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1996-05-28 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER MAY 28, 1996 7:30 P.M. - - - - - - - - - - - - - - - - - - - 1. Supervisor Call Meeting to Order 2. Roll Call Pledge Allegiance to Flag 3. Accept Minutes: Reg. April 22, 1996 4. REPORTS OF OFFICERS: Sup/Compt. Town Justices Receiver of Taxes Bldg. Insp. Zng. Adm. - 5. PETITIONS & COMMUNICATIONS a. Gregory Steed re: Playground in AngelBrook Development b. Elizabeth & Paul Becker re: Stone Wall Damaged by Snow Plow c. Steven Zarantonello re: Highway trucks parking on newly seeded Law d. Steven Marquis re; Notice of intent to apply for liquor license for Coletti's Bistro, New Hackensack Plaza e. Petition from Wheeler Hill Residents re: unsafe and dangerous condition existing at one of the hills on road f. NYS - Notice of establishment of speed limit on Myers Corners Rd., between All Angels and Brothers Rd. g. Dutchess Co. Health Dept. Re: C.W.W.I.A. Rockingham Public Water Supply biennial Isnpection/Michael Tremper, CAMO Pollution Control, MEMO comments regarding report h. J. Paggi, Eng. to Town, Reports: (1) Atlas Aquifer Analysis (2) Old Troy Rd. -improvements (3) Castle Point Landfill (4) Dana P1ac( Drainage (5) Rockingham Farms Drainage Project (6) Fitzgibbons i. J. Paggi, Eng. to Town, re: Change Orders #1 and #2 for Wappinger Sewer Trans/Treatment IA/Phase II -Contracts #2 & #2E j. Ann Marie Buck, request to attent Animal Control Officers Schooling 5/28-5/31 - $180 plus food and lodging, Delhi, NY k. Debbie Brown, Water/Sewer Billing re: Maintenance Agreement for 414( OTC (Heavy Duty) Printer for all Water & Sewer Bills & P.O.Approval-me 1. Kathy DeLisa, Sr. Cit. Director re: resignation of Crafts Teacher M. G. Foster request for additional P.O. for Asphalt n. R. Holt, Ch., Rec. Comm. Request for approvals of P.0's for: (1) Bleacher Frames (2)Stainless Steel Hurricane Slide (3)Basebal: Clay for Castle Pt., Martz & Robinson Lane Fields (4) Arts and Crafts Supplies for Summer Playgrounds (5) Summer bus Transportatic (Wapp. Central School buses) (6) CPR re -certification for playgroul and Swim instructors o. Wappinger Central School request for 10 voting machines for June 26 Budget vote p. Request for return of Escrow Funds from: (1) Cady Lane Homes, Inc. Lot #27 Wyndham Crossing -$3,000 (2) O'Donnell Dev. Corp. Lot #4 Evergreen estates -$3,000 (3) John Romano, 11 Larissa Lane -$800 (4) Debbie & Gordon Hunt, Lot #4 Ketchamtown Rd. -$2,000 q. Reconsider G. Foster request to atterd Seminar in order to allow advance per diem remuneration r. Wheeler 'Hill - Emergency Repairs - Hi�hway S. Request for return of Escrow Funds: 0 Donnell -Lot #1 Lee Knolls -$2,( 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT Zng. Adm Report 8. RESOLUTIONS a. Consider adoption ofSewer Improvement #4 (Additional collector Lat b. Ann Buckley, compt. request for transfers - Water & Sewer funds c. Consider Resolution for Sewer Policy (Early connects -Tri -Muni) d. Appointment of Conservation Advisory Council (2 year Term) e. Resolution setting Public Hearing for approval of merger between Continental Cablevision & U.S. West, Inc. f. Consider awarding bid for Iiighwy Snow Blower g. Consider awarding bid for paving T/Hall Parking Lot h. Introduce and set Public Hearing for Local Law on Airport Pk Road 9., UNFINISHED BUSINESS "No Parking". 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: PUBLIC HEARING ON SEWER IMPROVEMENT #4 AT 7:25 P.M. 960528.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on May 28, 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 MINUTES The Minutes of the Regular Meeting of April 22, 1996 having previously been forwarded to the Board Members, were now placed before them for their consideration. COUNCILMAN RUGGIERO stated that page 12 of the minutes stated that the award of the bids for paving of the parking lot of the Town Hall was tabled, " pending further study." It should have read " pending, finding the money", and should reflect that. COUNCILWOMAN VISCONTI moved that the above Minutes as submitted by the Town Clerk be and they are hereby approved, as corrected. Seconded by Mr. Ruggiero Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of April were received from the Supervisor/Comptroller, Town Justices, Receiver of Taxes, Zoning Administrator, and Building Inspector. COUNCILMAN RUGGIERO moved to accept the above reports and place them on file. Seconded by Mrs. Visconti Page 1 Motion Unanimously Carried 960528.RGM PETITIONS & COMMUNICATIONS The first item on the Agenda is correspondence from Gregory 0. Steed, with concerns he observes at the Angel Brook Development. There is a growing population of children playing in the roads. Mr. Steed feels that the playground at the end of Rich Drive, that was taken down in the early 80's should be resurrected. SUPERVISOR SMITH informed the Board that she turned this letter over to Ralph Holt, Chairman Recreation, and his men are there now cleaning it up and he will get back to the Town Board if anything further is needed. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Elizabeth & Paul Becker, regarding a Stone Wall that they claim was damaged by the Town Snow Plow. There was some discussion on the Becker claim. Mr. Foster, Highway Superintendent inspected the Stone Wall, and it is his position that the Town did not damage the wall. He is also waiting for some other information. COUNCILMAN RUGGIERO moved to table to the July Workshop for further discussion. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Mr. Steven M. Zarantonello of 46 Osborne Hill charging the Highway Department of parking their Trucks on his newly seeded lawn while removing the winter debris from the Town Roads. The truck left a 10 to 15 foot tire track some 4 inches deep. He would like the property leveled and reseeded to its original state. Mr. Foster checked out Mr. Zarantonello's claim and informed the Board that this matter will be taken care of. Page 2 960528.RGM COUNCILWOMAN VISCONTI moved to accept the correspondence and place in on file. Seconded by Mr. Bettina Motion Unanimously Carried Notice of intent to apply for a liquor license was received from Steven Marquis owner of Coletti's Bistro, New Hackensack Plaza. COUNCILMAN VALDATI moved to accept the notice of intent to apply for a liquor licence from Steven Marquis, owner of Colletti's Bistro, New Hackensack Plaza, and place it on file with no comment. Seconded by Mrs. Visconti Motion Unanimously Carried A petition from residents of Wheeler Hill regarding the unsafe and dangerous condition existing at one of the hills on the Road. In the interest of safety they are petitioning the Town Board to act responsibly and promptly to remedy this unsafe and dangerous condition. SUPERVISOR SMITH informed the Board that this topic will be discussed further down on tonights Agenda. COUNCILWOMAN VISCONTI moved to accept the petition and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried A copy of the notice of order that established a 35 MPH speed limit on the portion of Myers Corners Road, CR 93 between All Angels Hill Road, CR 94 and Brothers Road in the Town of Wappingers, was received from Jean T. Gunsch, State of New York DOT. Ms. Gunsch has notified Mr. Joseph W Grogan, P.E. of the DC Public Works and requested that the installation of the necessary signs be scheduled. