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1996-09-23 RGMAGENDA TOWN OF WAPPINGER SEPTEMBER 23, 1996 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE OF ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Regular August 26, 1996 4. REPORTS OF OFFICERS: Sup/Comet., Town Justices, Rec. of Taxes Acting Bldg. Insp., Zng. Administrators, and Highway. 5. PETITIONS & COMMUNICATIONS a. Ralph Holt, Rec. Comm Ch. re: (1) Chelsea Dock Proposals (2) Corres Pres. Wapp Soccer Club re: Airport Park Improv. b. Correspondence Cheryl Mercer re: Auto Damage due to manhole cover on Hilltop Drive. c. Petition Residents of Circle Rd./Easter Dr. area requesting Town correct drainage problems. d. Elizabeth Becker re: Damage caused to stonewall last winter by Snow Plow. e. Notices of intent to renew liquor licenses: (1) DaNino Restaurant, Middlebush Road, (2) Jai Grocery, d/b/a Rite Stop Food Stores, New Hackensack Plaza Rt. 376. f. J. Paggi, Eng. to Town reports: (1) Aquifer Analysis Atlas Well field. (2) Dean Trucking Site/Lot No #2. (3) Tri -Muni Sewer Comm. Phase 1, Contract 2. (4) Phase 3A Tri -Muni Sewer Commission. (5) Rockingham Farms Storm Drain Project. (6) Castlepoint Landfill i Closure Project. g. NYS Dept. of Transportation, re: Rail -Highway Grade Crossing Safety Investigation, Front Street crossing. h. Continental Cablevision re: Price changes beginning Oct. 1st. i. Hughsonville Fire District request for Town Highway to sand & salt Parking lot when necessary this winter. j. Request for return of Escrow from McCloskey, Lot #2 Lindsey Court $2,000. k. Al Roberts, Atty. to the Town informing Town of decision on Spotted Owl Development Corp. 1. Joseph R. Pisani, Atty. for Mike DeRario, 16 Gold Rd re: damage to property caused by improper drainage. m. Paul Reed, Bell Atlantic Nynex, Cellular Phone site request. n. Cly Realty Subdivision Application. o. NYSDEC re: Technical Review of Closure Plan for Castle Point Landfill. p. Ralph Holt Ch. Recreation, request P.O. for Backhoe work. q. Neil MacCormick, re: Denial of waterfront grant. r. Rezone application AVR Realty Company. s.` Comprehensive Zoning Law Revisions #4. t. Tom Logan, Assessor, re: Benefit Assessment Rolls. Page 1 u. Peter McGuire, Top 0 Hill Rd., re: Water drainage problem. v. Tax Certioraris served on Town. (1) Rosenberg & Silver (2) Pacific State Land Corp. (3) Chelsea Ridge Mall (4) Chelsea Ridge Associates. w. Nicholas DuLuccia, request for early entry hook-up to Tri -Muni sewer for (9) lot subdivision known as Oak Ridge. x. Ed Wisniewski re: Patrols of Kent Road. I y. Request from Seniors Bowling League for Town to subsidize. z. Tom Logan, Assessor request permission to attend NYS Assessors Association Conference from 9/24 thru 9/27 at Kutchers Hotel, Monticello, NY. PETITION & COMMUNICATIONS (Part 2) 5. a-1. Tom Logan, Assessor, Request Board Approval of Adjusted Base Proportions for Town of Wappinger and School Districts. b-2. Donation letter from CAMO for services rendered on Community Day. c-3. Petitions from residents regarding ongoing violation of Town's Zoning Ordinance being conducted at 152 Rosewood Drive. d-4 CAMO Pollution Memorandum re: Desai Residence 229 All Angels Hill Road. e-5 Authorize Don Close, Zoning Adminstrator, Mark Liebermann, Fire Inspector, and Supervisor Smith to attend National Flood Insurance Program/Floodplain Managements Workshops to be held at Pleasant Valley Town Hall on 10/9/96 and 10/16/96. 6. COMMITTEE REPORTS 7. BONDS & LETTER OF CREDIT Zoning Administrators Report 8 RESOLUTIONS a. Consider approval for Tega Industries, to do the Electrical Inspections in the Town of Wappingers. b. Consider Adoption Local Law for STOP Signs on Wheeler Hill Road. C. Consider awarding Bid for Rockingham Drainage. d. Adopt CSEA Contract and authorize Supervisor to sign. e. Accept Audit Report from Sedore, O'Sullivan, Letterio & Barschi for year ended December 31, 1995. 9. UNFINISHED BUSINESS a. Arlene Cole Easement Trench, Rockingham Farms 10. NEW BUSINESS a. Consent Wappingers Falls Planning Board to become Lead Agency to conduct SEAR for Berkeley Square. REMINDER: PUBLIC HEARING ON "STOP SIGNS WHEELER HILL RD. 7:15 P.M. Page 2 092396.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on September 23, 1996 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Smith called the meeting to order at 7:35 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina, Councilman June Visconti, Councilwoman Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Elaine H. Snowden, Town Clerk The Supervisor asked all to join in the Pledge of Allegiance to the Flag. MINUTES The Minutes of the Regular Meeting of August 26, 1996 having { previously been forwarded to the Board Members, were now placed before them for their consideration. COUNCILMAN RUGGIERO stated that Mr. Valdati's name appeared on pages 14 to 28 on the roil call vote and he was absent from that meeting. COUNCILWOMAN VISCONTI moved that the above stated minutes as submitted by the Town Clerk be approved as corrected. Seconded by Mr. Ruggiero Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of July were received from the %rr Supervisor/Comptroller, Town Justices, Receiver of Taxes, Acting Building Inspector, Zoning Administrator and Highway r Department. COUNCILWOMAN VISCONTI moved to accept the above reports and place them on file. Page 1 092396.RGM Seconded by Mr. Ruggiero Motion Unanimously Carried PETITIONS & COMMUNICATIONS Several Memos from Ralph Holt, Chairman of Recreation. The first memo concerns the Chelsea Dock Proposal. The Town Submitted a grant application to the NYS Environmental Protection Fund Local Waterfront Revitalization Program for improvements to the Chelsea Dock Area in April of this year. We were informed that the Town of Wappinger was not being considered for this grant because our Town is not a member of the Hudson Waterfront Revitalization Program. They will send us information on becoming a member. In the meantime, we have counted on receiving financial support ($20,000) for our Dock enhancements. His concern now, should he proceed as planned and look for the Town to provide financial support, or put the proposed improvements on hold. SUPERVISOR SMITH spoke with Mr. Holt and told him to go back and check his budget for extra funds. She is waiting to hear from him. