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1996-06-24 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JUNE 24, 1996 7:30 P.M. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. May 27, 1996 _ 4. REPORTS OF OFFICERS: Sup/Compt Town Justices Receiver of Taxes --- Bldg. Insp. Zng. Adm. Dog Control Officer 5. PETITIONS & COMMUNICATIONS a. Ed. Wisniewski Re: Patrols on Kent Rd. b. Adil Antis, re: Water tower Break -Rockingham Farms -Ins. denied C. Jas. Jeffreys, Northease Computer Service, Re: review of Town Computer Systems d. Stephen Christian, Esq. re: 9 Brown Rd. -Westphalia Farms (with cc of letter from Helen Von Hagen to D. Keller) concerning cancellation of Easement e. Annamarie Monaco re: drainage Easement at 27 Doyle Drive f. Michael DeRario re: Effects of neighbor filling his property w/soi g. Arlene Cole, monthly communication re: easement Trench, Rockingham h. David Ruff, D. Co. Dept. of Health re: Consider authorizing add', hook-ups to Phase 3A Sewer Dist - Authorize Eng, to investigate inclusion of recommendations to Phase 3A i. Change Order #5 -Tri -Muni Plant Expansion J. T. Logan, Assessor, requests permission to attend NYS Assessors Assoc. Seminar 7/14 thru 7/19 at Cornell k. 2 Notices of intent to renew Liquor Licenses from Dairy -Mart for the Myers Corners Rd., and Hughsonville locations 1. Application by John and Patrick Seidler for Salvage Yard License (Mid Hudson Auto Wreckers -Route 9D) m. J. Paggi, Eng. to Twn: Reports; (1) Tri Muni Sewer flow (2) Dana Place (tabled from May) (3)Castle Point Landfill - Authorize Eng. to go to bid - W/correspondence from NYSDEC n. M. Dunagan, Tri -Muni Ch. re: Add', hook -up -Phase II (Strype) o. Requests for return of Escrow Funds from (1) Paine-Boracci, Lot 417, Spring Terr. $2,000; (2) Sharon Homes, Inc. Lots 4123 & 4124 Nicole Farms @$2,000 each. p. Frederick P. Clark Associates submittal of Zoning Laws revisions q. M. Rudikoff, Tri -Muni- Notice to involved Agencies designation of Lead Agency for Phase 3A Sewer Improvement r. R. Holt, Rec. Comm. Ch. Report on Angelbrook Playground (2) request for P.O. for Blacktopping Martz 6. ,COMMITTEE REPORTS 7. BONDS &_LETTERS OF CREDIT Zng. Adm. Report 8. RESOLUTTnNR a. Consider adoption of Local Law -No Parking -Airport Drive b. Consider approval of Cablevision Transfer of Control of Franchise C. Introduce Local Law on Old Troy Rd. - One Way d. Authorize A. Roberts, Attny to Twn. to accept CSEA amendment proposal e. Appoint Conservation Advisor Council members f. R. Holt, Rec. Ch. request for Transfer of funds for Fencing from A7110.4 to A7110.2 g. A. Buckley, Compt. requests transfer of accounts h. Additiona Bonding for Tri -Municipal Phase 3A i. Authorize Attorney to negotiate contract w/Village for Dog Control 9. UNFINISHED BUSINESS 10., NEW BUSINESS 11. ADJOURNMENT REMINDER: PUBLIC HEARINGS 7:20 and 7:25 Cablevision & Local Law Airport Dr. 062496.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on June 24, 1996 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 Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent At this time Supervisors Smith requested that the Resolution to consider the approval of Cablevision Transfer of control of franchise be moved up to the beginning of the meeting. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption. RESOLUTION OF THE TOWN OF WAPPINGER, NEW YORK APPROVING THE MERGER BETWEEN CONTINENTAL CABLEVISION, INC. AND U S WEST, INC. WHEREAS, U.S. cablevision Corp. ("Franchisee"), is the duly authorized holder of a franchise ( as amended to date, the "Franchise") authorizing the operation and maintenance of a cable communications system and authorizing Franchisee to serve the Town of Wappinger, New York ("Franchise Authority"); and WHEREAS, Franchisee is a subsidiary of Colony Communications, Inc., which is a wholly-owned subsidiary of Continental Cablevision, Inc. ("Continental"); and WHEREAS, Continental and U S WEST, Inc. ("U S WEST") have entered into an Agreement and Plan of Merger dated as of February 27, 1996 (the "Agreement"), subject to, among other considerations, any required approval of the Franchise Authority with respect thereto; and WHEREAS, in connection with the merger (the "merger") Page 1 114 062496.RGM contemplated by the Agreement, the parent company Continental will merge with U S WEST or with a wholly-owned subsidiary of U S WEST; and WHEREAS, Franchisee will remain in place and continue to hold the Franchise; and WHEREAS, to the extent the Franchise requires, Continental and U S WEST now seek approval of the transfer of control from Continental to U S WEST; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF WAPPINGER, NEW YORK, AS FOLLOWS: SECTION 1. To the extent that the consent of the Franchise Authority is required by the terms of the Franchise and applicable law, the Franchise Authority hereby consents to the transfer of control of the Franchise, which is currently in full force and effect with no outstanding defaults or breaches thereunder. SECTION 2. This Resolution shall have the force of continuing agreement between Franchisee and the Franchise Authority, and the Franchise Authority shall not amend or otherwise alter this Resolution without the consent of Franchisee and U S WEST. Seconded by Mr. Valdati Roll Call Vote: Vote Supervisor Smith Aye Councilman Ruggiero Abstain Councilman Valdati Aye Councilman Bettina Aye Councilwoman Visconti Aye Resolution Adopted Mr. Fouhy, of Continental Cable thanked they Board for their consideration in voting on the resolution at the start of the meeting. MINUTES The Minutes of the Regular Meeting of May 27, 1996 having previously been forwarded to the Board Members, were now placed Page 2 062496.RGM before them for their consideration. COUNCILWOMEN VISCONTI moved that the above Minutes as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Ruggiero Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of May were received from the Supervisor/Comptroller, Town Justices, Receiver of Taxes, Zoning Administrator, Building Inspector and Animal Control Officer. COUNCILWOMEN VISCONTI moved to accept the above reports and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried PETITIONS & COMMUNICATIONS Correspondence from Edward Wisniewski regarding the Town patrols on Kent Road and some concerns with the special treatment some vehicles appear to receive. In the past few months he has noticed vehicles being stopped, and then let go. The same thing keeps reoccurring. If there is favoritism shown on Kent Road because of who these people are, he would appreciate it if the officers were reminded about their responsibility to the neighborhood, not to friends, relatives or folks in related enforcement fields. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Next Correspondence from Adil Antia of 4 Maxwell Place in connection with damages to her property that were caused by the water tower break, in the Rockingham Farms Development, and the denial of her claim by the insurance company. Ms. Antia feels Page 3 114 she has been patient to long and some one should take the responsibility of settling this claim. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried James Jeffries of Northeast Computer Service with his estimate of what it would cost to review, design and prepare a specific course of action to update the computer systems in the Town Hall. To complete the review process, acquire estimates for wiring, hardware upgrades, system enhancements, integration and consolidation he would propose an amount not to exceed $1,680. COUNCILWOMAN VISCONTI moved to authorize the expenditure of up to $1,680 payable to Northeast Computer Service to provide an analysis and Road Map for computer hardware and software for the Town Hall. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence was received from Stephen J. Christian, Attorney at Law (with a carbon copy of a letter from Helen Von Hagen to Donald Keller) concerning cancellation of an easement given to the Town of Wappinger for the laying of pipe across 9 Brown Road, Westphalia Farm, Grid No. 19-6357-01 0817-67-00. Given the fact that alternative avenues are available to the Town without having to lay pipeline across the front lawn of their historic home, the present owners of the property, Carl and Helen Von Hagen have reluctantly chosen to exercise their right of cancellation of the easement. Attorney to the Town Al Roberts informed the Board the easement the Town accepted did have some rights to the property owner to cancel, if the Town had abused using the easement. He does not think the property owners have been able to demonstrate this. He has sent them a letter, and we may have to take some further legal action. He Page 4 062496.RGM is waiting for a response. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried. Correspondence from Annamarie Monaco, 27 Doyle Drive with concerns over a drainage easement that borders her backyard. Over the past 24 years, her property has eroded into the drainage easement. This winters floods have caused her property to flow in the Wappingers Creek. Ms. Monaco is requesting the Town to correct this situation and restore the property to the condition it was when she purchased it. She believes a retaining wall would be a permanent embankment and stop further erosion. Mr. Foster, Highway Superintendent informed the Board that there has been a fair amount of erosion and it is his opinion that we can use gabion baskets to line that wall. He does not know if we have an easement there. Apparently, the drainage was changed along the way to develop the rest of that property in Rockingham. Where the original easement went, isn't where it goes today. Mr. Paggi, Engineer to the Town prefaced that by explaining, where the easement is, the Brook is not. COUNCILWOMAN VISCONTI moved to authorize Jay Paggi, Engineer to the Town to research the area first to see if there is an easement and report back to the Town Board. Also, if there is an easement, authorize the Highway Department to correct the situation. Seconded by Mr. Ruggiero Motion Unanimously Carried A complaint from Mr. Michael DeRario of 16 Gold Road, concerning some work that his neighbor, Robert Lombardi, did on his property on Myers Corners and Brothers Road which affects his property. Mr. Lombardi put some fill on his property, and because of that, Ground and surface water were influenced, and Page 5 116 062496.RGM parts of Mr. DeRario's yard are underwater. The point Mr. DeRario wishes to make, the work was done without the proper permits. Mrs. Smith informed the Board, at that time, the Zoning Administrator did go out and stopped the work until Mr. Lombardi got a permit. COUNCILWOMAN VISCONTI moved to authorize the Supervisor to send Mr. DeRario a letter stating that this is a neighborhood problem, but, if he has any further evidence to support his claim please present it. Seconded by Mr. Bettina Motion Unanimously Carried Monthly communication from Arlene Cole to satisfy her thirty day obligation to notify the Town regarding the rats that are living in the easement trench that borders her property. Once again, reminding the Town that if Town Workers do anything to disturb the nests causing them to migrate to her property, she is putting the Town on notice. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from David Ruff, Director of the Environmental Health Services for the Dutchess County Department of Health requesting, consideration be given to certain areas where on-site sewage disposal systems are a problem and soil conditions are conducive to these type of systems. The following facilities that should be included in Phase 3A of the Wappinger sewer treatment and transmission district are: TEG Federal Credit Union Cooper Road MHP Morning Side Manor Birchwood MHP Appliance Store on Stage Door Drive Contrail Associated Office Building Cottages behind Appliance Store. Engineer to the Town Jay Paggi informed the Board that he will Page 6 062496.RGM be including these properties in his map plan report indicating why we can or cannot include them in 3A, in response to Mr. Ruff's request. COUNCILWOMAN VISCONTI moved to accept the correspondence from Mr. Ruff and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The next item for the Boards consideration is Change Order #5 for the Tri -Municipal Sewage Treatment Plant Expansion. Jay Paggi, Engineer to the Town informed the Board that he had reviewed the change order and everything seems to be in order, the contract is well under the original contract price of $285,320 down to $284,192. COUNCILWOMAN VISCONTI moved to accept Change Order #5 for the Sewage Treatment Plant Expansion and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried A request from Thomas Logan, Assessor, for permission to attend the New York State Assessors Association Seminar July 14th through July 19th, 1996 at Cornell. COUNCILWOMAN VISCONTI to approve the request from Thomas Logan to attend the New York State Assessors Association Seminar at Cornell from July 14, 1996 to July 19, 1996 and his legitimate expenses to be a Town charge. Seconded by Mr. Bettina Motion Unanimously Carried Two notices of intent to renew their liquor license was received from Dairy -Mart for their stores on Myers Corners Road and Hughsonville. COUNCILMAN VALDATI moved to accept the two notices of intent to renew liquor licenses from Dairy -Mart for their Myers Corners Road and Hughsonville locations, and place them on file with no comment. Page 7 its Seconded by Mrs. Visconti 062496.RGM Motion Unanimously Carried An application was received from John and Patrick Seidler for a Salvage Yard License for the Mid Hudson Auto Wreckers, Route 9D. The Seidlers purchased the Salvage Yard from Priscilla Shapiro, and will continue using it as a Salvage Yard. COUNCILWOMAN VISCONTI moved to approve the application for a Salvage Yard License for John and Patrick Seidler for Mid Hudson Auto Wreckers Route 9D, upon the recommendation of Donald Keller, Building Inspector. Seconded by Mr. Bettina Motion Unanimously Carried Several Reports were submitted from Jay Paggi, Engineer to the Town. The first report concerns the Tri Municipal Sewer Flow Meter. The Flow Meter for the Wappinger Sewer Transmission/Treatment Improvement was started on May 13, 1996. From May 13, 1996 to date, the average daily flow was 221,094 F gallons per day. As you are aware, this is well under the 258,000 gallons per day for early entry. COUNCILWOMAN VISCONTI moved to accept the Tri -Muni Sewer flow report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried The second report concerns the Dana Place Drainage that was tabled from last months meeting, and to allow Mr. Paggi to conduct an additional field inspection in the area to assess the overall runoff patterns, with his recommendations. As previously reported, the runoff from the Widmer Road area and Berberich pond, flows in a northerly direction partially across the rear of lots adjacent to Dana Place, and partially across Dana Place. The overland flow then crosses property fronting on Wildwood Drive, and eventually winds up inundating Wildwood Page 8 119 062496.RGM Drive, the low point of the drainage area. To capture the runoff prior to its inundating Wildwood Drive, it is necessary to intercept it at some point further south than Wildwood Drive. An appropriate location to do this would be in the back yard area of the lots around the cul-de-sac of Dana Place. From here the runoff can be piped down to Wildwood Drive in the existing closed storm drain system. This would preclude the runoff from inundating Wildwood Drive. As a side light to this it would also preclude the runoff from inundating the rear yards of Dana Place and Wildwood Drive. COUNCILMAN RUGGIERO moved to authorize Jay Paggi to perform the drainage work on Dana Place. Seconded by Mrs. Smith Roll Call Vote Vote Councilman Ruggiero Aye Councilman Valdati Nay Councilman Bettina Nay Councilwoman Visconti Nay Supervisor Smith Aye Motion Defeated After the Vote there was some discussion. Mr.Valdati felt that this is a private property matter and it is not the Towns responsibility to perform the work. Mrs. Smith voted yes because our professionals has advised us it was part our responsibility and part theirs. Mr. Bettina asked Mr. Roberts, Attorney to the Town, when does it become a legal obligation of the Town to fix private property? Mr. Roberts responded, you never fix private property, it has to be a public problem which covers a large territory, it must impact the public in general, it must be for safety of a certain segment of community, or it %r has to impact public property, which in this case, is Town Roads. Mrs. Smith said that $50,000 was taken out of Highway account and put into downstream drainage but it was earmarked for Highway drainage at Dana Place and Brian Place Town property. Would Mr. Foster want to transfer that money back Page 9 120 062496.RGM into Highway account. He said yes. $50,000 would be a large percentage of this job. COUNCILWOMAN VISCONTI moved to authorize Highway Superintendent Graham Foster to prepare a letter on scope of overall project, for road repair and at the same time request the transfer of funds from Drainage back to Highway and the Board will review it. Seconded by Mr. Ruggiero Motion Unanimously Carried The last report concerns the Castle Point Landfill. The Landfill closure and post -closure care requirements are detailed in a consent Order between the Town and the New York State Department of Environmental Conservation, and are further enumerated in 6NYCRR Part 360, effective December 31, 1998. The Total Current (today's) cost of landfill closure including testing, drilling, analysis and design, construction, inspection and certification is estimated at $550,000. The cost of post closure care through the end of the required period is an unknown variable at this time. While Part 360 allows for 30 years of post closure monitoring, many factors may combine to reduce this period significantly. Frequency and duration of post -closure testing is also eligible for Mandate Relief, and the New York State Department of Environmental Conservation seems to be in the process of evaluating and establishing