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Page 3 S4 Seconded by Mr. Ruggiero 960528.RGM Motion Unanimously Carried A report from the Dutchess County Department of Health regarding the C.W.W.I.A. Rockingham Public Water Supply Biennial inspection and a memo from CAMO Pollution Control with comments regarding the inspection. COUNCILWOMAN VISCONTI moved to table the Inspection Report of the CWWIA Rockingham Public Water Supply Biennial Inspection, to a Workshop until all the reports are received from the Dutchess County Health Department . Seconded by Mr. Valdati Motion Unanimously Carried Several Reports from Jay Paggi, Engineer to the Town. The first report concerns the Atlas Aquifer Analysis. Mr. Paggi submitted an invoice from S.B. Church Co. for drilling services at the above referenced project. The Church Co. is an approved subcontractor to Leggette, Brashear & Graham. His office has reviewed the invoice and recommends that payment be made in the full amount of $7,207.70. Mr. Paggi informed the Board, that this payment was already authorized. COUNCILWOMAN VISCONTI moved to accept and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried Mr. Paggi's report on the Old Troy Road Improvements will be discussed further down on the Agenda. The next report concerns the Castle Point Landfill. His Office had submitted a revised closure plan to the DEC. A response was received from them on May 23, 1996, with certain items in the 14 Supplemental Closure Plan that were still outstanding and needed to be addressed. Mr. Paggi had a meeting with the DEC at his office. The review comments from the DEC have been taken care of and he will be resubmitting his closure plan by Mid Page 4 S 5 960528.RGM June. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried 1 60W Next is the Dana Place Drainage Report. As an outcome of the last Workshop meeting, Mr. Paggi conducted an additional field inspection in the Dana Place/Wildwood Drive area to assess he overall runoff patterns. 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 Drive, the low point of the drainage area. To capture this runoff prior to it inundating Wildwood Drive, it is necessary to intercept it at some pointfurther south than Wildwood Drive. An appropriate i 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. The cost to perform the complete job would be $56,000. A partial job could be done at a cost of $50,000. Mr. Paggi recommends doing the complete job. SUPERVISOR SMITH said she had been there when it rains, when it's dry, and while it is raining. She can see when the water does come onto the road. SUPERVISOR SMITH said that in the past they have never done back yards, because they were backyard to backyards, but if they were back yards that flowed to the road then we did them, and it ■r appears to her that the water is flowing onto our road. COUNCILWOMAN VISCONTI expressed concern that this would improve the backyards of four homeowners if the board approves this plan. She is not convinced it is a Town problem. She suggested Page 5 that residents might need to contribute partially to correct conditions. COUNCILMAN RUGGIERO felt this project would benefit the Town because we are protecting our infrastructure of Wildwood Road. The backyards that are benefiting is a side effect to the main thrust of what's going to happen here. COUNCILMAN BETTINA would like to take a look before he can vote on this project, he would like more information from Mr. Paggi, 4 a brief summary of the areas that were done. The Board recognized Barbara Gutzler from the audience, and she voiced her concern over safety and protecting the residents. She urged the Board to vote for approval of the plan recommended by Mr. Paggi. He has been around for a long time and is well respected. COUNCILMAN VALDATI asked Mr. Paggi, when he compiled a list of severe drainage areas in the Town that required serious consideration, did he include this area? Mr. Paggi responded "we were not aware of it". He became aware of Dana Place problem when Mr. Zito first corresponded 2-3 years ago. Mr. Paggi suggested the Town Board tour the area with him first, before coming to any kind of decision. COUNCILWOMAN VISCONTI moved to table the vote on Dana Place, until the Town Board tours the area with Mr. Paggi. The Town Board will vote on this issue at the next Town Board Meeting. Seconded by Mr. Bettina Motion Unanimously Carried The next report is Rockingham Farms Drainage Project. As the Town Board has been made aware, there has been some difficulty in acquiring the necessary easement for the above referenced project. Also, there still exists concerns on behalf of the residents which need to be addressed. We have put together a proposal that we feel will ease these concerns, and allow this project to go forward. Therefore, we have scheduled a meeting for Thursday, May 2, 1996 at 7:00 p.m. at the Town Hall with the residents. We would appreciate the attendance of the Town Page 6 960528.RGM Board. Mr. Paggi is in need of some direction. COUNCILWOMAN VISCONTI moved to table this to a Workshop. Seconded by Mr. Bettina Motion Unanimously Carried The last report concerns the Fitzgibbons Property on 283 All Angels Hill Road. As per requested, Mr. Paggi made a field visit to the Fitzgibbons property on All Angels Hill Road. Mrs. Fitzgibbons had called regarding a concern that their well water was cloudy, and this had occurred after grading work on the Hindu Samaj Temple. He viewed the site and file, and can draw no conclusion that the grading work done on the Hindu Samaj site had caused this condition to occur in the Fitzgibbons' well. We did however, caution the Builder and the Developer of the Hindu Samaj site, to take extreme care in the area of the Fitzgibbons property to prevent erosion from entering on to it. Although we can draw no clear conclusion that it is being caused from the construction, we want every precaution that can be taken to be done. I did advise the Fitzgibbons that it might be 6W a good idea to have the company that does the work on their well to make sure that the system was in good working condition, and that the well was not pumping air itself. I also advised them that they might want to investigate hooking in to the newly constructed Town Distribution System being installed by Hindu Samaj. As you know, the main is being extended from the west side of All Angels Hill Road to the East Side of All Angels Hill Road. This would allow the Fitzgibbons to tie into Town Water. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina LMotion Unanimously Carried. Mr. Foster, Highway Superintendent informed the Board that Hindu Samaj had been issued a Construction Work Stop Order by the Zoning Administrator. They were sited by the DEC for Page 7 SS 960528.RGM polluting the stream. A Change Order was received from Jay Paggi, Engineer to the Town, for the Wappinger Sewer Transmission/Treatment Improvement Area/Phase II, Contract Nos. 2 and 2E. The breakdown of the Change Order is as follows: A. Change Order No. 1 for Contract 2 consists of a decrease in payment of $631.66 due to a credit received from Smith and Loveless, the pump station manufacturer, for changes they made to the station. B. Change Order No. 2 for Contract 2E consist of additional payment of $631.66 for labor and material for electrical hookup of the pump station. The additional labor and materials resulted from a fabrication revision made by Smith and Loveless. COUNCILWOMAN VISCONTI moved to approve the change orders for the Wappinger Sewer Transmission/Treatment Improvement Area/Phase II Contract Nos. 2 and 2E. received from Mr. Paggi, Engineer to the Town and authorize the Supervisor to sign. Seconded by Mr. Bettina Motion Unanimously Carried A request from Ann Marie Buck, Animal Control Officer, for permission to attend the Animal Control Officers School to be held at Delhi, New York from May 28, 1996 to May 31, 1996. The cost to be $180 plus food and lodging. COUNCILWOMAN VISCONTI moved to approve the request from Ann Marie Buck to attend Animal Control Officers School from May 28, 1996 to May 31, 1996 at Delhi, New York and her legitimate expenses be a Town charge. Seconded by Mr. Bettina Motion Unanimously Carried Correspondence from Debbie Brown, Water/Sewer Billing with a request to obtain a Warranty/Maintenance agreement for the 4140 OTC Printer. As of 5/29/96, the printer (which is a heavy duty - printer which prints all water & sewer bills), is no longer covered by a warranty and/or maintenance agreement. Decision One is offering a on site maintenance agreement for $767 per Page 8 960528.RGM year. COUNCILWOMAN VISCONTI moved to approve the warranty/maintenance agreement with Decision One for on site maintenance of the 4140 OTC Printer and authorize the Supervisor to Sign. Seconded by Mr. Bettina .w Motion Unanimously Carried A second request by Debbie Brown, Water/Sewer, for permission to order 100 water meters. The supply of meters is very low. As you know, Sensus Technologies (EJP Sales handles meters for them) is our sole supplier for these meters and this item does not go out to bid. The meters will cost $8,000, including shipping. The line item for this expenditure is WC8310.4 (per Comptroller, money was put aside for purchase of meters). This supply should last approximately one year. COUNCILWOMAN VISCONTI moved to approve Debbie Brown's request to order 100 water meters from Sensus Technologies at a cost of $8,000. Seconded by Mr. Bettina fib. Motion Unanimously Carried Notification from Kathi Delisa, Senior Citizen Director, informing the Town Board, that Sue Parliman, part time craft teacher at the Senior Citizens Center must terminate her employment as of May 17, due to personal and family reasons. COUNCILWOMAN VISCONTI moved to accept the resignation of Sue Parliman, part time craft teacher, and authorize the Town Clerk to send her a letter of appreciation. Seconded by Mr. Bettina Motion Unanimously Carried wi✓ An additional Purchase Order for $2500 payable to Poughkeepsie Asphalt was submitted by Graham Foster, Highway Superintendent. Mr. Foster requested and received a Purchase Order in April of 1996 for $5,000 payable to Poughkeepsie Asphalt. He had planned to use it for the repair of curbing and potholes that had Page 9 960528.RGM occurred during the Winter. However, there was a project in Rockingham with Scott and Balfour and more asphalt was needed than anticipated. He exceeded the Purchase Order by $2500. COUNCILMAN RUGGIERO moved to approve the Purchase Order in the amount of $2500 payable to Poughkeepsie Asphalt for the purchase of additional asphalt, as requested by Mr. Foster, Highway Superintendent. Seconded by Mrs. Visconti Motion Unanimously Carried The following Purchase Orders were submitted for approval by Ralph Holt, Chairman of Recreation. (1) $1,994 payable to Miracle Recreation for the purchase of two (2) bleacher frames with side and back rails for Airport Park. The funds for this purchase are in the Recreation Account 7310.2B. The wood for the seats and footboard will be purchased locally. Three quotes were received, Miracle Recreation being the lowest at $1,994. (2) $2,206 payable to Miracle Recreation for the purchase of a Stainless Steel Hurricane Slide to be placed at Quiet Acres Playground. The price includes shipping and installation by the Company. The funds for this purchase are in the Recreation Budget B-7310.2. Three quotes were received, Miracle Recreation being the lowest at $2,206. (3) $ $1500 Payable to Morie Company for the purchase of 50 Ton of baseball clay for Castle Point (4) $750 payable to Morie Company for the purchase of 25 Ton of baseball clay for Martz Field (3) $2,230 payable to Morie Company for the purchase of 75 Ton of baseball clay for Robinson Lane Fields. The funds for the above purchase is in account 7110.4A. Three quotes were received, Morie Company vo being the lowest at $29.55 a ton. (5) $2,500 payable to S. & S. Arts and Crafts who deal in bulk items for the (6) summer playgrounds. The funds are in the 7310.4B account of the Recreation Budget. Most of the local arts and craft suppliers Page 10 S", 960528.RGM do not deal with bulk items. (6) $6,000 payable to the Wappinger Central School District to cover the cost of bus transportation for the summer swim program and playground program. These funds are allocated under Recreation Account 7310.4B. (7) $2,080 payable to the American Red Cross for the CPR re -certification of returning counselors, and certification of new counselors. The funds for this are allocated in the Recreation Budget 7310.4B. COUNCILWOMAN VISCONTI moved to approve the above Purchase Orders as submitted by Ralph Holt, Chairman of Recreation. Seconded by Mr. Bettina Motion Unanimously Carried A request from Susan M. Phillips, District Clerk, Wappingers Central School District, for the use of ten (10) voting machines for the upcoming Budget Vote to be held on June 26, 1996. The Town to transport machines to the school and submitting the cost to the district. COUNCILWOMAN VISCONTI moved to approve the request of Susan M. Phillips for the use of ten (10) Voting Machines for the upcoming Budget Vote, with a charge of $281.50 for the additional costs associated with the delivery and pick up of the voting machines for this year. Seconded by Mr. Bettina Motion Unanimously Carried Requests for the return of Escrow Funds were received from (1) Cady Lane Homes, Inc., Lot #27 Wyndham Crossing, $3,000. (2) O'Donnell Development Corporation, Lot #4 Evergreen Estates, $3,000. (3) John Romano, 11 Larissa Lane $800. (4) Debbie & �r Gordon Hunt, Lot #4 Ketchamtown Road $2,000. COUNCILWOMAN VISCONTI to approve the request for return of Escrow Funds to (1) Cady Lane Homes, Inc., Lot #27 Wyndham Crossing for $3,000. (2) O'Donnell Development Corporation, Lot #4 Evergreen Estates for $3,000. (3) John Romano, Larissa Page 11 960528.RGM Lane for $800. (4) Debbie & Gordon Hunt, Lot #4 Ketchamtown Road for $2,000, upon the recommendation of the Building Inspector, Donald Keller. Seconded by Mr. Valdati Motion Unanimously Carried The next item for the Board is to reconsider Graham Foster, Highway Superintendent request to attend a Seminar and also allow advance per diem remuneration of $220. COUNCILWOMAN VISCONTI moved to approve Mr. Fosters request to attend a Seminar and allow advance per diem remuneration of $220. Seconded by Mr. Ruggiero Motion Unanimously Carried Bids for Emergency Repair of the Culvert and Retaining Wall Replacement project on Wheeler Hill Road, were opened on May 28, 1996. Proposals were based upon the drawings prepared by Paggi & Martin Consulting Engineers & Land Surveyors. All Bids were in order. Four (4) Bids were received, the lowest being Sun Up Enterprises, Inc. at $48,900. After verification of the bid documents, it is the recommendation of Graham Foster, Highway Superintendent, that Sun Up Enterprises, Inc., be awarded the contract for the Wheeler Hill Road Emergency Road Project, as low Bidder, with a Bid of $48,900. Jay Paggi, Engineer to the Town, estimated the Bid to be around $58,000 and went on to explain to the Board where the necessary funds would come from. COUNCILWOMAN VISCONTI moved to award the contract, based on the recommendation of Graham Foster, to Sun Up Enterprises Inc., for $48,900 for the Wheeler Hill Road Emergency Repairs Project and authorize the spending of necessary funds as stated by Mr. Paggi. Seconded by Mr. Valdati Motion Unanimously Carried Page 12 960528.RGM The next item be to addressed, by the Town Board is Old Troy Road. Many of the residents had voiced their concern at a previous Town Board Meeting of the many speeding cars and safety. Changing Old Troy Road to a one way was proposed by residents and discussed by the Town Board. COUNCILMAN VALDATI moved to authorize Attorney to the Town Al Roberts draft a Local Law to change Old Troy Road one way, North to South from New Hamburg Road. Seconded by Mrs. Visconti Motion Unanimously Carried Another request for the return of Escrow Funds was received from O'Donnell Development Corporation, Lot #1 Lee Knolls for $2,000. COUNCILWOMAN VISCONTI moved to approve the request for the return of Escrow Funds to O'Donnell Development Corporation, Lot #1 Lee Knolls for $2,000, based upon the recommendation of the Building Inspector, Donald Keller. Seconded by Mr. Ruggiero Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI on Highway. He noticed as he traveled on Old New Hamburg Road at the intersection of Creek Road in the middle of the intersection the road is always wet, even in dry weather, the road may eventually give way, and create a safety hazard. He asked Mr. Foster if he could look into this. Mr. Foster explained this is caused by an underground spring. He is busy with the Spring cleanup, at this time, but will pass this information on to the County. Mr. Valdati also voiced his concern for plans to transport nuclear waste from Indian Point along Route 9 to I-84 West, for disposal. He urged the Board to write to our representatives urging them to oppose the passage of bills that would allow the transporting of nuclear waste Page 13 ii L1 960528.RGM through rural communities unable to handle a possible nuclear spill. At this time Mr. Valdati gave a sample Resolution opposing the transporting of nuclear waste to SUPERVISOR SMITH to send in for the Town Board. COUNCILMAN BETTINA on Recreation. He attended the Memorial Day Services, and commended Ralph Holt and John Parsons for doing a fine job. SUPERVISOR SMITH attended all 5 Memorial Day services. She said perhaps next year we should include more young people to get involved. It is the feeling of the committee that the young people are not educated at to what this day represents. SUPERVISOR SMITH on Highway. We received the authorization to go on the Dean property to do the environmental study. COUNCILMAN VALDATI moved to authorize the acceptance of the correspondence to authorize entrance onto property. Seconded by Mr. Bettina Motion Unanimously Carried Also the services of Engineer to the Town, Jay Paggi have been requested by the Dutchess Medical Arts Building to prepare a sketch for water lines for the building. Authorization will be needed. Mr. Paggi explained, in a situation like this, his office works for the town, and they will reimburse the Town. An escrow account will be set up, and his office would draw against the escrow account. COUNCILMAN VALDATI moved to approve the request of the Dutchess Medical Arts Building to use the services of Engineer to the Town, Jay Paggi, to prepare a sketch for water lines for their building. Seconded by Mr. Bettina Page 14 Motion Unanimously Carried F� 9 SUPERVISOR SMITH informed the Board that the roof in her conference roof is leaking. She called in several contractors. Several contractors looked at the roof. Only one (1) responded; Keller & Sons for $948. She needs authorization to accept the Bid for $948 from Keller & Sons. lr.r COUNCILWOMAN VISCONTI moved to award the Bid to Keller & Sons for $948 to repair the roof in the Supervisors conference room, they being the only Bid. Seconded by Mr. Bettina Motion Unanimously Carried SUPERVISOR SMITH announced that there would be meeting on July 17th at 6:00 P.M with Zoning. Also a special workshop on July 10th at 6:00 P.M. to go over the fee schedule. COUNCILWOMAN VISCONTI had no reports at this time. BONDS & LETTERS OF CREDIT Mr. Close submitted his report for the month of April on the subdivisions, the amounts, expiration dates and call up dates COUNCILWOMAN VISCONTI to accept Mr. Close's report and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried RESOLUTIONS A Public Hearing having been held on the proposed Sewer Improvement in the Town of Wappinger, Dutchess County New York, Pursuant to Article 12-C of the Town Law to be known as Sewer Improvement Area No. 4. The matter was now placed before the Board for their consideration. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption, seconded by Mrs. Visconti: PUBLIC INTEREST RESOLUTION WHEREAS, a map, plan and report have been duly prepared, including an estimate of cost, in such manner and in such detail Page 15 ('6 960528.RGM as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the construction of collector lines, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith; and WHEREAS, said map, plan and report, including estimate of cost, have been prepared by a competent engineer duly licensed by the State of New York, and have been filed in the office of the Town Clerk where they are available for public inspection; and WHEREAS, said improvements has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and WHEREAS, the improvements proposed for said Sewer Improvement Area No. 4 are as described above, at a maximum estimated cost of $403,000; and WHEREAS, the area of the Town of Wappinger, Dutchess County, New York to be benefited thereby shall be bounded and described as set forth in Appendix A annexed hereto and made a part hereof and as depicted in the aforesaid map; and WHEREAS, it is proposed that the cost of the aforesaid improvements shall be borne entirely by the lands benefited thereby by assessing, levying upon and collecting from the several lots and parcels of land within such benefited area, outside of any village, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay principal and interest on any obligation issued pursuant to the Local Finance Law to finance the cost of the aforesaid improvements; and Page 16 960528.RGM WHEREAS, said costs shall be authorized to be financed by the issuance by the Town of its serial bonds with a maximum maturity not in excess of the forty -year period prescribed by the Local Finance Law; and WHEREAS, the Town Board of the Town of Wappinger duly r.. adopted and Order on April 22, 1996 calling a public hearing upon said map, plan and report, including estimate of cost, and the question of providing a sewer improvement known as Sewer Improvement Area No. 4, such public hearing to be held on the 28th day of May, 1996, at 7:25 