Loading...
2004-06-28 RGMMonday, June 28, 2004 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to Flag Receipt and Approval of Minutes April 26, 2004 Meeting May 10, 2004 Workshop May 24, 2004 Meeting June 9, 2004 Workshop Suspension of Rules for Public Comment on Agenda Items Correspondence Log 2004CL-094 to 2004CL-109 Public Hearing: Public Hearing on Keenan Acres Drainage District Discussions: Heart Acura Sewer Tenancy MacFarlane Road Additional Stop Sign Comptroller's Report on Highway Vehicle Purchasing Resolutions: 2004-190 Resolution Introducing Map, Plan and Report and Setting Public Hearing For the Blackwatch Subdivision 2004-213 Resolution Authorizing Supervisor to Sign Little League Contract 2004-215 Resolution of Support for Sprout Creek Bridge 2004-216 Resolution Authorizing the Town Board to Resubmit its Pending 2003 Environmental Protection Fund Grant 2004-217 Resolution Authorizing the Town Board to Submit a 2004 Environmental Protection Fund Application 2004-218 Resolution Authorizing Planning Board Members to Attend Training 2004-219 Resolution Authorizing Purchase Order for Fireworks 2004-220 Resolution Adopting the Keenan Acres Drainage District 2004-221 Resolution Authorizing Correspondence Log Unanimous Consent 2004-222 Resolution Authorizing Purchase Order for Summer Camp Art Supplies 2004-223 Resolution Authorizing Purchase Order for Schlathaus Roof Repairs 2004-224 Resolution Authorizing Purchase Order for Carnwath Farms Ornaments 2004-225 Resolution Authorizing Purchase Order for Band for Summer Concert New Business/Comments Executive Session Camwath Farms Equestrian Center Boyce Jackson Road Gas Spill Adjournment 06/28/2004.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on June 28, 2004, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Deputy Supervisor Paoloni opened the meeting at 7:30 p.m. Present: Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent Absent: Joseph Ruggiero, Supervisor RECEIPT & APPROVAL OF MINUTES The Minutes of the April 26, 2004 Meeting, May10, 2004 Workshop Meeting, May 24,2004 Meeting, and June 9,2004 Workshop having previously been forwarded to the Board Members were now placed before them for their consideration. Councilwoman McCarthy moved to accept the above stated Minutes as submitted by the Town Clerk, seconded by Councilman Valdati and unanimously carried. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Bettina moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilwoman McCarthy and unanimously carried. CORRESPONDENCE LOG 2004CL-094 TO 2004CL-109 (See Attached Sheets) PUBLIC HEARING: • Public Hearing on Keenan Acres Drainage District. DISCUSSIONS: • Heart Acura Sewer Tenancy. The owner of Heart Acura requested permission to tie into the municipal sewer system. Discussion followed. Councilman Bettina moved to authorize Attorney to the Town to send a letter to Tri -Muni Commission for formal approval, seconded by Councilman Valdati and unanimously carried. • MacFarlane Road Additional Stop Sign. Mr. Foster announced that he just received the information regarding the additional Stop Sign from Mr. Paggi tonight, and has not had time to review it, so he is requesting this item be tabled to the next Board Meeting. 06/28/2004.RGM Councilwoman McCarthy move to table this discussion to the next meeting, seconded by Councilman Bettina and unanimously carried. • Comptroller's Report on Highway Vehicle Purchase. Mr. Terwilliger went over what steps would be necessary in order to purchase new equipment which would include two dump trucks and a pickup truck. The cost would be $240,000 which would require a Bond Resolution. Councilman Valdati moved to authorize Bond Council to prepare a Resolution for the purchase of the Highway Vehicles, seconded by Councilman Bettina and unanimously carried. RESOLUTION NO. 2004-190 ORDER CALLING FOR PUBLIC HEARING ON THE ESTABLISHMENT OF THE BLACKWATCH FARMS DRAINAGE DISTRICT The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, a written Petition dated June 17, 2004, executed by Robert V. Oswald, Jr., has been presented to and filed with the Town Board of the town of Wappinger, New York, requesting the approval of a drainage district to be known as the "BLACKWATCH FARMS DRAINAGE DISTRICT"; and WHEREAS, Robert V. Oswald, Jr., is the owner of 100% of the property contained in the proposed drainage district; and WHEREAS, as the properties to be included within the BLACKWATCH FARMS DRAINAGE DISTRICT consist of those properties described in Schedule "A" attached hereto and hereby incorporated herein; and WHEREAS, a Map, Plan and Report entitled "Map, Plan and Report for the Blackwatch Farm Stormwater Maintenance District", dated May 24, 2004 and relating to the establishment of the proposed drainage district, was prepared by Paggi, Martin & DelBene, LLP, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with the Town Clerk, and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report is in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, the improvements proposed consist of the construction and maintenance of a drainage system to serve said district in accordance with certain plans incorporated in the Map, Plan and Report and which Map, Plan and Report is hereby accepted and adopted by this Town Board and is now on file in the office of the Town Clerk; and WHEREAS, it is the intention of Petitioner Robert V. Oswald, Jr. to construct said drainage system at his own expense and upon completion to transfer said drainage 4 06/28/2004.RGM system to the District, without consideration, and to pay all costs and expenses occasioned by the creation of this District; and WHEREAS, Robert V. Oswald, Jr., shall install all improvements referenced in the Map, Plan & Report and dedicate same to the District upon completion thereof; and WHEREAS, the improvements to be constructed for the BLACKWATCH FARMS DRAINAGE DISTRICT shall include, but not limited to, 5 pocket ponds and outlet structures, 13 catch basins, 1 drainage manhole, 1,509 L.F. of 15" HDPE pipe, 308 L.F. of 18" HDPE pipe, wetlands rip -rap inlet and outlet protection, and six (6) 24" HDPE driveway culverts; and WHEREAS, the maintenance of all