guidelines. Mr. Paggi addressed the May 23, 1996 review letter from the DEC. According to the review letter the following conditions must be met. (1) We are going to have public notification indicating that the public has been appropriated notified about the Towns intent to request variances under the Governors mandate relief. (2) We must also refile the deed, with a provision in the deed stating that he period of time which the property was used as a landfill and what actions took place there. (3) We must send a certified letter to the DEC Page 10 F_J F! M 12 11- 062496.RGM stating the number of downstream receptors or residences within a mile of the landfill. There are also certain administrative items that must be completed. At this time I would like the authorization to place an advertisement in the newspaper and have Mr. Roberts file the appropriate requirements for the new deed and request the Supervisor sign a letter stating the number of residences downstream of the landfill and other administrative items as may be required in the May 23, 1996 review letter from the DEC. COUNCILWOMAN VISCONTI move to authorize Mr. Paggi to place an advertisement in the newspaper and also authorize Attorney to the Town Al Roberts to file the appropriate requirements for the new deed. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Michael Dunagan, Chairman of the Tri -Muni Sewer Commission notifying the Supervisor that at their regular meeting of June 4, 1996 the Tri -Muni Sewer Commission voted to allow Mr. & Mrs. Strype, 12 Brown Road, Wappingers Falls, NY to connect to the Phase II Collection pipe which is located near their property. The connection is to be performed in accordance with the requirements outlined by the DC Health Department. COUNCILMAN VALDATI moved to accept the correspondence and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried Requests for the return of Escrow Funds were received from (1) Paine-Boracci, Lot #7 Spring Terrace $2,000. (2) Sharon Homes, Inc. Lots #23 & #24 Nicole Farms @ $2,000 each (3) Landsbergen-Maltempi Lot #28 Wyndham Crossing for $3,000. COUNCILWOMAN VISCONTI moved to approve the request for the return of Escrow Funds to (1) Paine-Boracci, Lot #7 Spring Page 11 062496.RGM Terrace $2,000. (2) Sharon Homes, Inc., Lots #23 & 24 Nicole Farms @ $2,000 each, (3) Landsbergen-Maltempi, Lot #28 Wyndham Crossing $3,000, upon the recommendation of Building Inspector Donald Keller. Seconded by Mr Ruggiero Motion Unanimously Carried After the vote there was some discussion regarding the return of escrow funds. Supervisor Smith has had numerous calls from builders, questioning why they must wait until a Town Board meeting to get Town Board approval for the release of their landscaping escrow. Can this procedure be eliminated? Attorney to the Town, Al Roberts, indicated that he would have to check on the legal ramifications before any decision can be made. COUNCILMAN VALDATI moved to authorize Attorney to the Town Al Roberts look into the legality of eliminating this procedure and report back to the Town Board. Seconded by Mrs. Visconti Motion Unanimously Carried Next are the Comprehensive Zoning Law revisions Submittal #4 of 4 as prepared by Frederick P. Clark Associates, Inc. The fourth submittal is intended to address the remaining portions of the Zoning Law and complete the comprehensive review and revision process. It includes substantive revisions to the following major sections: 1. The proposed rezoning of the Old Rout 9, Old State Road and Middlebush Road area to permit and encourage a greater and more appropriate variety of uses, development density and improved development pattern; 2. Site development plan requirements, standards and procedures; 3. Dimensional standards for residential and non-residential districts; Page 12 062496.RGM 4. Parking and loading requirements and standards; 5. Zoning Board of Appeals criteria and procedures; 6. Enforcement, building permits and certificates of occupancy procedures, responsibilities and requirements; Standards and procedures for non -conforming uses and structures; and 8. Sign regulations. The fourth submittal also includes many other general revisions throughout the text such as the consistent use of terms and definitions, clarification of intent, corrected and improved referencing and the elimination of awkward , redundant and unnecessary wording. COUNCILMAN VALDATI moved to accept Zoning Law revisions submitted by Frederick Clark Associated and place them on file. Seconded by Mr. Bettina Motion Unanimously Carried A notice from Tri -Municipal Sewer Commission to involved Agencies designation of Lead Agency for Phase 3A Sewer Improvement. COUNCILMAN VALDATI moved to accept the notice from the Tri -Muni Sewer to involved agencies of Lead Agency for Phase 3A Sewer Improvement, and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried At the last meeting, Ralph Holt, Chairman of Recreation was requested to check out the Angelbrook Park playground located off Rich Drive and report back to the Town Board with his findings and suggestions. Mr. Holt reported that it is a small piece of land, not conducive for use as a ball field. It can, however be used for picnics or to just walk and enjoy the open space. Mr. Holt would like to make the following suggestions to resurrect the Park for use. Page 13 062496.RGM 1. Cut the grass and brush, and keep it clean on an ongoing basis. 