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1998-01-26 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JANUARY 26, 1998 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Dec. 22, 1_997 Jan. 5, 1998 Jan. 12, 1998 4. REPORTS OF OFFICERS: Sup/Comet Town Justices Receiver of Taxes Bldg. Insp. Zng. Adm. Recreation Attendance report, '97 i Dog Control Officer 5. PETITIONS & COMMUNICATIONS a. Association of Towns Material for Feb. Meeting b. Mr. & Mrs. Krysty, Marlorville Rd. -re: Complaint about noise, dogs, lights, CB Radios and Taxi/Service activities of neighbor C. J. Ennesser, T/W Greenway Comm., request assistance in obtaining authorization to use the Tri -Muni easement d. Request from G. Foster, H. Supt. to advertise for bids for Highway Road Aggregates, oil, etc e. G. Foster, 11. Supt., MEMOS re: (1) New Highway employee (2) Wheeler Hill Rd/DeGarmo Hills -Regency Drive j f. Requests for return of Escrow Fees from: (1) Colandrea Construction -Permit paid in error, $20 (2) O'Donnell Develop- ment Crop. Lot #13 Evergreen estates -$500 (3) Presidential � Homes, Inc., Orchard Dr. Driveway $1,500 (4) James & Mary Raible, Lot #7 Woodland Ct, $1,000 (5) Ferrari & Sons, Inc. I Plans & Specs deposit refund $25 g. J. Paggi, Eng to Twn. Reports (1) Nessler/Myers Corners Rd (1/9/98) (2) Request for Change Order #1 for Castle Point Landfill Closure (3) Request for Change Order #1 Wapp. Sewer Trans/Treatment Imp. Contract #1.4 I h. R. Holt REc. Ch., Requestf for: (1) Budget transfer to return $200 to Parkland Trust Fund (2) P.O. For F-935 Mower from Adams Power Eq. @ $12,489 (3) Brush Chipper - Vermeer Sales @ $11,559 (4) Bleacher Frames from Miracle Recreation @ $2,242 (5) Steel Picnic Tables from Miracle Rec. @ $2,172 (6) Custodial) Services WCS Dist, $1,263.36 (7) Memo on Chelsea boat docks, Phase 2 - Design & implentation of Up -Grading i. Dutchess Co. Dial -a -Ride Agrement - Consider,accept and Authorize' Supervisor to Sign j. A. Roberts - Civil Right Policy i 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zng. Adm. Report 8. RESOLUTIONS a. Consider adoption of Local Law for Congregate Care b. Fleetwood Bond Resolution C. Designation of the Hudson River as an American Heritage River d. Consider Bids for Rockingham Sewer Line Rehabilitation e. Vacancy on Zoning Board of Appeals - Term end of A. LeHigh (5 Year Term) f. Vacancy - Chairman of Planning Board g. Appointment of Director of Recreation 9.. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: PUBLIC HEARING ON Con reate Care Local haw @ 7 P.M. 012698.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on January 26, 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 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 Gerald Vergilis , Acting Attorney to the Town Graham Foster, Highway Superintendent ABSENT Al Roberts, Attorney to the Town The Supervisor requested all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Regular Meeting of December 22, 1997, Reorganizational Meeting of January 5, 1998, and Workshop Meeting of January 12, 1998, having previously been forwarded to the Board Members, were now placed before them for their consideration. COUNCILMAN VALDATI moved that the above stated Minutes as submitted by the Town Clerk, be and they are hereby approved. Seconded by Mr. Bettina Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of December were received from the Town Justices, Supervisor/Comptroller, Receiver of Taxes, Acting Building Inspector, Zoning Administrator, Dog Control Officer, and Recreation Attendance Report for 1997. COUNCILMAN RUGGIERO moved to accept the reports and place them of file. Seconded by Mr. Bettina Motion Unanimously Carried PETITIONS & COMMUNICATIONS The first item for the Boards consideration is to go over the Resolutions that will be up for adoption at the Association of Towns Meeting to be held in February, 1998. Councilman Paoloni has been designated as the Representative to the Annual Association of Towns Meeting. In accordance with the Association's Constitution and By-laws, Article VII Section 2(b) only the resolutions favorably reported by the Resolution Committee shall be 1 012698.RGM presented for a vote. Any resolution favorably reported by the Resolution Committee shall be presented to the Delegates who shall either adopt or defeat same. COUNCILMAN VALDATI moved to support Resolution #1 Protect Municipal Deposit and Investment Options. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN VALDATI moved to support Resolution #2 Code Enforcement Aid. J" Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN BETTINA moved to support Resolution #4 Interest Rates on Judgments and Accrued Claims. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILMAN VALDATI moved to support Resolution #5 Notification of Toxic Spills. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN BETTINA moved to support Resolution #6 GASB's Governmental Accounting Standards. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN RUGGIERO moved to support Resolution #7 ISTEA Reauthorization. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN BETTINA moved to support Resolution #8 Prior Notice and Recreation Land Liability. Seconded by Mr. Valdati Motion Unanimously Carried. COUNCILMAN BETTINA moved to support the Property Rights Resolution. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Mr. & Mrs. Stephen Krysty of 14 Marlorville Road, with complaints about noise, dogs, flood lights, CB radios and Taxi Service that is being created by their neighbor, Mr. William Brower of 16 Marlorville Road. Supervisor Smith informed the Board that the Dog Warden had answered a complaint on the Rottweiler's. 2 COUNCILMAN VALDATI moved to authorize Zoning Administrator, Don Close inspect the area and report back to the Board with his recommendations. Seconded by Mr. Bettina Motion Unanimously Carried A letter from Joseph Ennesser of Recreation, and also affiliated with the Town of Wappinger Greenway Committee requesting the assistance of the Town Board in obtaining authorization to use the Tri Municipal easement as part of the Greenway Trail Network. The area they are interested in is the easement from Route 9 to 9D and Route 9D back into Reese Park area. The proposal if accepted, will provide access from Route 9 Alpine Commons complex, Wappinger Town