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2003-10-14 RGMTuesday, October 14, 2003 7:30pm Wappinger Town Hall AGENDA Call to Order Roll Call, Salute to Flag Suspension of Rules for Public Comment on Agenda Items Public Hearing: • Public Hearing Central Wappinger North Chelsea Substation • Public Hearing Wappinger Park Water District Extension • Public Hearing Wappinger Park Water District Improvements Discussions: • Cingular Cellular — Kyle MacCallum Resolutions: 2003-243 Resolution Authorizing Five Star Escrow Refund 2003-245 Resolution Authorizing Special Use Permit for Central Hudson Substation 2003-246 Resolution Authorizing the Extension of the Wappinger Park Water District 2003-248 Resolution Authorizing Budget Transfer 2003-249 Resolution Appointing Building Inspector New Business/Comments Executive Session • Greystone Rental— Rich Swanson Adjournment 10/14/2003.PH A Public Hearing was held by the Town Board of the Town of Wappinger on October 14, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Central Wappinger North Chelsea Substation Expansion. Supervisor Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Gloria J. Morse, Town Clerk Absent: Vincent Bettina, Councilman The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. There were none. Councilman Paoloni moved to close the Public Hearing, seconded by Councilman Colsey and unanimously carried. The Public Hearing closed at 7:36 p.m. f Gloria J. rse Town C k TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF NOTICE OF PUBLIC HEARING ON AN APPLICATION FOR A SPECIAL USE PERMIT FOR NORTH CHELSEA SUBSTATION EXPANSION BY CENTRAL HUDSON GAS & ELECTRIC CORPORATION BASED ON A REVISED NARRATIVE STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on October 1, 2003, your deponent posted a copy of the attached notice of Public Hearing on an Application for a Special Use Permit for North Chelsea Substation Expansion by Central Hudson Gas & Electric Corporation based on a revised narrative on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. GLO . M SE Town erk Town of Wappinger Sworn to before me the day ?003 . ZIA- IRENE M REIS Notary Public State of New York Residing in Dutchess County Registration it O1RE5 115120c Commission Expires — C) i)=.R,f'.I D I T C H F ``> NF lnI 1N f' Ort'F"F PnF `,?S - F +•, I. -d y... 1'' I•-, I, N G i" , l ':.a C A I_ I_.. �� ; NY Y 1 I.,' AF';='TiJr 1- R5-'='aI._L ` Tf�L�II'� t c 4f 1- a; s I 1 C .T. N F`''I i' -I F 4'1 1 i"i 1" 1'I C.{ i? 0 i7 t In ti; iii f`1 i`.1 k, i J' 1-1 F- rr,' c'i f h )1. 1 t it.�= f�.l I.' I -i ri I,.F,I r-' fi �:, ✓' 11'".'t,-1 ,,ICY ii. p e r ('i't' .J i=^. )'I? Y` n t 411 F" TfJf;F.R° AI...I ; i": 1 (f": L. I, 7 n J'�.. 7.. i"i fl t:', l_ I f) 1 7 -^; 1.' I �'-? i"I (n � J ., � � C. � P,JF1,,lYC)fIRK ; :, nr'1 t. t ,a rl (') t;) 0 f I, l I i i _ c': r'. t t <a , , 'r1 i"1 P- < P c'1. i ;9 iI11;.' pl)I`if. si^1 ?ii i•)1 ji'iLl,t.�1 1")'I '`,lxl�i)')'1 to f1{=� f i1i"v< (Iliw t l'li, , -_�t 11 r'��a.;y' of (:�i":t fill er r.O02 ALBERT M. OSTEN NOTARY PUBLIC, ST^sE OF MEW YORK is QUALIFIED IN `11 TEE COUNTY # 1-1-824016,0 COMMiSSIOP: EXPIRES JUN 5 2007 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a second PUBLIC HEAR- ING on the 14th day of October 2003, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether or not the Application of Cen- tral Hudson Gas & Electric Corporation on behalf of North Chelsea Substation for a Special Use Permit pursuant to §240-16(F) to authorize an expansion of the North Chelsea Substation located on a parcel of land identified as Tax Grid Number 13-5689.6056-02-760980-00, with a common street address of 2070 Route 91), Wappingers Falls, New York, shall be granted. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to Article 8 of the Environmen- tal Conservation Law, Part 617 NYCRR (commonly known as SEORA) and pur- suant to Local Law No. 6 of 1992 (the Town's Environmental Quality Review Law) that this Application is an Unlisted Action and the Town Board hereby re- serves its right to make its SEORA De- termination after the conclusion of the Public Hearing. PLEASE TAKE FURTHER NOTICE that copies of the Application for the Special Use Permit are available for review:e.d inspection at the Office of the Town( fk,)n weekdays from 8:30 a.m. to 4:; , p.m., at the Town Hall, 20 Midc abush Road, Wappingers Falls, NewYork. Dated: September 8, 2003 BY ORDER OF TH E TOWN BOARD i OF THE TOWN OF WAPPING ER Gloria J. Morse, Town Clerk