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2003-12-22 RGMFAX: (845)297-4558 Monday, December 22, 2003 7:30pm Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to Flag Receipt and Approval of Minutes November 10, 2003 Workshop Meeting November,20, 2003 Special Meeting November 24, 2003 Regular Meeting Suspension of Rules for Public Comment on Agenda Items Correspondence Log 2003CL-353 to 2003CL-378 Public Hearing: Construction and Improvement of Lakeside Drive in the Cedar Knolls Subdivision Discussions: Sight.Distance on Dorett Drive -Norman Payerle Zoning Board of Appeals Site Visit Payments Town Payroll -Jerry Terwilliger Resolutions: 2003-291 Resolution Accepting Correspondence Log 2003-292 Resolution Accepting Roads, Easements, Utilities, and Other Improvements ' in Connection with Section I and II of the Evergreen Subdivision 2003-293 Resolution Authorizing Cellularone and/or Cingular Wireless and/or Omnipoint Communications to Submit Application to the Town of Wappinger Planning Board for Installation of Additional Wireless Communications Cell phone Transmission Devices 2003-294 Resolution Confirming Actions Taken Persuant to Executive Order Issued, for Emergency Repairs to the Heating System at Carnwath Farms 2003-295 Resolution Authorizing Purchase Order for Robinson Lane Fencing 2003-296 Resolution Authorizing Gunderud Escrow Refund 2003-297 Resolution Authorizing Copeland Application Refund 2003-298 Resolution'Authorizing Executive Park Escrow Refund 2003-299 Resolution Authorizing Emsley Subdivision Escrow Refund 2003-300 Resolution of Good Faith to Review, Negotiate and Execute the Proposed Franchise Renewal Agreement Between Cablevision of Wappingers Falls, Inc. and the Town of Wappinger 2003-301 Resolution Authorizing Completion Change Order #3 for 99-2R Contract 6 2003-302 Resolution Authorizing Change Order For Carnwath Fuel Oil Tank Replacement 2003-303 Resolution Authorizing BAN for Snow Removal 2003-304 Resolution Authorizing Budget Transfer 2003-305 Resolution Appointing Zoning Board of Appeals Member New Business/Comments Adjournment 12/22/2003.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on December 22, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Jay Paggi, Engineer to the Town Al Roberts Attorney to the Town Graham Foster, Highway Superintendent Absent: Gloria J. Morse, Town Clerk The Supervisor asked all to join in the Pledge of Allegiance to the Flag. RECEIPT AND APPROVAL OF MINUTES The Minutes of the Workshop Meeting of November 10, 2003, Special Meeting of November 20, 2003 and Regular Meeting of November 24, 2003 having previously been forwarded to the Board Members, were now placed before them for their consideration. Councilman Paoloni moved to accept the above stated Minutes as submitted by the Town Clerk be and they are hereby approved. Seconded by Councilman Colsey Motion 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 Councilman Paoloni Motion Unanimously Carried CORRESPONDENCE LOG 2003 -CL -353 TO 2003 -CL 378 (See Attached Sheets) PUBLIC HEARING: • Construction and Improvement of Lakeside Drive in the Cedar Knolls Subdivision DISCUSSIONS: • Distance on Dorett Drive -Norman Payerle presented photos of trees he deemed dangerous to drivers. Zoning Administrator Tatiana Lukianoff explained that she investigated area and also took photos and does not see it as an issue. She felt the tree in question did not impact visibility. Graham 12/22/2003.RGM Foster informed the Board that he had trimmed the tree in question eight months ago when Mr. Payerle first questioned this. He spoke to the owner and told her he would like to trim the tree back to what he felt was the edge of Town property. He was unaware of the Zoning regulation at that time, and was guided by Highway Specifications. Mr. Payerle has stated that he disagrees with the decision of the Zoning Administrator and feels that the Zoning Administrator has failed to enforce the Zoning Code. Mr. Roberts, Attorney to the Town stated that if Mr. Payerle disagrees with the interpretation of the Zoning Administrator, he does have 60 days to appeal to the Zoning Board of Appeals to override the Zoning Administrator's determination in this matter. Discussion followed. Mr. Foster recommended a full stop sign on Dorett approaching Sabra.. Councilman Valdati moved to authorize Jay Paggi, Engineer to the Town and Graham Foster, Highway Superintendent to inspect the area in question and return with their recommendation, seconded by Councilman Colsey and unanimously carried. • Zoning Board of Appeals Site Visit Payments -Al Roberts Attorney explained that the Comptroller tried to locate the enabling resolution authorizing a per meeting stipend for board members and could not find one. He traced back payments to beyond 1990 and it appears to have commenced around 1989, but the exact origin is unknown. The Planning and Zoning Board of Appeals have been paid on a per meeting basis. Research has disclosed that every salary for every public official or public employee has to be done on an annual basis. In other words we can't do it on a per meeting basis unless we adopt a local law superceding the general provisions of Town law. The per meeting payment at this point appears to be illegal and in order to validate it we would have to adopt a local law. According to Howard Prager, whenever there was a question of enforcing the ordinance the board would go out to make sure there were no other violations. They had submitted the vouchers and that's the way they have been paid for years. Discussion followed. Councilman Bettina moved to amend Purchase Orders for the Zoning Board of Appeals to $25 per meeting and $25 per day for all site visits within that day, plus mileage, seconded by Councilman Paoloni and unanimously carried • Town Payroll- Jerry Terwilliger has suggested to bridge the gap between the old and the new budget. Discussion followed. Councilman Bettina moved to add an additional pay period to 2003, seconded by Councilman Colsey and unanimously carried. 2 12/22/2003.RGM RESOLUTION NO. 2003-291 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE The following Resolution was introduced by Councilman Bettina 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 Vote Aye Robert Valdati, Councilman Vote Aye Vincent Bettina, Councilman Vote Aye Christopher Colsey, Councilman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-292 RESOLUTION ACCEPTING ROADS, EASEMENTS, UTILITIES AND OTHER IMPROVEMENTS IN CONNECTION WITH SECTIONS I and II OF THE EVERGREEN SUBDIVISION The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, Creative Building Concepts, Inc. has previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision plat entitled "Phase 1— Final Plat, Evergreen Estates", prepared by Barger, Day & Oswald Consulting Engineers and Surveyors, dated September 2, 1992 and as may have been revised from time to time thereafter; and WHEREAS, Wolfinger Enterprises, Ltd. has previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision plat entitled "Evergreen Estates — Section II" prepared by Day, Oswald & Gillespie Consulting Engineers and Surveyors, dated June 14, 1999, and as may have been revised from time to time thereafter; and WHEREAS, the Town of Wappinger Planning Board granted final conditional subdivision approval, by Resolution dated January 5, 1995, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Map and related Contract drawings, including dedication of the roads for Evergreen Subdivision, Section I, all in accordance with 3 12/22/2003.RGM the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town; and WHEREAS, the Town of Wappinger Planning Board granted final conditional subdivision approval, by Resolution dated April 20, 