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1995-11-27 RGMA Iti AGENDA TOWN BOARD TOWN OF WAPPINGER NOVEMBER 27, 1995 7:30 p.m. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE. ALLEGIANCE TO FLAG 3. Accept Minutes Reg. Oct. 23,195 Sp. 14/13/95 4. REPORTS OF OFFICERS: Sup/Compt Town Justices Receiver.of Taxes Zoning Adm. Bldg. Insp. Dog Control_ Officer 5. PETITIONS & COMMUNICATIONS a. b. Carol & David DeWoody request for "deaf Child" sign on Appleblossom Irene A. DeRossi: Complaint about water run-off In back yard C. Gail Hansen re: Double Standards re: Ordinances d. J. Anzeaino, Waterfront Specialist/Planner - Scenic Hudson, re: Wheeler Hill Rd. & consideration for minimalist road work 2. -f. Bryce McCann, All Angels re: Dangerous Curve on all Angels near DugE L. Nguyen, Ping Bd. Sect'y, g. re: Ordinance as relates to Gas Station: M. Stanulewich, Hughsonville Fire Dist. Re: Loc box for key to Hydrant at Town Highway Garage 11. T. Logan request permission for Dawn Idema to attend Assessment Administration Course 1/8/96 thru 1/12/96 i. Stenger Ct. residents re: more street signs j. k. Peter Schwindler re: Sewer backup in house & request for reimburses 1. Timothy Holls re: damage to car from raised manhole cover-Wildwood I Richard Germiller, D. Co. Traffic & Safety, response re: site distal for Brook Place/All Angels Hl.:LI. Rd. m. E. Saris, Attuy for Tax reviews, re: Nelson Constr.uctLon permission effectuate settlement n. Jaya]. F.del.man/Alba Vargas, 4 Bfg Elm, re: ".Dead Find"signs o. T. Logan, Assessor re: 6 ,mall. parcels of vacant: land offered to 'I by County if wanted p. Request to use voting machines from: Hughsonville Fire Dist. & New .wI Hackensack Fire Dist for elections 12/12/95 q. E. Snowden, T/Clerk, re: erecting "Polling Banners" for Election Dal r. Requests for return of Escrows from (1) Harold Buchner, Sun Up, for $2,739 (2) Dennis & Mari Malone, 'Thompson Terr. P500 (3) Janine Santiago, Smithtown Rd., $196.50 (4) Mid Hudson Chinese Christian Church, $438.25 S. Mari Sevey, Gen. Manager., US Cablevision, r.eque,,t to hook up to Municipal Water t. J. Paggi, Eng, to Twn. Reports: (1) Nicole Farms (to D. Close) (2) Wapp. Sewer trans/Treatment IA Phase 1 Contract. (3) Add'1 parcels Wapp. Sewer Imp. #1 Early Entry Agreement w/Tri-Muni and corr. from Tri-Muni Commission (4) Castle Point Landfill-EQBA i closure assistance (5) Dutchess Med. Arts B.Idp,., Wappingers Park"11'' (6) A tlas,III.1:Lt'op & Rockl.ngham Wel.1 Fields-Chlorine Retention Facilj Ground Water under influence of Surface Water determination (6) 11/1 bill from Village Water Dept. (7) Tri-Muni Contract #1 Change Order (8) Watch Hill Water. u. ITT Hartford corr: re: Loss 'ontrol Service v. NY Central Mutual Re: John Badar Claim on Sewer Backup w. G. Foster 11. Supt. Corr; to J. W. Smith Paving X. Camo Report on Lacey - 10 Deer Run - Sewage backup y. Emanuel F. Saris, Attny for tax reviews, corr. rci Marshfield i Z. Highway P.O.'s - Brady Power Saw, $1.,250 consider approval 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT a. Zoning Administrator Report b. Accept Franchise Bond .for CATV 11. ItESOLUTI-ONS a. Collslder CD Fund Projects b. Vacancy - Zoning Board of Appeals C. G. Foster - Resolution for CHIPS funding d. Meadow Wood - Domber subdivision - Ping Bd. recommendation to develop under Conservation S111)111.viflion Regulatl.o,,.s e. f. Conl0roller Ann Buckley requei,ts Bridget 'Transfers Camo Contract g. Change December meetl.ug Night to 7.2/27/95 A Iti TOWN BOARD AGENDA NOVEMBER 27, 1995 Con t - pg. 2 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADJOURNMENT REMINDER: PUBLIC HEARING - FLEETWOOD WATER - 7:00 P.M. 951127.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on November 27, 1995 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 Joseph Incoronato, 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 Supervisor asked all to join in the Pledge of Allegiance to the Flag at the commencement of the Meeting. MINUTES The Minutes of the Regular Meeting of October 23, 1995 and Special Meeting of November 13, 1995 having previously been forwarded to the Board Members, were placed before them for their consideration. COUNCILWOMAN VISCONTI moved that the above stated Minutes as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Incoronato Motion Unanimously Carried REPORTS OF OFFICERS Reports for the month of October were received from the Supervisor/Comptroller, Town Justices, Receiver of Taxes, Building Inspector, Zoning Administrator, Dog Control Officer. COUNCILWOMAN VISCONTI referred to the correspondence that Mr. Keller received complimenting his staff for being so helpful and efficient. COUNCILWOMAN VISCONTI moved to accept the above reports and place them on file. Seconded by Mr. Incoronato Page 1 951127.RGM Motion Unanimously Carried PETITIONS & COMMUNICATIONS The first item on the Agenda is correspondence from Carol & David DeWoody with a request for a "Deaf Child" sign on Appleblossom Lane. Mr. Foster informed the Board that this request has been taken care of. A sign has been erected ` COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Correspondence from Irene A. DeRossi of 10 Barbara Drive with a complaint about the run-off of water in her back yard forming a dangerous environment. She is certain it is a Town problem. Mr. Paggi, Engineer to the Town assessed the drainage concern of Mrs. DeRossi, and field inspected the site. Upon inspection he noted that the area is rather large and it appears to have no outlet. The runoff to the pond appears to be generated from the general surrounding area and not from any road runoff. He also reviewed the filed map to determine if a drainage easement exits, and found none. It is his opinion that the Town has no obligation to perform the work, and therefore, should not do so. COUNCILMAN INCORONATO moved to accept the correspondence and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence from Gail Hansen in reference to the double standard of certain zoning laws in the Town of Wappinger. Recently she had a vehicle for sale on her front lawn, and was notified by the Zoning Administrator that it is prohibited to place an unregistered vehicle on the lawn, and was given 8 days i to remove it. She removed it within 24 hours. Upon questioning Mr. Close, the Zoning Administrator, she was also told that hanging signs on telephone poles or staking yard sale signs was Page 2 951127.RGM against Zoning Laws. She questions the many signs that were allowed to be hung on poles and posters erected on almost every street corner during election time. She felt they were an eyesore and in some cases were