TOWN CLERt< Poughkcepsie Journal Poughkeepsie, N.Y. NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIV- EN that the Town Board of the Town of Wappinger will conduct a second PUBLIC HEARING on the 14th day of October 2003 at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citi- zens shall have an opportu- nity to be heard as to whether or not the Applica- tion of Central Hudson Gas & Electric Corporation on behalf of North Chelsea Substation for a Special Use Permit pursuant to §240- 16(F) to authorize an expan- sion of the North Chelsea Substation located at a parcel of land identified as Tax Grid Number 13-5689- 6056-02-760980-00, with a common street address of 2070 Route 9D, Wappingers Falls, New York, shall be granted. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (com- monly known as SEQRA) and pursuant to Local Law No. 6 of 1992 (the Town's Environmental Quality Re- view Law) that this Applica- tion is an Unlisted Action and the Town Board hereby reserves its right to make its SEQRA Determination after the conclusion of the Public Hearing. PLEASE TAKE FURTHER NOTICE that copies of the Application for the Special Use Permit are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wap- pingers Falls, New York. Dated: September 8, 2003 By Order of the Town Board of the Town of Wappinger GLORIA J. MORSE Town Clerk 0838 0290 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 one inse tion for weeks successively, in each week, commencing on the 1st, day of Oct. 2003 and thereafter, namely on: on the following dates And ending on the day of 003 ,both days inclusive. /r V Subscribe d sworn to before me this "Cl:' day of 2003T My commission expires -f Public U 10/14/2003.PH Public Hearings were held by the Town Board of the Town of Wappinger on October 14, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Wappinger Park Water District Extension #1 and the Wappinger Park Water District Improvements. Supervisor Ruggiero opened the meeting at 7:37 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Others Present Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Gloria J. Morse, Town Clerk Absent: Vincent Bettina, Councilman 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). At this time Engineer to the Town Jay Paggi gave a brief presentation on the project, the costs, etc. Mr. Paggi explained the Wappinger Park subdivision consists of 77 homes, is located on the southwest corner of Route 9 and Old Hopewell Road, and is presently served by the Wappinger Park Water District. Over the past few years the water quality from the wells serving the park has been degraded to such an extent that we are now in noncompliance with part 5 of NYS sanitary codes, specifically for chlorides, and we currently have an exemption from the Dutchess County Health Department to operate this water system. The exemption was granted with the understanding that the town would pursue a connection to a larger system that is located within the central portion of the town. We are now proposing to abandon the existing source and supply for the Wappinger Park Water District and connect to the existing central system. That connection exists at a point 2700 foot north of Wappinger Park. The Town propose to connect to that system near the BJ entrance, construct the pipe down Old Route 9 to Old Hopewell Road, go south on Old Hopewell Road and connect into existing pipe on Cayuga Drive near Seneca Lane. The existing wells would then be abandoned and the Wappinger Park residents would have the source of supply from the Atlas and Hilltop Wells. We are also going to increase the size of the existing district to include the properties that would be adjacent to the new pipe that is constructed. Those properties are mostly commercial that exist along Old Route 9, Hark Plaza, 1 10/14/2003.PH La Fonda del Sol, NAPA Auto Parts, Greer, Optimum Windows, Greenbaums, Choice Seating and Performance Motors. What we have are two separate actions. One is the connection of the existing district to the main and the second is the connection of the commercial properties mentioned to the newly constructed main. The total cost of the project is going to be $780,000. This is broken down into two items. The first is the construction of the main down to Old Hopewell Road and into Wappinger Park. Of the $780,000 that's about $724,000. This does not include any of the work necessary to include the new commercial properties. Of the $724,000, the