o'clock P.M., Prevailing Time, at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, at which time and place all persons interested in the subject thereof could be heard concerning the same; and WHEREAS, notice of said public hearing was duly posted and published as required by law; and WHEREAS, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject L thereof were heard concerning the same; and WHEREAS, it is now desired to authorize the improvement to be known as Sewer Improvement Area No. 4; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. It is hereby determined that it is in the public interest to establish said Sewer Improvement Area No. 4 and to make the sewer improvement hereinafter described and such sewer improvement is hereby authorized. The proposed area hereby determined to be benefited by said Sewer Improvement Area No. 4 is as set forth in Appendix A annexed hereto and made a part hereof. Section 2. The proposed improvement shall consist of the construction of collector lines, including original furnishings, Page 17 960528.RGM equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith. The method of financing of said cost shall be by the issuance of serial bonds o said Town of Wappinger, and/or bond anticipation notes issued in anticipation of said bonds, to mature in annual installments over a period not exceeding forty years and such bonds shall be payable from assessments levied upon and collected from the several lots and parcels of land deemed benefited from said improvement and located in said benefited area, so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same. Section 3. It is hereby determined that the estimated expenses of the aforesaid sewer improvement does not exceed one-tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of villages, being $766,570,168.00 and, therefore, in accordance with provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement. Section 4. It is hereby further determined that all of the cost of the aforesaid improvement shall be borne wholly by property within Sewer Improvement Area No. 4, with no cost thereof to be borne by the entire area of the Town outside of any village. Section 5. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within ten days of the date of adoption hereof in the Office of the Clerk of the Count of Dutchess, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement. Page 18 9 '1 960528.RGM Section 6. This resolution shall take effect immediately. The question o adoption of the foregoing resolution was duly put to a vote on roll, which resulted as follows: Supervisor Smith Voting Aye Councilman Ruggiero Voting Aye Councilman Valdati Voting Aye Councilman Bettina Voting Aye Councilwoman Visconti Voting Aye The resolution was thereupon declared duly adopted. The following resolution was offered by COUNCILMAN VALDATI, who moved its adoption, seconded by Mrs. Visconti. BOND RESOLUTION DATED MAY 28, 1996 A RESOLUTION AUTHORIZING THE ISSUANCE OF $403,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE SEWER IMPROVEMENT AREA NO. 4 IMPROVEMENTS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK. WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution dated May 28, 1996, said Town Board has determined it to be in the public interest to establish Sewer Improvement Area No. 4 and to make certain improvements therefore at a maximum estimated cost of $403,000; and WHEREAS, said improvements have been determined to be an Unlisted Action Pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and WHEREAS, it is now desired to provide funding for such improvements; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Page 19 100 960528.RGM Dutchess County, New York, as follows: Section 1. for the class of objects or purposes of paying the cost of the construction of collector lines, including original cost of the construction of collector lines, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith to serve a benefited area in said Town, to be known as Sewer Improvement Area No. 4, at a maximum estimated cost of $403,000, there are hereby authorized to be issued $403,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said class of objects or purposes is by the issuance of the $403,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision 4 of paragraph a of Section 11:00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, for and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, by the manual or facsimile signature Page 20 101 960528.RGM of its Supervisor, and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of its Town Clerk. Section 6. The powers and duties of advertising such 1 bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such �4w bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said town, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town shall be a full acquittance to the purchaser o such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all other matter related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a 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 Page 21 I � 2 960528.RGM 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 Town shall determine. Section 8. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Town. Such notes shall be of such terms, form and contents as may be prescribed by said Town consistent with provisions of the Local Finance Law. Section 9. The Supervisor is hereby further authorized, at her sole discretion, to execute an application, a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the class objects or purposes described in section 1 hereof, or a portion thereof, by a serial bond or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without Page 22 101 960528.RGM resorting to further action of this Town Board. Section 11. The faith and credit of said Town of Wappinger, Dutchess County, New York are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Sewer Improvement Area No. 4 which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all taxable property in said Town Shall be subject to levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 12. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and 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 Regulation Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with Page 23 104 960528.RGM respect to the permanent funding o 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 Action 81.00 of the Local Finance 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 The resolution was thereupon declared duly adopted. A request from Ann Buckley, Comptroller for permission for the following Budget Transfers: Sewer Fund Increase 8120.40SI Sewage Collection System $109,064.00 Decrease 8130.40SI Sewage Treatment & Disposal 109,064.00 To reclassify: To separate Camo from Tri -Muni Comm. Billing. Water Fund Decrease 8340.40WF Trans. & Distribution $36,750.00 Increase 9950.90WF Trans. to Capital Projects Fund 36,750.00 To transfer monies to Capital Fund. COUNCILWOMAN VISCONTI moved to authorize the above Budget Transfers as requested by Ann Buckley, Comptroller. Seconded by Mr. Valdati Motion Unanimously Carried COUNCILWOMAN VISCONTI moved to adopt the following Early Sewer Connection policy and authorize the Supervisor to send a letter to the Tri -Muni Commission approving Mr. & Mrs. Strype of Page 24 F F f 960528.RGM 12 Brown Road to connect early to the Town of Wappinger Sewer District collection pipe on Brown Road because of a failing sewerage disposal system. TOWN OF WAPPINGER POLICY FOR EARLY SEWER CONNECTIONS The Town of Wappinger Town Board will consider early sewer connections for hardship cases if the following requirements are met: 1) Sewer connection will service existing single family residences with existing emergency. 