an obstruction. The homeowner who is paying their taxes and obeying the laws is in �r violation however the candidates running for election can disregard these laws! COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Next, correspondence from Jeffrey Anzevino, Waterfront Specialist/Planner, Scenic Hudson, regarding a recent article that appeared in the Southern Dutchess News that reported the Town had been reviewing plans to improve Wheeler Hill Road. He hopes the Town recognizes the value of Wheeler Hill Road and its contribution to the history and tourist economy of both Wappinger and Dutchess County and feels efforts to improve the road would destroy the rural qualities found along its way and may encourage even higher speeds. He would like to be contacted when plans for the road work on Wheeler Hill are available and notified, when the public hearings are scheduled. COUNCILWOMAN VISCONTI moved to place the correspondence on file and notify Mr. Anzevino when Mr. Paggi's report is available. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from Bryce McCann of 449 All Angels Hill Road regarding dangerous conditions of the curve on All Angels Hill Road near Dugan Lane. He is requesting the speed limit be reduced from 55 MPH to 30 MPH. i COUNCILMAN RUGGIERO moved to table this to the December 11, 1995 Workshop when Charles Traver from the County will be in attendance to discuss this issue with residents. Page 3 951127.RGM Seconded by Mrs. Visconti Motion Unanimously Carried A memo from Planning Board Secretary Linda Nguyen. During the Boards deliberations, they found in the Zoning Ordinance under Gasoline Filling Stations, Article IV, Section 440.3.1 and 440.3.5, which states that there is to be 2500 feet between filling stations and it has to be 1000 feet from a residence. If these stipulations are left in the Zoning Ordinance, it would make it legally impossible to open another gasoline filling station in the Town of Wappinger. COUNCILMAN INCORONATO moved to accept the correspondence and place on file. Seconded by Mrs. Visconti Motion Unanimously Carried A request from Michael Stanulewich, Chief of the Hughsonville Fire District for 2 additional hydrant wrenches for the Lock Device for the Hughsonville Fire District. Mr. Paggi informed the Board that he drafted a letter to the Village Board stating the Towns concern regarding the one hydrant key and the Towns recommendation to place a lockbox at the Highway Garage, with keys placed at Hughsonville, Johnson, New Hackensack and Garner Fire Companies. He has had no response. Mr. Valdati said he would contact the Village. Mr. Paggi also notified Chief Stanulewich that he can not have additional Hydrant wrenches. COUNCILMAN INCORONATO moved to accept the correspondence and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried Tom Logan, Assessor requesting permission be granted for Dawn Idema to attend the one week Assessment Administration course provided by the State Board of Real Property Services in Newburgh, from January 8, 1996 to January 12, 1996. There Page 4 F, In In 951127.RGM is no charge for this course. COUNCILWOMAN VISCONTI moved to approve the request for Dawn Idema to attend the Assessment Administration Course in Newburgh January 8, 1996 to January 12, 1996. Seconded by Mr. Incoronato Li Motion Unanimously Carried Correspondence from residents of Stenger Court with a request %W that the Town do some research on the need for more street signs to indicate a side street and the possibility of exiting cars and turning traffic on Stenger Court. Many Residents have experienced a serious traffic risk when entering/exiting their street on to River Road North. Mr. Foster, Highway Superintendent informed the Board said this request was already taken care of. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Next is an itemized list of the personal property that Peter Schwindeller of 15 Deer Run Drive lost as the result of a sewage backup into his house that occurred on October 21, 1995. Also included was a bill from Tri -County Maintenance for professional cleanup of the first floor of his home, a copy of the letter from Camo Pollution Control, and a note from his insurance broker indicating the his homeowners does not cover for the loss from water that backs up through sewer or drains. MRS. SMITH informed the Board that this claim had been forward to Marshall & Sterling, Insurance agents for the Town. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Next is a letter from Timothy P. Hollis, describing an alleged Page 5 951127.RGM accident involving his car on a Town manhole cover on Wildwood Drive on August 19, 1995 and a request for reimbursement of repairs. In his reply, Mr. Foster, Highway Superintendent explained that because the manholes only stick up under 2" they cause a minor annoyance to traffic when hit by a car which is why they are painted. Most motorists will straddle the risers to avoid the bump. There is no way the raised manholes can cause the type of damage Mr. Hollis describes. Prior to Mr. Hollis's letter, that was received by Mrs. Smith, on October 31, 1995, Mr. Foster had not received a report of an accident from Mr. Hollis and therefore does not feel this is a valid claim against the Town. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Also a letter from Richard J. Germiller, Jr. persuant to a request made by Mrs. Smith regarding a complaint about limited sight distance exiting from Brook Place onto County Route 94. Upon investigation of this request, Mr. Germiller reported that the existing sight distance as measured from twelve(12) feet back from the white line looking to the left is 373 feet. The minimum required sight distance for a road with a posted 40 MPH speed limit is 353feet, and compensating for the upgrade approach this minimum is reduced to 338 feet. As you can see, the existing sight distance is more than adequate. However, the existence of a paved shoulder gives the appearance of being too close to the travel land. It was noted that the aforementioned twelve feet from the white line situates the driver at a location approximately even with the current location of the 1 existing stop sign. If the Town of Wappinger feels that the plants between the edge of the shoulder to the edge of the County right of way need to be trimmed back you may do so, but Page 6 951127.RGM we suggest that, even though they may be within the County right of way, you still secure the permission of the landowner whose frontage they are on. SUPERVISOR SMITH informed the Board that she had sent a copy of this letter to Christine Brady, 7 Brook Place. COUNCILWOMAN VISCONTI moved to accept correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried A letter from Attorney Emanuel Saris, who handles tax reviews for the Town, Re: Nelson Construction Inc. v. Town of Wappinger. Mr. Saris and Assessor Tom Logan agree, it is in the best interest of the Town of Wappinger to reduce the assessment from $210,000.00 to $180,000.00 for tax year 1995. The Town would save substantial costs of appraisal and trial. COUNCILMAN VISCONTI moved to authorize Emanuel Saris, to effectuate the proposed settlement. Seconded by Mr. Incoronato Motion Unanimously Carried Because their road is a quiet dead end with a cul de sac, and to alleviate driver confusion when looking for Wheeler Hill or River Road, there was a a request from Jayal Edelman and Alba Vargas of 4 Big Elm Road to have a "Dead End" sign installed at the entrance of Big Elm. MR. FOSTER, Highway Superintendent notified the Board that the sign was installed. