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1998-02-23 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER FEBRUARY 23, 1998 7:30 P.M. - - - - - - - - - - - - - - - 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL >, e �`,, PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: 1/ ��� f� ;tf-k, 4. REPORTS OF OFFICERS: Sup/Compt Town Justices Rec. of Taxes Bldg. Insp. Zng. Adm. Recreation Report on '97 Recreational Programs Mark Liebermann, Fire Insp. Report on Fire Damaged Structur 5. PETITIONS & COMMUNICATIONS a. Margaret Dalia, Mina Dr. Re: increased Traffic on Mina Drive & request for "Slow, Children at Play" Sign b. Notification of intent to relocate Retail liquor Business by Viscont Wines & Liquors, Michael Visconti3Owner,to Route 9 (at Franks Nursery vacated building) $ <<���+����} .��e C" 1 mo Pleza c. John Yanarella, Old Hopewell Rd., re: Problems associated with a denial for a CO for a Home addition d. R. Holdt, Rec. Ch., requests: (1) Computer Familiarization Course for Seniors (2) Rymer/Noto Subdivision (3) Use of Town Hall by Rec. Director for evening Office hours (4) Increase of Summer Program Fees (5) Report of Resignation of Barbara- Gutzler as Rec. Member e. Request from Village of Wappingers Falls to use 3 Voting machine for March 17th E] ec r i r ,i -1 Mlfiy f. Debbie Brown, � roq nest permission to delete 19 Orchard Drive accoo, .,ow future Billings g. Curtis Rymer request r Final Acceptance of Rymer Subdivision h. Vacancy on Board of .,..:--_,sment Review i. Vacancy - Zoning board of Appeals - Expiration of Al LeHigh term (5 Year) with corr; from Zng Board members and interested person j. J. Paggi, Eng to Town, Corr: (1) 3 letters re-: Village of Fishkill/Fleetwood Water Dist.[1/16/98; 2/4 & 2/11/981 (2) Highway water line/Easement k. Victoria Barrett -Gregory -St. Francis Hospital - EAP Contract 1. Karen Hileman-Marlorville Rd., Neighborhood problem M. Sheriff Socralick corr; re: increase in hourly billing rate for Vandalism Patrtol 6. COMMITTEE kA -IEPORTS 7. BONDS & LETTERS OF CREDIT Zoning Administrators Report 8. RESOLUTIONS a. Appoint members to Board of Ethics b. Authorized DWSRF application and Project Financing & Loan Agre and authorize supervisor to sign C. Approve ServiceAgreement w/ Fleet Bani for Cash Management Services and Authorize Supervisor to Sign 9. UNFINISHED BUSINESS A. Jon Adams Corr; re: Duthcess County Water & Wastewater Authority_ b. Arlene Cole re: rockingham Easement Trench 10. NEW BUSINESS 11 ADJOURNMENT 022398.RGM 97 The Regular Meeting of the Town Board of the Town of Wappinger was held on February 23, 1998 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 7:30 p.m. PRESENT Constance Smith, Supervisor Vincent Bettina, Councilman Joseph Paoloni, Councilman Elaine H. Snowden, Town Clerk OTHERS PRESENT Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent ABSENT Robert Valdati, Councilman Joseph Ruggiero, Councilman Mr. Valdati was absent due to a family emergency. Mr. Ruggiero wished to be excused for his absence tonight, because his employer required that he attend training classes in Marlboro, Massachusetts for the week of 2/23 to 2/27. The Supervisor requested all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Regular Meeting of January 26, 1998 having previously been forwarded to the Board Members, were now placed before them for their consideration. COUNCILMAN BETTINA moved that the above stated Minutes as submitted by the Town Clerk, be and they are hereby approved. Seconded by Mr. Paoloni Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of January were received from the Supervisor/ Comptroller, Receiver of Taxes, Town Justices, Building Inspector, Zoning Administrator, Recreation Report on '97 Recreation Programs, and Fire Inspector Report on Fire damaged structures. COUNCILMAN BETTINA moved to accept the reports and place them on file. Seconded by Mr. Paoloni Motion Unanimously Carried PETITIONS & COMMUNICATIONS A letter from Margaret Dalia of 39 Mina Drive regarding the increased traffic on Mina Drive and requesting the Town for to erect "Slow, Children at Play" signs. In addition she would like a "School Bus Stop" sign placed at the corner of Mina Drive and David Loop. Mr. Foster, Highway Superintendent L1 022398.RGM informed the Board that there are signs in the area already. He will go to speak to Mrs. Dalia. COUNCILMAN BETTINA moved to refer this request to Graham Foster, Highway Superintendent for his input. Seconded by Mr. Paoloni Motion Unanimously Carried Notification of intent to relocate a retail liquor business by Viscount Wine & Liquors, Michael