2) Individual on-site sewage disposal is prohibited due to failure, by the local Health Department for the protection of public health and welfare. 3) A letter confirming failure and hardship is received by the Town of Wappinger from the Dutchess County Health Department, also stating that existing system cannot be temporarily rehabilitated. 4) No vacant lots will be considered for early connection. 5) The Town Board approval of connection will be subject to Tri -Municipal Commission approval. 6) At time of connection, resident will pay to the Town of Wappinger sum of money equal to capital charge of Phase I or II levied in that year. Subsequent years, the resident will be assessed equal to Phase I and II residents. Seconded by Mr. Ruggiero Motion Unanimously Carried Also, Correspondence from the Dutchess County Health Department to Mr.& Mrs. Strype of 12 Brown Road notifying them that after conducting an inspection of their sewage disposal system it was observed that the system was undergoing failure which needed to be corrected immediately. It is the departments recommendation that they connect to the Town of Wappinger Sewer District Collection pipe on Brown Road. By a copy of the letter to the Town of Wappinger, it is requested that this connection be permitted. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Bettina Page 25 106 Motion Unanimously Carried The Terms of the Town of Wappinger Conservation Advisory Council are due to expire on June 1, 1996. SUPERVISOR SMITH informed the Board that she was waiting to hear from ALL the Council members and wished to table the appointments at this time. COUNCILWOMAN VISCONTI moved to table the appointments of the Conservation Advisory Council. Seconded by Mr. Valdati Motion Unanimously Carried An application for approval having been filed with the Town of Wappinger for the purpose of transferring the control of U.S. Cablevision's cable television franchise from Continental Cablevision, Inc. to US WEST, Inc., and part of the application requires a Public Hearing. The Town Board accepted the application. COUNCILWOMAN VISCONTI moved to introduce the Resolution for approval of the merger between Continental Cablevision, Inc.,and U S West, Inc. Seconded by Mr. Bettina Motion Unanimously Carried SUPERVISOR SMITH moved to set the Public Hearing for June 24, iE:>E:I�E�I��•��I�l Seconded by Mr. Ruggiero Motion Unanimously Carried At the February Town Board Meeting, Graham Foster, Highway Superintendent was authorized to go to Bid for a Self Contained Snowblower. The estimated cost was $65,000. Although several bid packets were sent out, only one bid was received. It was for $56,320 from Ralph C. Herman Company, Inc. It is his recommendation that we accept this bid, as it is a very specialized piece of equipment. Page 26 960528.RGM COUNCILWOMAN VISCONTI moved to award the Bid, based on the recommendation of Mr. Foster, to Ralph C. Herman Company for $56,320 for the self contained snowblower. Seconded by Mr. Bettina Motion Unanimously Carried Bids for blacktopping the Parking Area of the Town Hall were opened on April 22, 1996. All Bids were in order. Five (5) Bids were received. The lowest being Clove Excavators at $35,155. After verification of the Bid documents, it is the recommendation of Graham Foster, Highway Superintendent, that Clove Excavators be awarded the Bid to blacktop the Parking Area of the Town Hall, they being the lowest Bidder. COUNCILWOMAN VISCONTI moved to award the Bid, based on the recommendation of Graham Foster, to Clove Excavators, for $35,155 to blacktop the Parking Area of the Town Hall. Seconded by Mr. Mr. Valdati Motion Unanimously Carried The introduction of a proposed Local Law to prohibit parking on both sides of Airport Drive in the Town of Wappinger and to set a Public Hearing was now placed before the Board. The following resolution was moved by COUNCILWOMAN VISCONTI and seconded by Mr. Valdati. WHEREAS, the Town Board has recently received numerous requests from residents that Parking should be prohibited on both sides of Airport Drive located in the Town of Wappinger, 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 prohibit parking on said roadway at any time of day as hereinafter set forth, and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby determines that the intended action, that is, the prohibition of parking on both sides of Page 27 10(s 960528.RGM Airport Drive at any time from its intersection with Route 376 to its terminus in a cul-de-sac in the Town of Wappinger is and 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 617.11 NYCRR, and hereby determines the intended action will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project because the proposed action has no environmental impacts whatsoever. 5. The Town Supervisor is hereby authorized to execute Part 3 of the short form EAF and the Town Clerk is further directed to provide for the filing and distribution of same as provided by 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 24th day of June, 1996 at 7:20 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. �r The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Constance Smith, Supervisor Voting Aye Joseph Ruggiero, Councilman Voting Aye Page 28 109 960528.RGM Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye June Visconti, Councilwoman Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS At this time COUNCILWOMAN VISCONTI read a newspaper article �Iw to the Town Board regarding the proposed blacktopping of the shoulders of the Taconic State Parkway between Route 44 in Pleasant Valley and Route 23 in Claverack. She is totally opposed to blacktopping the shoulders, and feels it would ruin the rustic landscape; if anything is done, it should be white stone. COUNCILWOMAN VISCONTI moved to authorize the Town Clerk to write a letter to the Department of Transportation opposing blacktopping of the shoulders of the Taconic State Parkway. Seconded by Mr. Ruggiero Motion Unanimously Carried There was no other Business to come before the Board. COUNCILWOMAN VISCONTI moved to adjourn the Town Board Meeting, seconded by Mr. Valdati and Unanimously Carried. The Town Board Meeting adjourned at P.M. Elaine H. Snowden Town Clerk Page 29 052896.PH A Public Hearing was held by the Town Board of the Town of Wappinger on May 28, 1996 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the Proposed Sewer Improvement in the Town of Wappinger, Dutchess County, New York pursuant to Article 12-C of the Town Law to be known as Sewer Improvement Area No. 4. Supervisor Smith opened the Meeting at 7:25 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: Vincent Bettina 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 called on the Engineer to the Town Jay Paggi who presented a brief background on the Wappinger Sewer Improvement Area No. 1. As the Town Board knows, on November 1971 the Town was authorized to perform an improvement called the Wappinger Sewer