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried The second memo from Mr. Holt concerns correspondence he received from Mark Laman, President of Wappingers United Soccer Club, requesting permission to add both Telephone and Electrical Services at the storage building that is located at the Airport Park Soccer Fields. The Recreation Committee, at their August Meeting, had no problem with their installation of a phone and noted that they would be responsible for that monthly bill. They also agreed with the installation of the electric as long as all the proper inspections and codes were met. COUNCILWOMAN VISCONTI moved to approve the request from Mr. Page 2 092396.RGM Laman to add both Telephone and Electrical Services at the storage building at Airport Park Soccer Fields, and advised Recreation that this request should have been brought to the Town Board first. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Cheryl Mercer regarding the damage her automobile sustained when it hit a manhole cover on Hilltop Drive on August 15, 1995. Apparently the front left tire knocked the cover loose. When the left back tire ran over the cover it blew out and bent the rim beyond repair. Mrs. Mercer is seeking damages. COUNCILWOMAN VISCONTI moved to refer Mrs. Mercers claim to the Town Insurance Company for consideration. Seconded by Mr. Bettina Motion Unanimously Carried A Petition from Residents of Circle Drive/Easter Road area fi requesting the Town to correct the Drainage problem. The rain 6W storms, have caused basements to flood, property to erode, and mosquitoes to breed. COUNCILWOMAN VISCONTI moved to refer to Graham Foster, Highway Superintendent to investigate, and report back to the Board with his findings. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Elizabeth Becker of Losee Road, regarding the damage caused to her stonewall by the Town Snowplow. It was When she spoke to Mr. Foster, Highway Superintendent she was Page 3 first hit by the plow in the winter of 92-93. She called the Town Highway to let them know, and was told it was not possible f that the plow had hit the stonewall. During the winter of 95-96 the plow caught the wall again and it has been shifting toward the road, with some larger rocks laying on the road. When she spoke to Mr. Foster, Highway Superintendent she was Page 3 N6 092396.RGM told that there was nothing he could do about the wall. Her home is 160 years old. She is hoping the Town can help with this problem. COUNCILWOMAN VISCONTI moved to authorize the Engineer to the Town, Jay Paggi, and Attorney to the Town Al Roberts review the situation and report back to the Board with their findings at the October Workshop. Seconded by Mr. Bettina Motion Unanimously Carried Notification of intent to renew liquor licenses from (1) DaNino Restaurant, Middlebush Road. (2) Jai Grocery, d/b/a Rite Stop Food Stores, New Hackensack Plaza, Route 376. COUNCILMAN VALDATI moved to accept the notification of intent to renew the liquor licenses of DaNino Restaurant, Middlebush Road and Jai Grocery, d/b/a Rite Stop Food Stores, New Hackensack Plaza, Route 376, and place them on file without comment. Seconded by Mrs. Visconti Motion Unanimously Carried Several reports were submitted by Jay Paggi, Engineer to the Town. The first report concerns the Atlas Aquifer Analysis prepared by Leggette, Brashears & Graham, Inc. At this time, Mr. Paggi feels a Workshop should be held and have the preparer's of the document present it and answer any questions. COUNCILWOMAN VISCONTI moved to take the Atlas Aquifer Analysis to the October Workshop. Seconded by Mr. Bettina Motion Unanimously Carried The second report concerns Deans Trucking Site/Lot No. 2. As you recall Chazen Environmental Services was authorized to perform additional work for the Phase II study. The report indicates that no physical signs of hazardous material or Page 4 9 OF 11� n F, 092396.RGM contaminated soils was present. However, laboratory results for soils samples are still outstanding and will be sent to us when complete. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The third report concerns the Tri -Municipal Sewer Commission Phase 1, Contract 2. At the August 20, 1996 Meeting for Phase 3A of the Wappinger Sewer Transmission/Treatment Improvement Area, Mr. Paggi was informed by Peter Witco and Peter Cantline that the expansion of the Tri -Municipal Sewer Plant for Phase I and II, in all likelihood, will not be ready for service until early December 1996. Apparently, ordering and the installation of the aerators and final instrumentation and control work has delayed completion, and therefore pushed start-up back until early December 1996. Completion should be in October of this year, and was informed by Mr. Witco that a good month should be allowed for start-up. COUNCILWOMAN VISCONTI moved to accept the report and place it on f i1e. Seconded by Mr.Bettina Motion Unanimously Carried The fourth report concerns a Progress Meeting that Mr. Paggi attended on August 20, 1996, regarding the Phase 3A expansion. Also in attendance were Mark O'Sullivan, Jim Sedore, Tony Quartararo, Peter Witko, Peter Cantline, and Matthew Rudikoff. Mr. Paggi went over all the items that were discussed. COUNCILWOMAN VISCONTI moved to authorize Attorney to Town along t with a Mr. Paggi, Engineer to the Town and Supervisor Smith attend the meetings. Seconded by Mr. Bettina Page 5 Motion Unanimously Carried 20 '4 J 3 092-396.RGM The fifth report concerns the Rockingham Farms Storm Drain Project. Mr. Paggi informed the Board that they are in the process of finalizing the easement agreements with the necessary properties and expect to have at least three signed and sealed well before the opening bid. In any event, if there is a problem with the easements, the Town has the right to hold the bids for forty-five days and /or at the end of the period reject all bids. In the contract, one of the largest cost components of this project will be the necessary rock excavation to install this large diameter storm drain. It was our original intention to come in and do soil borings prior to the project to determine the amount of rock. Because of all the problems and time in obtaining the easements, we have made a decision not to do the borings. This will eliminate the cost of doing borings and reduce the impact on the easement givers. With that in mind, we have estimated the amount of rock that will be necessary to install the main. This estimation is based on our knowledge of the area that we obtained in excavating for the sewer force main for the Rockingham Farms Sewer project, Phase 2 Tri -Municipal. One item to keep in mind is that, in any event, the rock will need to be taken out to implement the project. Therefore, the cost can not be considered additional cost, only unknown at this point in time. He will keep the Board informed on a weekly basis what the quantity is to date. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Th last report concerns the Castle Point Landfill Closure Project. Mr. Paggi presented correspondence he sent to the NYSDEC regarding the above reference matter. The correspondence outlines the proposed changes to the Project Schedule due to a longer closure plan design/approval period than originally AUMM-11 n 092396.RGM anticipated. Mr. Paggi is requesting the Town Board to authorize him to prepare the necessary Contract Documents at this time. COUNCILWOMAN VISCONTI moved to authorize Jay Paggi, Engineer to the Town to prepare the necessary Contract Documents to go out to Bid, under the new schedule, pending conformation that the funds have been authorized for the construction. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence from the NYSDOT, Traffic Engineering & Safety Group with a report on a safety study that was conducted at the Rail -Highway Grade Crossing Safety Investigation for the Front Street crossing in the Town of Wappinger. As part of the study, some safety deficiencies were identified and brought to the attention of the Town, with their recommendations. Mr. Foster informed the Board that he had spoken to Mr. Rehm twice since receiving the study and he is in the process of checking with his Supervisor. Mr. Foster feels this does not appy in this case since there is no warning required approaching from an easterly direction. He is waiting for a phone call from Mr. Rehm who is talking to his Supervisor, and it may not be necessary. COUNCILWOMAN VISCONTI moved to refer this safety study to Graham Foster, Highway Superintendent who will report back to the Board. Seconded by Mr. Bettina Motion Unanimously Carried *4W Correspondence from Continental Cablevision, informing the Town of price changes starting October 1, 1996. The new pricing will be reflected in the October billing statements. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Page 7 092396.RGM Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence from the Board of Fire Commissioners of the Hughsonville Fire District requesting the Town Highway Department sand and salt the parking lot of the firehouse, when necessary this winter. They will pay for the necessary materials. COUNCILWOMAN VISCONTI moved to approve the request from the Hughsonville Board of Fire Commissioners and authorize the Town Highway to salt and sand the parking lot of the Hughsonville Fire House, when necessary this winter. Also Chelsea and New Hackensack, if requested. Seconded by Mr. Bettina Motion Unanimously Carried A request for the return of escrow was received from Craig & Lisa McCloskey, Lot #2 Lindsey Court in the amount of $2,000. COUNCILWOMAN VISCONTI moved to authorize the return of the above escrow, based on the recommendation of Donald Close, Zoning Admi ni st rat or. Seconded by Mr.Valdati Motion Unanimously Carried Correspondence from Al Roberts, Attorney to the Town informing the Town Board of the decision of the Honorable Joseph Juidice, in connection with the Spotted Owl Development Corporation. The decision confirms the decision made by the Zoning Board of Appeals on November 28, 1995. Based on this record, the conclusion is inescapable that the determination of the Zoning Board of Appeals of the Town of Wappinger was not arbitrary and capricious and, therefore, there is no basis to annul and set aside their decision. The petition is dismissed. COUNCILMAN VALDATI moved to accept the decision and place it on file. Page 8 F�' 1W M 10 Seconded by Mr. Bettina 092396.RGM Motion Unanimously Carried Mr. Roberts announced that he had just received notice of an appeal on this decision. Correspondence from Joseph R. Pisani, Attorney representing Michael P. DeRario of 16 Gold Road. Since June of 1994 Mr. DeRario has been complaining to the Town about a pooling and water condition that was caused by Mr. Robert Lombardi who owns property adjacent to Mr. DeRario. Records will indicate that during the period September, 1993 to June 29th of 1994, Mr. Lombardi, without a permit regraded and added fill to his property in such a manner that the natural conditions of waterflow from Mr. DeRario's property over Mr. Lombardi's property to an adjacent creek was changed and disturbed. Mr. DeRario has continually, without success, complained to the Town that the unauthorized action of Mr. Lombardi to account for this problem he has caused. COUNCILWOMAN VISCONTI moved to authorize Attorney to the Town, Al Roberts, respond to Mr. Pisani. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Paul Reed regarding Bell Atlantic NYNEX Mobile's business needs in the Wappinger area. BANM is in the process of improving its cellular telephone service in the Wappinger area. Many of their customers are experiencing problems, and in order to correct these problems, BANM needs to build a cellular telephone (cell site) in the area. One of the locations that has been identified as a potentially feasible location is the Town of Wappinger's Highway Garage on Old Route 9 north of Middlebush Road. Mr. Reed is inquiring whether the Town of Wappinger is interested in leasing the above property to BANM for the installation of such a facility. If the Town is Page 9 f fi _� FJ E_r 092396.RGM interested, BANM will then conduct engineering tests at the site to determine, if in fact, the location fits their needs at this time. SUPERVISOR SMITH introduced Mr. Reed from the audience. Mr. Reed explained that a cell site consist of a small equipment shelter, which is 15 x 30 feet and an antenna structure of up to 180 feet in height. SUPERVISOR SMITH explained to Mr. Reed that we are very cramped at the Highway, Mr. Foster agreed. COUNCILWOMAN VISCONTI proposed that Mr. Reed get together with the Assessor and Supervisor Smith perhaps there are parcels of Town property that would provide the amount of space needed to build a cell site. Mr. Reed agreed. COUNCILWOMAN VISCONTI moved to accept the correspondence and and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Corbally, Gartland and Rapplyea, Attorneys representing Cly Realty subdivision . They wish to address the fee situation of Cly for its two lot subdivision on Smithtown Road. This letter is precipitated by the demand by the Planning Board for $2500 to divide a ten acre lot into two five acre lots. Their client will not pay that sum and has no legal obligation to pay the same. COUNCILWOMAN VISCONTI moved to refer the correspondence to Attorney to the Town Al Roberts, to follow up with a report, to the Town Board. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from The NYSDEC notifying the Town that they have completed the engineering technical review of the Final Revised Closure Plan, dated July 5, 1996, for Castle Point Landfill, Town of Wappingers. The Department conditionally approved the FRCP, providing that several items be addressed to the Page 10 F� n F� f 092396.RGM satisfaction of the Department. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Bettina ` Motion Unanimously Carried Ralph Holt, Chairman of Recreation requests a P. 0. in the i%, amount of $2,400, payable to RGH Construction, to provide backhoe work at the Recreation areas. Three (3) proposals were received, RGH being the lowest. COUNCILWOMAN VISCONTI moved to approve the P.O. in the amount of $2,400 payable to RGH Construction, to provide backhoe work at the Recreation areas, as recommended by Ralph Holt. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Neil MacCormick, Assistant Director of Coastal Resources and Waterfront Revitalization. He thanked Supervisor Smith for the application to the Department of State for a waterfront revitalization grant under Title 11 of the Environmental Protection Fund. Requests for assistance far exceeded the amount of funds available. Unfortunately, the application was not eligible for funding. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file Seconded by Mr. Valdati Motion Unanimously Carried An application for a change of Zone was received from Allen V. Rose/AVR Realty Company. �1r COUNCILWOMAN VISCONTI moved to refer this application to the Planning Board for comments as Lead Agency. Seconded by Mr. Bettina Motion Unanimously Carried At the Planning Board Meeting held on September 16, 1995, the Page 11 092396.RGM Board made a recommendation to the Town Board to approve the changes to the Zoning Law as contained in the Comprehensive Zoning Law Revision #4 of 4 as prepared by Frederick P. Clark Associates, Inc. COUNCILMAN RUGGIERO moved to authorize Attorney to the Town, Al Robertsre are a Local Law to introduce at next months Town p p Board Meeting. Seconded by Mrs. Visconti Motion Unanimously Carried The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption ( for Home and Non -Homestead Development tax rates). (1) I, the Clerk of the legislative body of the Town of Wappinger, an approved assessing unit, thereby certify that the legislative body determined on September 23, 1996 adjusted base percentages, adjusted percentages and adjusted base proportions as set forth in the 1996 Assessment Roll and portions identified. (2) I, the Clerk of the legislative body of the Town of Wappinger, an approved assessing unit, hereby certify that the legislative body determined on September 23, 1996 base percentages, current percentages and current base proportions as set forth herein for the 1996 Assessment Poll and portions identified. Seconded by Mr. Valdati Motion Unanimously Carried The Town Board authorized Tom Logan, Assessor to prepare Benefit Rolls for the various Water and Sewer Improvement Areas within the Town. In order to accurately and completely enter any - changes, Mr. Logan is requesting some direction in certain areas. The first question of the Board is, should Town owned parcels be assigned benefits if that parcel lies within an Page 12 092396.RGM improvement area. This question arises as a result of a meeting Mr. Logan had with Supervisor Smith, Jay Paggi, and Al Roberts, in which Mr. Paggi and Mr. Roberts both indicated that Town parcels should be charged in the same manner as any other parcel in an improvement area. Their opinion would appear to include firehouses, water pumping stations, storage tanks and sewer pumping parcels. A further request for direction from the Board related to Cranberry Hills, which have been assigned 1/3 Benefit Units reflecting the fact that while the parcels are within Sewer #1, there has not been capacity to permit sewer hook-ups. Now that Sewer #1 has been connected to the Tri -Muni plant, may I assign full Benefit Units to Cranberry Hills? Also, the Board directed Mr. Logan to reduce both Krajon and Jeff Hunt Property parcels from full benefit assessment upon lots with subdivisions having preliminary approval with final approval dependent on Town Water and Sewer availability. Is the Town now able to provide Water and Sewer to either or both of t these parcels, and if so, may he assign increased benefit units to the parcels. Currently the parcels are treated as vacant land. COUNCILWOMAN VISCONTI moved to direct Mr. Logan to assign Benefit Units to Town Parcels, in agreement with section 490 of the Real Property Tax Law. Cranberry Hills will be assigned .8 Benefit Units per lot. Krajon and Jeff Hunt parcels with preliminary subdivision approval will be .3 Benefit Units per lot, and property with final subdivision approval will be .8 Benefit Units per lot. Seconded by Mr. Valdati Motion Unanimously Carried , L Correspondence from Peter McGuire regarding his ongoing water problem at his home. After the winter storm, he had to install a sump pump in his basement. The rainy Spring and early summer added to the problem, has discharged a tremendous amount of Page 13 092396.RGM water into his backyard. He believes it is rain water. During the last two weeks of August, as things dried out, the volume of water through his sump pump remained steady, and in fact, appeared to increase. Mr. McGuire believes that there may be a problem involving the water main on his street, because the water pressure in his house is poor. He is requesting some one to assess the situation. SUPERVISOR SMITH informed the Board that CAMO notified her there was a leak in the Lateral, and Mr. McGuire was informed of this. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The following Tax Certioraris were served on the Town of Wappinger: Rosenberg & Silver; Pacific State Land Corp. Chelsea Ridge Mall; Chelsea Ridge Associates. COUNCILMAN VALDATI moved to referred the above state Tax Certioraris to Emanuel Saris, Attorney to the Town appointed to handle Tax Reviews, to defend on behalf of the Town. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence from Nicholas J Deluccia, of Andlyn Associates Advising the Town that they are presently in contract with Frank Biakowski of Satellite Investment to purchase a (9) lot sub -division in the Town of Wappinger know as Oak Ridge. They would like to request, at this time, an early entry into the Tri -Municipal sewer district. COUNCILMAN BETTINA moved to authorize Supervisor Smith send a letter to Mr. DeLuccia, advising that Town Board approved the early entry of Oak Ridge sub -division into the Tri -Municipal sewer district, subject to Board of Health approval. Seconded by Mrs. Visconti Page 14 Motion Unanimously Carried 092396.RGM Additional correspondence from Mr. Ed Wisniewski regarding the dangerous conditions that exist on Kent Road since the police have been pulled from the front of Kent (near Myers Corner Road). It is almost impossible to walk on Kent Road without being intimidated. There was some discussion regarding Mr. Wisniewski's letter. SUPERVISOR SMITH informed the Board that patrols were never pulled from Kent Road. COUNCILMAN BETTINA moved to accept the correspondence and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried A request from the Seniors Bowling League for some financial assistance from the Town in order to help pay for their bowling expenses. They understand that our Recreation Department have at their disposal, allocated government funds which could be used for this program for their Seniors. COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith send a letter informing them we do not provide for this program at this time. Seconded by Mr. Valdati Motion Unanimously Carried A request from Tom Logan for permission to attend the Annual New York State Assessors Association Seminar & Conference from 9/24/96 thru 9/27/96 at Kutchers Hotel, Monticello, NY. This is an education seminar for continuing education credits as required by New York State. COUNCILMAN VALDATI moved to approve the request of Tom Logan to attend the Annual New York State Assessors Association Seminar & Conference from 9/24/96 thru 9/27/96 at Kutchers and his legitimate expenses to be a Town charge. Seconded by Mrs. Visconti Motion Unanimously Carried Page 15 092396.RGM A request for Certification of Adjusted Base Proportions for the Town of Wappinger, Beacon, Arlington, and Wappinger Central Schools, was received from Town Assessor, Tom Logan, as required by Article 19 Section 1903 of the Real Property Tax Law. The Town Board must annually certify these proportions. Mr. Logan briefly explained to the Town Board how these proportions were calculated. COUNCILWOMAN VSCONTI moved to Certify the Adjusted Base Proportions for the Town of Wappinger, and, Beacon, Arlington, and Wappinger Schools as requested by Tom Logan, Assessor. Seconded by Mr. Valdati Motion Unanimously Carried A Purchase Order from CAMO Pollution Control for its services to install a chlorination filter at the Schlathaus/Bruxel Recreation Park in time for the Town of Wappinger Community Day on September 8. CAMO was asked to submit a bid, instead the company offered to do the job for free. COUNCILMAN BETTINA moved to accept the Purchase Order and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried A petition from residents requesting the Town investigate and take appropriate action tc halt long observed and ongoing violations of the Town's Zoning Ordinance because of illegal activities being conducted at 152 Rosewood Drive in the Town of Wappinger. They believe there are serious violations on the Zoning Ordinance's Section 421 limitations against operation of a business not considered to be a "home occupation", as defined in Section 200. They are also concerned about other possible violations of local and state public health and safety laws. Together these violations disrupt and interfere with the peaceful enjoyment of their properties and homes. Mr. Caruso of 155 Rosewood Drive was recognized by the Board, who spoke Page 16 t F� 092396.RGM regarding these violations. SUPERVISOR SMITH announced that this matter has been placed on the October 15, Workshop. A MEMORANDUM from CAMO Pollution Control regarding a call they received from the plumber representing Dr. Desai of 229 All Angels Hill Road. At that time, the plumber informed CAMO that the homeowners's well had gone dry and he was requesting %4W permission to tie into the Central Wappingers Water System. After consulting with the Town Engineer regarding this hookup, it was determined that Dr. Desai's residence was in the 1 Ll district, and costs to hook up into the Town's water main would all be the burden of Dr. Desai. The next day CAMO informed Dr. Desai's plumber of these findings. At that time CRMO was informed that Dr. Desai had determined to try to repair his individual well. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Alton Knapp, President of Knapp Associates, informing the Town of the upcoming workshops to be conducted relative to the National Flood Insurance Program Floodplain Management. NYS building code enforcement officers will obtain 3 hours of credit from the Department of State Office of Fire Prevention & Control for each session attended, for a maximum of 6 credits. All attendees will receive a certificate of completion for each course attended. Two workshops will be held. Wednesday October 9th from 1-4 PM and Wednesday October 16th from 1-4 PM. SUPERVISOR SMITH moved to authorize Mr. Bettina, Mrs. Visconti, Mrs. Buckley, and herself to attend both workshops, and their legitimate expenses to be Town charge. Seconded by Mr. Bettina Page 17 092-096.RGM Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI on Highway. Announced that the Village has started their Fall clean up. The Village has adopted the same procedure for notifying residents as the Town and it seems to be very successful. COUNCILMAN BETTINA requesting Supervisor Smith to contact the Waste Water Authority to inquire if any funds are available for Fleetwood to improve the quality of water. COUNCILWOMAN