Town applied for and received a Grant from Dutchess County called the Community Development Plot Grant to aid in the construction cost of the 77 homes in Wappinger Park. We received a Grant in the amount of $102,000 that will be attributed to that portion of the project that benefits the 77 homes. The net cost with the $102,000 Grant will be $622,000 to the 77 homes in Wappinger Park. Serial Bonds will be issued for a term of 20 years. The cost to be borne by each home owner will be $318 per year. The additional cost to construct the service connection to the 12 commercial users along Old Route 9 is the difference between the $724,000 and the $780,000 or about $55,000. That cost for those 12 commercial users is approximately $63. The 12 properties will pay the $318 and the $63. Presently the flat rate in Wappinger Park is $85 per quarter. The new rates with a water meter for an average family will be approximately $27.25 per quarter and the yearly O&M rate which is now $340 will be $132. This will be a projected cost savings of $208 on the O&M. The total projected cost increase will be around $110. Construction should start in early 2004 and be completed by summer of 2004. At that point in time the wells in Wappinger Park will be abandoned and the pump building would be demolished and taken out. Each home will receive a meter with a remote read out. Mike Tremper of CAMO Pollution explained that CAMO has operated this system since the town took it over and the water quality is not the best. The chlorides are very high. The water level is also high in sodium and contains manganese. The hardness is around 20 and 30 grains and the water from Central Wappinger will be around 14 grains and will ----- contain very little manganese and no iron. We have had no complaints from the 2700 homes that are already hooked into Central Wappinger Water. Earlier this year in a similar district with similar water quality with a similar amount of homes, the same transformation took place and the residents began to see improvements in the water quality within a week. 2 10/14/2003.PH Along with the chloride and poor water we have also discovered low amounts of MTBE in the wells. Mrs. Price of Onondaga Drive wished to know if she would still have to use her water softener. Mr. Tremper answered that the softness of the water from Central Wappinger Water is around 14 grains. This is slightly hard, so water softness is a matter of personal preference. She also wished to know if they would have to pay for their meters. Mr. Paggi explained that the cost of the meter is included in the cost. Mr. Rompala of 15 Cayuga Drive wished to know if Poughkeepsie Nissan was going to be part of this water district. Mr. Paggi answered, "no they were not." There were no more questions or comments. Councilman Paoloni moved to close the Public Hearings, seconded by Councilman Valdati and unanimously carried. The Public Hearing closed at 7:55 p.m. Gloria J. Morse Town Clerk 3 WAPPINGER PARK PLUS COMMERCIAL PROPERTIES AFFIDAVIT OF MAILING STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) FLORENCE HANNON, being duly sworn, deposes and says: I am the Deputy Town Clerk to the Town of Wappinger, Dutchess County, New York. I am over the age of eighteen (18) years of age and I reside at I s /, Wappingers Falls, New York. On the 16, day of&Wt , 2003, I served a true copy of the annexed NOTICE OF PUBLIC HEARING by mailing a copy of same in a sealed envelope with 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 known addresses of the addressees as set forth on the attached Schedule No. 1. The last known addresses are the addresses maintained by the Town of Wappinger Assessor's Office and/or 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. FLORENCE HANNON Deputy Town Clerk Sto befo e e on this day of 2003. 0 ARY Pt 0 A JEAN MORSE imPublic, 2its of New York iad in N' "Chess County 4761090 Comm. Expires Aug. 31,x% Lf CADocuments and Settings\Florence\Local Settings\Temporary Internet Files\0LK4\AFFIDAVIT2.doc DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON THE ESTABLISHMENT OF A PROPOSED EXTENSION TO THE WAPPINGER PARK WATER DISTRICT IN THE TOWN OF WAPPINGER TO BE KNOWN AS EXTENSION NO. I TO THE WAPPINGER WATER DISTRICT IN THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 24, 2003, your deponent posted a copy of the attached notice of Public Hearing on the Establishment of a Proposed Extension to the Wappinger Park Water District in the Town of Wappinger to be know as Extension No. 1 to the Wappinger Water District in the Town of Wappinger on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. 