Hall, and Wappinger Jr. H.S. across 9D into the Reese Park Complex, which is the focal point/junction for the overall Town of Wappinger Greenway trails, as well as the Audubon property along the lower Wappinger Creek. COUNCILMAN BETTINA moved to furnish Mr. Ennesser assistance in obtaining authorization to use the Tri Municipal easement as part of the Greenway Trail Network. Seconded by Mr. Valdati Motion Unanimously Carried A request from Graham Foster Highway Superintendent for permission to advertise for bids for Highway Road Aggregates, oil, etc. COUNCILMAN VALDATI moved to authorize Graham Foster, Highway Superintendent to advertise for bids for Highway Road Aggregates, oil, etc. Seconded by Mr. Bettina Motion Unanimously Carried At this time, Mr. Foster also requested permission to advertise for bids for the annual Town wide cleanup at this time. COUNCILMAN VALDATI moved to meet at a workshop prior to authorizing Mr. Foster to advertise for bids for the annual Town wide cleanup. Seconded by Mr. Ruggiero Motion Unanimously Carried Several memos were received from Graham Foster, Highway Superintendent. The first concerns the disclosure of the hiring of a relative for the Highway Department. Supervisor Smith told Mr. Foster, that he misunderstood what she said to him. He only has to disclose it publicly that he has two son -in- laws working for Highway, that's all. Based on nepotism. You just disclosed it, so it does not make any difference. COUNCILMAN RUGGIERO moved to table this to an Executive Session. Seconded by Mr. Bettina 3 Z� 19 012698.RGM Motion Unanimously Carried Mr. Foster is also requesting the Town Board to authorize Jay Paggi, Engineer to the Town to map and prepare the description of the easement required from Dr. Schwartz and Greystone to complete the Wheeler Hill Project. COUNCILMAN VALDATI moved to authorize Mr. Paggi, Engineer to the Town to map and prepare the description easement required for Wheeler Hill Road, and also move to include Attorney to the Town Al Roberts be involved in the preparation of easements. Seconded by Mr. Bettina Motion Unanimously Carried The last memo from Mr. Foster concerns the Muti-Modal projects on DeGarmo Hills Road and Regency Drive. It appears our reimbursement for this project has been severely scaled back to $30,000. We must file a project information sheet to confirm the projects eligibility. Since the maximum reimbursement we can expect is only estimated to 30% of the project we will have to find the funding for the job. There is no money in the highway budget for this project in calendar year 1998. He is requesting to have Jay Paggi, Engineer to the Town be authorized to start the preliminary engineering on these two Multi- Modal projects. COUNCILMAN RUGGIERO moved to table this request to a workshop. Seconded by Mr. Bettina Motion Unanimously Carried Several requests for the return of Escrow Fees. (1) Collandrea Construction, permit paid in error $20. (2) O'Donnell Development Corp., Lot #13 Evergreen Estates $500. (3) Presidential Homes, Inc., Orchard Drive, Driveway $1,500. (4) James & Mary Raible, Lot #7 Woodland Court $1000. (5) Ferrari & Sons, Inc., Plans & Specs deposit refund $25. COUNCILMAN BETTINA moved to authorize the return of the above Escrow Funds, based on the recommendation of the Acting Building Inspector and Engineer to the Town. Seconded by Mr. Valdati Motion Unanimously Carried A Report and several requests from Jay Paggi, Engineer to the Town. As per your request, please be advised that the parcel of land located on Myers Corners Road just west of Roberts Road and, as discussed with Doug Nestler, is located within the Phase 1 of the Wappinger Sewer Transmission Treatment and therefore, has current available capacity for sewer. A review of the records would indicate that the parcel is not located within the confines of any water district, and therefore, count not use the services of Central 4 57 012698.RGM Wappinger Water Improvement or Oakwood Knolls Water District without the benefit of a Water Supply Application. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Next is a request for Change Order #1 for the Castle Point Landfill Closure Project. The purpose of this Change Order is to revise the project completion time as defined under the Specifications in order to avoid construction during inclement winter months. COUNCILMAN BETTINA moved to approve Change Order #1 for the Castle Point Landfill Closure Project as requested by Mr. Paggi. Seconded by Mr. Ruggiero Motion Unanimously Carried The last request submitted by Mr. Paggi is for the approval of Change Order #1 for the Wappinger Sewer Transmission/Treatment Improvement contract No. 1.4. During the demolition of the bio -disk at the Oakwood Knolls Sewage Treatment Facility, approximately 12,500 gallons of sludge was found at the bottom of the tank. The presence of the sludge was not foreseen during the design of the project, and had to be hauled by an approved contractor, and the amount of the charge was $2,443.75. COUNCILMAN VALDATI moved to approve the Change Order #1 for the Wappinger Sewer Transmission/Treatment Improvement contract No.1.4 as requested by Mr. Paggi. Seconded by Mr. Bettina Motion Unanimously Carried Next are a number of requests from Ralph Holt, Recreation Chairman. At the April 14, 1997 Town Board Meeting it was approved that $1,500 be transferred from the Parkland Trust Fund to A-7110.4 in order to have new pilings placed for the Chelsea docks. The actual charge for this work came to $1,300. We therefore request that the balance of $200 be returned to Parkland Trust Fund. COUNCILMAN PAOLONI moved to approve the Budget transfer of $200 to Parkland Trust Fund A-7110.4 as requested by Mr. Holt. Seconded by Mr. Valdati Motion Unanimously Carried Mr. Holt requests permission to obtain a P. O. payable to Adams Power Equipment in the amount of $12,489.00 for the purchase of a John Deere 5- 935 mower with a 72" deck and a 4 post canopy. Three estimates were received, they being the lowest. The funds are allocated under Recreation Budget Equipment A-7110.2. SUPERVISOR SMITH informed the Board 5 012698.RGM that anything over $8000.00 must go to Bid therefore a P.O. can not be approved. COUNCILMAN Ruggiero moved to authorize Recreation to go out to Bid for the purchase of the mower, because the