2. Put up a sign identifying the Park land as a Town of Wappinger Park. 3. Monitor its usage and if it looks good, install a small slide and in the future a swing set. 4. Determine if it makes sense to establish a parking arrangement for 4 to 6 cars. The main things are keeping the grass cut and the park clean. Anything else depends on usage. COUNCILWOMAN VISCONTI moved to accept Mr. Holt's report on the Angelbrook Park and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried Ralph Holt, Chairman of Recreation also requests permission to obtain P.O.'s payable to AmeriTech for paving work as follows: (1) $1,490, for paving around the building at Martz Field. The paving is cracked, broken and has holes in it causing a safety concern for playground children. Because of its surface, broken glass get embedded in the holes. Three quotes were received, AmeriTech being the lowest. (2) $1,275 to finish blacktop work around the barn area. Three quotes were received, AmeriTech being the lowest. The funds for both these jobs are in account A-7110.4 COUNCILWOMAN VISCONTI moved to approve the above Purchase Orders as submitted by Ralph Holt, Chairman of Recreation. Seconded by Mr. Bettina Motion Unanimously Carried At this time Supervisor Smith announced that the Summer Program started today, there are 600 children in the program and 100 on the waiting list. It is sad that these children can not attend because their parents did not sign them up soon enough. In order to for these children to attend the program, 6 more Page 14 F� 9 M E 062496.RGM counselors would be needed at a cost of $7,200. The funds could come out of the Contingency Budget Account B 1990.4 to hire 6 more Counselors, if the Board were to approve this expenditure. After some discussion the Board agreed, the children on the waiting list should have the opportunity to attend the Summer Program offered by the Town. COUNCILMAN BETTINA moved to approve the transfer of $7,200 from the Contingency Budget Account B 1990.4 to Recreation Budget Account B 7310.1, to hire 6 more Counselors for the summer program at the Town Parks to allow the children on the waiting list to attend the summer program. Seconded by Mr. Ruggiero Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI had no reports at this time. COUNCILWOMAN VISCONTI wished to complement the Town Clerk, on the lovely letter that she sent to the Department of Transportation regarding the blacktopping of shoulders on the Taconic State Parkway. We received a reply from them saying they were not going to impact the scenery with blacktop. COUNCILMAN BETTINA with several complaints from residents in the Chelsea area about speeding and disorderly conduct by the recreation area. Mr. Bettina questioned Supervisor Smith about patrolling the area. Supervisor Smith informed Mr. Bettina that the area is patrolled by the Town on a regular basis. COUNCILMAN VALDATI asked Mr. Foster, Highway Superintendent in regard to the monitoring of wells near the Highway department. Have the residents been notified as to the status. Mr. Foster said they had. BONDS & LETTERS OF CREDIT Page 15 12 062496.RGM Mr. Close submitted his report for the month of May on the subdivisions, the amounts, expirations dates and call up dates COUNCILWOMAN VISCONTI moved to accept Mr. Close's report and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried RESOLUTIONS A Public Hearing having been held on the proposed Local Law amending Local Law #6 of 1991 as amended a Local Law regulating traffic and parking within the Town of Wappinger by prohibiting the parking, stopping or standing of automobiles, cars, trucks, motorcycles and other motor vehicles along both sides of Airport Drive from its intersection with Route 376 to its terminus in a cul-de-sac. The matter was now placed before the Board for their consideration. COUNCILMAN RUGGIERO 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 Be it enacted by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. LEGISLATIVE INTENT It is the intention of the Town Board of the Town of Wappinger in the interest of the public health, welfare and safety of the people of the Town of Wappinger to restrict parking on both sides of Airport Drive in the Town of Wappinger, so as to prevent any obstruction to the normal and regular flow of traffic along AIRPORT DRIVE 4 SECTION 2. ADDITIONAL STREETS WHERE PARKING, STANDING OR STOPPING IS PROHIBITED Section 5 of Local Law #6 of the Year 1991, a "local Law Regulating Traffic ad Parking within the Town Wappinger" as Page 16 062496.RGM amended, is further amended by the adoption of the following additions, revisions and amendments to said section by adding: No parking, stopping or standing of automobiles, cars, trucks, motorcycles and other motor vehicles shall be allowed along both sides of Airport Drive from its intersection with Route 376 to its terminus in a cul-de-sac in the Town of Wappinger at all times. SECTION 3. 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 Local 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 1994, Local Law #1 of the Year 1995 and Local Law #4 of the Year 1995, all of which are hereby ratified, keep confirmed and readopted. SECTION 4. SIGN The Highway Superintendent of the Town of Wappinger is hereby directed to install appropriate signs indicating that here shall be "no Parking, Stopping or Standing" in the designated area. SECTION 5. VIOLATIONS The owner of any vehicle which is found to be parked or standing in the "No Parking, Stopping or Standing" zone as enumerated above, shall be guilty of a violation and shall be subject to a fine as provided in 10 of Local Law #6 of 1991 and allowed pursuant to 1660 of the Vehicle and Traffic Laws of the State of New York. SECTION 5. EFFECTIVE DATE This Local Law shall take effect immediately upon adoption and filing as provided by the Municipal Home Rule Law. Seconded by Mrs. Visconti Roll Call Vote Page 17 Vot e 062496.RGM Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Bettina Aye Councilwoman Visconti Aye Motion Unanimously Carried The next order of business is introduction of a Local Law to change Old Troy Road from its current designation for one way traffic in a north to north easterly direction to one way traffic in a south to south easterly direction and to set a Public Hearing. The following resolution was moved by COUNCILMAN VALDATI and seconded by COUNCILMAN RUGGIERO. WHEREAS, the Town Board has recently received complaints from residents of Wheeler Hill Road and Old Troy Road, located in the Town of Wappinger, of increased traffic and speeding vehicles along said roadways; and WHEREAS, the Town Board has determined that much of the increased traffic is due to commuters traveling to the New