1998, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Map and related Contract drawings, including dedication of the roads for Evergreen Subdivision, Section II, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town; and WHEREAS, Town Law §277 requires a developer of a subdivision to guarantee the construction, installation, and dedication of the improvements required by the Resolution of Subdivision Approval, prior to issuance of any building permits; and WHEREAS, all of the improvements required by the Resolutions of Subdivision Approval for both Evergreen Subdivision, Sections I and II have been completed; and WHEREAS, subsequent to the time the Offer of Cession and Dedication was granted to the Town of Wappinger it was determined that the proposed Road "B" (sometimes referred to as Abigail Lane) would no longer be needed or necessary as a Town road; and WHEREAS, the Town of Board has determined it is in the best interest of the citizens of the Town of Wappinger, and the residents of the Evergreen Subdivision, Sections I and II, that Evergreen Drive, together with Easements and other public improvements, made and constructed in connection with Evergreen Subdivision, Sections I and II, be accepted by the Town of Wappinger as a public road and for municipal purposes and that the Deed of Conveyance tendered with the Offer of Cession and Dedication be amended to specifically exclude Road `B" (sometimes referred to as Abigail Lane) and that said Deed of Conveyance be amended excepting Road `B" from said description in accordance with a legal description prepared by Paggi, Martin & Del Bene, LLP dated December 2, 2003, and in accordance with letter from Joseph E. Paggi, Jr., P.E., Engineer to the Town dated December 3, 2003, copies of which are affixed hereto. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger, particularly the residents of the Evergreen Subdivision, Sections I and II, to accept the roads, easements, utilities and other related improvements made and constructed in connection with said Subdivision. 12/22/2003.RGM The Town Supervisor, Joseph Ruggiero, the Engineer to the Town, Joseph E. Paggi, Jr., and the Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the deeds and easements, and any related bills of sale, recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary for such recording and/or filing. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Christopher Colsey, Councilman Aye Joseph Paoloni, Councilman Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-293 RESOLUTION AUTHORIZING CELLULARONE AND/OR CINGULAR WIRELESS AND/OR OMNIPOINT COMMUNICATIONS TO SUBMIT APPLICATION TO THE TOWN OF WAPPINGER PLANNING BOARD FOR INSTALLATION OF ADDITIONAL WIRELESS COMMUNICATIONS CELLULAR PHONE TRANSMISSION DEVICES The following Resolution was introduced by Councilman Colsey and seconded by Councilman Valdati WHEREAS, the Town of Wappinger entered into a five (5) year Lease Agreement with Dobson Cellular Systems, Inc. dated March 24, 2000 for the agreed upon sum of $18,000.00 annually with a 3% annual rental increase that commenced on March 24, 2001; and WHEREAS, pursuant to the written Lease Agreement dated March 24, 2000 and subject to Site Plan/Special Use Permit Approval granted by the Planning Board of the Town of Wappinger, Dobson Cellular Systems, Inc., as Manager and o/b/o Dutchess County Cellular Telephone Co., Inc. d/b/a CellularOne (hereinafter referred to as "CellularOne") constructed a 150 foot monopole wireless communication tower located at 14 Middlebush Road, Wappingers Falls, New York (Tax Grid No. 6157-01-353724); and WHEREAS, CellularOne has received proposals from Southwestern Bell Mobile Systems, LLC on behalf of Cingular Wireless Services, Inc. (hereinafter referred to as "Cingular") and Omnipoint Communications, Inc. on behalf of T -Mobil U.S.A., Inc. (hereinafter referred to as "Omnipoint") to utilize the 150 foot monopole wireless communication tower for the placement of additional panel antennas in order to effectuate the co -location of cellular phone transmission devices via the proposed wireless antenna facility; and WHEREAS, Cingular prepared a "RF (radio frequency) Exposure Analysis for Proposed Cingular Wireless Antenna Facility" dated November 10, 2003 in which it y 12/22/2003.RGM determined that the total power density at the proposed site would be almost negligible. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby consents to CellularOne and/or Cingular and/or Omnipoint to submit an application to the Town of Wappinger Planning Board for the placement of additional panel antennas in order to effectuate the co -location of additional wireless communication transmission devices for use by Cingular and Omnipoint, respectively, on the 150 foot monopole wireless communication tower located at 14 Middlebush Road, Wappingers Falls, New York (Tax Grid No. 6157- 01-353724). The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Nay Vincent Bettina, Councilman Aye Christopher Colsey, Councilman Aye Joseph Paoloni, Councilman Abstain The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-294 RESOLUTION CONFIRMING ACTIONS TAKEN PURSUANT TO EXECUTIVE ORDER ISSUED FOR EMERGENCY REPAIRS MADE TO THE HEATING SYSTEM AT CARNWATH MANSION The following Resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni WHEREAS, the Town of Wappinger purchased a 99 acre estate property located on Wheeler Hill Road in the Town of Wappinger, previously known as the "Greystone Estate", now known as "Carnwath Farms"; and WHEREAS, one of the primary structures on the property is the "Carnwath Mansion", a three story mansion constructed in the mid -1800s which is listed on the State and Federal Registrar of Historical Places; and WHEREAS, the Town has planned the long term rehabilitation of the Carnwath Mansion and has applied for grants to fund its restoration; and WHEREAS, the Town has previously undertaken interim repair work to the Carnwath Mansion to shore up the structure and weather-proof the building to prevent any further damage to the building; and WHEREAS, because of the interim repairs previously undertaken, the Carnwath Mansion is in reasonably sufficient condition to hold various public functions and public viewings; and WHEREAS, the Town had scheduled a Victorian Holiday party at the Carnwath Mansion for Friday, December 12, 2003 and for Saturday, December 13, 2003 at 9 12/22/2003.RGM which approximately 200 members of the public were expected to be in attendance; and WHEREAS, on Tuesday, December 9, 2003, Town Supervisor, Joseph Ruggiero, was advised that the heating system at the Carnwath Mansion had stopped functioning and that the heating technician/repairmen from Bottini Fuel Oil Corp. had stated that the system was not worth repairing; and WHEREAS, weather projections for Tuesday, December 9 through Sunday, December 14 had predicted that extremely cold weather was expected, that another snow storm was a distinct potentiality and accordingly, immediate heat was required — both to protect the building from further deterioration and damage as well as to provide heat for the Victorian Holiday party scheduled for December 12th and 13th; and WHEREAS, by Executive Order No. 2003-6, Supervisor Joseph Ruggiero had issued an Executive Order authorizing immediate replacement of the heating system serving the Carnwath Mansion and suspending the Town's procurement policy for the purposes of making such emergency replacement of the heating system — all of which is set forth in Executive Order No. 2003-6 attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. The Town Board hereby determines and confirms that a heating emergency existed with respect to the Carnwath Mansion requiring the immediate replacement of the heating system on an emergency basis. The