Visconti, owner. The Corporation is presently operating at the Dutchess Mall, Fishkill, and will be relocating to the vacated building of Frank's Nursery located on Route 9 in Wappingers Falls. COUNCILMAN BETTINA moved to accept the notification, and place it on file with no comment. Seconded by Mr. Paoloni Motion Unanimously Carried Notification from F & S Ristorante d/b/a Calabria of DeGarmo Hills Plaza, of intent to renew their liquor license. COUNCILMAN BETTINA moved to accept the notification and place it on file with no comment. Seconded by Mr. Paoloni Motion Unanimously Carried Correspondence from John Yanarella of 139 Old Hopewell Road, regarding denial for a CO on the addition to his home. The builder claims to have had full approval on all work completed before moving on to the next step. The records from the Building Department show that no approvals were given and there were no notations on file from the Building Inspector. This leaves him with an addition that he cannot legally use. Supervisor Smith informed the Board, that this is not a town problem, it is between Mr. Yanarella and the builder. SUPERVISOR SMITH moved to refer this to Attorney to the Town,A1 Roberts to send a letter. Seconded by Mr. Bettina Motion Unanimously Carried Several requests were received from Ralph Holt, Chairman of the Recreation. The first request is a computer familiarization course for Senior Citizens. They are proposing to hold this course at the Schlathaus property and to seek donation of computers for the seniors use. They have been given one system with another promised. COUNCILMAN BETTINA moved to approve the request, on the understanding that all computers will be donated, and there will be no cost to the town. 2 Seconded by Mr. Paoloni 022398.RGM 91 Motion Unanimously Carried As you know the Recreation Department would like to move the existing Hughsonville Playground from its present location at the Firehouse to the area know as the Rymer/Noto Property. A layout of the proposed park will be forwarded at a later date. In order to get into the property, we will need a curb cut from County Rout #28. We would like authorization from the Town Board to have the Engineer to the Town, Jay Paggi process the necessary paperwork to the County, including site distances, etc. to have the work completed. COUNCILMAN PAOLONI moved to authorize Engineer to the Town to assist the Recreation Department as requested by Mr. Holt. Seconded by Mr.Valdati Motion Unanimously Carried. Recreation requests permission for the use of the Town Hall facilities (Recreation Office) on either Tuesday or Thursday nights for the new Recreation Director to have evening office hours. The use would be limited when court is holding evening hours or when the building is already opened. COUNCILMAN BETTINA moved to approve the use of the Town Hall for the Recreation Director on Tuesday and Thursday nights. Seconded by Mr. Paoloni Motion Unanimously Carried Next is a request from Mr. Holt to increase the fees for the Summer Recreation program from $15 for the first family member to $30 and from $10 for each additional member to $20. Many parents register their children only as an "in case" and never use the facilities. They have no problem spending $15. They keep other children from being able to attend, especially in the beginning of the program. We believe they feel they are receiving a bargain and this feeling would not change with the increase we are proposing. COUNCILMAN BETTINA moved to table this request to a workshop for further discussion. Seconded by Mr. Paoloni Motion Unanimously Carried A letter of resignation from Barbara Gutzler as a member of the Recreation Committee was received, effective immediately. Mr. Holt is in the process of reviewing applications from past applicants and is speaking to others who have recently expressed interest. COUNCILMAN BETTINA moved to accept the resignation of Ms. Gutzler, and authorize the Town Clerk to send a letter of appreciation. 