Hamburg Railroad Station; and WHEREAS, Old Troy Road is presently designated a one-way street going in a north to northeasterly direction; and WHEREAS, the Town Board has determined that reversing the direction of traffic on Old Troy Road may lessen the incidence of traffic and speeding; and WHEREAS, the Town Board has determined that it is in the best interests of the public health, welfare and safety of the People of the Town of Wappinger to reverse the permitted direction of traffic on Old Troy Road from its current designation for one-way traffic in a north to north-easterly direction to one-way traffic in a south to south-westerly direction starting from its intersection with New Hamburg Road to its intersection with Wheeler Hill Road; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Page 18 062496.RGM 1. The Town Board hereby determines that the intended action that is, the designation of Old Troy Road for one-way traffic in a South to South -Westerly direction starting from its intersection with New Hamburg Road to its intersection with Wheeler Hill Road is an Unlisted Action pursuant to Article 8 ECL and the related Title 6 - 617 NYCRR and Local Law #6 of 1992 and action for which there are no other involved agencies. 2. The Town Board hereby declares itself LEAD AGENCY PURSUANT TO ARTICLE 8 ECL AND THE RELATED TITLE 6, PART 617 NYCRR. 3. The Town Board has caused to be completed Part 1 and Part 2 of the short form EAF for this project in the form annexed hereto. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617 NYCRR, and has determined the intended action will not create any significant adverse impacts on the environment, however the Town Board determines not to make a DETERMINATION OF SIGNIFICANCE for this project until the conclusion of the public hearing on the proposed Local Law. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law # of the Year 1996 to be held at the Town Hall on the 22nd day of July, 1996 at 7:15 o'clock in the afternoon and that the Town Clerk is directed to post and publish notice of the Public Hearing in the form annexed hereto. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: ROLL CALL VOTE VOTE Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Bettina Aye Councilwoman Visconti Aye Page 19 062496.RGM Resolution is hereby duly declared adopted. The next item for the Town Boards consideration is to authorize Attorney to the Town Al Roberts to accept the CSEA amendment proposal. COUNCILWOMAN VISCONTI moved to authorize Attorney to the Town Al Roberts to accept the CSEA amendment proposal. Seconded by Mr. Bettina Motion Unanimously Carried The terms of the Town of Wappinger Conservation Advisory Council expired on June 1, 1996; Supervisor Smith presented a list of members for reappointed, and new ones that she recommended be appointed. She also informed the Board that she had placed an ad in the newspaper for two more members. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption. RESOLVED, that the following members be appointed to the Town of Wappinger Conservation Advisory Council: Louis DiCocco, _ Larry Murphy, Florence Graff, Donald Stein, Margaret Maruschak BE IT FURTHER,that the above stated members of the Conservation Advisory Council be appointed for a two year term which will expire June 1st, 1998. 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 Ralph Holt, Chairman of Recreation requests a transfer of funds to purchase fencing for the Town Recreation Maintenance Building located on Montfort Road. Enclosing the property by a fence, will not stop vandalism altogether, but would add one more preventive step. It would also stop the casual cutting through Page 20 062496.RGM the property to get to another road in the back. The total cost to enclose this property is estimated at $10,000. He would like to do it in small sections. This year there is $3,000 in the Budget Building Maintenance. He is requesting the transfer of $3,000 from A-7110.4 Building Maintenance to A-7110.2 Equipment line and approve a P. 0. in this amount to A-1 Fence Company. COUNCILWOMAN VISCONTI moved to authorize the transfer of $3,000 from A-7110.4 Building Maintenance, to A-7110.2 Equipment Line, and approve a P. O. for this amount to A-1 Fence Company, as requested by Ralph Holt, Chairman of Recreation. Seconded by Mr. Valdati Motion Unanimously Carried Permission for the following Budget Transfers were requested by Ann Buckley, Comptroller. Increase 1620.2A Building Equipment to $1,300 Decrease 1660.4A Central Storeroom by $1,300 to purchase chairs for the Conference Room. Increase 9730.60B B.A.N. Principal to $20,000 Decrease 8160.408 Refuse & Garbage/Contract by $20,000 to Pay Principal on B.A.N. COUNCILWOMAN VISCONTI moved to authorize the above Budget Transfers as requested by Ann Buckley, Comptroller. Seconded by Mr. Ruggiero Motion Unanimously Carried The following resolution was offered by COUNCILMAN VALDATI who moved its adoption, and seconded by Mrs. Visconti. A RESOLUTION AUTHORIZING THE ISSUANCE OF $200,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY COSTS OF THE PREPARATION OF ADDITIONAL SURVEYS, PRELIMINARY PLANS, DETAILED PLANS, SPECIFICATIONS AND ESTIMATES NECESSARY FOR PLANNING FOR CAPITAL IMPROVEMENTS PURSUANT TO SECTION 99-d OF THE GENERAL MUNICIPAL LAW FOR WAPPINGER SEWER TRANSMISSION/ TREATMENT IMPROVEMENT AREA -PHASE 3A IN AND FOR SAID TOWN. Page 21 062496.RGM WHEREAS, by bond resolution dated February 28, 1994, the Town Board of the Town of Wappinger, Dutchess County, New York,authorized the issuance of $375,000 serial bonds of said Town to pay the cost of the preparation of surveys, preliminary plans, detailed plans, specifications and estimates necessary for planning for capital improvements pursuant to Section 99-d of the General Municipal Law for Wappinger Sewer Transmission/ Treatment Improvement Area -Phase 3-A, including incidental expenses in connection therewith, at a maximum estimated cost of $375,000, in and for the Town of Wappinger, Dutchess County, New York; and WHEREAS, it has bow been determined that the maximum