Town Board hereby confirms the actions of the Supervisor Joseph Ruggiero in issuing Executive Order No. 2003-6, attached hereto as Exhibit "A", and suspending the Town's procurement policy and taking whatever steps were necessary to replace the heating system at Carnwath Mansion during the week of December 9, 2003. The foregoing Resolution was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Christopher Colsey, Councilman Aye Joseph Paoloni, Councilman Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-295 RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR FENCING AT ROBINSON LANE RECREATION FACILITY The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Bettina 7 12/22/2003.RGM WHEREAS, the Recreation Committee has recommended the purchase of a new fencing for the Robinson Lane Recreation Facility, and WHEREAS, the Recreation Commission received bids as follows: A-1 Fencing Company $9871 DiPiet Fence Company $14,450 Adams Fence Company No Response Mid Hudson Fence Co. No Response WHEREAS, the Recreation Committee has requested a purchase order in the amount of Nine Thousand, Eight Hundred -Seventy -One Dollars ($9,871.00) payable to A-1 Fence Company, Inc. 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 Nine Thousand, Eight Hundred -Seventy -One Dollars ($9,871.00) payable to A-1 Fence Company, Inc. from Account A-7110.4, in accordance with a letter dated October 21, 2003 from Ralph Holt, Recreation Chairman, to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Christopher Colsey, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-296 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 11 PINE HILL DRIVE The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, on or about January 23, 2003, Hans Gunderud deposited One Thousand Dollars ($1,000.00) with the Town of Wappinger for a Driveway Escrow for 11 Pine Hill Drive, and WHEREAS, Hans Gunderud has requested a refund in the amount of One Thousand Dollars and 00/100 ($1,000.00) as the work has been completed in accordance with a letter from Highway Superintendent Graham Foster dated December 2, 2003. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 12/22/2003.RGM 1. Payment is approved in the amount of One Thousand Dollars and 00/100 ($1000.00) made payable to Hans Gunderud, Account Number 01-603, for the refund of the unused driveway escrow deposited for 11 Pine Hill Drive. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-297 RESOLUTION AUTHORIZING REFUND OF APPLICATION FEE FOR 34 QUARRY DRIVE The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, on or about January 29, 2003, Bruce Copeland deposited Thirty-five Dollars ($35.00) with the Town of Wappinger for a Building Permit for an existing shed for 34 Quarry Drive, and WHEREAS, Bruce Copeland has requested a refund in the amount of Thirty-five Dollars ($35.00) as the shed has received a Certificate of Non -Conformity through Shed Amnesty. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 1. Payment is approved in the amount of Thirty-five and 00/100 Dollars ($35.00) made payable to Bruce Copeland , Account Number 2003-0093, for the refund of the building permit fee for 34 Quarry Drive. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-298 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 11 PINE HILL DRIVE The following Resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni M 12/22/2003.RGM WHEREAS, on or about April 4, 2002, Mark Ritter deposited Two Thousand Dollars ($2,000.00) with the Town of Wappinger for a site plan Escrow for Executive Park located at 1299 Route 9, and WHEREAS, Mark Ritter has requested a refund in the amount of One Thousand Eight Hundred Fifty-four Dollars and 10/100 ($1,854.10) as the work has been completed in accordance with a letter from Zoning Administrator, Tatiana Lukianoff dated December 9, 2003. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 1. Payment is approved in the amount of One Thousand Eight Hundred, Fifty- four Dollars and 10/100 ($1,854.10) made payable to Mark Ritter, Account Number 00-3037, for the refund of the unused site plan escrow deposited for Executive Park located at 1299 Route 9. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-299 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR THE EMSLEY SUBDIVISION SECTION II The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, on or about March 1, 2001, Beverly Emsley deposited Two Thousand Dollars ($2,000.00) with the Town of Wappinger for a Subdivision Escrow for the Emsley Subdivision Section II at Route 376 and Airport Drive, and WHEREAS, Kathleen Neave has requested a refund in the amount of One Thousand Six Hundred, Seventy -Two Dollars and 50/100 ($1,672.50) as the work has been completed. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 1. Payment is approved in the amount of One Thousand Six Hundred, Seventy —two and 50/100 ($1,672.50) made payable to William and Kathleen Neave, Account Number 01-3039, for the refund of the unused escrow deposited for the Emsley Subdivision. The foregoing was put to a vote which resulted as follows: 10 12/22/2003.RGM Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-300 RESOLUTION OF GOOD FAITH TO REVIEW, NEGOTIATE AND EXECUTE THE PROPOSED FRANCHISE RENEWAL AGREEMENT BETWEEN CABLEVISION OF WAPPINGERS FALLS, INC. AND THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Valdati and seconded by Councilman Colsey WHEREAS, the Town of Wappinger and Cablevision of Wappingers Falls, Inc. (hereinafter referred to as "Cablevision") previously entered into a Franchise Agreement on August 12, 1993 to provide cable television services to the residents of the Town of Wappinger; and WHEREAS, the aforementioned Franchise Agreement between Cablevision of Wappingers Falls, Inc. and the Town of Wappinger has not to date been renegotiated or executed and as a result expired on August 12, 2003; and WHEREAS, the Town Board conducted a Public Hearing on December 8, 2003 at Town Hall at 7:30 p.m. to get public input on the restoration of local news programming at a cost per subscriber of $0.58 per month; and WHEREAS, the Public Hearing was opened and concluded on December 8, 2003; and WHEREAS, Cablevision submitted a Memorandum of Understanding more precisely defining the terms and conditions under which local news programming will be restored to the local programming channel; and WHEREAS, by Resolution No. 2003-291 dated December 8, 2003, the Town Board objected to one of the conditions contained in the Memorandum of Understanding that the Town of Wappinger will cause the proposed Franchise Renewal Agreement between the Town and Cablevision to be negotiated and executed by December 31, 2003; and WHEREAS, the Town of Wappinger seeks to act in good faith in furtherance of its review, negotiation and execution of the proposed Franchise Agreement between Cablevision of Wappingers Falls, Inc. and the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 11 12/22/2003.RGM The Town Board hereby declares that it will endeavor to act in good faith to review, negotiate and execute a Franchise Renewal Agreement between Cablevision of Wappingers Falls, Inc. and the Town of Wappinger no later than February 28, 2004. The foregoing Resolution was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman The Resolution is hereby duly declared adopted Aye Aye Aye Aye Aye RESOLUTION NO. 2003-300 RESOLUTION OF GOOD FAITH TO REVIEW, NEGOTIATE AND EXECUTE THE PROPOSED FRANCHISE RENEWAL AGREEMENT BETWEEN CABLEVISION OF WAPPINGERS FALLS, INC. AND THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Valdati and Seconded by Councilman Colsey. WHEREAS, the Town of Wappinger and Cablevision of Wappingers Falls, Inc. (hereinafter referred to as "Cablevision") previously entered into a Franchise