3 Seconded by Mr. Paoloni 022398.RGM Motion Unanimously Carried Leo Lowney, Village Clerk for the Village of Wappingers requests permission for the use of three (3) voting machines for their upcoming Village elections to be held on March 17, 1998. COUNCILMAN BETTINA moved to approve the request of Leo Lowney for the use of three (3) voting machines for the Village Elections to be held on March 17, 1998. Seconded by Mr. Paoloni Motion Unanimously Carried A request was also received from Susan Phillips, District Clerk for the Wappinger Central School District for the use of ten (10) voting machines for the annual election to be held on May 19, 1998. There was some discussion and Mr. Foster informed the Board, that it does cost the Highway man hours and time to deliver the machines. If the district anticipates more than one vote, they should take the responsibility of keeping the machines on site in a secure place until the vote is finalized. COUNCILMAN BETTINA moved to approve the use of ten (10) voting machines for the May 19, 1998 annual election as requested by Ms. Phillips with the understanding if more than one vote is necessary, they must take the responsibility of keeping the machines on site in a secure location. Seconded by Mr. Paoloni Motion Unanimously Carried Due to circumstances regarding a house fire on 19 Orchard Drive, a request was received from Debbie Brown, Water/Sewer Billing clerk to delete this account from any future water billings. It is the intention of the estate to demolish the remains of the dwelling and sell the property. The account is billed for water only. COUNCILMAN PAOLONI moved to authorize Debbie Brown to delete 19 Orchard Drive from any future water billings as requested. Seconded by Mr. Bettina Motion Unanimously Carried A request from Curtis Rymer for final acceptance of Rymer Subdivision. The subdivision work was completed approximately two years ago, the park land and all easements have been deeded to the Town of Wappinger, the cul de sac on Woodland Court has been maintained by the town over a year, all the lots have private owners, and the bond for the development is due for closure soon. Attorney to the Town, Al Roberts informed the Board that this subdivision was originally approved in 1993. The developer ran into difficulties and it took several years before the cul de sac and some of the 4 022398.RGM 10t other improvements were taken over by the town. It was accepted in June of 1997. Unfortunately, because the documents were so old, it took time to get it through the County Clerks office, because the state had changed the format on the equalization and assessment forms. Mr. Roberts received approval from an Attorney in Albany who interceded and finally allowed us to get the documents recorded. Mr. Rymer still owes money for the Title Policy and for back taxes which he doesn't seem to understand he is responsible to pay pending acceptance. Since he lives out of state, Mr. Roberts took upon himself to get the documents recorded. He sent Mr. Rymer a letter in December requesting payment of money owed. There is still a Maintenance Bond secured by a Letter of Credit posted which expires in May of this year. If all else fails, I wish to be authorized to have the Supervisor draw on that bond in order to obtain the payments due the town. He owes around $3,000. COUNCILMAN BETTINA moved to authorize Supervisor Smith to draw from the Letter of Credit if outstanding debts are not paid. Seconded by Mr. Paoloni Motion Unanimously Carried The next item for the Boards consideration is to appoint a member to the Board of Assessment Review to fill the expired term of Bernice Morris. COUNCILMAN BETTINA moved to table this appointment to a workshop. Seconded by Mr. Paoloni Motion Unanimously Carried Next is to fill the vacancy on the Zoning Board of Appeals which has occurred by the expiration of the term of Al Lehigh. Correspondence was received from the Zoning Board of Appeals with their recommendation, and another interested party. SUPERVISOR SMITH announced that the Board would be conducting interviews for this position on March 9th at 7:15 p.m. COUNCILMAN BETTINA moved to accept the correspondence for March 9th, when interviews will be conducted. Seconded by Mr. Paoloni Motion Unanimously Carried Jay Paggi, Engineer to the Town gave several reports concerning the Fleetwood Water District connecting to the Village of Fishkill. It appears that the Fleetwood Water District connecting to the village of Fishkill Water Distribution System will become a reality. He would like to initiate discussions with Sal Pennini of Public Finance Associated, Inc., to discuss the best avenue to take to pursue DWSRF (Drinking Water State Revolving Fund) funding. Mr. Paggi also presented a report on the meeting he attended on February 3, 1998 at Jack Railing's office to discuss the Village of Fishkill/Fleetwood Water connection. 