estimated cost of such planning is $575,000, an increase of $150,000 over that previously authorized; and WHEREAS, it is now desired to authorize the issuance of an additional $200,00 serial bonds of said Town for such purpose; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying additional costs of the preparation of additional surveys, preliminary plans, detailed plans, specifications and estimates necessary for planning for capital improvements pursuant to Section 99-d of the General Municipal Law for Wappinger Sewer Transmission/Treatment Improvement Area -Phase 3-A, including incidental expenses in connection therewith, in and for the Town of Wappinger, Dutchess County, New York, which specific object or purpose constitutes a separate phase of said planning, there are hereby authorized to be issued $200,000 serial bonds of the Town of Wappinger, Dutchess County, New York pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $200,00, Page 22 062496.RGM and that the plan for the financing thereof is by the issuance of $200,000 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 five years, pursuant to subdivision 62 (2nd) of paragraph a of Section11.00 of the Local Finance Law, computed from the date of the first serial bonds or bond anticipation notes to issued for said specific object or purpose. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. 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 obligation 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. There shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligation as the same become due and payable. 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 of facsimile signature of the Page 23 4 062496.RGM Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual 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 bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the 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. The Supervisor is hereby further authorized, at her sole discretion, to execute an application, a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the 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 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to Page 24 062496.RGM the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law. Section 10. All other matters, except as provided herein relating to such bonds, including determining whether to issue F 1 such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether Orr 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 by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it slow 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 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 or notes Page 25 136 . . • -M without resorting to further action of the 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 such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 13. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.1502. Other than as specified in the 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 Fiance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Supervisor Smith Voting Aye Councilman Ruggiero Voting Aye Councilman Valdati Voting Aye Councilman Bettina Voting Aye Councilwoman Visconti Voting Aye Resolution was thereupon declared duly adopted. The next item for the Boards consideration is to authorize Attorney to the Town, Al Roberts negotiate the contract with the Village of Wappingers Falls, for Dog Control. Page 26 062496.RGM COUNCILMAN VALDATI moved to authorize Attorney to the Town, Al Roberts to negotiate the contract with the Village of Wappingers Falls for Dog Control. Seconded by Mrs. Visconti Motion Unanimously Carried Next is to approve the proposed study for the Court Facility and to authorize the Supervisor to sign the agreement. COUNCILWOMAN VISCONTI moved to approve the proposed study for the Court Facility and authorized the Supervisor to sign the agreement. Seconded by Mr. Valdati Motion Unanimously Carried UNFINISHED BUSINESS COUNCILWOMAN VISCONTI regarding a letter from one of our constituents in this Town that had to go through with the Army Core of Engineers trying to get a Golf Course constructed. The owners had 40 acres of land to erect a golf course and would keep it forever green. Six years later the Army Core of Engineers, informed them, out 40 acres they could use 2 and 1/2 acres of their land, and spend 1 million dollars carting in stuff that the land does not even have now naturally, causing the owners to almost go bankrupt and depriving them of their land. They contacted Sue Kelly, who intervened for them, and when the Army Core of Engineers found out, they penalized them further by stonewalling. COUNCILWOMAN VISCONTI moved to authorize the Supervisor to send a letter to Governor Pataki and other legislatures and let them know of our feelings on this matter. Seconded by Mr. Bettina COUNCILMAN VALDATI had a request for Mrs. Snowden the Town Clerk. Years ago there was a Resolution he put forth to get the Agenda for the Town Board Meetings by Thursday before the Page 27 1 9 S 062496.RGM meeting. He asked Mrs. Snowden if the Board could get the Agenda the Wednesday before the Town Board Meeting. Mrs. Snowden said yes, she could comply with his request, but the cutoff day for the Board to receive mail would be the Friday before the Town Board Meeting. Any correspondence received Friday would go on next months Agenda. At this time, 9:00 P.M. COUNCILWOMAN VISCONTI moved to go into Executive Session, seconded by Mr. Ruggiero. Motion Unanimously Carried The meeting reconvened at 9:31 P.M. with all Board Members present, there was no action to be taken at the Executive Session. 