VISCONTI had no reports at this time. SUPERVISOR SMITH had several reports. She received a letter from the Association of Towns asking to send a letter of support for the Mortgage Tax Bill. She does not support it. COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith send a letter to Governor Pataki stating we do not support the Association of Towns stand regarding the Mortgage Tax Bill and urging him not to sign. Seconded by Mr. Bettina Motion Unanimously Carried SUPERVISOR SMITH announced that Charles Ricotta has been hired as the new Building Inspector for the Towr,. He will be starting on October 7, 1996. Mr. Ricotta needs to be appointed provisionally, until he takes the exam. He had the same position in Newburgh, and he no longer wishes to work in Newburgh. He had taken the exam years ago, but Civil Service will not accept the old exam and he must retake it. The following resolution was offered by COUNCILMAN BETTINA who moved its adoption. RESOLVED, that Charles Ricotta be and he hereby is appointed, J-1 provisionally, to the Civil Service Position of Building Inspector for the Town of Wappinger, and Page 18 092396.RGM BE IT FURTHER RESOLVED, that the annual salary for this classified Civil Service position in the Town be and the same hereby is fixed and established at the following annual rate of $29,000, pro -rated, to be paid every Friday throughout the year. Seconded by Mrs. Visconti r i.• Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted %4W The last item is in regard to the FEMA money we receive for Highway. Mr. Foster, Highway Superintendent applied for $25,275. We received 75% of that amount. We must create a revenue account, then it will move into Highway 5110.4. At this time Supervisor Smith introduced Dutchess County Legislature, John Beale from the audience. When asked if he wished to say a few words, Mr. Beale said he was only here as an observer tonight. We are focusing on the County Infirmary at this time. Its been a sore subject to the extent that we run somewhere between $500,000 to one $1,000,000 deficit each �.. year. We are also entertaining the idea of building a new 120 Bed Nursing Home a year from now. We are also focusing on the buildings at our Parks that are in need of repair. BONDS & LETTERS OF CREDIT Mr. Close submitted his report for the month of August on the Subdivisions, the amounts, expiration dates and call up dates. Mrs. Visconti noted that there was a typo error on the call up date for Nicole Farms. It should be 12/1/96 COUNCILWOMAN VISCONTI moved to accept Mr. Close's report as corrected, and place it on file. �rr Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS The next item for the Boards consideration is a request from Tega Industries, Inc., d/b/a NY Electrical Inspections, to be Page 19 092396. P,GM put on the list to do electrical inspections in the Town of Wappinger. All the documents seemed to be in order, and upon Town Board approval, Mr. Liebermann, Acting Building Inspector recommends that a Certificate of Insurance be submitted, naming the Town of Wappinger as Certificate Holder, to be renewed on an annual basis. COUNCILMAN VALDATI moved that Tega Industries, Inc., d/b/a NY Electrical Inspections be added to the list to do electrical inspections in the Town of Wappinger. Seconded by Mrs. Visconti Motion Unanimously Carried A Public Hearing having been held for STOP signs on Wheeler Hill Road. The matter was now placed before the Board for their consideration. COUNCILMAN VALDATI moved to adopt Local Law # as Follows: LOCAL LAW # OF THE YEAR, 1996 A LOCAL LAW AMENDING LOCAL LAW #6 OF THE YEAR 1991 REGULATING TRAFFIC AND PARKING WITHIN THE TOWN OF WAPPINGER Section 1. ADDITIONAL FULL STOP STREETS Section 3 of Local Law #6 of the Year 1991, a "Local Law Regulating Traffic and Parking within the Town of Wappinger" as previously amended is further amended by adoption of the following additions, revisions and amendments to said Section adding the following as designated full stop streets: Wheeler Hill Road at its Northerly intersection with Old Troy Road; and Wheeler Hill Road at its Southern intersection with Old Troy Road. Section 2. RATIFICATION Local Law #6 of the Year 1991, "A Local Law Regulating Traffic and Parking Within the Town of Wappinger", was previously amended by the following Page 20 n F, n 092396.RGM vocal Laws: Local Law #11 of the Year 1991, Local Law #12 of the Year 1991, Local Law #7 of the Year 1992, Local Law #4 of the Year 1993, Local Law #7 of the Year 1993, Local Law #8 of the Year 1995, Local Law #1 of the Year 1995, Local Law #2 of the Year 1995, Local Law #4 of the Year 1995, and Local Law #4 r of the Year 1996, all of which are hereby ratified, confirmed and readopted. Section 3. SEVERABILITY In the event any portion of this Local Law is declared to be unenforceable by a Court of competent jurisdiction, all of the remaining portions shall continue in full force and effect. Section 4. EFFECTIVE DATE This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. Seconded by Mr. Bettina Roll Call Vote Vote Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Bettina Aye Councilwoman Visconti Aye Motion Unanimously Carried Bids for the Rockingham Drainage Improvements were opened on September 23, 1996. All Bids were in order. Eleven Bids (11) were received, the lowest being Cal Mart Construction with a bid of $1,085,075. After verification of the Bid documents, it is the recommendation of Jay Paggi, Engineer to the Town, that Cal Mart Construction be awarded the contract for the Rockingham Drainage Improvements, as low bidder with a bid of $1,085,075. Mr. Paggi placed the original estimate for this contract around $986,000 in January of 1996. During the design/development phase of the contract there were certain items added to the job that have increased the cost. Page 21 092396.RGM COUNCILMAN RUGGIERO moved to award the contract, based on the recommendation of Jay Paggi, Engineer to the Town, to Cal Mart Construction for $1,085,075 for the Rockingham Drainage Project, The being the lowest Bid. Seconded by Mrs. Visconti Motion Unanimously Carried COUNCILMAN VALDATI asked Mr. Paggi when he anticipated the work to be completed. Mr. Paggi said if we have the start of winter on December 7th, he does not anticipate completing this year. The pipe work should be complete by mid May, restoration, not until the