drainage easements and incidental improvements and expenses in connection therewith is more fully described in the Map, Plan and Report hereinbefore described; and WHEREAS, following the aforementioned Petitioner's construction and dedication of the improvements to the Town, the cost of and for maintaining the District shall be assessed, levied, and collected from the several lots and parcels of land within said district in proportion as may be to the benefit which each lot and parcel of land in said district will derive there from; and WHEREAS, the Map, Plan and Report, including as estimate of costs, has been prepared in such manner and in such detail as has theretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of a proposed Drainage District of the Town of Wappinger, Dutchess County, New York, to be known as the "BLACKWATCH FARMS DRAINAGE DISTRICT"; and WHEREAS, the maximum estimated cost of said improvements to the town is $0; and WHEREAS, there are no hook-up fees proposed to the typical property in the BLACKWATCH FARS DRAINAGE DISTRICT; and WHEREAS, the estimated cost of the BLACKWATCH FARMS DRAINAGE DISTRICT for the first year budget will be approximately $4,400.00, resulting in a cost to the typical property therein, equally divided among twenty two (22) lots, of Two Hundred Dollars ($200) per lot; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year costs to the typical property in the BLACKWATCH FARMS DRAINAGE DISTRICT is contained within the aforesaid Map, Plan and Report which has been filed in the office of the town clerk where the same is available during regular office hours for examination by any person interested in the subject manner thereof; and 3 06/28/2004.RGM WHEREAS, the Town Board determines that the creation of this Drainage District is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger, and, accordingly, the Town Board hereby expressly determines That this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Park 617; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of the BLACKWATCH FARMS DRAINAGE DISTRICT, all pursuant to 193 of the Town Law. NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows. 1. Recitations Incorporated. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. Public Hearing. The Town Board hereby determines that a meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the 26th day of July, 2004 at 7:30 p.m., prevailing time, for the purpose of holding a Public Hearing to consider the establishment of the BLACKWATCH FARMS DRAINAGE DISTRICT described in the preambles hereof and to consider the Map, Plan and Report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. 3. Posting. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published one in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal, the first publication thereof to be not less that ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the signboard of the Town maintained pursuant to Subdivision t of Section 30 of the Town Law and to send by first class mail, a copy thereof to each owner of taxable real property within the proposed BLACKWATCH FARMS DRAINAGE DISTRICT, as shown upon the latest completed assessment role of the town, each not less than ten nor more than twenty days before the day set for the hearing as aforesaid. 4. This order shall take effect immediately. Joseph Ruggiero, Supervisor Voting Absent Joseph Paoloni, Deputy Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye 4 06/28/2004.RGM The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2004- 213 RESOLUTION AUTHORIZING TH EXECUTION OF THE AGREEMENTBETWEEN THE TOWN OF WAPPINGER AND THE TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Town of Wappinger Little League Association provide softball and baseball activities for the boys and girls of the community in accordance with the proposed Agreement between the Town of Wappinger and Town of Wappinger Little League Association; and WHEREAS, the Town has fully complied with its procurement policy with respect to its Eight Thousand Dollar ($8,000.00) agreement between the parties and further finds that pursuant to Town Code §46-3 (b) (3), the agreement between the parties shall be exempt from the Town procurement policy and may be properly classified as one of the "sole source situations". NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby agrees to enter into a written Agreement for Eight Thousand Dollars ($8,000.00) between the Town of Wappinger and Town of Wappinger Little League Association which will provide softball and baseball activities for the boys and girls of the community for the 2004 season. 3. Supervisor Joseph Ruggiero or Deputy Supervisor Joseph P. Paoloni is hereby authorized and directed to sign on behalf of the Town said Agreement between the Town of Wappinger and Town of Wappinger Little League Association in substantially the same form as attached hereto, including the attached Rider to Agreement. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent Joseph Paoloni, Deputy Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2004-215 RESOLUTION AUTHORIZING SUPPORT FOR IMPROVEMENT OF THE SPROUT CREEK BRIDGE Fl 06/28/2004.RGM The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, Route 82 in Dutchess County serves as a vital commercial traffic corridor connecting the Towns of Wappinger, Fishkill and East Fishkill; and WHEREAS, it has come to the attention of the Town Board of the Town of Wappinger that the bridge that crosses Sprout Creek on N.Y.S. Route 82 has a posted weight limit of 18,000 pounds which precluded its use by a variety of tandem axle tractor trailer and semi -tractor trailer combinations, including fire protection equipment, cranes, snowplows, oil delivery vehicles, dump trucks and other vital commercial traffic; and WHEREAS, as a result of the weight restrictions on Sprout Creek Bridge, traffic must be diverted from the state highway over local roads that are generally less suitable for commercial traffic; and WHEREAS, on May 18, 2004, Royal Carting Service Co., by its attorneys, corresponded with N.Y.S. Senator Stephen M. Saland, N.Y.S. Assemblyman Patrick R. Manning as well as representatives of the New York State Department of Transportation to improve the Sprout Creek Bridge to allow for vital commercial traffic exceeding the current weight limit of 18,000 pounds. A copy of said correspondence is annexed hereto and made a part hereof as Exhibit "A"; and WHEREAS, the Town of Wappinger is committed to ensuring that vital roadways within its jurisdiction are safe for commercial traffic to travel upon; and WHEREAS, the Town of Wappinger wishes to support and concur with the letter dated May 18, 2004 that was submitted on behalf of Royal Carting Service Co. in furtherance of its request to improve the Sprout Creek Bridge to support commercial, public service and safety traffic. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger in its capacity as the governing body of the Town of Wappinger, does hereby support and concur with the letter dated May 18, 2004 written on behalf of Royal Carting Service Co. seeking improvement and enhancement of the Sprout Creek Bridge in order to allow it to support commercial, public service and safety traffic. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent Joseph Paoloni, Deputy Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution was thereupon declared duly adopted. C. 06/28/2004.RGM RESOLUTION NO. 2004-216 RESOLUTION AUTHORIZING THE TOWN OF WAPPINGER TO RESUBMIT ITS PENDING 2003 ENVIRONMENTAL PROTECTION FUND GRANT APPLICATION The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, the Town Board of Wappinger will resubmit to the NYS Office of Parks, Recreation and Historic Preservation, its 2003 Environmental Protection Fund grant funds to make necessary structural preservation enhancements to Carnwath Mansion at historic Carnwath Manor for the State's consideration during the 2004 round; and WHEREAS, in addition to applying for such funds, the Town of Wappinger will provide matching funds from sources such as force account, donated labor and materials, and volunteerism, not to exceed 50% of the total project costs; and WHEREAS, the Supervisor of the Town of Wappinger has requested authorization to file a grant application to the NYS Office of Parks, Recreation and Historic Preservation for the purpose of preserving Carnwath Mansion. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Joseph Ruggiero, Supervisor of the Town of Wappinger, is hereby authorized, and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act of 1996, in an amount not to exceed $500,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Wappinger The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent Joseph Paoloni, Deputy Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2004- 217 RESOLUTION AUTHORIZING THE TOWN OF WAPPINGER TO SUBMIT A 2004 ENVIRONMENTAL PROTECTION FUND APPLICATION TO THE NYS DEPARTMENT OF STATE FOR FUNDING TO ASSIST THE DEVELOPING AND PREPARING OF LOCAL WATERFRONT 7 06/28/2004.RGM REVITALIZATION PLAN IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Town Board of Wappinger will submit to the NYS Department of State an application for 2004 Environmental Protection Fund grant funds to aid the development and preparation of a Local Waterfront Revitalization Plan; and WHEREAS, in addition to applying for such funds, the Town of Wappinger will provide matching funds from sources such as force account, donated labor and materials, and volunteerism, not to exceed 50% of the total costs; and WHEREAS, the Supervisor of the Town of Wappinger has requested authorization to file a grant application to the NYS Department of State for the purpose of developing the waterfront in the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Joseph Ruggiero, Supervisor of the Town of Wappinger, is herby authorized, and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or title 9 of the Environmental Protection act of 1993 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Wappinger. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent Joseph Paoloni, Deputy Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2004-218 RESOLUTION AUTHORIZING ZONING BOARD OF APPEAL MEMBERS TO ATTEND A TRAINING CLASS The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy WHEREAS, the Town Board wishes to authorize Howard Prager, and Gerry Dipierno, members of the Zoning Board of Appeal, to attend a class on July 15, 2004 in New Paltz, New York. NOW, THEREFORE, BE IT RESOLVED, that Howard Prager, and Gerry Dipierno, members of the Zoning Board of Appeal, are hereby authorized to attend a E*' 06/28/2004.RGM class on July 15, 2004 in New Paltz, New York, at Forty dollars a person ($40.00) at a cost not to exceed eighty and 00/100 ($80.00) for registration. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent Joseph Paoloni, Deputy Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2004-219 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR TOWN RECREATION DEPARTMENT The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Recreation Committee has requested a purchase order for fireworks for Community Day, and WHEREAS, the Recreation Committee has requested a purchase order in the amount of Two Thousand Five Hundred and 00/100 ($2,500) payable to Legion Fireworks Co. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. A purchase order is hereby authorized in the amount of Two Thousand Five - Hundred dollars and 00/100 ($2,500) payable to Legion Fireworks Co. from Account A-7550.40, in accordance with a letter dated June 14, 2004 from Ralph Holt, Recreation Chairman to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent Joseph Paoloni, Deputy Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2004- 220 ORDER ESTABLISHING KEENAN ACRES DRAINAGE DISTRICT The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, written Petitions dated April 21, 2004, executed by Mid -Hudson Holdings, LLC as well as Nicolas J. Romano and Deana Romano, owners of 100% of the Keenan Acres Subdivision ("Subdivision"), have been presented to and filed with the Town Board of the Town of Wappinger, New York requesting the approval of a 9 06/28/2004.RGM drainage district to be known as the "KEENAN ACRES DRAINAGE DISTRICT", which is more particularly described in the attached Map, Plan and