Agreement on August 12, 1993 to provide cable television services to the residents of the Town of Wappinger; and WHEREAS, the aforementioned Franchise Agreement between Cablevision of Wappingers Falls, Inc. and the Town of Wappinger has not to date been renegotiated or executed and as a result expired on August 12, 2003; and WHEREAS, the Town Board conducted a Public Hearing on December 8, 2003 at Town Hall at 7:30 p.m. to get public input on the restoration of local news programming at a cost per subscriber of $0.58 per month; and WHEREAS, the Public Hearing was opened and concluded on December 8, 2003; and WHEREAS, Cablevision submitted a Memorandum of Understanding more precisely defining the terms and conditions under which local news programming will be restored to the local programming channel; and WHEREAS, by Resolution no. 2003-291 dated December 8, 2003, the town Board objected to one of the conditions contained in the Memorandum of Understanding that the Town of Wappinger will cause the proposed Franchise Renewal Agreement between the Town and Cablevision to be negotiated and executed by December 31, 2003; and WHEREAS, the Town of Wappinger seeks to act in good faith in furtherance of its review, negotiation and execution of the proposed Franchise Agreement between Cablevision of Wappingers Falls, Inc. and the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, as follows: 12 12/22/2003.RGM 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. The Town Board hereby declares that it will endeavor to act in good faith to review, negotiate and executed a Franchise Renewal Agreement between Cablevision of Wappingers Falls, Inc. and the Town of Wappinger no later than February 28, 2004. The foregoing Resolution was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Christopher Colsey, Councilman Aye Joseph Paoloni, Councilman Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-301 RESOLUTION AUTHORIZING COMPLETION CHANGE ORDER NO.3 FOR 99-2R CONTRACT NO.6 The following resolution was introduced by Councilman Colsey an seconded by Councilman Bettina. WHEREAS, the Engineers to the Town, Paggi, Martin & DelBene have approved Completion Change Order No. 3 for Wappinger Water Improvement Area 1999-2R as per a letter dated December 16, 2003, a copy of which is attached hereto. 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 approves completion change order No. 3 dated December 16, 2003 to Wappinger Water Improvement Area -1999-2R, Contract No. 6 between the Town and Grant Street Construction in the amount of Fifty-five Thousand, four Hundred, Seventeen and 29/100 ($55,417.29) for the reasons set forth in the letter dated December 16, 2003 from Charles DelBene of Paggi, Martin & DelBene to the Town Board. The foregoing Resolution was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Christopher Colsey, Councilman Aye Joseph Paoloni, Councilman Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-302 RESOLUTION AUTHORIZING COMPLETION CHANGE ORDER FOR CAR,NWATH FARMS OIL TANK REPLACEMENT The following Resolution was introduce by Councilman Colsey and seconded by Councilman Paoloni. 13 12/22/2003.RGM WHEREAS, the Engineers to the Town, Fellenzer Engineering have approved a Change Order for Carnwath Farms Fuel Oil Tank as per a letter dated November 6, 2003, a copy of which is attached hereto. 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 approves a change order dated November 6, 2003 for the Carnwath Farms Fuel Oil Tank between the town and L&O Mechanical Contractors in the amount of Seven Thousand, One Hundred, Forty-five and 00/100 ($7,145.00) for the reasons set forth in the letter dated November 6, 2003 from Eric Fellenzer Engineering to the Town Board The foregoing Resolution was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Christopher Colsey, Councilman Aye Joseph Paoloni, Councilman Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-303 RESOLUTION AUTHORIZING ISSUANCE OF $100,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF EXTRAORDINARY EXPENSES INCURRED FOR THE REMOVAL OF SNOW AND ICE FROM THE PUBLIC THOROUGHFARES AND PUBLIC PLACES OF SAID TOWN DURING THE FIRST SIX MONTHS OF 2003 The following resolution was offered by Councilman Bettina who moved its adoption, seconded by Councilman Paoloni, to -wit: WHEREAS, it is now desired to authorize the financing of such capital project; 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 extraordinary expenses incurred for the removal of snow and ice from the public thoroughfares and public places of the Town of Wappinger, Dutchess County, New York, during the first six months of 2003, as extraordinary expenses are defined in Section 26.00(a)(1) of the Local Finance Law, including incidental expenses in connection therewith, there are hereby authorized to be issued $100,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law and, specifically, Section 26.00 of the Local Finance Law, Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $100,000, and the plan for the financing thereof shall be by the issuance of the $100,000 serial bonds authorized to be issued pursuant to this bond resolution. 14 12/22/2003.RGM Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 1 of paragraph b of Section 26.00 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 the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such 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. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Wappinger, Dutchess County, New York, by the manual 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 he shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, he 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 15 12/22/2003.RGM for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if - 1) £1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution, which takes effect immediately, shall be published in full in The Poughkeepsie Journal and the Southern Dutchess News, the official newspapers, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The foregoing Resolution was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Christopher Colsey, Councilman Aye Joseph Paoloni, Councilman Aye The Resolution is hereby duly declared adopted 16 12/22/2003.RGM RESOLUTION NO. 2003-304 RESOLUTION AUTHORIZING BUDGET AMENDMENTS Councilman Bettina moved to adopt the following Resolution authorizing the Town Comptroller to make adjustments as necessary to balance the year end budget seconded by Councilman Valdati. WHEREAS, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain budget transfers hereby amending the Town Budget as set forth in a letter dated December 22, 2003 from Gerald A. Terwilliger, Comptroller, to the Supervisor and town Board Members. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth an adopted herein. 2. The Town Board hereby authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year 2004: :MfgJe11 �1 _ _ _�� Decrease A1110.100 Justice Court/P.S. $2,000 Increase A1315.100 Comptroller/P.S. 200 Decrease A1450.100 Elections 500 Increase A1355.100 Assessors/P.S. 700 Decrease A3510.100 Dog Warden/P.S. 2,000 Decrease A7140.100 Playgrounds & Rec/P.S. 1,500 Decrease A7620.100 Sr. Citizen Director/P.S. 3,000 Increase A1220.100 Supervisor/P.S. 2,000 Increase A1220.199 Supervisor/P.S.C.T. 6,000 Decrease A1315.199 Comptroller/P.S./C.T. 200 Increase A1330.199 Tax Collection/P.S./C.T. 1,000 Decrease A1355.199 Assessor/P.S./C.T. 700 Increase A1410.100 Town Clerk/P.S. 1,010 Decrease A1410.199 Town Clerk/P.S./C.T. 1,010 Decrease A1620.100 Building/P.S./Janit 1,500 Increase A1330.100 Tax Collection/P.S. 1,500 Increase A1330.400 Tax Collection/C.E. 100 Increase A1670.40 Central Printing & Mailing 1,500 Decrease A1620.410 Telephone 1,600 Decrease A1355.200 Tax Collection Equipment 700 Decrease A1450.200 Board of Elections Equipment 1,800 Increase A1110.200 Justice Court Equipment 2,500 AMENDMENT Increase A1090 Int. & Penalties Real Prop Tax $5,000 Increase A2680 Insurance Recoveries 5,000 Increase A3060 Records Management 8,504 Increase A3005 Mortgage Tax 12,050 Increase A1110.100 Justice Court/P.S. 1,425 Increase A1220.100 Supervisor/P.S. 569 Increase A1315.100 Comptroller/P.S. 200 Increase A1330.100 Tax Collector/P.S. 770 Increase A1355.100 Assessor/P.S. 10,000 Increase A1410.100 Town Clerk/P.S. 865 Increase A7020.100 Culture/Recreation/Adm./P.S. 500 17 12/22/2003.RGM Increase A7110.100 Parks/P.S. 975 Increase A7620.100 Senior Citizen Director/P.S. 600 Increase A1410.110 Town Clerk Records Clerk 600 Increase A1410.198 Town Clerk Records Consult. 