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Correspondence from Assessor, Tom Logan notifying the Town that I at present time 6 minute parcels of vacant land appear on the Town Assessment Roll in the name of Dutchess County. The County Commissioner of Finance, Phil Amodeo suggested that since Page 7 951127.RGM these parcels were adjacent to the Town owned Conservation Area that the Town might accept deeds to these parcels. The cost to the Town would be $1.00. COUNCILWOMAN VISCONTI moved to authorize the Supervisor send a letter to Mr. Amodeo informing him the Town has chosen not to accept the deeds. Seconded by Mr. Ruggiero Motion Unanimously Carried Requests for the use of voting machines for their upcoming annual Fire District Elections to be held on December 12, 1995 were submitted by Frank Borquist of the New Hackensack Fire District and Eleanor Croshier of the Hughsonville Fire District. COUNCILMAN VALDATI moved to approve the requests from Frank Borquist of New Hackensack Fire District and Eleanor Croshier of Hughsonville Fire District for the use of (1) voting machine each, for their December 12, 1995 election. Also to add Chelsea Fire District in case a request for the use of a voting machine is received from them. Seconded by Mr. Ruggiero Motion Unanimously Carried The following letter was submitted to the Town Board from Elaine Snowden, Town Clerk. Dear Board Members, An incident occurred on Monday (11/6/95) which I believe needs to be addressed. It is one the functions of preparing for the Election, not an essential, legal function, but one that is an aid to the Voters. To Digress for an instant, ever since we have used "Polling Banners" to mark the Polling Places, the Highway, having accepted the Town Boards request to do so, has assumed the responsibility of putting them out, as well as being i an integral part of Election Day preparations; Delivering and returning the voting machines, picking up and returning suitcase Page 8 951127.RGM supplies at the Board of Elections, and of course putting out these Banners Election Eve. They have assumed this responsibility without questions, and ever since the banners have been initiated, it also has been part of their routine each year at election time. In light of this, I made a routine call to the Highway Department Monday morning just to affirm that the polling banners were being taken care of. Graham returned my call, telling me that his men could not put out these banners because "they were very busy blacktopping today". I indicated that it didn't matter as to when these were put out, as a matter of fact, it traditionally had been done later in the afternoon of Election Eve. He wasn't sure if there were any men available even then, and the subject of being paid for doing this job was also mentioned. I was not afforded the courtesy of an answer as to whether or not anyone was going to do the job, thus assuming it would, as usual, be taken care of. It was not, consequently, the Supervisor and Deputy Supervisor undertook the job early Tuesday morning. I, therefore, before this incident becomes old and forgotten, would like to request the Board to consider allowing an independent person be engaged to do this job come Election times henceforth, I appreciate your consideration of this request, and will be most grateful to have the Board recommend a person for this yearly task. It is a valuable assistance to the Voters, and it will be a relief knowing that the mechanism is in place to see that it will always be done. MR. FOSTER explained that if he were notified far enough in advance he could plan for this. He could not remove men from blacktopping. COUNCILMAN VALDATI moved to authorize the Town Clerk, Elaine Snowden notify the Highway Department 1 month in advance to make arrangements for the Polling Banners to be set up at the Polling Places and this will now become a permanent function of the Highway Department, as is the responsibility of distributing Page 9 voting machines, during normal business hours. Seconded by Mrs. Visconti 951127.RGM Motion Unanimously Carried Several requests for the return of Escrow Funds were received. The first one is for Harold Buchner, Sun Up Enterprises, $2,739.90 for a Site Plan & Special Use Permit. COUNCILWOMAN VISCONTI moved to approve the return of Escrow to 1.00 Harold Buchner, Sun Up Enterprises for $2,739.90, based on the recommendation of Donald Close, Zoning Administrator. Seconded by Mr. Ruggiero Motion Unanimously Carried The second request for the return of Escrow Funds is for Dennis & Mari Malone, Thompson Terrace, $500.00 for a Driveway Bond. COUNCILWOMAN VISCONTI moved to approve the return of Escrow to Dennis & Mari Malone for $500.00, based on the recommendation of Donald Keller, Building Inspector. Seconded by Mr. Incoronato Motion Unanimously Carried The third request for the return of Escrow Funds is for Jeanine Santiago, Smithtown Road, $76.50 for a Special Use Permit, as amended. COUNCILWOMAN VISCONTI moved to approve the return of Escrow to Jeanine Santiago for $76.50 based on the recommendation of Don Close, Zoning Administrator. Seconded by Mr. Valdati Motion Unanimously Carried The last request for the return of Escrow Funds is for the Mid Hudson Chinese Christian Church $422.25 for a Site Plan as amended. COUNCILWOMAN VISCONTI moved to approve the return of Escrow to a the Hudson Chinese Christian Church for $422.25 based on the recommendation of Don Close, Zoning Administrator. Seconded by Mr. Valdati Page 10 951127.RGM Motion Unanimously Carried Seconded by Councilwoman Visconti Motion Unanimously Carried Several Reports were submitted from Engineer to the Town Jay Paggi. The first was to Don Close in reference to Nicole Farms. Mr. Paggi reviewed the revised deed descriptions and found them all to be in order. He noted he did not check for surveying or mathematical accuracy, however, have checked them for conformance with the Filed Map referenced only. He would be notifying Mr. Klein and the Engineering office with his i findings. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried The second report is in regard to Wappinger Sewer Transmission Treatment Improvement Area, Phase I, Contract No. 3. On October 18, 1995 he advertised for Bids for the project and the Bids were to be opened on November 10, 1995. He went on to explain what would be required to transfer all existing follow tributary to the Oakwood Knolls Sewage Treatment Plant to the newly constructed trunk lines and ultimately to Tri -Municipal Wastewater Treatment Facility. Once this construction is completed, the Oakwood Knolls Treatment Plant will no longer be in operation and the current discharge will be abandoned. Page 11 A request from Mari L. Sevey, General Manager of U.S. Cablevision Corporation, 38 Old Route 9, for an update on the availability of being able to connect to the Municipal water i supply. COUNCILMAN INCORONATO moved to authorize the Supervisor send a letter to Ms. Sevey, informing her none is available at this time. Seconded by Councilwoman Visconti Motion Unanimously Carried Several Reports were submitted from Engineer to the Town Jay Paggi. The first was to Don Close in reference to Nicole Farms. Mr. Paggi reviewed the revised deed descriptions and found them all to be in order. He noted he did not check for surveying or mathematical accuracy, however, have checked them for conformance with the Filed Map referenced only. He would be notifying Mr. Klein and the Engineering office with his i findings. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried The second report is in regard to Wappinger Sewer Transmission Treatment Improvement Area, Phase I, Contract No. 3. On October 18, 1995 he advertised for Bids for the project and the Bids were to be opened on November 10, 1995. He went on to explain what would be required to transfer all existing follow tributary to the Oakwood Knolls Sewage Treatment Plant to the newly constructed trunk lines and ultimately to Tri -Municipal Wastewater Treatment Facility. Once this construction is completed, the Oakwood Knolls Treatment Plant will no longer be in operation and the current discharge will be abandoned. Page 11 951127.RGM The Final connection will be made in early December and the final flush around December 18th. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The third report is in reference to Mr. Paggi's recommendation that the Town of Wappinger make a request to the Tri -Municipal Sewer Commission for five (5) additional single family residential hookups to be allowed under the existing Early Entry Agreement for Phase 1 of the Wappinger Sewer Transmission Treatment Improvement. Mr. Paggi contacted the commission and they were to get back to him with their decision some time in December. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The fourth report in reference to the Castle Point Landfill EQBA Landfill Closure Assistance. Mr. Paggi's office is in the process of preparing the necessary application and documentation to apply for state assistance. As part of the application the Town Board must adopt a formal Resolution authorizing the submission for assistance, and naming the Supervisor as the official representative to act in connection with any actions between the Town and the State. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption and seconded by Mr. Incoronato. WHEREAS, the Town of Wappingers herein called the "Municipality" has hereby determined that certain work as l described in the state assistance application and any amendments thereof, herein called the "Project" is desirable and in the public interest; and Page 12 951127.RGM WHEREAS, Title 5 of Article 54 of the Environmental Conservation Law authorized state assistance payments to municipalities for closure of municipal landfills by means of a written agreement and the Municipality deems it to be in the public interest and benefit under this law to apply therewith; NOW THEREFORE, BE IT RESOLVED BY the Wappinger Town Board (1) That Supervisor Constance 0. Smith is directed and authorized as the official representative to act in connection with any application between the municipality and the State,and to provide such additional information as may be required; (2) That one (1) certified copy of this Resolution be prepared and sent to the Director, Division of Solid Waste, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-4010 together with the application; and (3) That this Resolution take effect immediately. Roll Call Vote: Vot e Constance Smith, Supervisor Aye Joseph Ruggiero, Councilman Aye Robert Valdati, Councilman Aye Joseph Incoronato, Councilman Aye June Visconti, Councilwoman Aye This Resolution is hereby duly declared adopted. COUNCILWOMAN VISCONTI moved to authorize Engineer to the Town Jay Paggi to submit the application. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Paggi would also like to set up a Workshop for December to go over the proposed costs that are being submitted with the application. Next is Mr. Paggi's report on the Dutchess Medical Arts Building request to connect to the Wappinger Park Water System. He has determined that if the Dutchess Medical Arts Building is connected to the Wappinger Park Water system, there would be Page 13 951127.RGM no adverse effect on the current well production. The cost as a tenant would be double that of a resident. COUNCILMAN INCORONATO moved to authorize Mr. Paggi to follow up by sending a letter to Dr. Goldman asking him if he wishes to enter into a tenancy agreement, and if so, contact Supervisor Smith. Seconded by Mrs. Visconti Motion Unanimously Carried The next report is in reference to Atlas, Hilltop and Rockingham Well Fields, Chlorine Retention facilities, and Groundwater Under the Influence of Surface Water Determination. As per correspondence from the Department of Health and the Dutchess County Health Department, the above referenced public water supply wells have been determined to be not under significant influence of surface waters. Prior to performing any of the necessary upgrading of the existing chlorine detention facilities they were awaiting this determination. Mr. Paggi recommends that this issue be put on a Workshop for December or January so it can be discussed at length. Supervisor Smith will notify him. The next report concerns the Water Bill for