0 -1/' 4�,o '4 J''; GLORI7JR7 Town C Town of Wappinger Sworn to before me theA-4 day of e-- je 2003 ROBIN D. SECOR Notary Public, State of New York Residing in Duchess County Registration#01SE6W302 My Commission ExOires Auric 17.20. Y' rg TV14 starLi (e 'Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION REGENE� (CC) fr?? !OJO I proposed new water main zzie id escribed two paragraphs Ifld,,. ,�� below) and shall be bound- ed and described as set forth in Appendix A attached Gunsmoke "Chill hereto and made a part 121 Best Damn Sp,,, hereof• and WHEREAS, the improve- QrS$` rv: Legendary K ments proposed specifically CC ( Sex and -Ci S! for Extension No. 1 consist . and -City of service connections for �i►tny1g92 Joe Eeeci .fRa' each commercial property in In Home Extension No. 1 from the 9 (N) proposed new water main r , (described in the paragraph below), including corpora - 4) Dtts In Hoffman. `R' Ction valves piping and indi- vidual curb valves and box - class: Our 12:30 as; and (gels ® (12:37) [ WHEREAS, the improve - 1 Pains(CC) ments proposed specifically & Colmes OD (12.37) Et for Extension No. 1 will be constructed in conjunction Eats )u g hbred Ac- Tonight CC ( ) with an overall plan to ®® 02:37 increase and improve the Improvement Area 1999 - (CC) facilities of the Wappinger our Classic ® Spin Clty Park Water District, as ex - Masters ® Extrem tended, including Extension i Banacek m Frasier ( No. 1, such improvements ►Real Sports ®Math being the provision of new WHEREAS, the maximum ® AlRoo i water service for the Wap - pinger Park Water District, Marvels (CC) CC) Celeste as extended, including Ex - Frontal Fash- ® Nightly irlrll tension No. 1, through the connection of the Wapping- iseball 025 mulgated pursuant to the State Environmental Quality Review Act, the impiementa- tion of which, as proposed, the Town Board has deter- mined that no environmental review is required. WHEREAS, there will be no hook-up fees to proper- ties in Extension No. 1; and WHEREAS, the estimated annual capital cost for the improvementsProposed specifically for Extension No. 1, based upon the proposed twenty year debt amortization, is $63 per benefit unit for each proper- ty to be included in Exten- sion No. 1. The number of benefit units for each prop- erty in Extension No. 1 is shown on Table C to the aforesaid map, plan and report. The estimated annu- al capital cost for the im- provements proposed for Wappinger Park Water Dis- trict, as extended, for the aforesaid overall Improve- ments to increase and im- prove the facilities of Wap- pinger Park Water District, as extended, based upon the proposed twenty year debt amortization, is $318 per benefit unit. The estimat- ed annual cost of operation and maintenance of such proposed improvements is $132 per benefit unit for a typical user in the existing Wappinger Park District commercial users in the extended district (service area) will pay annual 0&M costs, to be determined by the Town Board, based on actual metered flow. Each annual cost is calculated for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid. There are no residential or "typical prop- erties" in Extension No. 1; and WHEREAS, a detailed ex- planation of the manner by which were computed and said estimatedfirst-year costs has been included in such map, plan and report which has been filed in the Office of the. Town Clerk, where the same are avail- able during regular office hours for examination by any person interested in the subject matter thereof; and WHEREAS, it is now de- sired to fall a public hearing upon the question of the establishment of Extension No.1 to the Wappinger Park Water District of the Town of Wappinger in the manner aforesaid pursuant to Sec- tion 209-d of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess Coun- ty, New York, as follows: Section 1. 