5 0� 022398.RGM COUNCILMAN BETTINA moved to accept the report and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried The next report concerns the Village of Fishkill/Fleetwood Water District Observe Hill road/test Pit/Existing Waterline Location. The test pit that was set for February was not performed and has been rescheduled for Friday, February 20, 1998 at 9:00 p.m. by Joe Politti. All interested parties are invited to attend this test pit. COUNCILMAN BETTINA moved to accept the report and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried The last report from Mr. Paggi concerns the Highway Garage Water/Line easement. At the January 26, 1998 Board meeting, Peg O'Leary, Chief Executive of Hudson Valley Housing Development Fund Company, Inc., made a request to install an underground conduit housing electrical service in the water line easement that presently exists on their lands. As you are aware, this water main is an extension of the Village of Wappingers Falls Distribution System, and services the Town of Wappinger Highway Garage with both domestic service and fire protection. The easement was granted in 1995, and the water main was constructed later that year. Mr. Paggi has discussed this matter with the Water Department of the Village of Wappingers Falls, and recommends the electric service be installed on the west and south side of the existing water main, a minimum of 7' from the existing main. At the most northerly part of the easement near Gilmore Boulevard, it may be difficult to maintain the 7'. We would ask that the minimum distance in that location be 5' until the 7' distance is able to be maintained (approximately 50' back from the front property line). The electric line should be placed in steel conduit and shall be installed with the appropriate marking tape. I would recommend that a certified As -Built of the electric line be transmitted to this office so I may send one on to the Town and Village Water Department. In no instance should the conduit be placed in the existing ditch that was used to construct the water line. COUNCILMAN BETTINA moved to accept the report and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried Next is to approve the agreement for the Employees Assistance Program and authorize the Supervisor to sign. COUNCILMAN BETTINA moved to approve the agreement for the EAP, and authorize the Supervisor to Sign. Seconded by Mr. Paoloni C. 101 022398.RGM Motion Unanimously Carried At this time Karen Hileman of 16-18 Marlorville Road was recognized by the Board in regard to a neighborhood problem. Last month a neighbor sent a letter to the Board with several complaints. One being a Taxi business being conducted at the home, barking dogs, a snow blower being used at 4:40 a.m. and spotlights. Ms. Hilemen felt that the Town Board should have contacted her in regard to these complaints. She feels that this is harassment. Mrs. Smith went on to explain, that she would not have contacted her regarding these complaints. We do not get involved with harassment, or slander. We take care of zoning, dog complaints, etc. These issues must be handled by you. The Zoning Administrator was authorized to look into the complaints and file a report with the Town Board, which he did. The town initiated action to remedy any town ordinance violations. The remainder is a civil matter between homeowners. CORRESPONDENCE was received from Sheriff Scoralick informing the town that they have recently entered into a new collective bargaining agreement with the Deputy Sheriffs PBA. As a result of this, he wishes to inform the town that the maximum hourly billing rate for 1998 for will be $30.71 per hour. COUNCILMAN BETTINA moved to accept the correspondence from Sheriff Scoralick regarding the maximum hourly billing rate and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried The next item for the Boards consideration are the Highway Bids for Materials for. After speaking with Mr. Roberts, Attorney to the Town, Mr. Foster wished to reject the bids for Bituminous Concrete and redraft bid specs with the help of Mr. Roberts, and re -bid. COUNCILMAN BETTINA moved to reject the bids for the Bituminous Concrete and authorize Attorney to the Town, Al Roberts assist Mr. Foster to redraft bid specs and re -bid. Seconded by Mr. Paoloni Motion Unanimously Carried Upon the recommendation of Graham Foster, Superintendent of Highways, the Wappinger Bid Report for 1998 was presented to the Town Board for their consideration. GASOLINE AGWAY PETROLEUM Per Gallon, Regular Unleaded .6230 87 Octane RFG Per Gallon, Unleaded Plus .6468 89 Octane RFG The Superintendent recommends the bid for Gasoline be awarded to Agway Petroleum Corp. ri 022398.RGM FUEL OIL BOTTINI Per Gallon #2 .139 Diesel Fuel .139 The Superintendent recommends the bid for Fuel Oil and Diesel Fuel be awarded to Bottini. LIQUID CALCIUM JAMES REED Per Gallon .81 The Superintendent recommends the