchess County, New York, local law: 171. Parka and OON"thelegislativeIntentofthe ! ` 175. Peddlinji being duly sworn, says that he is, and at the several k forthsd« Anloi.I Moloy s ieard In adopting the Code { 150.4ropergr df�•' 'pandca�'' ,n• times hereinafter was, the .,Bookkeeper,, .,. Ioal•Mws,`ordinances and certain lands rr p $01 5fFTown of Wappkper 192 8e P `" Wax M 'Code of he ,Town tar ? = ' of the SOUTHERN' .DUTCIIESS NEWS, a �M�p4rp� fi!. , .:� , 1!) f�epeals local laws and ordi Artla.,lSanlleN newspaper `Titled and published ever Wednesday `?amass of a garterN and pemnansrtl' ' ; II;WNdwogr P P. Y Y son not included in the Code, ex. ��ePt.. i�id" 0414,�e, ' r Z. Impromnent Am ft I �j in the Town- of Wappinger, Dutchess County, New (4) 8avep from repeal certain local ' * 1 kale IVRaoklnpl t Dist add ordinanose and d«Ignat"j, k Mk4p, Ihaaerafto►aflaoledbyrapsaC Dblrlot ; . York, and that the annexed NOTICE was duly PAI*s IIIc' meaning and Invent ° ' Artktla 1/I "ire* 136 W"" 9�f•usM.doptedleplNation. (*nrlla.vll' I!r>flt _ published in the said newspaper for .:4??e...weeks to Pffl* for the illhp gf a Dopy of R Arid. VIII Ea or Connection Cada h tha bvat Ckrrk'S Olf ce.'. f' 200. $Ipn1 ,. -_- foroerlakr in . 3 20, H goslonand Si4mentConr� successively in each week, commencing on the a+,►cod... ' �^ trot. ' fMesflrbeatlarhanrrer'in;whlof, '2lasaawane ..22nd. day of Sept,�>nbeX 1995. and on the anAnewNpblatlonan �, Article Dumping Restrictions hafnocrporat.dk+roaweod. Article 11 Dumping around Regula• following dates thereafter, namely On e «tha1Code books be k e tions .' ,; '+fit" Article 111 `Littering and. Storage of, Pf6Yklea for the sale of Coda Garbage by tins town and tins supple 214. Streets end 3kfewaece . •.......................................... . .. . ................. bits t a. A �..� Exavatane ,- 2 2 n d 1 ,) u tampering with code- r�Amith offensesoL;ll Drkrewayi '�» and ending on the .............. day of Sept-...... s 'tot more than $puni250 cr Article I ble by l NotMIgNWm eCls d Mt for not mon than 15 Artlola V Me 00 *?4 19.99 both days inclusive. ipAsoMr5 cepted Streets, ' Nehaa «venbllArty V Highway, t i sY Drovl- w>Ih r_ . M� Pto fFw Code pen. r,217 8u that the locil law will .. .. `'IUtble4i ��!�! �of IIfMo l ' the � n �K i G tbrta ) �eit aPcr -- 14j i4 the'Code of the Town d ArtbN 111 Veteran I @re ubN,of Contents of; Article 1V Disable`} erg` r afollows:" Subscribed and sworn to before me LE OF CONTENT�,, V Ankle V B$Spp� 22nd a t e mb a 19. 99 FYARTI amp. & this ............. day of P... j) TRIRyVE LEGISLATION 230. Veinlldd..aa '.!../.SYN i PMovMlona ; < 234, Waler;Al , kdopllon of Code ArtiFle I Wetef' vatlon Advisory Council Regulations OeNr se andIndemnification Articl. II C car Notary Public e*". Code of District *0111 Pre and Er Sure Article 111 ONo Article IV FIs*�Nsblot t1�C5ISli and Employees ArticleVTell re« District �JACHELWISHAnT HT WnlClark ntoiHghways Article AArdmoreWNerDiNrlot � My commission expires ..11�C1lRY-RIlaUt: STAJf.4F f![�a Yn�K Aitlola N'Farm Clark . 9 Deputy Court Clerk Article;Vp WNan yy��r � d N Building Inspector ^ Article Vlll Nhter�AAMtere (1UAtIFIPU IN DU1ClI(SS f Gllil I Y 02 V..Conrptroeer +"usage 144855' TW Policiestdd Article 1, Wsppinger Park Water Pill- ra'OMNISSIUN EXPIRP& MARCH 31, �J ".Policy Article XNgSth� terDis•1 '� Rjbso Access t" tridt p Access Retention and Disposition 235. Water and Sewaclrllatges 4 Article I Late Pen ' 240. Zoning`: DATED: SEPT. i5, p99 SY ORDERORVIi TOWN BOARD OF'THE"TOWN OF i :Asii.WAPRINGERI las+w r NPWOEN, I 09/I3/99.PH A Public Hearing was held by the Town Board of the Town of Wappinger on September 13, 1999 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Matter of the Proposed Water Improvement in the Town of Wappinger, Dutchess County, New York Pursuant to Article 12-C of the Town Law, Known as Central Wappinger Emergency Water { Improvement Area. Supervisor Smith opened the meeting at 7:15 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Postings and Publication duly signed and notarized. (These Affidavits are attaches hereto and made part thereof of the Minutes of this Hearing). The purpose of the Hearing is to authorize the Issuance of $500,000 Serial Bonds of the Town of Wappinger, to Pay the Cost of a Water Improvement for Central Wappinger Emergency Water Improvement Area of the Town of Wappinger. Supervisor Smith announced, that this an