November 1, 1995 submitted to the Highway Department, from the Village of Wappingers Falls Water Department, in the amount of $67.79. Mr. Foster requested Mr. Paggi to review the bill. Upon reviewing the bill Mr. Paggi discovered that in the original contract with the Village, it states the Town of Wappinger will pay residential rates and the Town was being charged for commercial rat es. COUNCILWOMAN VISCONTI moved to authorize Mr. Paggi contact the Village Water Department reminding them that the original i contract states the Town to pay "Residential Rates" and is being billed as a commercial user. Seconded by Mr. Valdati Page 14 951127.RGM Motion Unanimously Carried The next report for the Boards is a Tri -Muni Contract Change Order #1. Specifically change orders 31 and 32. These change orders were originally proposed by the contractor and rejected by the Commission. By a copy of this letter, he is requesting .,.' Mr. Litco to inform his office when pending Change Orders are reconciled and agreed by both parties. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried The last report from Mr. Paggi concerns Watch Hill Water. COUNCILWOMAN VISCONTI moved to table this to a Workshop. Seconded by Mr. Valdati Motion Unanimously Carried Correspondence from ITT Hartford Insurance Group regarding Loss Control Service of Several Employees for 1995 and report on their overall review of the Towns Safety program. In their comments they congratulated the Town for a very proactive program. It is obvious that a safety consciousness among employees has been created within the administration. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried The next item for the Boards consideration is a Notice of Claim from New York Central Mutual Fire Insurance Company. They are the Insurance Carrier for John T. Badar, who sustained a loss as a result of sewage backup to his home. In as much as they paid the insured directly, they are requesting a reimbursement in the amount of $1,410.72. Supervisor Smith informed the Board that this claim was turned over to the Towns Insurance Carrier, Jack Peluse. Page 15 951127.RGM COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Correspondence from Graham Foster to J. W. Smith Paving firm with a total of Expenditures for $171.57 incurred by the Town of Wappingers caused by his paving firm leaving excavated material in the road at 11 Barbara Drive on October 27, 1995. Mr. Foster explained that he had called Mr. Smith several times to clean up the area and gave him a deadline and only reached an answering machine. Highway employees were sent to clean the area. He sent Mr. Smith an invoice for $171.57, the cost to send out the Highway men to clean up the area, and received a check for that amount, which he turned over to the Comptroller. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Next is a memo from CAMO Pollution Control regarding the Sewer Lateral Backups at the Lacy Residence, 10 Deer Run and the work that they performed. At that time CAMO discovered that the grade on the pipe between the house and the curb was inadequate. To prevent future problems from occurring, the pipe should be regraded. By Town Code, the regrading of this pipe is the homeowners responsibility. Camo contacted the Homeowner and their plumber with their findings. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Emanuel Saris, Attorney, submitted a copy of a Real Property Transfer Report: Marshfield Enterprises, Inc. v. Town of Page 16 l 951127.RGM Wappinger. Mr. Saris indicated that only 90 acres of the above referenced premises were sold for $750,000.00. It appears that the Town's course of action was abundantly prudent and correct. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried %kw A Purchase Order was submitted for approval from Graham Foster, Highway Superintendent for $1,250.00 payable to Brady's Equipment, for a Power Saw used to cut pavement. As required, three proposals were submitted. Brady's Equipment, being the lowest. COUNCILWOMAN VISCONTI moved to approve the Purchase Order for $1,250.00 payable to Brady's Equipment for a Power Saw, based on the recommendation of Graham Foster. Seconded by Mr. Incoronato Motion Unanimously Carried Also a request from Mr. Foster to authorize $2,000.00 to an existing Purchase Order for $5,500.00, payable to Enviro- Science, for further testing of Wells. COUNCILMAN VALDATI moved to approve $2,000.00 be added to the existing Purchase Order for $5,500.00 payable to Enviro-Science, for further testing of the wells. The total Purchase Order would be $7,500.00. Seconded by Mr. Incoronato Motion Unanimously Carried COMMITTEE REPORTS COUNCILMAN RUGGIERO had no reports at this time. COUNCILMAN VALDATI on the dangerous tree limb hanging on Route 9D, near #99 and #101. If there are any strong winds, the limb could fall and injure someone. Mr. Valdati notified Mr. Foster, who in turn called the Department of Transportation to report the hanging limb. DOT has not gotten back to Mr. Foster Page 17 951127.RGM yet. COUNCILMAN VALDATI moved to authorize the Supervisor to send a letter to DOT putting them on notice. Seconded by Mrs. Visconti Motion Unanimously Carried COUNCILMAN INCORONATO had no reports at this time. COUNCILWOMAN VISCONTI asked Mr. Foster when Regency Drive 14 would be blacktopped. Mr. Foster explained that it would not be done until next year. He will send her a list of roads that are expected to be blacktopped next year. SUPERVISOR SMITH announced that tree lighting ceremonies would be held on Sunday December 3rd at 5:00 P.M. at Schlathaus Park. Tri -Muni Ceremonies would be held on December 18th for the "First Flush". Swearing in ceremonies would be held on January 1st at 2:00 P.M. and the Reorganizational Meeting would be held January 2nd at 7:00 P.M. BONDS & LETTERS OF CREDIT At this time Supervisor Smith informed the Board that Bombs Away Deli was closed, and the Town will continue to post the building. MR. CLOSE, Zoning Administrator, submitted his monthly report on the schedule of Bonds and Letters of Credit for the various subdivisions, the amounts, expiration dates and call up dates. COUNCILWOMAN VISCONTI moved to accept the report and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried The next item for the Boards consideration is to accept the Franchise Bond for U.S. Cablevision Corporation. a COUNCILMAN INCORONATO moved to accept the Franchise Bond for U. S. Cablevision Corporation. Seconded by Mrs. Visconti Page 18 951127.RGM Motion Unanimously Carried RESOLUTIONS A Public Hearing having been held on November 13, 1995 to Consider Community Development Projects for 1996, the matter was now placed before the Board for their consideration. The three projects at $50,000.00 each were Chelsea Water, Recreation Phase II and Senior Housing project for the Village of Wappinger. The project for Alice Lane suggested by Mr. Incoronato, comes under another program and would have to be wait. COUNCILMAN VALDATI moved to adopt the following projects to apply for Community Development Funds. 