Improvement Area No. 1. This improvement located in the central portion of the Town consisted of the construction of several miles of trunk line to be upgraded from the existing Oakwood Knolls Sewer Treatment Plant. The work progressed over the next few years, and was completed in 1980. There were a number of houses and streets that were left out of the construction due to the lack of funds. In the interim the Health Department put a Stop Order on the connection to the treatment plant. In June or July of this year the Stop Order will be lifted because they are now close with the Tri -Municipal Sewer Plant. A number of residents that never had a collector line in front of their Page 1 052896.PH houses petitioned the Board about a year ago, to construct these lines. We contacted the Assessors office and they gave us a list of assessed parcels to determine the dollar amount to construct these lines. We presented that to the Town at the April meeting. The Cost of the improvements is 403K and the cost per Benefit Unit to the residents of Sewer District #1 is $25 per year assuming a 20 year Bond. SUPERVISOR SMITH asked if there were any comments or questions from the audience. There were none. COUNCILWOMAN VISCONTI moved to close the Public Hearing, seconded by Mr. Valdati and Unanimously Carried. The Hearing closed at 7:28 P.M. �1 Elaine H. Snowden Town Clerk Page 2 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE PROPOSED SEWER IMPROVEMENT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12-C v4w OF THE TOWN LAW TO BE KNOW AS SEWER IMPROVEMENT AREA NO.4 ---------------------------------- STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 8, 1996, your deponent posted a copy of the attached notice of Public Hearing in the Matter of a Proposed Sewer Improvement in the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12-C of the Town Law, to be Know as Sewer Improvement Area No. 4. on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this J9 `$LA day of 1996. NOTARY PUBLIC y rr4 in Dutchess Count/ , Ccsrn�,,l�^t•r� E:pi�es 1^/31/1 southern Dutchess News point also being on the easterly line of said Cedar Lane; thence running along the easterly line of said Cedar Lang and the northerly line of said Cranberry Bill Associates 76.1± feet to a point, said point being on the northerly line of said Cranberry Hill Associates, said point also being on the easterly line of said Cedar Lane; thence leaving said easterly line of Cedar Lane and running along the northerly line of said Cranberry Hill Associates the following three (3) 5s and distances, Southeast - 07t feet, Southeasterly 96.8± 1d Northeasterly 440± feet to a i said point being on the north. i. ,_ a of said Cranberry Hill Asso- clateil; ,hence continuing along said lands of Cranberry HillAssoclates the following two (2) courses and dis- tance lonhwesterly 850± feet and Nor rriy 261.9± feet to a point, said , being an the northerly line of said Cranberry Hill Associates, said point also being an the north- erly line of lands now or formerly Cranberry Hill Associates, Liber 1746/Page 501, Tax Grid Number 19- 6158.04-692409, said point also be. Ing on the westerly line of Cranberry Lane, +:Part of Cranberry Hill Associ- ates); thence running along said Cranberry Lane the following two (2) courses and distances, Northeasterly 601 feet and Northeasterly 210± feet to a point, said point being on the northerly line of said Cranberry HIII Associates, said point also being on the westerly line of said Cranberry Lane, said point also being on the southerly line of Widmer Road; thence running along the southerly line of sald'Widmer Road 190± feet to a point, said paint being on the southerly Una of said Widmer Road, said point also being the northwest- erly cornet of lands now or formerly Cranberry HIII Associates, Liber 1746/Page 501, Tax Grid Number 19- 6158.04.676438; thence running soulheastery along said lands of Cranberry HIII Associates 120± feet to a point, said point being the north - a 1 ''I comer of said Cranberry Hill sOltes, l aid point also being the ,1 fonsterkr corner of lands now or Yc'J Par Cranberry Hili Associates, L1 03=46/Page 501, Tax Grid Num- ber 19-11158.04.685432; thence run- ning along the northerly line of said Cranberry Hill Associates 110± feet io a point, said point being the north. easterly corner of said lands of Cran- berry Hill Associates, said point also being a point on the westerly line of lands now of formerly CranberryHill Associates, Liber 1746/page 501, Tax Grid Number 19.6158.04- 894427; thence running along the nesterly line of said Cranberry Hill Associates, Northeasterly 40± feet to a point, said point being on the north. Illy line of said Cranberry Hill Asso- ;lates (,9.6158-04.998400); thence 'unning along the northerly line of raid Cranberry Hill Associates the 'ollowing six (6) courses and dis- ances; Nop:heasterly 20± feet, 3outheastarly 301 feet, Northeasterly 176.91 feet, Southeasterly 163± feet, Jorthweeterly 310.51 feet, North- veeterly 141.71 feet to a point, said joint being In the southerly line of Mdmer Road, said point also being n the northerly line of said Cranberry 11OAssociatas; thence running along he eoutherly line of said Widmer load 154.2£ feel to a point, said mint being qn the southerly line of eid Widmer Road, said point also ming 11 9 northerly line of said ;ra* fill Associates; thence saving ,..a southerly line of said yidmer Road and running along the ianP line of said Cranberry Hill w ine'of said Cranberry Hill s is the following nine (9) Otind distances, Southeast. rlyi _ feet; Northeasterly 558.9r ' lot, Southeasterly 850± feet, North, aslerly 112.51 feet, Northeasterly 75.71 feet, Northeasterly 308t feet, oonheasterly 120± feet to a point, oilheasterly 350± feet and South- asterly 210± feet to a point, said oint being on the northerly line of aid Cranberry Hill Associates, said oint also being an the northerly line f lands now ccr formerly Cranberry III Associates, Liber 1746/Page )1, Tax Grid Number 19.6158-04. 73499; thence: running along said rids of Crmbsrry HillAssociates the Illowing two (2) courses and dis. races, Northeasterly 1051 feet and oullleastenly 15± feet to a point, Did point being on the northerly line ofd Cranberry Hill Associates, said oint also being on the westerly line I Laurel Lane (Part of Cranberry Hill esocfates 19-6158-04-998400); once running along said Laurel aro theloiklw.ng three (3) courses 16 d1411"ees, Northeasterly 3603 u N 914 297-3723 84 EAST MAIN STREET -- WAPPINGERS FALLS NEW YORK - 12590 01-325728; thence running through the lands of said Sung the following three (3) courses and distances, Northeasterly 270± feet, Southeast. erly 510± feet and Northeasterly 200± feet to a point, said point being in the easterly line of said Sung; thence running along the easterly and southerly line of said lands of Sung, the following two (2) courses and distances, Southeasterly 440± feet and Southwesterly 90± feet to a point, said point being on the south- erly line of said lands of Sung, said point also being the northeasterly corner of lands now or formerly Gor- don Humeston, Liber 576/Page 194, Tax Grid Number 19-6258-03- 376432; thence running along the easterly line of said lands of Humeston, the following three (3) courses and distances, Southeast- erly 480± feet, Southeasterly 1700± feet and