Report; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Keenan Acres Stormwater Maintenance District", dated May 24, 2004 and relating to the establishment of the proposed drainage district, were prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and Map, Plan Report, has been duly filed with WHEREAS, the aforementioned and the Town Clerk and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report are in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on June 9, 2004, reciting the filing of said Map, Plan and Report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the Map, Plan and Report describing the same were on file in the Town Clerk's Office for public inspection, and stating all other matters required by law to be stated, and specifying June 28, 2004 as the date, at 7:30 in the evening of said day as the time, at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York as the place where this Town Board would meet and consider said Map, Plan and Report, and to hear all persons interested in the subject thereof, concerning the same, and to take such action therein as is required or authorized by law; and WHEREAS, such Order was duly published and posted as required by law and copies of this Order were duly mailed to Petitioners/homeowners of all properties in the proposed District, and proof of publication, posting and mailing has been duly presented to the Town Board; and WHEREAS, a public hearing on said matter was duly held by said Town Board on June 28, 2004 at 7:30 p.m. in the afternoon on said day, in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition to and the Petitioners appearing in favor of the petition; and WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Mid - Hudson Holdings, LLC, as owner, to construct the improvements set forth in the Map, Plan and Report solely at its own cost and expense. NOW, AFTER DUE DELIBERATION, IT IS HEREBY DETERMINED AND RESOLVED AS FOLLOWS: 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. The notice of public hearing was published and posted as required by law, and is otherwise sufficient. 10 06/28/2004.RGM 3. All the Petitioners/ property owners were duly mailed with the copy of the Notice of Public Hearing and proof thereof was submitted to the Town Board. 4. The Petitions presented to this Board for the establishment of the KEENAN ACRES DRAINAGE DISTRICT were signed and acknowledged as required by law and are otherwise sufficient. 5. All the property and property owners within the proposed district are benefited thereby. 6. All the property and property owners benefited thereby are included within the limits of the proposed district. 7. There will be no hook-up fees for any of the properties within the district. 8. There will be no capital costs assessed to the properties within the district for the improvements proposed to be constructed. 9. The estimated annual cost of Operation and Maintenance of the proposed improvements after three years is estimated to be $200 per Benefit Unit for a typical property within the district. 10. A detailed explanation of the improvements to be made and the estimate of Operation and Maintenance charges have been included in the Map, Plan and Report which has been filed in the Office of the Town Clerk and the same has been made available during regular office hours for examination by any person interested in the matter thereof. 11. It is in the public interest to establish the KEENAN ACRES DRAINAGE DISTRICT. BE IT FURTHER RESOLVED AND DETERMINED that the establishment of the KEENAN ACRES DRAINAGE DISTRICT in the Town of Wappinger, Dutchess County, New York, and the improvements therein, as more fully described above and in the aforementioned Map, Plan and Report is hereby approved and established and said drainage district shall be bounded and described as set forth in Exhibit "A" attached to the Petitions; and BE IT FURTHER RESOLVED AND DETERMINED that the improvements for the said drainage district as set forth in the Map, Plan and Report are to be constructed by the Petitioner, Mid -Hudson Holdings, LLC, wholly at its own expense, and Mid -Hudson Holdings, LLC has agreed to convey such improvements to the Town without cost to the Town of Wappinger and/or KEENAN ACRES DRAINAGE DISTRICT, free and clear of any encumbrances; and BE IT FURTHER RESOLVED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioner, Mid -Hudson Holdings, LLC, for any fees or expenses paid in furtherance of commissioning the preparation of the Map, Plan and Report or in the formation of this district; and 11 06/28/2004.RGM BE IT FURTHER RESOLVED AND DETERMINED that the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Order in the office of the Clerk of the County of Dutchess, which is the County in which the said Town of Wappinger is located, and another certified copy in the Office of the State Department of Audit and Control, within ten days after the adoption of this Order, pursuant to § 195 of the Town Law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Joseph Paoloni, Deputy Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Voting Absent Voting Aye Voting Aye Voting Aye Voting Aye The Resolution was thereupon declared duly adopted. `K 1-� 9- EXHIBIT "A" The proposed district shall consist of Lots No. 1 through 18, Filed Map No. 11610, Sheet 2 of 15 also titled "Subdivision Plan, Drawing No. C-1 ". The District shall include all easements as well as the portion of Deer Run Drive from Vorndan Drive west. The total area of the District is 23.81+ acres. L 06/28/2004.RGM RESOLUTION NO. 2004-221 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. BE IT RESOLVED, that letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote, which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent Joseph Paoloni, Deputy Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution is hereby duly declared adopted UNANIMOUS CONSENT: Councilman McCarthy moved to authorize the additional Resolutions to the agenda seconded by Councilman Bettina and unanimously carried. RESOLUTION NO. 2004-222 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR TOWN RECREATION TO PURCHASE ART SUPPLIES The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Recreation Committee has requested a purchase order for Art Supplies, and WHEREAS, the Recreation Committee has requested a purchase order in the amount of Two Thousand and 00/100 ($2,000.00) payable to S&S Arts and Crafts. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. A purchase order is hereby authorized in the amount of Two Thousand dollars and 00/100 ($2,000.00) payable to S&S Arts and Crafts payable from Account B-7310.4, in accordance with a letter dated June 28, 2004 from Ralph Holt, Chairman of the Recreation Committee to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent Joseph Paoloni, Deputy Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye 13 06/28/2004.RGM The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2004-223 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR TOWN RECREATION TO REPAIR ROOF AT SCHLATHAUS PARK The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina WHEREAS, the recreation committee has requested a purchase order for replacing the roof on the garage at Schlathaus Park with new shingles, and WHEREAS, the recreation Commission received bids as follows: Bracaden Construction $2025.00 O'Dell Painting $2,360.00 P.J. Exteriors, Inc. $2,400.00 WHEREAS, the Recreation Committee has requested a purchase order in the amount of Two Thousand Twenty Five and 00/100 ($2,025.00) payable to Bracaden Construction. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. A purchase order is hereby authorized in the amount of Two Thousand Twenty Five dollars and 00/100 ($2,025.00) payable to Bracaden Construction. from Account A-7110.4, in accordance with a letter dated June 28, 2004 from Ralph Holt, Recreation Chairman to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent Joseph Paoloni, Deputy Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2004-224 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR CARNWATH FARMS ORNAMENTS y The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Recreation Commission has requested to purchase Christmas ornaments to be sold as a fundraiser for Carnwath Farms, and 14 06/28/2004.RGM WHEREAS, the Recreation Commission has requested a purchase order in the amount of One Thousand, Five Hundred, Sixty-eight and 80/100 Dollars ($1,568.80) payable to Jackson Pacific. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. A purchase order is hereby authorized in the amount of One Thousand, Five Hundred, Sixty-eight and 80/100 Dollars ($1,568.80) payable to Jackson Pacific payable from Account T00098 in accordance with a letter dated June 28, 2004 from Ralph Holt, Recreation Committee Chairman, to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Absent Joseph Paoloni, Deputy Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye The Resolution was thereupon declared duly adopted. RESOLUTION NO. 2004- 225 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR BAND FOR SUMMER CONCERTS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, the Recreation Commission has requested a purchase order for the Thunder Ridge Band Scheduled to perform at Schlathaus Park on August 5, 2004, and WHEREAS, the Recreation Commission has requested a purchase order in the amount of One Thousand, One Hundred, and 00/100 Dollars ($1,100.00) payable to Dorriane Scofield. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. A purchase order is hereby authorized in the amount of One Thousand, One Hundred, and 00/100 Dollars ($1,100) payable to Dorriane Scofield payable from Account A-7140.4 in accordance with a letter dated June 24, 2004 from Ralph Holt, Recreation Committee Chairman, to the Town Board. The foregoing was put to a vote which resulted as follows: NEW BUSINESS Joseph Ruggiero, Supervisor Voting Absent Joseph Paoloni, Deputy Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye 15 06/28/2004.RGM Maureen McCarthy, Councilwoman Voting Aye The Resolution was thereupon declared duly adopted. NEW BUSINESS/COMMENTS Councilman Valdati had some concerns regarding the traffic on 9D. It is causing gridlock in certain areas. He suggested the surrounding towns form a committee to assist in alleviating the volume of traffic on Route 9D. Another item concerns the speeding on Ketcham Town Road, and he suggested that a patrol be sent there to control the speed. Wheeler Hill Road also seems to be having problems with speed again and should be patrolled also. A resident named July Allen on 9D called and said she has a berm on her property near Reese Park to discourage traffic, and its an unsightly situation and it should be replaced with something more suitable. He also had some concerns regarding lack of speed zones near Evans and Wappinger Junior High. He wished to have Mr. Roberts prepare a resolution. Councilman Bettina had some concerns regarding the replacement of the guide rails on Chelsea Road. Mr. Foster replied that the county was supposed to take care of this in June, but he will follow up. Mr. Bettina also requested the Stop sign be replaced at Booth Boulevard. Mr. Foster replied that he had ordered one. Councilwoman McCarthy requested an update on the response time of our Ambulance service. She also wished to have Mr. Paggi prepare a letter to the residents of Kendall Farms, off Old Hopewell Road, to explain why construction equipment is being stored near their property and when they can expect to see it removed. Councilman Valdati also requested Mr. Paggi to send correspondence to Mr. Wolensky on Route 9D, regarding his status in the sewer district. Councilman Paoloni wished to get an opinion on placing a right turn lane sign traveling west to Myers Corner Road, on to All Angels Hill Road going north. Mr. Foster replied that this was a county road, but if this intersection warrants it he would express the towns wish for the placement of a sign. Councilman Paoloni moved to authorize Attorney to the Town request an investigation by the County DPW for a right hand lane turn from Myers Corners Road on to All Angels Hill Road, going north, seconded by Councilman Valdati and unanimously carried Councilman Bettina wished to address the parking rights near the Chelsea Yacht Club. He was told that that the town owned it, but there are No Parking Signs placed by the Chelsea Yacht Club. Discussion followed. It was determined that the board would need a title report first, then possibly conduct a land survey to determine ownership of the property in question. 