end of June. The Board will receive a schedule once the contractor is awarded the contract, signs the contract, and orders the pipe. It will be from him. But keep in mind, if winter starts November 20th, then we will stop work. At this time, Mr. Paggi introduced Mark Delbazzo. Mark is the engineer who has worked very closely on this project and has done a fine job. There were eleven Bids and the first four were within 9% of each other. That speaks for the completeness and thoroughness of the documents. Next is to adopt the Memorandum of Understanding between the Town of Wappinger, and CSEA Employees, and authorize the Supervisor to sign. COUNCILMAN BETTINA moved to Adopt the Memorandum of Understanding between the Town of Wappinger and CSEA Employees, in accordance with the letter of September 9, 1996 and authorize the Supervisor to sign. Seconded by Mrs. Visconti ROLL CALL VOTE VOTE Supervisor Smith Abstain Councilman Ruggiero Aye Councilman Vaidati Aye Councilman Bettina Aye Councilwoman Visconti Aye Motion Unanimously Carried Page 22 n W -k F�� 21 E" 092396.RGM Sedore, O'Sullivan, Letterio & Barschi completed their audit report for the year ending December 31, 1995 for the Town of Wappinger with their findings and recommendations. COUNCILMAN VALDATI moved to accept the audit report for the year ending December 31, 1995 from Sedore, O'Sullivan, Letterio & Barschi. Seconded by Mr. Ruggiero Motion Unanimously Carried SUPERVISOR SMITH said she was very proud of our audit report and gave most of the credit to our Comptroller, Ann Buckley who worked very hard to keep us in line. UNFINISHED BUSINESS Additional correspondence from Arlene Cole satisfying her 30 day obligation to notify the Town regarding the rats living in the easement trench that borders her property. Once again reminding the Town if Town workers do anything to disturb the nests causing them to migrate to her property, she is putting the Town on Notice. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried COUNCILMAN RUGGIERO questioned Supervisor Smith regarding the petition signed by the residents of Dorothy Heights. Did she hear from Home Depot regarding the noise level at all hours of the night. Supervisor Smith informed the Board that she did receive a response from the Home Depot, they were very %4W apologetic, they did not realize that they had the outside phones on at night, and there was no reason for that. COUNCILMAN RUGGIERO stated that early in the summer Mr. Paggi, Engineer to the Town was asked to prepare a preliminary report on Green sand filter for Atlas. Has that been done yet? Page 23 092396.RGM Mr. Paggi answered that he does have a draft copy of the report. To be honest, when he received the good results from the Aquifer Analysis and when Fleetwood started having problems he put Green sand on the back burner because he thought a Green sand filter for existing supply will never be built and doing a study would be fruitless. He does have some base numbers they are in the draft report, and he will send a copy with a recommendation to Mr. Ruggiero. COUNCILMAN VALDATI on Fleetwood. Mr. Paggi had informed the Board there were three possibilities of getting water to Fleetwood. What also concerns Mr. Valdati is getting water to Wappinger Park. Is Mr. Paggi going to present a plan for getting water to Wappinger Park? Mr. Paggi said the Route 9 alternative would be presented with and without the inclusion of Wappinger Park at the October Town Board meeting. COUNCILMAN BETTINA speeding on Chelsea Road. Residents are still concerned with speeding. Supervisor Smith explained that the Town Patrol is there every Friday evening at 7:00 P.M.. Perhaps we should send the patrol out early in the morning or late in the evening. SUPERVISOR SMITH also informed the Board regarding the accident that occurred at the corner of Edgehill Drive and All Angels Hill Road between a Town Patrol Car and a young lady. The Town Patrol Car was totaled, there is a $250 deductible and Insurance will pay in the neighborhood of $14,000. We need authorization to go out to bid for a new Town Patrol Car. COUNCILMAN VALDATI moved to authorize Supervisor Smith to go out to bid for a new Town Patrol Car. Seconded by Mrs. Visconti Motion Unanimously Carried COUNCILWOMAN VISCONTI had two items she wished to discuss. The first is in regard to Regency Drive. Because the Soccer field is no longer in use we should consider removing the Page 24 n 9 In 092396.RGM NO PARKING signs so the residents may park in front of their homes if they wish. COUNCILWOMAN VISCONTI moved to authorize Attorney to the Town, Al Roberts prepare a Local Law for the removal of the NO PARKING signs on Regency Drive. Seconded by Mr. Ruggiero Motion Unanimously Carried The second item concerns the parking situation at the soccer fields on Airport Drive. Cars are still parking illegally along the Road. COUNCILWOMAN VISCONTI moved to authorize Supervisor Smith send a letter to the Soccer Club requesting they schedule their games so there is sufficient time between games for people arriving and departing, in order to prevent illegal parking. Seconded by Mr. Bettina Motion Unanimously Carried Because of a failing Septic system, a request was received from Mrs. Valle, of 7 Eck Road for authorization to connect to the Town Sewer system. Correspondence was received from Daniel O'Connor of the DC Department of Health. The Department of Health observed a failure of the sewage system on the above referenced property. A connection to the Town sewer system was recommended. COUNCILMAN BETTINA moved to authorize Mrs. Valle of 7 Eck Road to connect to the Wappinger sewer system based on the recommendation of Daniel O'Connor, P.E. of the DC Department of Health. Seconded by Mr. Valdati Motion Unanimously Carried SUPERVISOR SMITH informed the Board that we are desperately in need of file cabinets for the Town Hall and we wish to purchase three (3) five drawer lateral file cabinets at a cost of $1,326. Page 25 092396. P,GM COUNCILWOMAN VISCONTI moved to authorize the purchase of 3 five drawer lateral file cabinets at a cost of $1,326. Seconded by Mr. Bettina Motion Unanimously Carried NEW BUSINESS The last item for the Boards consideration is a request from i the Village of Wappingers Falls Planning Board to become Lead Agency to conduct SEQR for Berkeley Square since the anticipated impacts are of primarily