request for a P. 0 is over $8,000 Seconded by Mr. Bettina Motion Unanimously Carried A second request from Mr. Holt to obtain a P.O. payable to Vermeer Sales and Service, Inc., in the amount of $11,559.60 for the purchase of a Vermeer 625 Brush Chipper with a 23.5 hp Perkins diesel engine. Three estimates were received, they being the lowest. The funds to come out of Recreation Equipment A-7110-2. COUNCILMAN RUGGIERO moved to authorize Recreation to go out to Bid for the Brush Chipper because the request is over $8,000. Seconded by Mr. Bettina Motion Unanimously Carried A third request from Mr. Holt to obtain a P.O. payable to Miracle Recreation in the amount of $2,242 for the purchase of 2 bleacher frames with side and back rails. The wood for the seats and foot planks will be purchased locally and will be approximately $240 additional for each frame. Four estimates were received, Miracle Recreation being the lowest. The funds for this purchase are in Recreation B-7310.2 Equipment. COUNCILMAN VALDATI Moved to approve the P.O. in the amount of $2,242, payable to Miracle Recreation for 2 bleacher frames with side and back rails, as requested by Mr. Holt. Seconded by Mr. Ruggiero Motion Unanimously Carried The fifth request from Mr. Holt to obtain a P.O. payable to Miracle Recreation in the amount of $2,172.00 for the purchase of four 8' all steel picnic tables. Four estimates were received, Miracle Recreation being the lowest. COUNCILMAN RUGGIERO moved to approve the P.O. in the amount of $2,172.00 payable to Miracle Recreation for the purchase of four 8' all steel picnic tables, as requested by Mr. Holt. Seconded by Mr. Valdati Motion Unanimously Carried The last request from Mr. Holt is for permission to obtain a P.O. in the amount of $1,263.36, payable to the Wappinger Central School District for custodial services for our Saturday morning Boys & Girls Gymnastic Program to be held from January 10th to May 9th 1998. The funds are allocated in Recreation Account A-7110.4 Fc e5 41 012698.RGM COUNCILMAN VALDATI moved to approve the P.O. in the amount of $1,263.36 payable to the Wappinger Central School District for Custodial Services for the Saturday morning Gymnastic Program, as requested by Mr. Holt. Seconded by Mr. Bettina Motion Unanimously Carried A memo from Joseph Ennesser, Recreation Committee member, alerting the Board that they will be starting Phase 2, design and implementation of upgrading Chelsea Boat Dock System. Phase 2 consists of providing an additional finger dock to be attached to the new aluminum, welded fabricated docks which were installed in May, 1997. As a result of the special fabrication, we will be looking at working with the original design engineering from Ecological Specialties, who did all the initial design engineering for the total dock system and who presently has stock material, fabrication patterns, weld assembly fixtures on hand to complete the job as per their original design. Based on these reasons, the Commission is looking for your support in allowing us to move forward on this matter. We hereby request permission to obtain a P.O. payable to Ecological Specialties for this additional finger. Up to $6000 has been allocated under budget A-7110.4 for this. COUNCILMAN BETTINA moved to approve a P.O. for up to $6000 for Phase 2, design and implementation of upgrading of Chelsea Boat Dock System, as requested by Recreation member, Joseph Ennesser. Seconded by Mr. Valdati Motion Unanimously Carried The next order of business is to consider, accept and authorize the Supervisor to sign the Dial -a Ride Agreement for 1998 with Dutchess County. COUNCILMAN VALDATI moved to accept the Dial -a -Ride Agreement for 1998 with Dutchess County, and authorize the Supervisor to sign. Seconded by Mr. Ruggiero Motion Unanimously Carried COUNCILMAN RUGGIERO Moved to adopt the following EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION POLICY. TOWN OF WAPPINGER EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION POLICY I. POLICY: The Town of Wappinger hereby affirmatively adopts a policy of non- discrimination in its personnel and employment practices to ensure equal 7 012698.RGM opportunity to all individuals who are or may be employed by the Town. In accordance with Federal Law and Title I of the American with Disabilities Act, the town of Wappinger hereby prohibits discrimination because of race, color, sex, national origin, religion, age or handicap in all employment practices, including, but not limited to, hiring, firing, promotion, compensation, interviewing, employee training, transfers, termination and supplier relations. It is the policy of the Town of Wappinger that no person shall, on the grounds of race, color, sex, national origin, religion, age or handicap be subjected to unlawful discrimination in employment, the provision of governmental services, or any other governmental function. II. GUIDELINES: To implement and ensure the implementation of the above policy, the town will seek out minority candidates for all occupations through personnel and written contact with the Dutchess County Personnel Department. The Town will ensure that all employees are fairly compensated and given equal consideration for upgrading and promotion. In the event employees or prospective employees feel that the Town has not applied the above policies in regard to their hiring or employment, such employees or prospective employees shall have the right to grieve in accordance with the following procedure. III. PROCEDURE: Discrimination Complaint If any person believes he/she has been discriminated against, the following procedure is established as the mechanism to report allegations for discrimination: 1. A written Notice specifying any alleged discriminatory action must be delivered to the Supervisor of the Town within thirty (30) days of its occurrence or within thirty (30) days of the Grievant first becoming aware of such alleged discriminatory action. 2. The Town Supervisor shall review and investigate the alleged discriminatory action within twenty (20) days of receipt of written Notice and shall consult with the department heads or individuals involved to the extent reasonable and practical. 3. Within ten (10) days following the investigation of the allegations, a conference shall be held with the Grievant, the Town Supervisor and such other individuals as the Supervisor deems appropriate. 