1,850 Increase A1410.410 Town Clerk Records Mgt/Suppl. 1,600 Increase A1420.400 Town Attorney 6,000 Increase A1440.40 Engineer 2,200 B FUND -- TRANSFERS Decrease B8160.100 Refuse & Garbage/P.S. $2,850 Decrease B8160.100 Refuse & Garbage/P.S. 4,850 Increase B3410.100 Fire Inspector 500 Increase B3410.199 Fire Inspector/P.S./C.T. 7,200 Decrease B3120.100 Vandalism Patrol/C.E. 1,000 Decrease B7310.100 Youth Programs/P.S. 3,000 Increase B8015.199 Zoning Dept./C.T. 4,000 Decrease B8015.400 Zoning Dept./C.E. 200 Increase B8015.401 Zoning Dept. Vehicle Gas 200 Decrease B8160.40 Refuse & Garbage/C/E. 8,000 Increase B8162.400 Recycle/ C.E. 8,000 Increase B9030.80 Social Security 1,050 Increase B9035.800 Medicare 500 Increase B9040.80 Workers Compensation 185 Increase B9045.80 Life Insurance 100 Increase B9060.80 Hospital & Medical Ins. 1,600 Decrease B9050.800 Unemployment Insurance 3,435 Increase B3410.401 Fire Inspector Vehicle Gas 250 Increase B3410.403 Fire Inspector Telephone 100 Increase B3620.200 Building Dept/Equipment 400 Increase B3620.400 Building Dept./C.E. 700 Increase B3620.401 Building —Vehicle Gas 300 Increase B3620.403 Building — Telephone 500 Decrease B3620.402 Building — Vehicle Repairs 300 Decrease B5182.400 Street Lighting 700 Decrease B8015.200 Zoning Dept. Equipment 400 Decrease B8020.200 Planning Dept. Equipment 850 AMENDMENTS Decrease B2401 Interest and Earnings $8,200 Increase B2590 Building Permits 8,200 Increase B2110 Zoning Fees 1,500 Increase B2112 Zoning Board of Appeals 1,000 Decrease B2130 Refuse & Garbage Charges 2,500 Increase B2115 Planning Board Fees 15,000 Increase B2590 Building Permits 20,000 Increase B1420.400 Attorney 5,000 Increase B1420.450 Fiscal Advisor 1,000 Increase B1440.400 Engineer 9,000 Increase B3120.400 Vandalism Patrol/C.E. 10,000 Increase B3410.100 Fire Inspector 600 Increase B3620.100 Building Dept./P.S. 1,450 Increase B8015.100 Zoning Dept./P.S. 2,000 Increase B8015.199 Zoning Dept./P.S./C.T. 500 Increase B8020.100 Planning Dept./P.S. 450 Increase B8162.400 Recycle/C.E. 5,000 HIGHWAY FUND — AMENDMENTS F, r Increase DB5110.100 General Repairs/P.S. Decrease DB5110.400 Contingent Account Increase DB5130.400 Machinery/C/E. — Parts Increase DB5142.100 Snow Removal Town Highways Decrease DB5142.400 Snow Removal T/Hwys/C.E. Salt Increase DB9030.80 Social Security Increase DB9035.800 Medicare Decrease DB9040.800 Workers Compensation Decrease DB9045.800 Life Insurance Increase DB9060.800 Hospital & Medical Ins. Decrease DB9730.700 B.A.N. Interest 12/22/2003.RGM 15,000 15,000 4,000 1,600 5,600 600 300 300 600 1,200 1,200 The foregoing Resolution was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Christopher Colsey, Councilman Aye Joseph Paoloni, Councilman Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-305 RESOLUTION APPOINTING ZONING BOARD MEMBER The following resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, the Town Board of the town of Wappinger has conducted interviews for the purpose of appointing a MEMBER OF THE ZONING BOARD OF APPEALS and; WHEREAS, the Wappinger Town Board has found Tom DellaCorte to be the individual capable of performing the duties of MEMBER OF ZONING BOARD OF APPEALS. NOW, THEREFORE, BE IT RESOLVED, that Tome DellaCorte hereby is appointed as the Town of Wappinger Zoning Board of Appeals Member. The foregoing Resolution was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Aye Robert Valdati, Councilman Aye Vincent Bettina, Councilman Aye Christopher Colsey, Councilman Aye Joseph Paoloni, Councilman Aye The Resolution is hereby duly declared adopted NEW BUSINESS/COMMENTS Supervisor Ruggiero wished to thank Chris Colsey for the great job he has performed as a member of the Town Board. " As you all know Chris will be stepping down as of January 1st. He has been a great asset to the Board." Councilman Bettina made a motion that this Board and future Boards recognize contributions for time served by Town Board members, Zoning Board members, Planning Board members and Recreation members, seconded by Councilman Colsey and unanimously carried. 19 12/22/2003.RGM There was no other business to come before the Board. Councilman Bettina moved to close the Town Board Meeting, seconded by Councilman Paoloni and unanimously carried. The meeting closed at 9:42 p.m. �Z2q-&A G Florence Hannon Deputy Town Clerk 20 Town Board Correspondence Log Document # To From Date Received Re Agenda 2003CL - 0366 Joseph Ruggiero, Supervi William Steinhaus, Court 10/30/03 11/12/03 Hard Work on the Waterfront Pays Off, Says Coun 12/22/2003 2003CL - 0354 Joseph Ruggiero, Supervi Heather L. Kitchen, Town 11/12/03 11/14/03 Town Justice Case report for the month of Oct. 200 12/22/2003 2003CL - 0355 Graham Foster, Highway Eileen Claire Sassman 11/9/03 11/12/03 Correcting spelling of Major McDonald Way 12/22/2003 2003CL - 0356 Joseph Ruggiero, Supervi Senator Charles Schumer 11/11/03 11/17/03 Computer Security 12/22/2003 2003CL - 0357 Gloria Morse, Town Cler Ronald C. Blasws, JR Va 11/7/03 11/17/03 Chapter 150 Zoning 12/22/2003 2003CL - 0358 Joseph Ruggiero, Supervi Patricia Maupin, Tax Rec 11/12/03 Monthly Report 12/22/2003 2003CL - 0359 Tatiana Lukianoff, Zonin Mr. Norman Payerle 11/12/03 11/12/03 Re: Visibility at intersection of Sabra and Dorett L 12/22/2003 2003CL - 0360 Town Comptroller, Geral Charles Del Bene, Jr. 11/12/03 11/17/03 Wappinger Water Improvements 99-2R, Contract 12/22/2003 2003CL - 0361 Joseph Ruggiero, Supervi Carl S. Wolfson, Town Ju 11/10/03 11/12/03 Town Justice Report 12/22/2003 2003CL - 0362 Joseph Ruggiero, Supervi Joseph E. Paggie, Jr. 11/6/03 11/12/03 RSS/Osborne Hill Road 12/22/2003 2003CL - 0363 Joseph Ruggiero, Supervi William R. Steinhaus, Co 10/31/03 11/12/03 Steinhaus Calls for "Friendlier" Train Station 12/22/2003 2003CL - 0353 Joseph Ruggiero, Supervi Linda Hannigan C.P.A 10/24/03 11/17/03 Town of Wappinger implementing the provisions f 12/22/2003 2003CL - 0365 Mr. Richard Cantor, Teah Tatiana Lukianoff, Zonin 11/7/03 11/12/03 Raspler Fine Homes (Old Hopewell Acres) 12/22/2003 2003CL - 0378 Joseph Ruggiero, Supervi Children Services Council 12/1/03 12/1/03 Children Services Newsletter 12/22/2003 2003CL - 0367 Joseph Ruggiero, Supervi Recreation Comm 10/15/03 11/12/03 Committee meeting minutes on 10/15/03 12/22/2003 2003CL - 0368 Joseph Ruggiero, Supervi George Kolb, Building In 11/05/03 11/05/03 Building Inspectds Report for the month of Octobe 12/22/2003 2003CL - 0369 Mr. Philip Asper of 770 Norman Pendelton, Senio 11/10/03 11/12/03 In reference to Water Supply 12/22/2003 Thursday, December 18, 2003 Page 1 or 2 Document # To From Date Received Re Agenda 2003CL - 0370 Joseph Ruggiero, Supervi Tri Muni 12/1/03 12/1/03 Tri Muni Sewer Plant Daily Flows 12/22/2003 2003CL - 0371 Harold Glassberg Peter J. Marlow, P.E. 12/3/03 12/10/03 Hark Plaza. 