16 06/28/2004.RGM At this time, 8:30 p.m., Councilman Valdati moved to go into Executive Session to discuss Carnwath Farms Equestrian Center, Boyce, and the Jackson Road Gas Spill, seconded by Councilman Bettina, and unanimously carried. The meeting reconvened at 11:00 p.m. with all board members present with the exception of Supervisor Ruggiero. Councilman Bettina moved to close the meeting, seconded by Councilwoman McCarthy and unanimously carried. The meeting adjourned at 11:01 p.m. Gloria J. Morse Town Clerk 17 Town Board Correspondence Log Document # To From Date Received Re Agenda 2004CL - 0094 Town Clerk, Gloria Mors Denise Kelly, President of 6/11/04 Renewal of Liquor License 6/28/2004 2004CL - 0095 DC Assessors Kathy Myers RPT 5/20/04 Financial Disclosure 6/28/2004 2004CL - 0096 Town Board James Wick of Fishkill Pl 5/28/04 6/04/04 Stonykill Woods -subdivision 6/28/2004 2004CL - 0097 Gerard J. Pisanelli, Esq. Timothy Rooney 6/1/04 6/04/04 Cablevision News 6/28/2004 2004CL - 0098 Gloria Morse, Town Cler Village of Wappingers Fa 6/2/04 6/2/04 Agenda 6/28/2004 2004CL - 0099 Town Board Jennifer Florez 6/2/04 6/04/04 LL Amending Town code: 206-8 & 240-83 6/28/2004 2004CL - 0100 Town Board Babara Roberti, Secretary 5/28/04 6/02/04 Recommendation for reappointment of Howard Pra 6/28/2004 2004CL - 0101 Joseph E. Paggi Mike Tremper 5/26/04 6/02/04 Tri -Municipal meeting minutes from May 3.2004 6/28/2004 2004CL - 0102 Robert Tompkins Tatiana L.ukianof� Zonin 6/1/04 6/2/04 Rafters 6/28/2004 2004CL - 0103 Town Comptroller, Geral Joseph E. Stankavage 5/24/04 5/24/04 Wappmger Water Improvement 6/28/2004 2004CL - 0104 Town Board Ann Fairhurst 5/19/04 5/18/04 Accident Report 6/28/2004 2004CL - 0105 Micheal W. Schettino, Be Gloria Morse, Town Cler 5/18/04 5/18/04 Timber Harvesting Diddell Road Property 6/28/2004 2004CL - 0106 Town Board Carl Wolfson, Town Justi 5/17/04 5/18/04 Town Justice Report 6/28/2004 2004CL - 0107 Town Board Mid Hudson Technology 5/13/04 5/18/04 Scintilla Forum 6/28/2004 2004CL - 0108 Town Board Town Justice Carl Wolfs 5/20/04 5/24/04 Unclaimed Bail Monies 6/28/2004 2004CL - 0109 Joseph Ruggiero, Supervi Gene A. Demarco 5/19/04 5/21/04 Interest in Assessor position 6/28/2004 Thursday, June 24, 2004 Page 1 of 2 06/28/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 28, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Establishment of the Keenan Acres Drainage District. Deputy Supervisor Paoloni opened the meeting at 7:40 p.m. Present: Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Joseph Ruggiero, Supervisor The Town Clerk offered for the record, the Affidavits of Posting, Publication and mailing duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Deputy Supervisor Paoloni asked if there were any question or comments from the public. There were none. Councilman Valdati moved to close the Public Hearing, seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 7:41 pm. AFFIDAVIT OF POSTING STATE OF NEW YORK ss: COUNTY OF DUTCHESS I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York depose and say: That on the 16thday of :Tune 2004 , I caused to be posted on the official signboard maintained by me pursuant to Subdivision 6 of Section 30 of the Town Law, an order, certified by me, duly adopted by said Town Board on the 9tlday of June 2004. A true and correct copy of such order in the exact form in which the same was actually posted is attached hereto and made a part hereof. S}}ibscribed and sworn to before this i day of 2004 � � Notary Public 0 r n rk MARIA GIL9RIDE >: Notary Peti ic, State of New Yo(k Reg. No. OIG15087374 tip, Qualified in Dutchess Count► Commission Expires Nov. 3, a!) 14 \\Vsrp03\Common\Wappinger\Town Board\DRAINAGE DISTRICTS\Keenan Acres\Order Calling PH.doc Final SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET (,,IAPP 1N( ERS FALLS, NY 12'590 '590 tf It -F -F z ci c -:,if %,- i t o -F P u t:> IL 3._ � a t: z cs n Tcl WAPPIPdGER.S FALLS, , TOl.•JN P PLEASE P U . BOX 324Town Town I APPINGER`a FALLS „ N1' 12590 York, on, duly ado herewith ORDI Re Lr:t.)4wi.I not i c; e #f',:j.;j'39 At a spa Board of Dutches, `_,t.atC rwf P`dEW YORK } Town H4 t. u c ; Wappinq - - 91h day t County of PIJTC_HESS r �'Themee aaseohI up Int I, TINA i' E.ATi i , f l '• 1 )l ;? d i 1. ti' sworn, depose and PF Su s, y: that 1 sin t 1`te BOOKKEEPER o Southern cc Dutch, - .Ss Ne;(.)u.:, a weekly' nc4•JsI`'ar;,r •t• of general Rc (:::ir�r.l_Il titin Published in WAPPINGER'S� FALLS, M, COL.inty orf DUTI.HE =,, State of NEW YOR''1 ; and Al Tt thata notice, of wi)ich the annexed is a t.'tit or printed copy . was duly cub l i shed in Southern w th -9 Falls, NewYork, on the June, 2004, at 6.30 P.M. „ rvoo, a., 40 tt r, Joseph, Ruggiero embers*..r-- Bettina Paolonl McCarthy April 21, 25 Dutc-hess News C)nce on 06/16/04 Hudson HQ Nicolas J. Romano h;4 and Tiled wit Town of WI —114 quast1po thl distric is "KEENAN nlQTFIf'.T9 Sworn to before Isle this 170 day of .JL(rle, 2004 ALB 157 RP M.tditN P"EJ 1 1 C NOTARY PUBLIC, STX!E OF NEW YORK Q ,ALiFiED IN DUMIESS COUNTY #14-8240760 6W C(IMMISSION EXPIRES JUN 15( 2007 WHI:HI been 4 Holdfn Roman resent scribed in hereto and hnr.I.