4. The Supervisor shall submit a written Report of Findings and make a formal written Decision. A copy of the Decision on the allegations shall be mailed to the Grievant no later than forty (40) days after 1.1 6! 012698.RGM receipt of the original written Notice to the Supervisor and a copy shall also be mailed to the other Town Board members. 5. The Supervisor's Decision may be appealed to the Town Board within thirty (30) days from the date of the mailing of the Decision to the Grievant, upon submission of a written Notice of Appeal to the Town Clerk. The Notice of Appeal shall be accompanied by a copy of the original Notice of alleged discriminatory action, the Supervisor's Report of Findings and Decision, and a statement by the Grievant of the reasons supporting the appeal. The Town Clerk, within three (3) business days thereafter, shall forward a copy of the Notice of Appeal and accompanying documentation to each of the members of the Town Board. 6. Within seventy (70) days of the submission of the written Notice of Appeal to the Town Clerk, the Town Board shall hear and decide the matter, unless the Town Board shall extend this period by Resolution, for cause, adopted at a regular Town Board meeting. 7. Any person that believes that he/she has been discriminated against may also file a complaint with: Dutchess County EEO Officer 22 Market Street Poughkeepsie, NY 12601 (914) 485-9998 New York State Division of Human Rights 217 Lark Street Albany, NY (518) 474-2705 OR 20 Glenn Street White Plains, NY (914) 949-4394; or U.S. EEO Commission (212) 264-7161 Seconded by Mr. Paoloni Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN VALDATI had no reports at this time. COUNCILMAN BETTINA had no reports at this time COUNCILMAN RUGGIERO had no reports at this time COUNCILMAN PAOLONI had no reports at this time SUPERVISOR SMITH submitted the following REVISED appointments to the Town Board Standing Committees for 1998. BUDGET & FINANCE Constance Smith BUILDING & HOUSING Elaine Snowden 0 �� 012698.RGM DRAINAGE Robert Valdati/Vincent Bettina ELECTIONS Vincent Bettina/Joseph Paoloni HIGHWAY Robert Valdati INSURANCE Joseph Ruggiero LIBRARY Robert Valdati RECREATION Vincent Bettina TRI -MUNI REPS. Constance Smith/Joseph Ruggiero D. C. DIAL -A -RIDE Vincent Bettina BONDS & LETTERS OF CREDIT Mr. Close submitted his report for the month of December on the schedule of Bonds and Letters of Credit on the various subdivisions, the amount, expiration dates, and call up dates. COUNCILMAN VALDATI moved to table because several of the Board members had not received the report. Seconded by Mr. Bettina Motion Unanimously Carried RESOLUTIONS A Public Hearing having been held on a proposed Local Law Amending the Zoning Law of the Town of Wappinger which would authorize the conversion of existing hotels/motels locating in GB zones on State Highways to congregate care facilities, the matter of its adoption was now placed before the Town Board for their consideration. The following resolution was moved by COUNCILMAN VALDATI and Seconded by Mr. Bettina. WHEREAS, by Resolution dated December 22, 1997 the Town Board introduced for adoption a proposed Local Law to amend the Zoning Law of the Town of Wappinger which authorize the conversion of existing hotel/motels located in GB Zones on State Highways to congregate care facilities; and WHEREAS, the Town Board had determined that it is the only agency involved in this Action and declared itself Lead Agency pursuant to Article 8 ECL and the related Title 6, Part 617 NYCRR; and WHEREAS, THE Town Board decided not to make any Determination of Significance under the State Environmental Quality Review Act as set forth in Part 617 NYCRR and instead decided to make such Determination at the conclusion of the Public Hearing scheduled for January 26, 1998; and WHEREAS, the Town Board duly convened and closed the Public Hearing at 7:00 p.m. on January 26, 1998; and 10 I 012698.RGM WHEREAS, the Town Board has previously caused to be prepared and completed Part I and Part II of the Long form EAF for this project in the form previously submitted with the Introductory Resolution; and WHEREAS, the Town Board hereby intends to adopt a Negative Determination of Significance and adopt the proposed Amendment to the Zoning Law in the form annexed to the Introductory Resolution of December 22, 1997. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby confirms that it has caused to be prepared and completed Part I and Part II of the long form EAF for this project in the form submitted with the Introductory Resolution. 2. The Town Board has reviewed the Intended Action (i.e., the proposed Zoning Amendment) with respect to the criteria set forth in Par 617.11 NYCRR, and hereby determined that said Intended Action will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project for the following reasons: a. there is only one hotel/motel facility presently existing in the GB Zone, that being the Airport Inn Motel, located on Route 376 adjacent to the Dutchess county Airport; b. the residents of congregate care facilities do not avail themselves of local services such as schools, recreation programs, etc.; c. the proposed amendment encourages rehabilitation of existing developed property; d. congregate care facilities generate less day-to-day traffic than hotels/motels; e. parking demands are expected to be significantly lower for congregate care facilities that for hotels/motels; and f. the facilities will be located in GB Zones near other commercial uses. They will not be located in residential neighborhoods. 3. Town Board hereby authorizes the Town Supervisor to execute Appendix "A' to the long form EAF and further direct the Town Clerk to provide for its filing and publishing in the Environmental Notice Bulletin by sending a copy thereof to: Business Environmental Publications 6 Sevilla Drive 1r Clifton Park, New York 12065-5013 4. The Town Board hereby adopt Local Law #1 of 1998 in the form annexed hereto and made part of this resolution. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: 11 012698.RGM Constance Smith, Supervisor voting Aye Robert Valdati, Councilman voting Aye Vincent Bettina, Councilman voting Aye Joseph Ruggiero, Councilman voting Aye Joseph Paoloni, Councilman voting Aye The Resolution is hereby duly declared adopted. The next item for the Boards consideration is to adopt the Fleetwood Bond Resolution. The first item is to adopt the PUBLIC INTEREST ORDER. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mr. Ruggiero. In the Matter of the Increase and Improvement of the Facilities of the Fleetwood Water District of the Town of Wappinger, Dutchess County, New York PUBLIC INTEREST ORDER WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the town Law, relating to the increase and improvement of the Facilities of the Fleetwood Water District in said town, consisting of the construction of improvements necessary to connect said Water District to the Village of Fishkill water supply system including the purchase and installation of approximately 2,900 linear feet of eight inch water main on Osborne Hill Road to the town of Fishkill/Town of Wappinger line, construction of a central monitoring and pressure reducing station, and expansion of an existing Village of Fishkill booster station for District use, including land or rights -in -land, original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $740,000; and WHEREAS, the capital project has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Department of Environmental Quality Review Act, the implementation of which as proposed, the town Board has determined will not result in an significant environmental effects; and WHEREAS, at a meeting of said Town Board duly called and held on December 22, 1997, an order was duly adopted by it and entered in the minutes specifying that the said Board would meet to consider the increase and improvement of the facilities of the Fleetwood Water District in said 12 6 t 012698.RGM Town at a maximum estimated cost o $740,000 and to hear all persons interested in the subject thereof concerning the same at the Town Hall, on Middlebush Road in Wappingers Falls, New York, in said Town on the 12th day of January, 1998 at 7:10 o'clock P.M., Prevailing Time; and WHEREAS the said order duly certified by the Town Clerk was duly published and posed as required by law, to -wit: a duly certified copy thereof was published in the official newspaper of this Town, on December 31, 1997, and a copy of such order was posted on December 31, 1997, on the signboard maintained by the town Clerk of the town of Wappinger, pursuant to Section 30, subdivision 6 of the Town Law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to increase and improve the facilities of the Fleetwood Water District of the town of Wappinger, Dutchess County, New York, consisting of the construction of improvements necessary to connect said Water District to the Village of Fishkill water supply system including the purchase and installation of approximately 2,900 linear feet of eight inch water main on Osborne Hill Road to the town of Fishkill/Town of Wappinger line, construction of a central monitoring and pressure reducing station, and expansion of an existing Village of Fishkill booster station for District use, including land or rights -in- land, original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $740,000. Section 2. This order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, 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 order was thereupon declared duly adopted Next is to adopt the Bond Resolution The following Bond Resolution was offered by COUNCILMAN BETTINA who moved its adoption and seconded by Mr. Bettina. 13 �b 012698.RGM A RESOLUTION AUTHORIZING THE ISSUANCE OF $740,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK TO PAY THE COST OF THE INCREASE & IMPROVEMENT OF THE FACILITIES OF THE FLEETWOOD WATER DISTRICT IN SAID TOWN WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with provisions of Section 202-b of the Town Law, and more particularly an order dated January 12, 1998, the Town Board of the Town of Wappinger, Dutchess County, New York, has determined it to be in the public interest to increase and improvement of the facilities of the Fleetwood Water District in said Town, at a maximum estimated cost of $740,000; and WHEREAS, said capital project, as proposed, has been determined to be an Unlisted Action pursuant to the regulation of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which the Town Board has determined will not have a significant effect on the environment; and WHEREAS, it is now desired to authorize the financing of such capital project;, and NOW, THEREFOR, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the facilities of the Fleetwood Water District in the Town of Wappinger, Dutchess County, New York, consisting of the construction of improvements necessary to connect said Water District to the Village of Fishkill Water supply system including the purchase and installation of approximately 2,900 linear feet of eight inch water main on Osborne Hill Road to the Town of Fishkill/Town of Wappinger line, construction of a central monitoring and pressure reducing station, and expansion of an existing Village of Fishkill booster station for District use, including land or rights -in -land, original furnishing, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $740,000 there are hereby authorized to be issued $740,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of said specific object or purpose is $740,000, and that the plan for the financing of the aforesaid specific object or purpose is by the issuance of the $740,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to 14 61 012698.RGM subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, for and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of the Town, including, but not limited to, the power to sell said serial bonds to the New York State Environmental Facilities Corporation, provided, however, that in the exercise of these delegated powers, 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 Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of it Supervisor, providing 15 e 012698.RGM for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment and also including the consolidation with other issues, shall be determined by the Supervisor. it is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The power to issue an 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, for and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. The Supervisor is hereby further authorized, at her sole discretion, to execute a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond, and, or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 11. The intent of this resolution is to give the Supervisor sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds and, or notes without resorting to further action of this town Board. Section 12. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting validity is commenced within twenty days after the date of such publication, or 16 012698.RGM 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 13. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 14. This resolution which takes effect immediately shall be published in full in 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. The next order of Business is to authorize Engineer to the Town, Jay Paggi, and Attorney to the Town Al Roberts to undertake all actions necessary to start the project. The following resolution was offered by COUNCILMAN BETTINA who moved its adoption. a. RESOLVED, that Joseph E. Paggi, Jr., Engineer to the Town of Wappinger and the Fleetwood Water District, is hereby direct to undertake all engineering work necessary and contemplated in the Map Plan and Report prepared by Paggi and Martin dated October 1997, so as to expedite the implementation of the interconnection between the Fleetwood Water District and the Village of Fishkill Water District, said work to include the preparation and filing of all water supply applications, plans and specifications for the construction of the interconnection and any other work necessary to complete the construction of the water interconnection; and b. RESOLVED, that Albert P. Roberts, Attorney to the Town and to the Fleetwood Water District, is hereby directed to undertake all legal work contemplated and set forth in the Map Plan and Report prepared by Paggi and Martin, dated October 1997, said work to include the preparation and finalization of a written contract with the Village of Fishkill for a water supply and such other legal work as may be needed to expedite the 17 AD 012698.RGM commencement and completion of the construction of the water interconnection. Seconded by Mr. Valdati Motion Unanimously Carried The following resolution was offered by COUNCILMAN BETTINA who moved its adoption. RESOLUTION REQUESTING THE DESIGNATION OF THE HUDSON RIVER AS AN AMERICAN RIVER WHEREAS, the American Rivers Heritage Initiative was announced by President Clinton on February 4, 1997, and WHEREAS, the Hudson River has held a pre-eminent roll in the development of the heritage of the United States influencing the settlement patterns of Native Americans, serving as a corridor of exploration, fortifying America during the Revolution, giving rise to the Age of Steam, inspiring the Hudson river School of Painting, facilitating the economic rise of New York and serving as a catalyst in the creation of the modern environment movement, and WHEREAS, the designation of the Hudson River as an American Heritage River will provide for the coordinated delivery of Federal services, enhanced opportunities for waterfront redevelopment, improved water quality, and further the goals and strategies already utilized by the Hudson Valley Greenway, and WHEREAS, Supervisor Constance O. Smith, on behalf of the town of Wappinger is seeking designation of the Hudson River as an American Heritage River as an American Heritage River. THEREFORE BE IT RESOLVED, that the Town of Wappinger supports the application and urged the President to designate the Hudson River and American Heritage River. Seconded by Mr. Valdati Motion Unanimously Carried Next is to consider the Bids for the Rockingham Sewer Line Rehabilitation on All Angels Hill and Kent Road. Four Bids were received on January 7, 1998, the lowest being New Hope Pipe Liners $37,544. The office of Paggi and Martin has reviewed all Bids and find them to be mathematically correct and in proper format. They have also contacted several reverences provided by New Hope Pipe Liners, and are satisfied that they will complete all work on schedule and in a professional manner. They would recommend that the Contract be awarded to New Hope Pipe Liners, for their bid amount of $37,544. iE:3 17) 012698.RGM COUNCILMAN VALDATI moved to award the Bid for the Rockingham Sewer Line Rehabilitation to New Hope Pipe Liners for $37,544, upon the recommendation of Jay Paggi, Engineer to the Town, they being the lowest Bid. Seconded by Mr. Bettina Motion Unanimously Carried Next is to consider the vacancy on the Zoning Board of Appeals, that has occurred by reason of the expiration of the term of Al Lehigh. SUPERVISOR SMITH moved Al Lehigh be appointed as a member of the Zoning Board of Appeals. Seconded by Mr. Ruggiero COUNCILMAN BETTINA moved to table to workshop in order to conduct more interviews. Seconded by Mr. Ruggiero ROLL CALL VOTE VOTE Supervisor Smith Nay Councilman Valdati Aye Councilman Bettina Aye Councilman Ruggiero Aye Councilman Paoloni Aye Motion Carried Prior to the vote, Supervisor Smith stated a motion was on the floor, but Mr. Bettina stated a motion to table supersedes any prior motion and he wished to conduct more interviews, as other people had applied for the position. SUPERVISOR SMITH informed the Board that she received an application after the Agenda had gone out, but Mr. Lehigh had been recommended by the ZBA, and is a member in good standing. Mr. Bettina felt that the position should be open to the public, when other people apply, they should be given the opportunity. Supervisor Smith felt the Board should either call or meet with these people prior to the meeting, however no one did. Next is to appoint a chairman for the Planning Board. At this time 8:15 P.M., SUPERVISOR SMITH moved to go to recess in order to discuss the appointment with members of the Planning Board who were in attendance at tonight's meeting. Seconded by Mr. Valdati Motion Unanimously Carried The Town Board reconvened at 8:48 P.M., with all Board Members in attendance. COUNCILMAN VALDATI addressed they Board on the vacancy of the Chairman for the Planning Board. There was a resignation, by the 19 012698.RGM Chairman last month that was never accepted. That is the first order of business. COUNCILMAN VALDATI moved to