2 Public Water Supply System 12/22/2003 2003CL - 0372 Lee W. Bums, General M Peter J. Marlow, P.E. Seni 12/4/03 12/10/03 Wappingers Falls Toyota and Subaru Public Water 2003CL - 0373 Town Comptroller, Geral Joseph E. Stankavage 11/18/03 11/20/03 Wappinger Water Improvement 12/22/2003 2003CL - 0374 Joseph Ruggiero, Supervi Roger Connor, Cablevisi 11/21/03, 11/21/03 Letter in regards to Pricing Structure 12/22/2003 2003CL - 0375 Joseph Ruggiero, Supervi Albert Roberts, Town Att 12/1/03 12/05/03 Absolute Property Management (Wildwood Subdi 12/22/2003 2003CL - 0376 Joseph Ruggiero, Supervi George Kolb, Building In 12/02/03 12/05/03 Building Inspector's Report for the Month of Nove 12/22/2003 2003CL - 0377 Joseph Ruggiero, Supervi Heather Kitchen, Town Ju 12/2/03 12/05/03 Town Justice Report for November 2003 12/22/2003 2003CL - 0364 Joseph Ruggiero, Supervi Senator Charles Schumer 11/3/03 11/12/03 Domestic Violence issues 12/22/2003 Page 2 of 2 Thursday, December 18, 2003 12/22/2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on December 22, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York in respect to the construction and improvement of Lakeside Drive in the Cedar Knolls Subdivision in the Town of Wappinger Supervisor Ruggiero opened the meeting at 7:55 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent Absent: Gloria J. Morse, Town Clerk The Deputy Town Clerk offered for the record, the Affidavit of Posting Publication and Mailing duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Jay Paggi, Engineer to the Town explained that the preliminary cost estimate to upgrade Lakeview Drive would cost $470,000 plus $65,000 for unforeseen expenses such as acquisition of property, additional legal fees and possibly any land. If the town would entertain this proposal and if the residents were to agree, it would be paid for by the issuance of Serial Bonds paid for by the town and the 20 residents that border the road and it would be in your January tax bill. The Bond would be for a term of 15 years. The annual debt service for interest and principal to repay this bond would be about $48,750. If in fact this amount was paid for by the 20 residents it would work out to a yearly capital charge of $2,438 per resident. If this were to go through, the Town Board would establish a benefit formula for each of properties. This meeting has been called to get input from the public as early on in the process as possible. If there is a positive outcome from tonight's meeting, the board would have to go through another series of legal documents and meetings to authorize his firm to prepare a more detailed and precise estimate of the dollars necessary to complete the work. Al Roberts, Attorney to the Town explained that at the conclusion of the Public Hearing, which will not be tonight because of technical reasons, the Town Board will then have to adopt another resolution authorizing the Engineer to undertake these preliminary studies. That resolution which the Town Board would next adopt is subject to a permissive referendum of the property owners in 1 0 12/22/2003.PH your development. If some of the property owners chose to challenge the process then they could circulate a petition and would need 3 property owners at the least to force the petition. In that case it would be subject a vote of the property owners, and after the vote, the Town Board could them proceed. Jay Paggi explained this is based on a 50 foot right-of-way and an 18 foot road, with a cul-de-sac at the end. If there is a positive outcome at tonight's meeting we will further define the parameters of the road improvement and input from the public. If we get to the next step we would have to let the people know what pillars and trees would have to be removed. At this time Supervisor Ruggiero announced that he would open up the forum for input from the public. Amelia Sweetland of 25 Lakeside Drive announced that at this point they have 11 of 14 property owners who have agreed to go to the next step. Again, the road concerns are the difficulty with emergency vehicles coming on to the properties, and the inability to maintain the roads at acceptable levels. During the snow storm in December snow plowing the road was the worst in town. There are many pot holes. Times have changed since this area was developed. This was a vacation community and we currently have 2 out of 14 residence that use these homes as vacation property. The majority are in it for investments. There are 4 people who rent out their property to others. The rest of us living on these properties as families. Cars have increased to approximately 3 per household and no one wants to contribute to road maintenance. It has discouraged potential buyers. We have come to a point where the town needs to take over the road. Eric Nelson of 16 Lakeside Road had some brief comments. His parents bought 16 Lakeside Drive in 1944 and it was his mothers home until a year ago. All of the owners have maintained the roads. It was strictly voluntary. They had the road paved for the first time for a one time assessment around 15 years ago. Its now in need of repaving and that's the reason most of us are here tonight. We have considered and discussed alternatives during the past year and settled on an option which was suggested and submitted by petition form last September. This option involved the Town bonding and contracting for improvement and maintenance, with the bond retirement and maintenance being paid for to increase taxes on all the abutters. There are 14 owners of the 20 properties. In addition the title to the road is supposed to remain in the hands of the property owners. Those are the conditions of the petition that was submitted. There were three reason to selecting this option. Some of the owners are very positive that three of the current abutters are not paying the voluntary $50 a year maintenance, and probably would not contribute to the need of repaving. This argues for making 12/22/2003.PH maintenance impossible. The cost to repave the road is considerably higher than it was 15 years ago. They have estimates and bids in hand from $41,000 to $127,000 and some of the owners believe paying off the repaving Bond with taxes is preferable to direct assessment even though the cost is considerably higher. The third reason for selecting the option they selected, Lakeside Road is about 4 miles long and currently a dead end road. It has little traffic except for owners and tenants. The number of the homes and structures are situated in relation to the 12 foot wide paving. A large part of the front yards and structures such as garages and wells are on the right of way. This summer we considered turning the right of way over to the town as one of the options and that option was rejected partly because of the impact of these owners. There were other concerns as well, such as the possibility of the town converting the road to a thru road. One of the other options considered was to upgrade, repave and maintain the road as in the past. He is in favor of that. He is strongly against turning the road over to the town, paying off a town bond through taxes and sees no improvement to be gained from town maintenance. The cost of dividing repaving $41,000 or $127,000 can be financed by the owners at much less cost than retiring a bond on the order of $500,000 even if the interest on that bond was very low. He currently pays $1,600 in taxes and that would more than double over the period of 15 years to pay off the bond and would be total of $26,000 additional taxes over that 15 year period. The cost to repave and maintain ourselves would be less than half that amount. The Town Board is required to do what is best for the town, and if that dictates making Lakeside Drive a thru access to Woodhill Green Condo, or directed to Route 9 or significantly widening the road, they should do that if it would benefit the town. He would like