bid for liquid calcium be awarded to James Reed. ROAD AGGREGATES (see attached analysis) CRUSHED STONE The Highway Superintendent recommends the bid for crushed stone be awarded to Blacktop Maintenance Corp. for 5/8, 3/4, 1/2, 1 1/2, 2 1/2. The Superintendent recommends the bid for crushed stone be awarded to Clove for 1/4 & 3/8. RUN OF BANK GRAVEL The Highway Superintendent recommends the bid for run of bank gravel be awarded to Route 82 Sand and Gravel. WASHED GRAVEL The Highway Superintendent recommends the bid for washed gravel be awarded to Route 82 Sand & Gravel. SNOW/ICE AGGREGATE The Highway Superintendent recommends the bid for snow/ice aggregate be awarded to Clove. TOP SOIL The Highway Superintendent recommends the bid for top soil be awarded to Clove. CULVERT PIPE CORRUGATED METAL CHEMUNG VELLANO E.S.P. 12" - 16 ga. 4.78 4.29 4.61 15" - 16 ga. 6.18 5.56 5.88 18" - 16 ga. 7.64 6.74 7.14 24" - 14 ga 11.92 10.41 10.80 30" - 14 ga. 15.14 12.91 13.30 36" - 12 ga. 24.18 20.82 21.00 48" - 12 ga. 31.94 27.76 27.70 60" - 10 ga. 49.94 42.86 42.20 6" per£ 2.34 2.25 1.85 8" per£ 3.54 2.76 2.45 10" per£ 4.39 3.88 3.70 022398.RGM Bands Same as 1" of pipe Same as 1" Same as 1" A.D.S. REG 12" 2.59 2.36 2.295 15" 3.89 3.41 3.335 18" 5.79 5.23 5.15 24" 9.29 8.51 8.40 A.D.S. N12 12" 2.69 2.62 2.57 6W 15" 3.69 3.44 3.365 18" 5.68 5.44 5.355 24" 8.72 8.42 8.31 30" 14.04 14.10 13.97 36" 17.84 17.15 16.93 CORRUGATED METAL The Superintendent of Highway recommends the bid for corrugated metal be awarded to Vellano Bros.for 12", 15", 18", 24", 30", & 36". He recommends the bid for 48", 60", 6, 8 & 10" Perf to E.S.P. A.D.S. REG The Superintendent of Highway recommends the bid for A.D.S Reg. Be awarded to E.S.P. A.D.S. N12 The Superintendent of Highway recommends the bid for A.D.S. N12 be awarded to E.S.P. 6 COUNCILMAN BETTINA moved to award the Bids to the low bidders, as recommended by the Highway Superintendent, Graham Foster. Seconded by Mr. Paoloni Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN PAOLONI gave a short report on the Association of Towns meeting that he attended, and went over the Resolutions that were passed or defeated. COUNCILMAN BETTINA, reported that he found the courses that he attended at the Association of Towns meeting were very educational and informative. SUPERVISOR SMITH said she attended quite a few meetings at the Association of Towns, and in particular the SMART program. She would like the State Comptroller come in and conduct one of these audits. They go over everything and tell you where your danger points are. Where you may be having a problems before they occur. She would like a resolution to allow them to perform the audit. 022398.RGM The following Resolution was offered by SUPERVISOR SMITH who moved its adoption: WHEREAS, State Comptroller H. Carl McCall has instituted a program called Smart Reviews; and WHEREAS, a Smart Review entails the study of a particular function or functions of a local government; and WHEREAS, at the conclusion of a Smart Review, the Office of the State Comptroller (OSC) issues non-binding recommendations suggesting methods of containing costs and/or enhancing revenues without raising taxes; and WHEREAS, the benefits of participating in the Smart program have been discussed by those officials involved in the management of the Town of Wappinger; and WHEREAS, a Smart Review must be requested by resolution of the governing board; NOW THEREFORE, BE IT RESOLVED, that the Office of the State Comptroller is hereby invited to conduct a Smart Review in the Town of Wappinger, focusing on the following area (s): • Cash Management • Purchasing • User Fees BE IT FURTHER RESOLVED, that this Board hereby designates Constance O. Smith, as its representative to act as a liaison and contact person with OSC during the Smart Review. Seconded by Mr. Bettina Motion Unanimously Carried SUPERVISOR SMITH had a question of Mr. Close from Mr. Valdati. There is a fence behind Inter -City Tire, in need of repair and the residents are complaining, would Mr. Close call on Inter -City. COUNCILMAN BETTINA asked Mr. Close if everything at Tire King was in order and properly zoned. Mr. Close responded, yes. BONDS & LETTERS OF CREDIT Mr. Close submitted his report for the month of January on the schedule of Bonds and Letters of Credit on the various subdivisions, the amounts, expiration dates and call up dates. COUNCILMAN BETTINA moved to accept Mr. Close's report and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried m 022398.RGM RESOLUTIONS The Board Members were requested to present a person of their choice as their