emergency situation, the tank at Hill Top sprung several leeks, and we were running out of water. Supervisor Smith asked if there were any questions or comments from the audience. The Board recognized Vic Fanuele of Wildwood Drive. Mr. Fanuele wished to know who would be paying for the wells. Mr. Paggi answered that it is proposed on the map, plan and report to have the four districts that purchased the Atlas Well Field participate in the drilling of these two wells. North Wappinger Water Improvement, which is commonly known as the Atlas Water District, The Central Wappinger Water Improvement, and its tenant district which is called the Ardmore Hills Water Improvement, the Cranberry Hills Water Improvement, and the Myers Corners II Water District. Mr. Fanuele wished to know who is going to pay for water, the wells, and the piping up to where it has to go to solve the emergency. Mr. Paggi answered, that the only improvement that is before the board at this time, is the drilling of two wells and tying into the Atlas distribution system. The Atlas distribution system in turn feeds the Pizzagalli booster station. What these two wells will do, will provide an ample supply of water to the booster station to allow 400 gallons a minute, theoretically from Atlas to CWW. In 1 09/13/99.PH the overall scheme, these two wells become part of five, and they will pump to a dedicated line from the Atlas well field to a new water storage facility site. Mrs. Pace was recognized by the Board, and she wished to know what the cost per home owner would be. She was told about $9 per Benefit Unit. Steve Otterman wished to know if the aquifer would be able to handle these two additional wells. Mrs. Smith answered, that a study was performed several years ago, and that study indicated to us that the aquifer is very good. Wendy Stafford of Old Hopewell Road wished to know since the state of emergency would this open up to let people into the district in the future.. Supervisor Smith answered that when the state of emergency is lifted we won't go drastically back, we will go to a water ban, it means that people with private wells will be able to use their water. After the tanks replenish we will go off completely. Mr. Fanuele wished to know the timetable for the wells. Mr. Paggi said, in about four weeks from today. There were no other comments or questions from the audience. COUNCILMAN RUGGIERO moved to close the Public Hearing, seconded by Mr. Paoloni and unanimously carried. The Public Hearing closed at 7:29 p.m. ( I %t*Q Elaine H. Snowden Town Clerk - TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF NOTICE OF PUBLIC HEARING IN THE MATTER OF A PROPOSED . WATER IMPROVEMENT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK PURSUANT TO ARTICLE 12-C OF THE TOWN LAW, KNOWN AS CENTRAL WAPPINGER EMERGENCY WATER IMPROVEMENT AREA STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) POSTING ELAINE H. SNOWDEN, 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 August 25, 1999, your deponent posted a copy of the attached notice of Public Hearing on the proposed Water Improvement in the Town of Wappinger, Dutchess County, New York, pursuant to Article 12-C of the Town Law, to be known as Central Wappinger Emergency Water Improvement Area, 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, Duchess County, New York. Q,Gll4 l� \ ,t,tur� Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me the/S— day o '1999 A`gF-a� p. epee of Ne,NYotk NOTARY PUBLIC N()101 p'«hess pualiiied in F eb. CoMmissio� ExV� r e s 28. Southern Dutchess News .14 fsK s 44*4s%r w 37 8 4r98W W 43111 W -�,d 46643W W A T4 644TInr w I I 9' Irw i4-iiir W 8 45 -WW W 8,44%rinW d(ft I C�UOVj-:": 0'j 4M -W W W3107— `,'llf"*W41rW "A,84VVIS- N 2r2nV N 20P9114160 :+N N M4OMV164W, ., N 29WIV N 20W"l OWW Melon; i= also. 914 297-3723 �TRFFT — PPINGERS FALLS Njavinr)Luthe "a on,thefroncpapobgr AFFIDAVIT OF PUBLICATION 0 p and p an : ftseg I elevator f oly Communion is ober of New York, and fifth Sundays of th withopeclalt!wIty of Dutchess, and uke PIW* oil th h at S,20aT 4an of Wappinger. I join #*, Joan Miller ........ of the ........... C1'1*015�0'p of Wappinger, Dutchess County, New York, over, years, Ia& i.BasicjAgjwg duly sworn, says that he is, and at the several G a Gatti -l5 hereinafter was, the ........ PRRN 9 P XASu oci&1Hal1),,::: t&he SOUTHERN DUTCHESS NEWS, a etiroealtGroup U�.Adultandcwldmnp aper printed and published every Wednesday aomoftwaft yo to atteof*6 Town of Wappinger,Dutchess County, New iW, ultlibrary,&Modor� .,Thmam&Iw4#, and that the annexed NOTICE was duly ortunities 4 which `--`W-shed in the said newspaper for M� ni .....weeks sie Alliance ssively in each week, commencing on the 4: psie i8e cm. our-Sluf& t h August ... day of .............. 19�� ly Morning Wo5 . and on the 5 0 y Schoolfor all at hip'Service'at 10.4#ving dates thereafter, namely on .......................................................... NorshipSiiVicoatill vitieminclud4�au*nding on the .... 25.tjj.. day of.August. aysell:930arnwithno, Ti rnest7amobwe"7 both days inclu -j Stwp�gnd Ppyti Mt Cu iin % and "IS iQd gcadea 7-12 on office a4454-2560 deuin¢ the week; d.1tu Ays APO. rueetsatnoonon n ribed and sworn to before me Alliance Z5tfi...day 0 W.9.9. A j alba act 0 6 1 11, is local churcpta lion SIV40 Notary Public mmission expires ................................. Vit W. tIACHP-1 WISp4ttr E"', 784 01 NEW ?m 14-4a6.W 902 Gps1NiY SIDIV Ex#jra U40M 00 09/13/99.PH A Public Hearing was held by the Town Board of the Town of Wappinger on September 13, 1999 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Transfer of Control of MediaOne Cable Television Franchise to AT&T. Supervisor Smith opened the meeting at 7:30 p.m. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Jay Paggi Engineer to the Town Al Roberts, Attorney to the Road Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing. Supervisor introduced Diane Rainey, Director of Public Affairs, with MediaOne, and with her tonight is Phil Shapiro who is with AT&T. Ms. Rainey went on to explain that AT&T is merging with MediaOne. They will ultimately become the parent company of MediaOne. MediaOne has plans in the very near future to begin upgrading to offer broad band services. This means increased video channels, high speed data service, eventually phone service, and interactive services. This is something they would have done eventually, regardless of AT&T coming aboard. What they are asking the board to consider tonight is whether or not they feel AT&T has the legal, technical and financial needs to become the parent company of MediOne. Mr. Shapiro, of AT&T gave a short presentation on the nature of the merger. What they hope to do with MediaOne's facilities, is to offer a complete package of local, long distance and cable services. Competition would also lower rates in the community. Mr. Shapiro asked if anyone from the audience had any questions regarding the merger. Vic Fanuele asked if any of the homes would have to be rewired. Mr. Shapiro answered, "no". He also explained that the consumer will be receiving more services. Jim Wolensky of South Avenue asked, if one company buys everything, what will happen. Mr. Shapiro answered that it would create more competition. There were no more questions or comments from the audience. COUNCILMAN RUGGIERO moved to close the Public Hearing, seconded by Mr. Bettina and unanimously carried. The Public Hearing closed at 7:45 p.m. 09/13/99.PH Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON PROPOSED TRANSFER OF CONTROL OF MEDIAONE'S CABLE TELEVISION FRANCHISE TO AT&T STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, 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 1, 1999, your deponent posted a copy of the attached notice of Public Hearing on the proposed transfer of control of MediaOne's cable television franchise to AT&T, 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, Duchess County, New York. Sworn to before me the day of '1999 aQLIt I \�- 2,"M sct'- Elaine H. Snowden Town Clerk Town of Wappinger ALBERT P. ROBERTS NOTARY PUBLIC, State of New Yotk oualified in Dutchess COUntbL6, Commission Expires Feb. 28, 20 Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION err State of New York, County of Dutchess, Town of Wappinger. Joan Miller ........................................................ of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the .13.Q.Qkkeeper ......... LEGA�NO"I)M.' REQUESt F W TELVISM of the SOUTHERN DUTCHESS NEWS, a 6F OF $FFA OF A newsp 13. t8&11 a rrh Ma aper printed and published every Wednesday of Of AW0044 P0 transfV ,,a 0 ,1 in the Town of Wappinger, Dutchess County, New i'MedloOne's "ble,,, chi" to AT&TjkA An, appiloallm fore rthap York, and that the annexed NOTICE was duly tronft Is av*kW* fat Om In ft,*ArN War published in the said newspaper for one ... weeks o#lw durinp rapuaf 4r#4 Dited: I Elshe successively in each week, commencing on the 10M C k I , iIst Se r T&Wn ager p nptember 99 ........... day of ................... 