the Cedar Knolls improvement association maintain control over the right of way and its maintenance. He thinks this would be wasteful and detrimental to the owners to continue with a town initiated process of taking Lakeside Drive, but if the commissioners vote to do that he respectfully asks that a referendum be accomplished before a final decision to proceed is made. Ray Menconeri of 24 Lakeside Drive in Cedar Knolls Subdivision was mainly concerned if the town went forward with the project there would be a problem with the wells and septic tanks. If the road was put in he would not want to see it done and not have lines for water and sewer installed at this time. Mr. Paggi answered that the figures he gave out tonight were for road construction only, and did not include placing drives, sewer and or dry water lines under the newly paved way. That would be an additional cost. Mrs. Danko owner of 21 Lakeside Drive was concerned that the owners who have 3 12/22/2003.PH structures on the right of way will definitely be adversely affected by the widening of the road and in a very unfair way. If we are not going to look ahead to consider water and sewer then breaking up that road and taking out a half million dollar bond is foolish. Supervisor Ruggiero reiterated, that this was not a Town Board initiated project. This was brought to us by the residents with a petition. Because of the legalities of what the petition suggested, we took action at the last meeting to call for this meeting as part of the legal procedure to go forward to perform the study. We plan on having a referendum on this because the voters, residents and taxpayers of this small street have to pay for this. If it passes we will go forward, and if it is defeated, it will stop. It is strictly up to the 21 parcels to decide this. Mr. Paggi said if it is the intent to go to a referendum the board can't authorize him to perform the detailed study until the results of the referendum come in. Mr. Roberts explained that a referendum would authorize a study to go forward. Ann Marie Sweetland said her only concern is that many of the residents were anticipating some kind of study. Supervisor Ruggiero said some minor engineering work can be done to educate these residents in making this decision. The next step would be a detailed survey and the design of the roadway. Mr. Roberts explained the statute is designed to a desk top review of an area that's in need of a road improvement and then turn it over to the Engineer to come up with detailed drawings and specifications so that the residents can make an informed decision. There is a lot of work to be done. Mr. Roberts drove on the road several weeks ago, and from an Attorneys point of view there is a lot of technical work to be done aside from technical the Engineer must do. It would appear to him that we have to propose a top side figure of $565,000 or what ever the number is and then have the Engineer do all the work that is going to be necessary to give you the informed decision. Right now this comes out of the General Town Budget as opposed to the property owners that would benefit. Just doing a survey or topol does not solve all the issues. The road would have to be dedicated to the town. Also if the road is going to be less than 50 feet we have to get a waiver from the commissioner of transportation. If the road is going to be less than town standards, Mr. Paggi is going to have to develop a new protocol for this type of a road There were no further questions or comments. Supervisor Ruggiero moved to adjourn this Public Hearing to Time and Date Certain, January 26, 2004, seconded by Councilman Paoloni and unanimously carried.. The Public Hearing adjourned at 8:40 p.m. ►I 12/22/2003.PH Florence Hannon Deputy Town Clerk 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 8th day of -December, 2003, I caused to be posted on the official signboard maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of Public Hearing, which Notice is part of a resolution and order duly adopted by the Town Board on the 24th day of November, 2003. A true and correct copy of such Notice is attached hereto and made a part hereof. e 4qTown Clerk Subscribed and sworn to before me this day ofkezr-.Ai; 2003. Notary Public ROBIN D. SECOR Notary Public, State of New York Residing in Duchess County Registration # 01SEM302 pay Commission Expkes April 17,20 CONSTRUCTION & IMPROVEMENT OF LAKESIDE DRIVE 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 81h day of December, 2003, 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. 4�f-�� FLORENCE HANNON Deputy Town Clerk Sworn to bef ry me o this day of �3 v NOTARY PUB] G(O ! 6 AI I 1 ."SE y4761080 Umni. Expires Aug. 31, 1'7 1 IJ -F r NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, 6=Dutchess County, New York has adopted the following Resolution' and Order Calling a Public Hearing for De - c) f j\1 2 comber 22, 2003, with respect to the construction and improvement of Lakeside Drive in the Cedar Knolls Sub• division in the Town of Wappinger, f I'd IT Dutchess County, New York, as follows: RESOLUTION NO. 2003-277 020282-00346P At a regular meeting of the Town Board t I "I I of the Town of Wappinger, Dutchess County, New York, held at the Town Hall, f 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the JI I v v 24th day of November, 2003 at 7:30 V C1 f 1 1)PRESENT 1 f'i O'clock P.M., Prevailing Time' Joseph Ruggiero, Supervisor Robert VaIdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman -D I I t I t. Joseph Paoloni, Councilman ORDER CALLING PUBLIC HEARING ......................................... X In the Matter • Of the Construction and Improvement of Lakeside Drive in the Cedar Knolls Subdivision in the Town otWappinger, Dutchess County, New York ......... .... .. .. .. ....... _X Councilman Bettina offered the follow - Ing resolution and moved its adoption: WHEREAS, an infOrmalPetRionot land- owners abutting Lakeside Drive in the Cedar Knolls Subdivision has been pre- pared with reference to Section 200 of the Town Law has heretofore been sub. ALBERT M- O$Teh mitted to the Town Board of the Town of Wappinger, Dutchess County, New NOTARY PUBLIC, STAVE OF NEW YORK York, relative to the construction and improvement of a certain private road in QUALIFIED IN 91ITCHESS COUNTY said Town known as Lake View Drive; 4 14-82407J COMMISSION EXPIRES ON 15,2007 and WHEREAS, the improvements pro. posed by said plan and report and re - quested by said petition consist of the widening and Pavement of the existing road into an 18 toot -wide road for the entire length of Lakeside Drive, having a total length of approximately I ' 555 lin- ear feet, and incidental improvements and expenses in connection therewith; and WHEREAS, the maximum amount pro. Posed to be expended for such improve. ments, including the cost of the neces. sary acquisition by the Town of right -61 - way or other real property interest, in- cidental thereto, is estimated to be $535,000 to be financed by the issuance of obligations pursuant to the Local Fi- nance Law over a period not exceeding fifteen years; and WHEREAS, the aforesaid project has been determined to be an Unlisted Ac. tion pursuant to the regulations of the Now York State Department of Environ. mental Conservation Promulgated pur- suant to the State Environmental Qual- ity Review Act, the implementation of which as Proposed, the Town Board has determined will not result in any signifi- cant environmental effects. WHEREAS, such cost shall be entirely borne, in the first instance, by assess- ments upon the properties benefited thereby; and WHEREAS, the area benefited by Such improvement shall be the real property fronting or abutting the portions of such street to be improved, as heretofore described