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, In Wap; pinger Falls, New York, in said Town, on October 14, 2003 at 7:30 o'clock p.m., Prevailing Time, for the purpose of holding a public hearing to consider the State of New York County of Dutchess - :psie establishment of a propos( extension to the Wapping Park Water District of sa Town as described in if preambles hereof, to 1 known as Extension No,1 abardi of the City of Poughkeepsie, the Wappinger Park Wat' District of the TownNew York, being duly sworn, says that at Wappinger, and to consid' the map, plan and rep(; hereinafter mentioned she was and still is filed in relation thereto, at to hear all persons intere.k of the Poughkeepsie Newspapers Division ed in the subject matt thereof concerning t►ite Information Network, Inc., publisher of same, and for such otir action on the part of sPPSIE JOURNAL, a newspaper printed and Town Board as may r required by law or shalli, day in the year in the city of proper in the premises. Section 2. The Town Clrputchess County, New York, and that the is hereby authorized a directed to cause a copy this order to be publish�ytaduly published in the said newspaper nalaheuhnd SotinDa' successively, in each week, commencing News, the official news l Zdth day Of pets of said Town, the r publication thereof to be r less than ten nor more t twenty days before the i set herein for the hearingd on the following dates aforesaid, and said To;ly On: Clerk shall also cause" copy thereof to be post on the sign -board of Town maintained pursu+ to subdivision 6 of Secti 30 of the Town Law and send, by first class mail copy thereof to each owi of taxable real prop within Extension No. 1, shown upon the latest sessment roll of the To( each not less than ten more than twenty di the day of before the date set for hearing as aforesaid. 003 both days inclusive. Section 3. This order s�— take effect immediately. Proposed Wappinger Park Water District Connection to 1999-2( Improvement Area 7 , Beginning at a point, s (� point being the southeas� sworn to before me this ly corner of lands now' former KandrAssccia 2003 LLC., Liber 2005, Page said point also being on westerly road line of P York State Route 9; the. leaving said southeast— corner of Kandr Associa ary Pu is LLC, and said westerly of New York State Rout and running along southerly line of said Kbn expires / Associates, LLC., so,p westerly 300.93+/- feet 1 point, said point being southwesterly corner of lands of Kandr Associa LLC.; thence leaving : southwesterly corner of lands of Kandr Associa LLC. and running northe arty along the westerly of said lands of Kt Associates 296.004 fe( a point, said point being northwesterly corner of -_- lands of Kandr Associe LLC., said point also b, the southwest corner other lands of Kandr As( ' ates, LLC., Liber 2005, F 373; thence leaving northwesterly corner of lands of Kandr Assock LLC. and said southwes corner of said other Ian( Kandr Associates, LLC. running along the wee line of said other land Kandr Associates, t Northwesterly 339.1 feet to a point, said 1 i ® Jesse Di er Park Water District's itts- ip water system to the water system of Wappinger Water PUBLIC NOTICE Improvement Area 1999 - NOTICE OF PUBLIC HEAR- 2(R), by the construction of ING a new water main and the Please take Notice that the abandonment of portions of following Order has been the existing Wappinger Park adopted by the Town Board Water District's water sys- of the Town of Wappinger, tem; and Dutchess County, New WHEREAS, the maximum York: amount proposed to be - - - - - - - - - - -X expended for the aforesaid In the Matter improvements specifically Of for Extension No. 1 is the Establishment of a pro- $55,850; and posed Extension to the WHEREAS, the maximum Wappinger Park Water Dis- amount proposed to be trict in the Town of Wappin- expended for the aforesaid ger, Dutchess County, New overall improvements to in - York to be known as Exten- crease and improve the sion No. 1 to the WapNnger facilities of the Wappinger Park Water District in the Park Water District, as ex - Town of Wappinger tended, is $724,150 - - -X (622,000 after aid). Taxable WHEREAS, a map, plan properties within Extension and report, including an No. 1 shall be charged a estimate of cost have been proportionate amount of prepared in such manner such cost on a benefit basis; and in such detail as has heretofore been determined and WHEREAS, the proposed by the own Board of the method of financing such Town Wappinger, Dutch- cost of said improvement to ass unty, New York, be allocated and charged to relatinto the establishment Extension No. 1 is by the of a p posed extension to issuance of serial bonds of the Wappinger Park Water said Town maturing in annu- District of the Town of al installments over a period Wappinger, Dutchess Coun- not exceeding forty years, ty, New York, to be known which will be payable in the as Extension No. 1 to