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 Meeting closed at 9:31 P.M. Page 28 Elaine H. Snowden Town Clerk 9, F1 M K, 062496.PH A Public Hearing was held on June on June 24, 1996 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law amending Local Law #6 of the Year 1991 regulating Traffic and Parking within the Town of Wappinger. by prohibiting the parking, stopping or standing of automobiles, cars, trucks, motorcycles, and other motor vehicles along both sides of Airport Drive from its intersection with Route 376 to its terminus in a cul-de-sac in the Town of Wappinger. Supervisor Smith opened the Meeting at 7:20 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. SUPERVISOR SMITH asked if there were any questions or comments from the audience. There were none. COUNCILWOMAN VISCONTI moved to close the Public Hearing, Seconded by Mr Bettina and Unanimously Carried. The Public Hearing closed at 7:21 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF ir.. NOTICE OF PUBLIC HEARING ON THE PROPOSED LOCAL LAW AMENDING LOCAL LAW #6 OF 1991 AS AMENDED �4✓ A LOCAL LAW REGULATING TRAFFIC & PARKING WITHIN THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING 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 June 12, 1996, your deponent posted a copy of the attached notice of Public Hearing on the proposed local law #---of t he year 1996 amending local law #6 of 1991 as amended a Local Law regulating traffic and parking within the Town of Wappinger by prohibiting the parking, stopping or standing of automobiles, cars, truck, motorcycles and other motor vehicles along both sides of Airport Drive from its intersection with Route 376 to its terminus in a cul-de-sac in the Town of Wappinger at all times 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. %ftw Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this 12V V-6 day of 1996 73 Y — JLV\TT)A M. LMC C:1 1Qo`ir,/ rutfc, state of newlPA Nc.2236i771 Qaeiir'ed in Dutchess COU Cornrni4Fi0F. Expires 10/31/1 Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 n NOTICE OF PUBLIC HEARING OF T NOTICE 1INGER �8 HEgEgjrtWAP31VEN that Ihs Torn Board Of ftTbwn ofVAWkgw *I' conduct a PUBUC HEARING on the 24th day of June, 19", at 7:20 p.m. at the Town Hail, Town of WaPPinger, 20 Mlddlebush Road, Wap Fags, Newyork at whkhh time dpartiftIn Interest and cifinne Shan anoPPWW*tobeheard as to the Town Board of the Town WaPPkhpor shall adopt a ooel Law emending Local taw8eoftheyew1991 arnerhded, Park paw Thtft and the Wappinger, by prWniblown of ling the parking, stopping or standing of automobile@, cars, trucks, motor. cycles and other motor vehicles along both ekles ofAkpon Drive from ka ""NOW with Route 370 to Its terminus in a cul.da.asc in Me Town Of Wappinger at an vmse. PLEASE TAKE FURTHER NOTICE MM coP»s of the said local law are available for review and inspection ,at the off" of the own Clarkweekdays 4:00 P -M.. at Town Hall, 20 Middlebush ftM, Wappingers Falk, New York. PLEASE TAKE FURTHER NOTICE that tine Town Board has determined r that the Proposed action Is an exempt action for -tft N requiredHeti BEORA review. IY ORDfR OF THE TOWN BOARD OF THE TOWN Op WAPER ELAINESNONDEN Dated Juns t0, t999TOWN CLERK 0 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 12th day of ,June 1996.. and on the following dates thereafter, namely on and ending on the .12th,,,,, day of .Tune 19.96 both days inclusive. Subscribed and sworn to before me this 12th day of June r 1 96 ”. My commission expires Notary Public RACHEL W1"RT "LfFIC-0 Ir, r!II,r;Itc3s CQMTV k 1.1-05502 QO rk"Pwofi EXPIRES MARCH 3T, Cf-*Z'91dl101 A Public Hearing was held on June on June 24, 1996 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed transfer of control of U.S. Cablevision's cable television franchise from Continental Cablevision, Inc. to US WEST, Inc. Supervisor Smith opened the Meeting at 7:25 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman Vincent Bettina, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. SUPERVISOR SMITH asked if there were any questions or comments from the audience. There were none. Supervisor Smith also introduced John Fouhy a representitive of U.S. Cablevision who gave a brief description of the transaction and to answer any questions. COUNCILWOMAN VISCONTI moved to close the Public Hearing, Seconded by Mr.Bettina and Unanimously Carried. The Public Hearing closed at 7:27 P.M. Elaine H. Snowden Town Clerk 1OWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF Ilrw NOTICE OF PUBLIC HEARING ON THE PROPOSED TRANSFER OF CONTROL OF U.S. CABLEVISION, INC. TO US WEST, INC. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING 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 June 12, 1996, your deponent posted a ropy of the attached notice of Public Hearing 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. Sworn to before me this —CV �%Y-/) day of ►� _ _ 1996 a �'–! cee- NOTARY PUBLIC )_PV1A M. L111MI �='OcP Pu bl:c, State of iVeq� Nc. 235i -,?f) 0c=_!ir!ed In Dutchess COUnV, Cones„ i—jor; Expires 14/31/1 ' � w Elaine H. Snowden Town Clerk Town of Wappinger Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Joan Miller ....................................... of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several REQUEST FOR CABLE TELEVISION times hereinafter was, the ..,Bookkeeper ....... "LICENSE TRANSFER OF . CONTROL held on JuM `A publb Makp will be of the SOUTHERN DUTCHESS NEWS, a etiheT NSA oftheraAM Of fter on the newspaper printed and published every Wednesday of the of w#ppUyer on the tranaf" of control Of U.S. Cablev ion's cable' television in the Town of Wappinger, Dutchess County, New franchl from. Continental Inc. to uB WEST, Inc. An appl tion -for approval of the York, and that the annexed NOTICE was duly . transfer.la available for public di'a reo„PDWM "n do e iwbuginattho,"I`',°,°'""" published in the said newspaper for .. one„weeks BY ORDER OF THE TOWN BOAfiDOFTHETOW �OF successively in each week, commencing on the WAPP11 i;IER 12 t h ELAINE H.sN DEN day of ,June1996. and on the Dated June 10 1898��L�C`RK ........., following dates thereafter, namely on and ending on the .12th,,,,, day of ,June 19.96 both days inclusive. .. . .. ...... a ........ Subscribed and sworn to before me 12th 96 this day of J ne ....�....... .. 1.. Notary Public My commission expires ............................ M&EL VAgMIAFM oft” STATE OF N21b yoffi OUALtFIELD IN DllTCft�SS COLV11y "'* IO'l N 14-4855W2 9C "PlRES MAKH 31. t i