1) Chelsea Water hook-up, $50,000.00. 2) Recreation at Castle Point Phase II to accommodate the handicapped, $50,000.00. 3) Senior Housing Project at DiMarco Place for the Village of Wappinger, $50,000.00. Seconded by Mrs. Visconti Motion Unanimously Carried Next is the vacancy on the Zoning Board of Appeals. SUPERVISOR SMITH informed the Board that she had received several more applications for this vacancy that she wished to present to the Board before a decision is made. COUNCILWOMAN VISCONTI moved to table at this time so more applications to fill the vacancy may be considered. Seconded by Mr. Valdati Motion Unanimously Carried The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption. WHEREAS, the Transportation Industry Committee was formed to provide a foundation to promote to the New York State Legislature the need to secure funding for local transportation; and WHEREAS, the Transportation Industry Committee meets with the Page 19 951127.RGM Senate and Assembly Transportation Committees to discuss concerns about transportation funding and to recommend alternative sources of future revenue; and WHEREAS, the Transportation Industry Committee plans to continue meeting with senators and assemblymen to further emphasize our mission of adequate and dependable local transportation funding; and WHEREAS, the Transportation Industry Committee supports all agencies, businesses and organizations in the transportation industry; and WHEREAS, the transportation issues affect ever New Yorker daily, the need for secure funding for local transportation in 1996-97 and beyond is immense; and WHEREAS, local governments are responsible for 9,000 bridge and 95,000 miles of road (85% of New York State roads); and WHEREAS, the Consolidated Highway Improvement Program (CHIPS) ends in 1996; and NOW THEREFORE, BE IT RESOLVED, that the Town of Wappingers Falls goes on record strongly supporting the Transportation Industry Committee's efforts promoting to the New York State Legislature the need for secure and adequate funding for local transportation; and BE IT FURTHER RESOLVED, that copies of the resolution be submitted to Governor George Pataki and all members of th New York State Legislature, as well as others deemed necessary and proper. Seconded by Mr. Incoronato Motion Unanimously Carried The next item for the Boards consideration is to review and consider the resolution authorizing the Planning Board to modify Y the requirements of the Zoning Law for the proposed cluster subdivision of Steven Domber. Jeff Kane, of Chazen Engineering went over of the draft Page 20 951127.RGM to correct several issues and make changes. Al Roberts, Attorney to the Town went over some typo errors and explained to the Board that they will be approving the cluster tonight, then it will go back to Planning Board for SEQRA studies, impact and site engineering. It will then come back to the Town Board to determine how the open spaces are going to be owned and maintained. COUNCILWOMAN VISCONTI moved to authorize the Supervisor to send a letter to the Planning Board with a formal recommendation regarding the architecture scheme and Water Plant. Seconded by Mr. Ruggiero Motion Unanimously Carried The following resolution was moved, as amended, by COUNCILWOMAN VISCONTI and Seconded by Councilperson Incoronato: WHEREAS, the Town of Wappinger Town Board received the application of Steven Domber (the "Applicant") requesting Town Board authorization of the Planning Board to consider a proposed conservation subdivision of his property pursuant to Section 410.2.2 of the Zoning Law in accordance with Section 278 of New York State Town Law; and WHEREAS, the Applicant has been before the Planning Board for a review of the proposed conservation subdivision; and WHEREAS, the property consists of 142.58 acres in 3 parcels located in the northeastern, southeastern and southwestern corners of the intersection of Old Hopewell Road and All Angels Hill Road (County Route 28 and 94 respectively) in the R-40 District; and WHEREAS, the Planning Board has reviewed a conventional layout of the property and determined that the maximum number of lots which could be permitted on the subject property is seventy nine (79) building lots on the 142.58 acres of land as shown on the following 7 sheets of plans prepared by Chazen Engineering & Land Surveying Co., P.C.: 1. Drawing 1 of 6, "Titled Sheet," dated 7/31/95 last revised 9/7/95; 2. Drawing 2 of "Parcel 1 Conventional Lot plan - Property of Steven Domber", dated 7/31/95 last revised 9/21/95; 3. Drawing 3 of 6, "Parcel 2 Conventional Plan," dated 7/31/95, last revised 8/18/95; 4. Drawing 4 of 6 "Parcel 1 Road Profiles Road A Station 0 to Station 26," dated 7/31/95, last revised 9/7/95; 5. Drawing 5 of 6, "Parcel 1 Road Profiles Road A Station 26 to Station 40 + 33," dated 7/31/95; and Page 21 951127.RGM 6. Drawing 6 of 6, "Parcel 1 Road Profiles Roads B, C and D," dated 7/31/95, last revised 9/7/95; 7. Sheet 4, "Parcel 1 Cluster Lot Plan - Property of Steven Domber" dated 7/31/95, last revised 9/28/95; and WHEREAS, the Applicants are proposing to: Create 74 clustered lots on Parcel 1 on 12,000 square foot lots and 5 new conventional building lots on Parcel 2; To preserve the existing farm house and accessory buildings on a 10 -acre lot on Parcel 2; To dedicate no less than 15 acres of Parcel 2 to the Town of Wappinger for addition to an adjacent recreation area; To preserve all of the 16.35 -acre Parcel 3 as open space; and WHEREAS, municipal water and sewer service is proposed and will be a prerequisite for such clustered development of Parcel 1; and WHEREAS, the Applicant has designed the proposed clustered lot layout in accordance with the standards and criteria set forth in Section 410.2.3 for Mandatory Open Spaces Subdivisions; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board has determined that the authorization of the Planning Board to use the cluster development provisions of Section 278 of Town Law will enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open lands. 3. In consideration of th above, and in accordance with the provisions of Section 278 of New York State Town Law, the Town of Wappinger Town Board Hereby authorizes the Planning Board to modify the applicable provisions of the Zoning Law to permit the proposed cluster development of a maximum of seventy four (74) single-family lots on Parcel 1. 