the first instance from the annu- Wappinger Park Water Dis- al apportionment and as- trict (hereinafter "Extension sessment on the taxable real No. 1"; and property in Extension No. 1 WHEREAS, said map, which the Town Board shall plan and report dated Octo- determine to be especially tier 8, 2001, as amended benefited by the improve - March 24, 2003 and July 30, ments, but if not paid from 2003,were prepared by such source, all the taxable Paggi, Martin & DelBene, real property in said Town LLP, competent engineers shall be subject to the levy duly licensed by the State of of ad valorem taxes therefor; New York, and have been and filed in the office of the Town WHEREAS, both the im- Clerk of said Town, where provements specifically for the same are available dur- Extension No. 1 and the ing regular office hours for improvements for the Wap - examination by any persons pinger Park Water District, interested in the subject as extended, have bee de - matter thereof; and termined, to be a Type II WHEREAS, Extension No. Action pursuant to the regu- 1 shall include commercial lations promulgated pursu- properties located along the ant to the regulations pro- mulgated pursuant to the State Environmental Quality Review Act, the impiementa- tion of which, as proposed, the Town Board has deter- mined that no environmental review is required. WHEREAS, there will be no hook-up fees to proper- ties in Extension No. 1; and WHEREAS, the estimated annual capital cost for the improvementsProposed specifically for Extension No. 1, based upon the proposed twenty year debt amortization, is $63 per benefit unit for each proper- ty to be included in Exten- sion No. 1. The number of benefit units for each prop- erty in Extension No. 1 is shown on Table C to the aforesaid map, plan and report. The estimated annu- al capital cost for the im- provements proposed for Wappinger Park Water Dis- trict, as extended, for the aforesaid overall Improve- ments to increase and im- prove the facilities of Wap- pinger Park Water District, as extended, based upon the proposed twenty year debt amortization, is $318 per benefit unit. The estimat- ed annual cost of operation and maintenance of such proposed improvements is $132 per benefit unit for a typical user in the existing Wappinger Park District commercial users in the extended district (service area) will pay annual 0&M costs, to be determined by the Town Board, based on actual metered flow. Each annual cost is calculated for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid. There are no residential or "typical prop- erties" in Extension No. 1; and WHEREAS, a detailed ex- planation of the manner by which were computed and said estimatedfirst-year costs has been included in such map, plan and report which has been filed in the Office of the. Town Clerk, where the same are avail- able during regular office hours for examination by any person interested in the subject matter thereof; and WHEREAS, it is now de- sired to fall a public hearing upon the question of the establishment of Extension No.1 to the Wappinger Park Water District of the Town of Wappinger in the manner aforesaid pursuant to Sec- tion 209-d of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess Coun- ty, New York, as follows: Section 1. 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, In Wap; pinger Falls, New York, in said Town, on October 14, 2003 at 7:30 o'clock p.m., Prevailing Time, for the purpose of holding a public hearing to consider the State of New York County of Dutchess - :psie establishment of a propos( extension to the Wapping Park Water District of sa Town as described in if preambles hereof, to 1 known as Extension No,1 abardi of the City of Poughkeepsie, the Wappinger Park Wat' District of the TownNew York, being duly sworn, says that at Wappinger, and to consid' the map, plan and rep(; hereinafter mentioned she was and still is filed in relation thereto, at to hear all persons intere.k of the Poughkeepsie Newspapers Division ed in the subject matt thereof concerning t►ite Information Network, Inc., publisher of same, and for such otir action on the part of sPPSIE JOURNAL, a newspaper printed and Town Board as may r required by law or shalli, day in the year in the city of proper in the premises. Section 2. The Town Clrputchess County, New York, and that the is hereby authorized a directed to cause a copy this order to be publish�ytaduly published in the said newspaper nalaheuhnd SotinDa' successively, in each week, commencing News, the official news l Zdth day Of pets of said Town, the r publication thereof to be r less than ten nor more t twenty days before the i set herein for the hearingd on the following dates aforesaid, and said To;ly On: Clerk shall also cause" copy thereof to be post on the sign -board of Town maintained pursu+ to subdivision 6 of Secti 30 of the Town Law and send, by first class mail copy thereof to each owi of taxable real prop within Extension No. 1, shown upon the latest sessment roll of the To( each not less than ten more than twenty di the day of before the date set for hearing as aforesaid. 