and as more fully set forth in Appendix A attached hereto and hereby made a part hereof; and WHEREAS, it is now desired to call a public hearing to consider the question of undertaking the aforesaid paving and Improvements Pursuant to Section 200 of the Town Law; NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: .Section I A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York shall be held at the Town Hall, in Wappinger Falls, New York in said Town, on the 22nd day of December, 2003, at 7:30 O'clock P M., Prevailing Time, for the Purpose of con- ducting a public hearing to consider matters described in the preambles hereof and tohear all Persons interested in the subject thereof concerning the same. aQQaQGZ' Tho T(5vVn Clark 104reby authorized and directed to cause a copy of this Order to be Published once in Poughkeepsie Journal and Southern Dutchess News, the newspapers N hereby designated as the off icial E papers of said Town for this purpo senews- ( and Posted in the manner provided by law. �EiQction,q This Resolution and Order shall take affect Immediately, SECONDED BY: Councilman Paolon! The question of the adoption of the fore. going Resolution and Order was duly Put to a vote on roll call, which resulted as follows: 'Poughkeepsie Journal [a M. Action pursuant to the regu- lations of the New York State Department of Environmen- tal Conservation promulgat- ed pursuant to the State Environmental Quality Re- view Act, the implementa- tion of which as proposed, the Town Board has deter- mined will not result in any significant environmental ef- fects. WHEREAS, such cost shall be entirely borne, in the first instance, by assess- ments upon the properties benefited thereby; and WHEREAS, the area bene- fited by such improvement shall be the real property NOTICE OF fronting or abutting the PUBLIC HEARING portions of such street to be NOTICE IS HEREBY GIV- improved, as heretofore de - EN that the Town Board of scribed and as r attalhce t the Town of Wappinger, forth in Appendix Dutchess County, New hereto and hereby made a York, has adopted the fol- part hereof; and lowing Resolution and Order WHEREAS, it is now de - Calling a Public Hearing for sired to call a public hearing December 22, 2003, with to consider the question of respect to the construction index akiand the stoments and in riv i ant of Lake- pursuant to Section 200 of side Drive m the Cedar P NOW, Knolls Subdivision in the the Town Law; Town of WaPNeweY Dutch T RESOFLOVED REIT OR- ess County, DEFIED, by the Town Board 5 follows: NO. of the Town of Wappinger, RESOLUTION 2003-277 Dutchess County, New 020262-00346P York, as follows: At a regular meeting of the Section 1. A meeting of LI Town Board of the Town of the Town Board of the Town Dutchess Wappinger, Dutchess Coun- of WapP g shall be ty, New york, held at the County, New York, I Town Hall, 20 Middlebush held athe Town Falls alNew Road, in Wappinger Falls, Wapping,on the New York, in said Town, in Yorkd i said day oto December, Q the 24th day of November, 2003, at 7:30 o'clock P.M., 2003,ilinn 7:TimelOtorP 'the Prevailing Time. Prevag o PRESENT: purpose of condu , a JOSEPH RUGGIERO Super- visor public hearing to consider the matters described In the I 02911 ROBERT VALDATI Council- preambles hereof and to hear all persons interested man I VINCENT BETTINA Council- erning thea samereof con- I,I man • Section 2. The Town Clerk !, CHRISTOPHER COLSEY is hereby authorized and Councilman dn1e�fdPo cause a copy of JOSEPH PAOLONI Council- man eepsie, N.Y. F PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper fo°r e in Herts s�iccessively, in each week, commencing on the 10th. day of Dec. 2003 and thereafter, namely on: And ending on on the following dates day of 2 03 both days inclusive. Subscribed,�rrd,sworn to before me this day of 2003 2003 '100cz/Ar1444 Notary frf'ic My commission expires duly adopted. WHEREAS, the improve- APENDIX A merits proposed by said Area Benefitted plan and report and request- All of the parcels fronting ed by said petition consist of Lakeside Drive as shown on the widening and payment Town of Wappinger Tax I the existing road into an Map. 6158-02 except for the 18 foot -wide road for the parcel identified as 1 Hill entirelength of Lakeside Green Condominium parcel. Drive, having a total length Tax Map I.D. Nos. of approximately 1,555 lin- 6158-02-659614 ear deet, and incidental 6158-02-676615 improvements and expens- 6158-02-602593 es in connection therewith; 6158-02-595583 and 6158-02-637649 WHEREAS, the maximum 6158.02-673660 amount proposed to be 6158-02.652621 expended for such improve- 6158-02-642627 ments, including the cost of 6158-02.630620 the necessary acquisition by 6158-02-629646 the Town of right-of-way or 6158-02-623642 - other real property interests 6158-02-619614 incidental thereto, is estimat- 6158-02-615637 ed to be $535,000 to be 6158-02-608633 financed by the issuance of 6158-02-612600 obligations pursuant to the 6158-02.600628 Local Finance Law over a 6158-02-593623 period not exceeding fifteen 6158-02-587617 years; and 6158.02-578612 WHEREAS, the aforesaid 6158-02-569607 project has been deter- 6158-02-562600 ed to be an Unlisted 4047 M. Action pursuant to the regu- lations of the New York State Department of Environmen- tal Conservation promulgat- ed pursuant to the State Environmental Quality Re- view Act, the implementa- tion of which as proposed, the Town Board has deter- mined will not result in any significant environmental ef- fects. WHEREAS, such cost shall be entirely borne, in the first instance, by assess- ments upon the properties benefited thereby; and WHEREAS, the area bene- fited by such improvement shall be the real property NOTICE OF fronting or abutting the PUBLIC HEARING portions of such street to be NOTICE IS HEREBY GIV- improved, as heretofore de - EN that the Town Board of scribed and as r attalhce t the Town of Wappinger, forth in Appendix Dutchess County, New hereto and hereby made a York, has adopted the fol- part hereof; and lowing Resolution and Order WHEREAS, it is now de - Calling a Public Hearing for sired to call a public hearing December 22, 2003, with to consider the question of respect to the construction index akiand the stoments and in riv i ant of Lake- pursuant to Section 200 of side Drive m the Cedar P NOW, Knolls Subdivision in the the Town Law; Town of WaPNeweY Dutch T RESOFLOVED REIT OR- ess County, DEFIED, by the Town Board 5 follows: NO. of the Town of Wappinger, RESOLUTION 2003-277 Dutchess County, New 020262-00346P York, as follows: At a regular meeting of the Section 1. A meeting of LI Town Board of the Town of the Town Board of the Town Dutchess Wappinger, Dutchess Coun- of WapP g shall be ty, New york, held at the County, New York, I Town Hall, 20 Middlebush held athe Town Falls alNew Road, in Wappinger Falls, Wapping,on the New York, in said Town, in Yorkd i said day oto December, Q the 24th day of November, 2003, at 7:30 o'clock P.M., 2003,ilinn 7:TimelOtorP 'the Prevailing Time. Prevag o PRESENT: purpose of condu , a JOSEPH RUGGIERO Super- visor public hearing to consider the matters described In the I 02911 ROBERT VALDATI Council- preambles hereof and to hear all persons interested man I VINCENT BETTINA Council- erning thea samereof con- I,I man • Section 2. The Town Clerk !, CHRISTOPHER COLSEY is hereby authorized and Councilman dn1e�fdPo cause a copy of JOSEPH PAOLONI Council- man eepsie, N.Y. F PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper fo°r e in Herts s�iccessively, in each week, commencing on the 10th. day of Dec. 2003 and thereafter, namely on: And ending on on the following dates day of 2 03 both days inclusive. Subscribed,�rrd,sworn to before me this day of 2003 2003 '100cz/Ar1444 Notary frf'ic My commission expires