appointment to the Board of Ethics. Councilman Valdati offered the name of: Robert Lewis Councilman Bettina offered the name of: Heather Kitchen Councilman Paoloni offered the name of: Loretta Macaya Supervisor Smith offered the name of: Barbara McCormack Due to absence, Councilman Ruggiero will offer a name for the Board of Ethics at the next meeting. The next item for the Boards consideration is to authorize the DWSRF application and Project Financing & Loan Agreement and authorize the Supervisor to sign. COUNCILMAN BETTINA moved to accept, the following Resolution as drafted, and authorize the Supervisor to sign. WHEREAS, Fleetwood Water District, herein called the "Borrower", after thorough consideration of the various aspects of the problems and study of available data has hereby determined that the project generally described as: Fleetwood Water District interconnection with Village of Fishkill Water System Municipal Water District and identified as DWSRF Project Number 16532, herein called the "Project", is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and WHEREAS, the United States, pursuant to Title XIV of the Public Health Service Act (commonly known as the "Safe Drinking Water Act"), 42 U.S.C. Section 300f,et seq., as amended (the "Act"), requires each State to establish a drinking water revolving fund to be administered by an instrumentality of the state before the state my receive capitalization grants under the Act; and WHEREAS, the State of New York has, pursuant to Chapter 413 of the Laws of 1996 (the "DWSRF Act") established in the custody of the New York State Environmental Facilities Corporation (the "Corporation") a drinking water revolving fund (the "Fund") to be used for purposes of the Act; and WHEREAS, Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1997, as amended, and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund; and kal 101 022398.RGM WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the fund to recipients for eligible projects, as provided in the DWSRF Act; and WHEREAS, the DWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects. NOW, THEREFORE, BE IT RESOLVED BY Town Board Town of Wappinger, on behalf of Fleetwood Water District as follows: 1. The filing of an application for DWSRF assistance in the form required by the Corporation in conformity with the DWSRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The following person, as chief fiscal officer, is directed and authorized as the official representative of the Borrower to execute and deliver an application for DWSRF assistance, to execute and deliver the Project Financing and Loan Agreement and any other documents necessary to receive financial assistance from the Fund for the Project, to act in connection with the Project and to provide such additional information as may be required and to make such agreements on behalf of the Borrower as may be required. CONSTANCE O. SMITH SUPERVISOR, TOWN OF WAPPINGER 3. The official designated above is authorized to make application for financial assistance under the DWSRF Program. 4. One (1) certified copy of this Resolution shall be prepared and sent to the New York State Environmental Facilities Corporation, 50 Wolf Road, Room 508, Albany, New York 12205-2603. 5. This Resolution shall take effect immediately. Seconded by Mr. Paoloni Motion Unanimously Carried At this time Salvatore T. Pennini an associate of Public Finance Associates was recognized by the Board. While in the process of preparing the documents for the Town's upcoming bond anticipation note sale, he noted that the Town is only borrowing $480 K of the $550K needed to close the Castle Point Landfill. Given the positive spread between short term debt and investments it would be advantageous for the Town to utilize the full amount of it authorization. The Town could borrow at approximately 3.85% while investing at about 5.25%. If you find that you do not need to spend all of the proceeds of the notes, you can apply the remaining proceeds to the pay down of the notes when they mature next year. However, during the year you would have realized an approximate 1.40% positive spread on the 12 022398.RGM transaction. If it is your intent to utilize funds on hand for the project in order to draw down fund balance, it is to your advantage to do that when the notes come due and not up front. Once again, you will be able to positively arbitrage the note proceeds. It is his recommendation to amend the Resolution for the closure of Castle Point Landfill to seek bonding for $550 K instead of $480 K. COUNCILMAN PAOLONI moved to amend the