accept the resignation of William Parsons as Chairman of the Planning Board. Seconded by Mr. Bettina ROLL CALL VOTE VOTE Supervisor Smith Nay Councilman Valdati Aye Councilman Bettina Aye Councilman Ruggiero Aye Councilman Paoloni Aye Motion Carried The next order of business is to select a Chairman. COUNCILMAN VALDATI asked the Planning Board Members who were in attendance if any one wished to come forward and act as Chairman of the Planning Board, so the Town may conduct business. There was no answer from any of the members. He asked if anyone would be willing to Chair the meeting on Monday night on a temporary basis. There was no answer. COUNCILMAN RUGGIERO moved to table the appointment of a Chairman for the Planning Board for an Executive Session at the end of the Agenda in order to get advice from Council. Seconded by Mr. Valdati Motion Unanimously Carried The following Resolution was offered by COUNCILMAN RUGGIERO who moved its adoption: RESOLVE, that Stephen Lowery be and he hereby is appointed to fill the vacancy of the position of Recreation Director for the Town of Wappinger Recreation Committee which has occurred by reason of the resignation of Gerry diPierno, and IT IS FURTHER RESOLVED, that the said Stephen Lowery be and he hereby is appointed to fill such vacancy of the Recreation Committee and his annual salary shall be prorated at $8,400. Seconded by Mr. Valdati Motion Unanimously Carried NEW BUSINESS COUNCILMAN RUGGIERO received a phone call from a Mrs. Hammond, regarding our 10% penalty for late payments for water and sewer. He wished to propose an amendment to all the Local Laws affecting all water & sewer districts addressing the 10% penalty for late payment. In his proposal, he would like to repeal the 10% penalty and replace it with a monthly 2% Kc 7.a 012698.RGM penalty once a bill is 10 days overdue. This amendment would also allow the town to bill the late charge on the next quarter's bill. COUNCILMAN RUGGIERO moved to take this proposal to a workshop for further discussion. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN BETTINA, with some concerns in the Chelsea Area. Residents are calling him about problems with their water again. He would like to take a survey personally and talking to the residents. He has also received numerous complaints about speeding. He would like our Town Patrol to be more visible. SUPERVISOR SMITH announced that Mrs. Hammond was in the audience. Mrs. Hammond said she had spoken to Mr. Steve Saland regarding the 10% penalty charge for the water/sewer bills, and he told her that 10% was state mandated, that is the most that can be charged. The percentage charged is set by the Town Board. COUNCILMAN VALDATI had one item that deals with the residents of Wappinger Park. As you are well aware, Wappinger Park had been scheduled by the Highway Department to be re -paved two years ago. The roads are in disrepair with pot holes, etc. The Town held off, because sewers were going to be installed. The residents are looking for some relief, they still don't have sewers, and the roads are still in bad shape. He asked Mr. Paggi, Engineer to the Town, what is the time frame. Mr. Paggi said once we receive the Tri -Municipal Engineers map plan and report, we can total their numbers with ours and come up with a final map plan and report for the Board, probably within a months time frame. Ours is done so it would just be a matter of doing the Bond figures. Once the total map plan and report is delivered to the Board, the appropriate public informational meeting can be scheduled. The necessary SEQRA documents would need to be completed by Matt Rudikoff and then the formal Public Hearing and application to Audit and Control. Mr. Paggi could not give a time frame. Mr. Valdati asked Mr. Foster, if we are faced with two or three years hiatus what would he recommend be done. Mr. Foster said the area was scheduled for 1995, and he had started preliminary work, etc. Then he held off because of Tri -Municipal. Its been put off every year since. With the cooperation of the Board, we can revise that schedule and pave the roads. But it does seem like a waste of money to blacktop the roads, and them tear them up again. Mr. Valdati requested Mr. Foster to attack the shimming of the roads more aggressively, as a temporary measure for these residents. Mr. Paggi informed the Board, if everything went smooth, realistically, he could not see any design work being 21 611\ 012698.RGM started until a year from now. Mr. Paggi would draft a letter to Tri -Muni to expedite. At this time Peg O'Leary, Executive Director of the Hudson Valley Housing Development approached the Board. The Hudson Valley Housing Development is constructing a low cost housing development in the Village of Wappingers, and a field change has occurred which they had not anticipated, and are requesting the Town's approval for an easement and right-of-way to relocate existing electric lines that service the Town of Wappinger Highway garage. When asked his opinion, Engineer to the Town Jay Paggi had no objections, but wanted reassurance that the cables be placed in an appropriate type of conduit and they be constructed so they would not interfere with the maintenance of the water line. He would also wish to know where Central Hudson is going to place it. COUNCILMAN VALDATI moved to approve the easement and right-of-way to relocate existing electric lines as requested by Ms. O'Leary. Seconded by Mr. Ruggiero Motion Unanimously Carried At this time 9:18 P.M. COUNCILMAN RUGGIERO moved to go to Executive Session to discuss the appointment of a chairman for the Planning Board. Seconded by Mr. Bettina Motion Unanimously Carried The meeting reconvened at 10:40 P.M. with all Board Members present. COUNCILMAN VALDATI proceeded to question each Planning Board member present, asking if they wished to chair the Planning Board. Mr. Musto refused, stating he enjoyed being on the Planning Board, but he did not have the experience; Mr. Walker refused, stating he too enjoyed being on the Planning Board, but did not have the experience; Mr. Franceze refused, stating he worked in Connecticut and was too far away so he could not devote the time necessary; Mrs. Visconti, when asked replied, she had spoken to some members of the Planning Board and she would have to have the full