Northwesterly 460± feet, to a point, said point being on the east- erly line of said lands of Humeston, said point also being on the north- erly line of Myers Corners Road; thence running southeasterly cross- ing said Myers Corners Road 70± feet to a point, said point being on the southerly line of said Myers Cor. ners Road, said point also being on the easterly line of said Humeston; thence leavins said southerly line of Myers Corners Road and thence leaving said southerly line of Myers Corners Road and running along the easterly line of said Humeston South- easterly 505± feel to a point, said point being the southeasterly corner of said lands of Humeston, said point also being a paint on the northerly line of Old Myers Corner Road; thence running southeasterly cross- ing said Old Myers Corners Road 60± feet to a point, said point being on the southerly line of said Old Myers Corners Road, said point also being the northeast corner of lands now or formerly Gordon Humeston, Liber 576/Page 194, Tax Grid Number 19- 6258-03-472305; thence running along the easterly line of said Humeston the following three (3) courses and distances, Southeast. erly 850± feet, Southwesterly 230± feet and Southeasterly 10401 feet to a point, said point being the South- easterly corner of said lands of Humeston, said paint also being the southeast corner of lands now or for- merly Robert Mahig, Liber 1833/Page 803, Tax Grid Number 19-6258.03- 476163, said point also being a point in the northerly line of lands now or formerly Stephan Butchwalter, Liber 1579/Page 872, Tax Grid Number 19. 6258-03-599154; thence running along said lands of Butchwalter, northeasterly 353± feet to a point, said point being the northeasterly corner of said lands of Butchwalter; thence continuing along said lands Of Butchwalter, Southeasterly 574.64± feet to a point, said point being the southeasterly corner of said lands of Butchwalter, said point also being the northeasterly corner of lands now or formerly Gerard Peterson, Liber 1782/Page 767, Tax Grid Number 19.6258-03.493138; thence runningalong said lands of Peterson 100± feet to a point, said point being the southeasterly corner of said lands of Peterson, said point also being the northeasterly corner of lands now or formerly Bhopindra Singh, Liber 1522/Page 387, Tan Grid Number 19-6258-03-496125; thence running southeasterly along said lands of Singh 1001 feet to a point, said point being the southeasterly corner of said lands of Singh, said point also being the northeasterly .:aIle! it .dllu9 .1uw ,1 uIrIld Iy Gertrude Chrinian, Liber 1369/Page 345, Tilx Grid Number 19-624&03- -499100;'thence lurr*lglwult,easl_ . Orly along said lands of Cltrinian 2901 feet to a pant, said point being the southeasterly comer of said lands of Chrinlan, said point also being the northeasterly comer of lands now or formerly Margaret Rudy, Uber 000/ Page 000. tax Grid Number 19.6258- 04.520080; thence running south- easterly along said lands of Rudy 220± (06(h) a point, said point being 90 southeasterly corner of said lands of Rudy, said point also being a point on the northerly line of Karn Road; thence running southeasterly cross. Ing said Kent Road 60t feet to a point, said point being on the south- erly line o1 said Kent Road, said point also being the northeasterly corner of lands now or form" Carlon War- ren, Liber 1615/Page 679, Tax Grid Number 19.8258#532053; thence leaving said southerly line of said Kent Road and running along the easterly One of $aid lands of Warren 2531 feet to a Point, said point being Thos Schiesel, Liber 1060/Page 927, Tax Grid Number 19-6257.01- 424789; thence running southwest- erly along the southerly line of said lands of Schiesel 220± feet to a point, said point being the southwesterly corner of said lands of Schiesel, said paint also being a point in the east. erly line of lands now or formerly Fieldstone Farms, Liber 1564/Pape 688, Tax Grid Number 19.6257.01- 392750; thence running southeast- erly along the easterly line of said Fieldstone Farms 8103 feet to a point, said point being the southeast- erly corner of said lands of Fieldstone Farms, said point also being the northeasterly corner of lands now or formerly Contrail Associates of. Wappingers, Libor 1663/Page 381; Tax Grid Number 19.6257-01- 355604; thence running souitieast- arly along said lands of Contrall As- sociates of Wappingers 10141 feet to a point, said point being the south- easterly corner of said lands of Con- trail Associates of Wappingers, said point also being a point on the east. erly line of lands now or formerly Town of Wappingers, Liber 1824/ Page 572, Tax Grid Number 19-6257- 01.405571; thence running along said lands of the Town of Wappingers the following two (2) courses and dis- tances, Southeasterly 4701 feet and Southwesterly 1070± feet to a point, said point being a point on the south- erly line of said Town of Wappingers, said point also being the northeast- erly corner of lands now or formerly Contrail Associates of the Town of Wappingers, Liber 1663/Page 381, Tax Grid Number 19.6257.03- 467442; thence running southeast- erly along the easterly line of said lands of Contrail Associates of Town of Wappingers 760± feet to a point, said point being on the northerly line of lands now or formerly Central Hud- son Gas and Electric Corporation, Uber 650/Page 193, Tax Grid Num. ber19.6257.03-450444;thence run. ning southeasterly through said lands of Central Hudson Gas and Electric Corporation 150± feet to a point, said point being on the easterly line of said lands of Contrail Associates of Town of Wappingers; thence continuing along said lands of Contrail Associ- ates of Town of Wappingers the fol- lowing three (3) courses and dis- tances, Southeasterly 222.2± feet, Northeasterly 47.8± feet and South- easterly 775± feet to a pAnt, said point being the southeasterly corner of said lands of Contrail Associates Of Town of Wappingers, said point also being a point on the northerly line of Old Hopewell Junction Road; thence running northwesterly along the southerly line of said Contrail Associates of Town of Wappingers and the northerly line of said Old Hopewell Junction Road 290.71 feet to a point, sold point being a point on the southerly line of said Contrail Associates of Town of Wappingers, said point also being the southeast- erly corner of lands now or formerly JohnAlbrecht, Liber 1441/Page 241, Tax Grid Number 19-6257.03• 492382; thence running southwest. erly crossing said Old Hopewell Junc- tion Road Got feet to the point or place of beginning. All bearings and distances are taken off or scaled from the Dutchess County Tax Maps. AFFIDAVIT OF PUBLICATION State of New York, I 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, DutLhcss , curt , Nev,,, York,' and that the annexed NOTICE was duly published in the said newspaper for ...4nQ..weeks successively in each week, commencing on the . 15th, day of ...May........,, 1996.. and on the following dates thereafter, namely on ................................................................. and ending on the , 15th day of ,May 19 ..9...6 both days inclusive. fir-... ....... Subscribed and sworn to before me this ..15th,,, day of ..... May, c % 1996 Notary Public My commission expires ................................. RAC,1411 AAh1S4jAAT ?7 Pl MAC STATE W. �!lyYJ Y(irij( }�ta,�iRPI EAPMES MARCH 31, tQ,.��