local significance. COUNCILMAN VALDATI moved to approve the Village of Wappingers Falls Planning Board to become Lead Agency to conduct the SEQR for Berkeley Square, and authorize the Supervisor to sign. Seconded by Mr. Bettina Motion Unanimously Carried There was no other Business to come before the Board. COUNCILMAN BETTINA moved to adjourn the Town Board Meeting, seconded by Mrs. Visconti and Unanimously Carried. The Town Board Meeting closed at 9:30 P.M. Page 26 By Florence Hannon r ( � (YC/1d'C' ai ne i�. nowden Town Clerk n F� 092396.PH A Public Hearing was held by the Town Board of the Town of Wappinger on September 23, 1996, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on a proposed Local Law amending Local Law #6 of the year 1991, a "Local Law Regulating Traffic and Parking within the Town of Wappinger" by designating Wheeler Hill Road as an additional STOP street at its Northerly intersection with Old Troy Road, and by designating Wheeler Hill Road as an additional stop street at its Southern intersection with Old Troy Road. Supervisor Smith opened Hearing at 7:15 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina, (Arrived at 7:20 P.M.) June Visconti, Councilwoman Others Present: Albert Roberts, Attorney to the Town Joseph Paggi, Engineer to the Town Graham Foster, Highway Superintendent Thomas Logan, Assessor Absent: Elaine H. Snowden, Town Clerk The Deputy Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Meeting). Supervisor Smith informed the audience, that the purpose of the Public Hearing is to have input from the residents of Wheeler Hill Road area. SUPERVISOR SMITH asked if there were any questions or comments from the audience. Mr. Williamson of 171 Wheeler Hill Road asked where the STOP signs would be placed. Mr. Foster, presented a sketch showing where the signs would be placed. Jim Pratt of 21 Old Troy Road agreed, that STOP signs should be placed, and wished Page 1 to know how soon they would go up. Mr. Foster answered that he had to wait until the Town Board passes the Local Law and the state is notified. Mr. Roberts informed Mr. Foster, once the Town Board passes the Local Law he can put up the STOP signs. Betty Strang a resident of Wheeler Hill Road wanted to know, if we could not enforce a 30 MPH speed limit how can you enforce people to stop at the STOP sign. Mrs. Smith explained that we only have two people on Town Patrol to cover the whole town. We do as much as we can. Mrs. Strang thinks the Town patrol should patrol the area at 3:00 P.M., when its the worst. Supervisor Smith said she would will send them out at 6:00 A.M. instead of 7:00 A.M. and again at 3:00 P.M. when the traffic is the heaviest. Rosemary Hallenback is in support of the STOP signs. Heidi Dorn asked why there are only Two people to patrol the area. Supervisor Smith said we don't. The State Police are supposed to patrol the area, but she does not have the ability to call the State Police and say go! She can call and say would you mind, and usually they are good about patrolling when she asks. The Dutchess County Sheriff is also supposed to patrol the area. Bob Strang, of Wheeler Hill Road had several questions regarding the STOP signs and the Road itself. Was the.re any chance that the yellow lines would be painted this year. Mr. Foster answered yes. He also asked if there would be white STOP lines. Mr. Foster explained that we generaly don't use the white STOP lines but he would not have a problem putting them in. There were no more comments or questions, Supervisor Smith thanked everyone for attending the Public Hearing, and informed them, later in the meeting, the Resolution for the Stop signs would be adopted. COUNCILWOMAN VISCONTI moved to close the Public Hearing, Seconded by Mr. Valdati and Unanimously Carried. The Public Hearing closed at 7:35 P.M. By Florence Hannon Page 2 092396.PH Elaine H. Snowden Town Clerk Page 3 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW AMENDING LOCAL LAW #6 OF THE YEAR 1991 REGULATING TRAFFIC AND PARKING WITHIN THE TOWN OF WAPPINGER ---------------------------------- STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 9, 1996, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law # of the year 1996 amending Local Law #6 of the Year 1991 Regulating Traffic and Parking within the Town of Wappinger by designating additional full STOP streets at Wheeler Hill Road at its Northerly intersection with Old Troy Road; and Wheeler Road at its Southerly intersection with Old Troy Road, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me// this C;13 led - day of /�.irx 1a�2� 1996 .f:rnma va [.E1 rcrp °rI'i r .;l:c, F; ate of N91v/Y0!$ tjc " n"'"o 9 Coun r 'P`3 P`3 VV31/1,,,�/ 11 0 Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBI(•GIYEN the Town BOW of theTown of Wappk ger will donduct a PUBLIC HEARING on the 23rd day of Seplsmber, II M, at 7:15 pill 'at the Town Hag, town of Wapplripsf, 20 Jrllddlabuah Aoad, Wappirp�ls FAga, NewYWk,�atwhk:h' all pergakt InMraet cit' ns ahau haw auruWAiMIyb as' to w„�edtef �tle Town Boatd Qf the',. 1598, amending Local Law e5 of the Year 1991. -'Local Law Regulating Traffic and Parking with the Town of Wappinger,' by designating Wheeler. Hill Road as an additional full'stop street at Its Northerly intersection with Old Troy Road, and by designating Wheeler Hill Road as an additional stop street at he Southerly Intersec- tion with Old Troy Road. PLEASE TATO: FURTHER NOTICE that copies of said vocal Law N_ of the Year 1998 are available for re- view and inspection at the Office of the Town,Clerk on.weekdays from 8:30 a.m. to 4:00 p.m.; at the Town Hall, `20 Middlsbush Road, Wappingers Falls, New York. Dated: Sept. 9,19M BY ORDER OF THE TOWN BOARD OF.IIHE TOWN OF WAPPINOER ELAINE H. SNOWDEN. -- TOWN CLERK 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 for one weeks successively in each week, commencing on the 11thday of September 96 ........ 19..... and on the following dates thereafter, namely on ............................................................... and ending on the ... th day of .... ........ 1996. both days inclusive. Subscribed and sworn to before me this –11M.... day ofSed ember / 19 96 Notary Public My commission expires ........................ RACHEL WISHAFtt* NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN DUTCHESS COUNTY A 14-4855902 COMMISSION EXPIRES MARCH 31, 194.0