4. The conditions for the ownership, use and maintenance of lands reserved for open space, park, recreation or other municipal purposes shall be approved by the Town Board before the plat may be approved for filing. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: CONSTANCE 0. SMITH JOSEPH INCORONATO JOSEPH RUGGIERO ROBERT L. VALDATI Page 22 Voting AYE Voting AYE Voting AYE Voting AYE F� F� 9 951127.RGM JUNE A. VISCONTI Voting AYE The resolution is hereby duly declared adopted. Permission for the following Budget Transfers were requested by Ann Buckley, Comptroller. To increase underbudget Revenues To decrease over budget Revenues A Fund Decrease 2260 Revenue - Stop DWI $ 840.00 Increase 2401A Revenue - Interest & Earnings 4,909.11 Decrease 2610A Revenue - Fines, Forfeit & Bail 6,000.00 Decrease 3005A Revenue - Mortgage Tax 117,583.61 Increase 3001A Revenue - State Revenue 100,544.50 Increase 3003A Revenue - Equalization Assess. 18,970.00 Add'l Atty. Fees due to Bombs Away & Alpha Laval (Litiga Incr.) Increase 1420.4A Expenditure - Attorney $10,000.00 Decrease 1910.4A Expenditure - Unallocated Insurance $10,118.42 Decrease done in order to increase the above expenditures and bring budget into line. Decrease the following because it is not needed this year and was put back into the Fund Balance. Decrease 1990.4A Expenditure - Contingency Acct. $ 46,000.00 Increase 909A Fund Balance - Fund Balance 46,000.00 Sewer Fund (SP) Tri -Municipal Plant Decrease 9710.6SP Expenditure- Serial Bond Principal $78,784.02 Increase 9710.7SP Expenditure- Serial Bond Interest 78,784.02 To budget for interest expense increase due to additional borrowing of $2,600,000.00 in 1995. B Fund Decrease the following because it is not needed this year and was put back in the Fund Balance. Decrease 1990.4B Expenditure - Contingency Account $100,000.00 Increase 909B Fund Balance - Fund Balance 100,000.00 Additional monies needed for Zoning Regulations Increase 8020.4B Expenditure - Planning Dept. C.E. $ 15,000.00 Underbudget Expenditure Increase 9055.8b Expenditure - Disability Ins. Underbudgeted Revenue Increase 2401B Revenue - Interest & Earnings Highway Fund (DB) Underbudgeted Revenue Increase 2401DB Revenue - Interest & Earnings Page 23 $ 220.00 $ 15.220.00 $ 10,000.00 951127.RGM Underbudgeted Expenditure Increase 9040.8DB Expenditure - Workers Comp. $ 10,000.00 COUNCILWOMAN VISCONTI moved to authorize the above Budget Transfers as requested by Ann Buckley, Comptroller. Seconded by Mr. Incoronato Motion Unanimously Carried The Following Budget Amendment was also requested by Ann Buckley, Comptroller to move monies into Personal Services from Contractual to cover Election Inspectors that have to be put on the Payroll. Increase 1450.1A $250.00 Decrease 1450.40A 250.00 COUNCILWOMAN VISCONTI moved to authorize the above Budget Amendments to cover Election Inspectors that have to be put on the Payroll, as requested by Ann Buckley, Comptroller. Seconded by Mr. Incoronato Motion Unanimously Carried A Contract was submitted to the Town from CAMO Pollution Control relating to managing the water and sewer plants of the Town of Wappinger. COUNCILMAN RUGGIERO moved to approve the Contract from CAMO Pollution to manage the water and sewer plants of the Town of Wappinger and authorize the Supervisor to sign. Seconded by Mrs. Visconti Motion Unanimously Carried Because Christmas falls on the last Monday of December and the Town has voted December 26th as a floating Holiday, the Town Board must change the Year End Town Board Meeting night to December 27, 1995. COUNCILMAN VALDATI moved to Change the December meeting Night to December 27, 1995 at 7:30 P.M. Seconded by Mr. Ruggiero Page 24 Motion Unanimously Carried 951127.RGM A Public Hearing having been held regarding the Increase and Improvement of the Facilities of the Fleetwood Water District of the Town of Wappinger, the matter of adoption was now placed before the Town Board. The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption and seconded by Mr. Incoronato. WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to section 202-b of the Town Law, relating to the increase and improvement of the facilities of the Fleetwood Water District in said Town , consisting of the Drilling of a new well together with necessary improvements to connect said well to the existing water distribution system, including piping and original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $35,000.00; and WHEREAS, the capital project has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Department of Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and WHEREAS, at a meeting of said Town Board duly called and held on November 13, 1995, an order was duly adopted by it and entered in the minutes specifying that the said Board would meet to consider the increase and improvement of the facilities of the Fleetwood Water District in said Town at a maximum estimated cost of $35,000.00 and to hear all persons interested in the subject thereof concerning the same at the Town Hall, on Middlebush Road, in Wappingers Falls, New York, is said Town, on Page 25 951127.RGM the 27th day of November, 1995, at 7:00 o'clock P.M., Prevailing Time; and WHEREAS, the said order duly certified by the Town Clerk was duly published and posted as required by law, to -wit: a duly certified copy thereof was published in the official newspaper of this Town on November 15, 1995, and a copy of such order was posted on November 15, 1995, on the signboard maintained by the Town Clerk of the Town of Wappinger Pursuant to Section 30, subdivision 6 of the Town Law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to increase and improve the facilities of the Fleetwood Water District of the Town of Wappinger, Dutchess County, New York, consisting of the Drilling of a new well together with necessary improvements to connect said well to the existing water distribution system, including piping and original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $35,000. Section 2. This order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Supervisor Smith VOTING Aye Councilman Ruggiero VOTING Aye Councilman Valdati VOTING Aye Councilman Incoronato VOTING Aye Councilwoman Visconti VOTING Aye The order was thereupon declared duly adopted. Page 26 951127.RGM The following resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption, seconded by Councilman Incoronato. A RESOLUTION AUTHORIZING THE ISSUANCE OF $35,000.00 SERIAL BINDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE FLEETWOOD WATER DISTRICT IN SAID TOWN. WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an order dated November 27, 1995, the Town Board of the Town of Wappinger, Dutchess County, New York, has determined it to be in the public interest to increase and improvement of the facilities of the Fleetwood Water District in said Town, at maximum estimated cost of $35,000; and WHEREAS, said capital project, as proposed, 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, which the Town Board has determined will not have a significant effect on the environment; and WHEREAS, it is now desired to authorize the financing of such capital project; and NOW, 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 the cost of the increase and improvement of the facilities of the fleetwood Water District in the Town of Wappinger, Dutchess County, New York, consisting of the drilling of a new well together with necessary improvements to connect said well to the existing water distribution system, including piping and original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $35,000, there are hereby authorized to be issued $35,000 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 the aforesaid specific object or purpose is by the issuance of the $35,000 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 Page 27 951127.RGM is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. Subject to the provisions of th 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 irrevocable pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The Receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for 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 its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of th 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 th Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial binds 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 Page 28 951127.RGM Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The 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 %w 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 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. This resolution which takes effect immediately shall be published in full in Southern Dutchess News, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81,00 of the Local Finance Law The question of the adoption to the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Smith VOTING Aye Councilman Incoronato VOTING Aye Councilman Valdati VOTING Aye Councilwoman Visconti VOTING Aye Councilman Ruggiero VOTING Aye The Resolution was thereupon declared duly adopted. COUNCILWOMAN VISCONTI moved to authorize Attorney continue with stipulation as discussed in Executive Session and if they don't accept the revised terms to proceed with Supreme Court. Seconded by Mr. Incoronato Motion Unanimously Carried At this time SUPERVISOR SMITH introduced County Legislature, Richard Lecker from the audience. Page 29 951127.RGM UNFINISHED BUSINESS COUNCILMAN VALDATI, correspondence from Jean Gunsch C.E. of DOT regarding a request he submitted to DOT for intersection warning signs and speed limit signs at Route 9D and Montclair Townhouses. As a result of the review, Ms. Gunsch informed Mr. Valdati that there was found to be an existing intersection warning sign on the northbound approach to the Townhouse access drive. Although there is not currently a sign in place on the southbound approach, records indicate that there was previously a sign at that location. Arrangements have been made to have the sign replaced by the maintenances forces as soon as their workload permits. Studies have shown that speed limits which do not reflect the actual operating conditions of a roadway have little effect on the overall travel speeds along the roadway. This is due to the fact that in the absence of enforcement the majority of motorists operate their vehicles at a speed they perceive to be appropriate rather than in compliance to speed limit signs. SUPERVISOR SMITH said she would invite representatives from the DOT to attend a Workshop to discuss this issue with the Town. NEW BUSINESS COUNCILMAN RUGGIERO on the Rockingham drainage problem. Mrs. Smith informed Mr. Ruggiero that Mr. Paggi will set up a plan and there are funds to repair the drains. COUNCILMAN RUGGIERO moved to authorize Engineer to the Town, Jay Paggi, prepare a report to repair the drains for the January 8th workshop. Seconded by Mr. Incoronato Motion Unanimously Carried COUNCILMAN RUGGIERO also moved to authorize Attorney to the Town to give opinion on the legality curfews for Halloween. Seconded by Mr. Valdati Page 30 Roll Call Vote Supervisor Smith Councilman Ruggiero Councilman Valdati Councilman Incoronato Councilwoman Visconti Vot e Aye Aye Aye Aye Nay Motion Carried 951127.RGM Mr. Foster on the Emergency Services Building, has anyone given consideration on who is going to plow it. The way the Town trucks are set up, they will have problems getting into the Parking Lots. Supervisor Smith said the Town of Wappinger will be responsible for having the Emergency Services Building plowed. She will get 3 proposals. COUNCILMAN VALDATI on the possibility of having the Town Board meetings televised. He felt that many residents don't have the time to attend the meetings, having them televised would keep them more informed on Town Matters. The Board seemed very receptive to Mr. Valdati's idea. Mrs. Smith said she will check further on having the meetings televised. COUNCILMAN VALDATI moved to have one or two meetings a year with the Village of Wappingers Falls, so we can better exchange ideas and work closer together. Seconded by Mr. Ruggiero Roll Call Vote Supervisor Smith Councilman Ruggiero Councilman Valdati Councilman Incoronato Councilwoman Visconti Vot e Nay Aye Aye Nay Nay Motion Denied One last item Mr. Foster had to discuss. The memo that he received from Ann Buckley stated that no more purchases could be made from November 15, until the end of the year, unless it is an emergency. A road sign had fallen and needed to be put up again, does that fall under emergency. Mrs. Smith felt that would be considered an emergency. She also informed Mr. Foster Page 31 951127.RGM that this is done every year. Mr. Foster replied it is done later in the year and is done with encumbrances. He has extended his 5110 Account expecting a reimbursement from SHIPS. There was no other Business to come before the Board. COUNCILMAN INCORONATO moved to close the Town Board Meeting, seconded by Mrs. Visconti. The Town Board Meeting adjourned at 9-35 P.M. Elaine H. Snowden Town Clerk W, W, Page 32