-. and- v„v, Report for, Stormwater I dated May 24 a tionar, o QUue@i$.bRP7 ,,,, id on th@'signboard of the tinl.tined pursuant to Sub - 6 of Section 30 of the Town I to send, by first class mail, isnot to each owner of tax �t prpptrty,wlthln,the pro= EENAWN f�ES'CRAIN-' STRIC-7 asshowmuponthe ginpfetftd'�ssessment rola ;I )wn, itch not less than ten, re than twenty days before set fpr the hearing as store,• Ord6r'al)all flake effea Im+ ;-' utdp6d; WHEREAS, the Map. Plan and Report, including an estimate of cost have been prepared In such by Mid• manner and in such detail as has ryrsll ae theretofore been determined by the Game Town Board of the Town of 9^tad to 1rd of the Wappinger, Dutchess County, Now York, relating to the establishment York Fe• of a proposed Drainage District of drainage the Town of Wappinger, Dutchess att 06 k14A�IE County, New York, to be known as the KEENAN ACRES DRAINAGE Il*_ , M0M4a . DISTRICT; and WHEREAS, the maximum esti-mated cost of said improvements ( dr qn to the Town is s0; and WHEREAS, there are no hook-up golf s J. J. lass proposed to the typical prop- ano, arty in the KEENAN ACRES 1% of the propoapd DRAINAGE DISTRICT; and WHEREAS, the estimated cost of the KEENAN ACRES DRAINAGE las fq j;lp `EER DISTRICT for the first year budget N 0. will be approximately $3,800100. ISTRIT IST de- resulting in a cost to the typical therein, equally divided attached property among eighteen (18) lots, of Two lrporitsd Hundred Dollars ($200) per lot; and Plan'and WHEREAS, a detailed explanation i4td. of the f lotions for the estimated ed fi st-year in, A In. Aa►1�a: tpistf(Qtt; costs to the typical property in the KEENAN ACRES DRAINAGE proppglo." proposs�d� ey' DISTRICT is contained within the aforesaid Map, Plan and Report spared LLP, duly'' which has been filed in the office of is ithe Stfns` e Town Clerk where the same thevil. ble during regular office 3t j tef!tlortsd hours for examination by any per- I forested in the subject man- ilas ties son ner thereof; and rlerK;` anner " WHEREAS, the town Board deter- mines that the creation of this Drain. 9Wn Board ; Map',Plan ` age District is a Type II action as defined in 6 NYCRR 617.5 and pnoa wJth = e 12 pT the ; Chapter 117 of the Code of the Town of Wappinger, and, accordingly, the a^ mento pr, Town Board hereby expressly de - termines that this action is not an n@trlgtlon rinapq syl> '. action that requires review pursu- to the provisions of the NewYork It in a000r•i, ant State Environmental Quality Re- 5,incorRGr' tAd R9 pn', view Act (SEORA) or pursuant to Chapter 117 of the Code of the Town ptarJ�rllo Mon the in; n, of Wappinger or pursuant to 6 NYCRR Part 617; and WHEREAS, it is now desired to it nii". tte91 'j 1 HOldings of 11 call a public hearing upon the guars• tion of the establishment of the sinapesys•;i a and upon', KEENAN ACRES -DRAINAGE DISTRICT, all pursuant to §209•d Said drain- ,.Town of `t of the Town Law. NOW, THEREFORE, BE IT y gq@l0er . % 1:axp Rossi'ORDERED, by the Town Board of tt(on",of this the Town of Wappinger, Dutchess by the Rets- dings, LLC: County, New York as follows: 1. Recitations Incorporated. The recitations above set forth are in lion Hold- corporated in this Order as if fully set forth and adopted herein. sttimprove- i'Mame oa to the hereby determines that meetingwn the Town Board of the Town of Ion thereof; of Wappinger, Dutchess County, Now York, shall be held at the Town Hell, vemnts'to' 20 Middlebush Road, Wappingers @„KEENAN_ RISTi$1T Fails, New York, in said Town, on oltbas�gs,.4 the 28th day of June 2004, at 7:30 s(rs,1 aY,4ale P.M., prevailmg time, for the pur- eryl)na 20 pose of holding a Public Hearing to 1"50 L$FFof consider the establishment of the Otf`VODPE KEENAN ACRES DRAINAGE iebttons„ex•_ DISTRICT described in the pre• aP Iplat and ambles hereof and to consider the I' of 28' CMP Map, Plan and Report filed in role - tion thereto, and to hear all persons snanceofall pd incidental interested in the subject matter thereof concerning the game, and ixpenses in for such other action on the part of is more fully said Town Board as may be required p, Plan and ascribed: and bylaw or shall be proper in the pre - -i— KEENAN ACRES DRAINAGE DISTRICT AFFIDAVIT OF MAILING STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) FLORENCE HANNON, being duly sworn, deposes and says: I am over the age of eighteen (18) years of age and I reside at 18 Beatty Road, Wappingers Falls, New York. On the 14thday of .Tune , 2004, I served a true copy of the annexed NOTICE OF PUBLIC HEARING by mailing a copy of same in a sealed envelope with a pre -paid postage thereon in a Post Office or official depository of the U.S. Postal Service within the Town of Wappinger, Dutchess County, New York, addressed to the last know addresses of the addressees as set forth on the attached Schedule No. 1. The last know addresses are the addresses maintained by the Town of Wappinger Sewer and Billing Department which regularly updates the addresses of property owners within the Town's various Water and Sewer Districts and/or Improvement Areas with information received from the Town Assessor's Office and with notices received from title companies and real estate attorneys in connection with the sale of real estate within the Town. Swqrn to befm me on this �'. 'eay of 2( NOTARY n ^�a A JEAM AtORBE � PeD4a. ',.� in LLf�fsmsa Co'rnfy`r'"'L -tel—r"o� Ca FLORENCE HANNON Deputy Town Clerk 06/28/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 28, 2004 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Keenan Acres Drainage. Acting Supervisor Paoloni opened the meeting at 7:40 p.m. Present: Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Absent: Joseph Ruggiero, Supervisor The Town Clerk offered for the record, the Affidavits of Posting, Publication and Mailing duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Acting Supervisor Paoloni wished to know if there were any questions or comments from the audience. There were none. Councilman Bettina moved to close the Public Hearing seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 7:41 p.m. Gloria J.�VIor e Town Clerje AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York depose and say: That on the 16thday of June 2004 , I caused to be posted on the official signboard maintained by me pursuant to Subdivision 6 of Section 30 of the Town Law, an order, certified by me, duly adopted by said Town Board on the 9tNday of June 2004. A true and correct copy of such order in the exact form in which the same was actually posted is attached hereto and made a part hereof. 