19..... and on the following dates thereafter, namely on ................................................................. and ending on the .....lst ......... day of Sept....... C, 19.99 both days inclusive.. Uslvc* .. . ................................... Subscribed and sworn to before me this ... day of Se .emb r. ...... 19 Notary Public My commission expires ....... VIACHEL WSHAVY ...... MYARY PUBLIC, W-4 (Jr ClUAIAPED IN Ci.I i?.'; ^'0MM1SS!(fl F'Tii :S ft"11.1;i0i Ji, 09/13/99.PH A Public Hearing was held by the Town Board of the Town of Wappinger on September 13, 1999 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Proposed Local Law of the Year 1999 Amending Local Law #6 of the Year 1995 Enacting Regulations on Flood Damage Control. Present: Constance Smith, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Joseph Ruggiero, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk Others Present: Jay Paggi, Engineer to the town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and part thereof of the Minutes of this Hearing). Supervisor Smith announced that we have to renew the regulations every so often, in order for residents to get flood insurance. There were no questions or comments from the audience. COUNCILMAN BETTINA moved to close the Public Hearing, seconded by Mr. Paoloni, and unanimously carried. The Public Hearing closed at 7:47 p.m. Elaine H. Snowden Town Clerk 1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING -- NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW # _ OF THE YEAR 1999 AMENDING LOCAL LAW #6 OF THE YEAR 1995 ENACTING REGULATIONS ON FLOOD DAMAGE CONTROL STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) ELAINE H. SNOWDEN, 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 1, 1999, your deponent posted a copy of the attached notice of Public Hearing on the proposed Local Law Amending Local Law #6 of the year 1995 Enacting Regulations on Flood Damage, 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, Duchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me the /13 day of , 1999 403ERT P goBERTS York NdTARY PU8LIC. State of New css pualilied in 00,ei8.20 O -G NOTARY PUBLIC Commission Expires Feb. 28.2 -�""' Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, NorlcE,oF isud�Emli da) `+ Town of Wappinger. _. TOWN Or,WAR+NNOER 94 wIn aondudt a:0 RIi 0 HEARIwe Joan Miller the I dar�rai3apta�ba� 1e�,�) ........................................................ of the X7:30 Arn, okft'Town,Haµ"Towrf"of l w:ppingorsN4New akatR„nud,o Town of Wappinger, Dutchess County, New York, the am ps in kftrsp�w °''°"h""°^ (o,gehss _,, being duly sworn, says that he is, and at the several as to whs0*4 ! lbw no11� 11 f ata Town d VYapplrrper 13iidopt. posedLooif1La� 9. '11 Vberr+, times hereinafter was, the .J3oakki~�pe~x ......... 1'1969, Amendkp'L09414 08—b t year 1er NM Iar,Np qts ! VY redly refer of the SOUTHERN DUTCHESS NEWS, a nsuw ','�i rotii% newspaper printed and published every Wednesday Managern'� that oopkfeiblagaW� in the Town of Wappinger, Dutchess County, New availablrfo4 ,a1 d'• °14°x' York, and that the annexed NOTICE was duly p.in%Il�Me '. I Roadiwappin* ftlle Now '&k. published in the said newspaper for Ogle ...weeks PLEkSMIAMFUMER'NOT, , that the Town Board has detorsuccessively in each week commencing on the that purauanttoe NYORRA1h8,tha ! + P►opo•ed adogilon of �tonman • , 1st September 99 tlonedlooal4wbk1�,11actlon.,. ........... day of 19..... and on the not requiring Envlronminial Review pursuant to the Now *rkState Ern, following dates thereafter, namely on 066mental Quality iReviaw Act + (8EORA) or pursuant to1wal Law,; #8 of .1992 or pursuyttto A NYCRR................................................................ . Part 817, and abcordNV,, no, anvF ,. ronmentalTwlewhas byentaken. and ending On the 1st 9Y ORDER OF THEICNVN" o day ofSegt....... BOARD OF THE TOWN OF WAPPINQER 19.99 both days inclusive. _ ELAINE H; SNOWDEN F: , TOWN CLERK Dated: August 28.' 1999 ' ^ Subscribed and sworn to before me this ...l.s.t..... day ofS to .... � 1 R9 N..`.... . Notary Public My commission expires RACHEL WISHART NOTARY PUBLIC. STA I F OE S"I YDRK 01LIAL1,MED IN DUTC!!'.^S (;f)UNfy `O'4411'SIQN EXPIRES MARCH 31, 0,,Q