Resolution for the closure of Castle Point Landfill to seek bonding for $550 K as opposed to $480 K, as recommended by Sal Pennini. Seconded by Mr. Bettina Motion Unanimously Carried Next is to approve the Service Agreement with Fleet Bank for Cash Management Service, and authorize the Supervisor to sign. COUNCILMAN BETTINA moved to approve the Service Agreement with Fleet Bank for Cash Management, and authorize the Supervisor to sign. Seconded by Mr. Paoloni Motion Unanimously Carried UNFINISHED BUSINESS Correspondence to Supervisor Smith from John Adams in regard to the Dutchess county Water and Wastewater Authority and Town of Wappinger. In furtherance of our conversations relative to the draft agreement between the Authority and the Town for purposes of a water supply grant from the Authority, the Authority's board has reacted favorable to your request and is willing to increase the grant to $10,000. However, in exchange for that additional consideration, and as a condition for it, the rates to be charged by the Town to the Authority for consumption of water (as contrasted to capital acquisition) should be 110% of the Towns cost as contrasted to the current 150%. I believe the 150% is a product of a common municipal practice both in Wappinger and elsewhere to charge out -of -district customers 150% because those customers are not subject to special assessments for purposes of recovering capital costs. As the agreement separately provides a mechanism for recovery of capital costs, the need for the larger percentage is obviated. SUPERVISOR SMITH moved to accept the $10,000 grant with the understanding that $4,000 be given to the Fleetwood residents as originally applied for, and the remainder shall go towards combined water. Seconded by Mr. Bettina Motion Unanimously Carried Additional correspondence from Arlene Cole of 4 Scott Drive satisfying her thirty day obligation to notify the Town that there are rats living in the 13 022398.RGM easement trench that runs through Rockingham Farms where it borders her property. She is notifying the Town, if Town workers do anything to disturb the nesting areas of these rats to migrate onto her property, she will hold the Town responsible for this occurrence and will expect the Town to pay for any damages to her property, including any expenses that may occur in the course of eradicating the rats from her property. COUNCILMAN BETTINA moved to accept the correspondence and place it on file. Seconded by Mr. Paoloni Motion Unanimously Carried NEW BUSINESS COUNCILMAN PAOLONI has seen some land in the north part of the Town that is going up for taxes. He feels that this property would be ideal for recreation. He wished to know how we could to go about getting information on obtaining the property. Mr. Roberts, Attorney to the Town explained, that traditionally, the Commissioner of Finance notifies the various municipalities of parcels within their community that may be of interest to them. It gives the Towns advance opportunity to submit a bid. He went on to explain the process that the County must follow before the land is put on the auction block. If Mr. Paoloni gives Mr. Roberts the grid number, he will look the property up. At this time 8:50 p.m., COUNCILMAN BETTINA moved to go into Executive Session in order to discuss the Cranberry Subdivision and the Fleetwood Water Contract between the Village of Fishkill and the Town of Wappinger Fleetwood Water District. Seconded by Mr. Paoloni Motion Unanimously Carried The Meeting reconvened 9:23 p.m. with all Board Members present. COUNCILMAN BETTINA moved to authorize Attorney to the Town Al Roberts amend the contract as discussed in Executive Session, and upon amendment, authorize Supervisor Smith to sign the contract on behalf of the Town and Fleetwood Water District. Seconded by Mr. Paoloni Motion Unanimously Carried There was no other Business to come before the Board. COUNCILMAN BETTINA moved to close the Town Board Meeting, seconded by Mr. Paoloni, and Unanimously Carried. The Town Board Meeting closed at 9:25 p.m i Elaine H. Snowden Town Clerk 14 TOWN BOARD MEETING FEBRUARY 23, 1998 EXECUTIVE SESSION—MINUTES Executive session convened to discuss the Fleetwood Water contract between the Village of Fishkill and the Town of Wappinger Fleetwood Water District. Reconvened regular Town Board meeting at 9:23 PM and authorized attorney to amend contract as discussed in executive session, and upon amendment authorized Supervisor to sign contract on behalf of the Town and Fleetwood Water District. Meeting adjourned at 9:25 PM. Constance O. Smith Supervisor COS:dly :, .f .