0 r ��n rk S}}Ibscnbed and sworn to before this /day of 2004 MARIA GILBRIDE y Notary Pl,blic, State of New Yolk f Reg. No. OtG150$7374 tz Qualified Cou l Commission Expires iresres Nov.No3, a..i.., Notary Public 14 \\Vsrp03\Common\Wappinger\Town Board\DRAINAGE DISTRICTS\Keenan Acres\Order Calling PH.doc Final KEENAN ACRES DRAINAGE DISTRICT AFFIDAVIT OF MAILING STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) FLORENCE HANNON, being duly sworn, deposes and says: I am over the age of eighteen (18) years of age and I reside at 18 Beatty Road, Wappingers Falls, New York. On the 14thday of .Tune , 2004, I served a true copy of the annexed NOTICE OF PUBLIC HEARING by mailing a copy of same in a sealed envelope with a pre -paid postage thereon in a Post Office or official depository of the U.S. Postal Service within the Town of Wappinger, Dutchess County, New York, addressed to the last know addresses of the addressees as set forth on the attached Schedule No.l. The last know addresses are the addresses maintained by the Town of Wappinger Sewer and Billing Department which regularly updates the addresses of property owners within the Town's various Water and Sewer Districts and/or Improvement Areas with information received from the Town Assessor's Office and with notices received from title companies and real estate attorneys in connection with the sale of real estate within the Town. ISw��g�rn to d -ay of NOTARY me on this v*,p_1 2004 M A JEAN MORSE i p h1!n. e;u o! "M V4PN J_/uia,14 Co FLORENCE HANNON Deputy Town Clerk SOUTHERN DUTCHE _;c:, NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGiERS FALLS, IV`t' A -F -F z C1.a -,/ z I c3 -F P u ka 1 3C- a 1t- JL CD,n the Falls, New or In said Town, on the 28th day of June 2004, 4,E0:30 prevalling time, for the pur- pose of hoIding a Public Hearing to , consider the establishment of the KEENAN ACRES_ DRAINAGE is ICT described in the pre- { ambles hereof and to consider the Map, pian and Report filed In rela- tion thereto, and to hear all persons Interestsd'm the subject matter i thereof the same,.ad for such otheract on oil the part of L_» by law or shall be p opeb n the pre- NOTICE OF ADOPTION OF 3. Posting. The Town `Clerk is To: WAPPINGERS FALLS, TOWN �,� r� ORDER CALLING A - PUBLCHEARI G cause 'copyiofthized s Ordertobe cause a copy of this. Order to be �l_) ,f 24 PLEASE TAKE NOTICE that the Town Board of the Town of published once in the Southern, Dutchess News, the official news - I"1 N I �i I.a E O 5 F r1 L ( `� , h•I r u1� Wappinger, Dutchess County, New York, on the 9th day o( June 2004, paper of the Town, and the Pough- keepsie Journal, the first publica- duly adopted the Order published tiorr hereof to be not less than ten L ' �1Ia L n V t 1 C e #634'39 herewith calling a public hearing. ORDER CALLING PUBLIC norpore than twenty days, the;day set herein for the hearing HEARING At a special meeting of the Town as aforesaid, and said Town Clerk Ishill also cause copy thereof to t NEW 1' O R K } Board of the Town of Wappinger, Dutchess County, Newyork held at. be posted on the signboard of the Town maintained pursuant to Sub - i' Town Hall, 20 Middlebush Road, Wappingers. Falls, New York, on the division 6 of Section 30 of the Town Law and to send, by first class mail, ';, C o U n t )/ of DLI C E r ^ � T - H ! gth day of June, 2004, at 6:30 P.M. ' The meeting was called to order by a copy thereof to each owner of tax. able real property within the pro- ; Joseph Ruggiero;Supervisor, and poled KEENAN ACRES DRAIN- { I, TTf`I;,) HEATH, being C{I_!.l�' sworn, C{ upon roll being called, the follow- Ing were present: AGE DISTRICT, as shown upon the latest completed assessment role . the Town, each not less than ten` -Pose anc{ that I air, theBOOKKEEP-EIR of Southern PRESENT: Supervisor: Joseph Ruggiero of nor more than twenty days before hearing 6^1ee <� `% ilcl,Jw,�� i:,� f 1 r r �9 a n C: Y � Council Members: Robert L.Valdatl the day set for the as afore- , said. im- .l P 9_9 tt.`.) l 1 ` i e ci in I-,1 A C' P� `� c If+d�,�.F,._, FALLS,, ., Vincent F Bettina Joseph P. Paolonl 4. This Order shall take effect mediately. _ „ CC'L.lnt.'' Of RITCIiFSS;, `'tett=: O NEW �Y"�J11{ y c,. llt� Maureen a EMcCarthy ABSENT: t. ha t il'.'t L "w tw , (_r i t^ t UJ i1 1 C. i I the 11 1"I .. t-1 1:s a N, �?Ri�{itl�'7°�eSfly'tir»dee� In-- eighteen (18) lots, of Two sc- P''r 1 n t. c' d C' Ci P ' ("1 e 9 S C{ i -I .l/ ' U ' l 1 ' ^I ' CI 1 i1 S Ci Ll ( I I c Y` r among ` Hundred Dollars ($200) per lot; and '`ed WHEREAS, a detailed explanation LJ t l t C 11 r I`� tip? (",I �; o i"i C e 0 1-1 0(--,,/16/04. of the manner by which the compu- id - talions for the estimated first-year as costs to the typical property in the ,a KEENAN ACRES DRAINAGE to DISTRICT is contained within the is - --•• aforesaid Map, Plan and Report a- has been filed in office of )e- -----•-•• _. _ .,.__ • _ which the Town Clerk where the same is Is E available during regular office' S'vJn("Il tO f0t"� n� t..ill.S t�I dayQf JLJ.il4', 2004 for examination by any per- son Interested in the subject man- ,b son ner thereof; and WHEREAS, the Town Board deter- e mines that the creation of this Drain- n District is a Type II action as • P 1.1 b 1 i age defined in 6 NYCRR; 617.5 and , l Chapter 117 of the Code of the Town' 9 i a'f NOTARY PL.:LIC, STWE OF NEW YORK of Wappinger, and, accordingly, the i Q ;AL,FIED IN JIITCIIESS COUNTY terminesahatetttisact ones not an t # 14-£3240760 COMMISSION EXPIRES action that requires review pursu- tprovisions NewYbrk Quality Re -•' 154 State Environmental to view Act (SEORA) or pursuant therithe Chapter 117ofr purde suant town - Of Wappinger oa NYCRR Part 617; and , WHEREAS, it is now desired to I" call a public hearing upon the quos* ' tion of the establishment of theKEENAN ACRES NAGE o§209•d DISTRICT, all pursuanHI of the Town Law. NOW; THEREFORE, BE IT "`ORDERED, by the Town Board of, Ahe Town of Wappinger, Dutchess 'I' County, New York as follows: .1. Recitations Incorporated. The . ecitatlons above set forth are`ln- corporated In this Order as it fully set forth and ¢dgpted herein.�nr� 4 the Falls, New or In said Town, on the 28th day of June 2004, 4,E0:30 prevalling time, for the pur- pose of hoIding a Public Hearing to , consider the establishment of the KEENAN ACRES_ DRAINAGE is ICT described in the pre- { ambles hereof and to consider the Map, pian and Report filed In rela- tion thereto, and to hear all persons Interestsd'm the subject matter i thereof the same,.ad for such otheract on oil the part of L_» by law or shall be p opeb n the pre-