support of the Town Board and the Planning Board. COUNCILMAN RUGGIERO moved to authorize Mr. Bettina to phone the two members who were not present, Mr. Grimshaw and Mr. DiNonno asking if they would accept the chairmanship. Seconded by Mr. Valdati. Motion Unanimously Carried COUNCILMAN BETTINA said we have an obligation to the people of the Town, in the event that the phone call does not produce a chairman, the Board has to make a decision based on the council of Attorney In the event we don't get a chairman, and the Planning Board moving forward with 22 ,d "," 012698.RGM applications, if we can not appoint someone, we have to abolish the Planning Board, is that correct Mr. Vergilis? Mr. Vergilis, Acting Attorney for Mr. Roberts, Attorney to the Town said that's correct, because no business can be conducted. Mr. Bettina asked if we had that obligation, as the Town Board. Mr. Vergilis said yes, because you have applications that are pending. Mr. Bettina, asked Mr. Vergilis, if he feels what he has observed this evening, that the Planning Board does not wish to appoint a chairman? Mr. Vergilis answered, it seems pretty obvious that unless there is some kind of statement from this Board concerning the appointment of a person for the reasons why this board appointed one person and can not reappoint some one else, the Planning Board does not seem to want to move forward. Mr. Franzese was recognized by the Board, and he reiterated, he would not be a good chairman for the Planning Board, but for the record he is not protesting. Hugo Musto was also recognized by the Board and informed them that he is prepared to attend the Monday night meeting, as did the other members that were present tonight. COUNCILMAN RUGGIERO asked if any of the members present that would be attending Monday nights meeting be willing to elect a temporary chairman for Monday nights meeting to conduct business, but there was no response from the members. COUNCILMAN RUGGIERO moved to reconvene on Friday January 30, 1998 at 5:30 P.M. for a Special Town Board Meeting to discuss the Chairmanship for the Planning Department. Seconded by Mr. Valdati Motion Unanimously Carried There was no other Business to come before the Board. COUNCILMAN VALDATI moved to close the Town Board Meeting, seconded by Mr. Bettina, and Unanimously Carried. The Town Board Meeting closed at 10:58 P.M. C,7 Elaine H. Snowden Town Clerk 23 012698.PH A Public Hearing was held by the Town Board of the Town of Wappinger on January 26, 1998 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York in the matter of the proposed Local Law to allow the conversion of existing Hotel/Motel Facilities in GB Zones to Congregate Care Facilities in the Town of Wappinger. 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: Gerald Vergilis, Acting Attorney for Attorney to Town Jay Paggi, Engineer to the Town Graham Foster, Engineer to the Town Absent: Al Roberts, Attorney to the Town 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 the Minutes of this Hearing). The Town Clerk informed the Board that a letter was received from Donald Close, Zoning Administrator, informing the Board, the Planning Board made a motion to recommend the amendment as proposed in the Local Law to allow the conversion of existing hotel/motel facilities in the GB zone to congregate care facilities. A roll call was taken and all were in favor of the amendment. Also received was a fax from the Dutchess County Department of Planning commenting that this was a matter of local concern. There were no comments or questions from the audience. COUNCILMAN BETTINA moved to close the Public Hearing, seconded by Mr. Valdati. The Public Hearing closed at 7:03 P.M. Motion Unanimously Carried Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF 30 NO'T'ICE OF PUBLIC HEARING IN THE MATTER OF A PROPOSED LOCAL LAW TO ALLOW THE CONVERSIONS OF EXISTING HOTEL/MOTEL FACILITIES IN GB ZONES TO CONGREGATE CARE FACILITIES IN THE TOWN OF WAPPINGER STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) POSTING ELAINE H. SNOWDEN, being duly sworn, deposes 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 January 7, 1998, you deponent posted a copy of the attached Notice of Public Hearing in the matter of a proposed Local Law to Allow the Conversion of Existing Hotel/Motel Facilities in GB Zones to Congregate Care Facilities in 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 Count, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me the J6 k Z f 1998 J W NOTARY PUBLIC t i� �r,.� r � r ti �C�.f ♦� County C.n��ul�.�l,ai t=F�:Ires 1013111 Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 i NOTICE OF PUBLIC HEARING ' TOWN OF WAPPINGER i NOTICE IS HEREBY GIVEN the! Town Board of the Town of Wappkper' will conduct a PUBLIC HEARING on the 281h day of January, 1998 at 7:00 { p.m. at the Town Hall, Town of Wappinger, 20 Middlebush' Road, Wappingers Falls, NewYork, at which time all parties In Interest and citizens shall have an opportunity to be heard as to whether the Town Board,of;lhq; Town of Wappinger,shall adopt pro=;; posed Local Law No. _ of the Year 1998 Amending the Zoning Law, of the Town of Wappinger by adopt-; Ing a zoning amendment ,which' would authorize the conversion of' existing hotels/motels located ht GB' zones on State highways to,congrs-< gate care facilities. PLEASE TAKE FURTHER' NOTICE, that copies of the proposed Local; Law are available for review.end In- spection at the office of the Town.. Clerk on weekdays from 8:30 a.m to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappinger Falls, New York. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER ELAINE SNOWDEN TOWN CLERK i Dated: December 22, 1997 AFFIDAVIT OF PUBLICATION 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 ...Bookkeeper of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper forone.., weeks successively in each week, commencing on the ...7.tb... day of J-nlzarl'...... 1998. and on the following dates thereafter, namely on and ending on the J.tb ...... day of .sTdnuary 19.98 both days inclusive. Subscribed and sworn to before me this ... � .... day of l- anuar98 Notary Public My commission expires ................................. RACHEL WISHART NOTAnY PUBLIC, STATE OF NES. YORh OUALIFIEO IN DUTCHESS ("Mi ?TY N 14-4355102 Qil COMMISSION EXPIRL'S MARCH 31. 124..0 �t