003 both days inclusive. Section 3. This order s�— take effect immediately. Proposed Wappinger Park Water District Connection to 1999-2( Improvement Area 7 , Beginning at a point, s (� point being the southeas� sworn to before me this ly corner of lands now' former KandrAssccia 2003 LLC., Liber 2005, Page said point also being on westerly road line of P York State Route 9; the. leaving said southeast— corner of Kandr Associa ary Pu is LLC, and said westerly of New York State Rout and running along southerly line of said Kbn expires / Associates, LLC., so,p westerly 300.93+/- feet 1 point, said point being southwesterly corner of lands of Kandr Associa LLC.; thence leaving : southwesterly corner of lands of Kandr Associa LLC. and running northe arty along the westerly of said lands of Kt Associates 296.004 fe( a point, said point being northwesterly corner of -_- lands of Kandr Associe LLC., said point also b, the southwest corner other lands of Kandr As( ' ates, LLC., Liber 2005, F 373; thence leaving northwesterly corner of lands of Kandr Assock LLC. and said southwes corner of said other Ian( Kandr Associates, LLC. running along the wee line of said other land Kandr Associates, t Northwesterly 339.1 feet to a point, said 1 i D(JTCHF�IS t,,1FWS FIREF PRES" 84 FAST P,IIATJ,l SJR T.. oc,lit —7F —F 4— �7l � %,..e i t—_ <73, —F F> t.A V1, T, i. � -t— I_ C)o " I.A"' PP'T N Ci I", Fl.,;,;� 1"Al I Y '-7. D ( J T C 1 -IF T •. T 1, N A 1- .1 F "0" H .: h :i~ a. VI C! ( 1 1,x - (,%l C.-) I- n ; '.r.:P c) S r? .9 )! d -i y c 5'e�tAtJ"(,ern h at T ern f In �L� H K 1 F.. PUBLIC NOTICE NOTICE OF PUBLIC HEARING F- R, F r t i. L. Please take Notice that the following th To Order has been adopted by a own k fl C, -I y I Board of the Town of Wappinger, Dutchess County, New York: r! 3e ------------------------------------------ Xsnti.f her n In the Matter of the Establishment of a Con Proposed Extension to the Wappinger Park Water District in the Town of Wappinger, Dutchess County. New York totive emergencies, be to known as Extension No. 1 to the I , Wappinger ParWWater District in the 11 certain procedure: r 5 fo Town of Wappin r 1 ------------------ --------------------- x 6e most valuable les WHEREAS, a m p, plan and report, in- ' cluding an estim a of cost have been t1d hooking up jumper prepared in sucIt"anner and in such F detail as has heretofore been determined c before an emergency `,, P, ri f e I -; ,=.t)0 by the Town Board of the Town of ' Car Care Council. Wappinger, Dutchess County New York, 5 relating to the establishment of a pro- f Posed extension to the Wappinger Park Water District of the Town of Wap Inger, %a battery *11 11") 1 i Nuthl=u, by the [own Board o the lajRg uur tui�ijcnandii m rar, r js e Sip y Town of Wappinger, Dutchess County, 14ew York, as follows: said point also being the norlheasterty jpclion 1. A meeting of the Town board corner of said lands of Leonard, said point also being on the westerly line of if the Town of Wappinger, Dutchess said New York State Route 9; thence leav- County, New York, shall be held at the Town Hall, 20 Middlebush Road, in ing the southeasterly comer of said lands :h of Aura Realty Corp. and the northeast- ?007 Wappinger Falls, New York in said Town. On October 14,2003 at 736 o'clock arty corner of said lands of Leonard and running along the easterly line P.M., Prevailing Time, for the purpose of holding a public hearing to consider the of said lands of Leonard and the westerly line of said New York State Route 9 the follow - establishment of a proposed extension to the Wappinger Park Water District of ing three courses and distances: South - westerly 181.79 t feet, Southwesterly said Town as described in the preambles hereof to be known as Extension No. 1 to 17928 t feet and Southwesterly 125.32 t feet to a point, said point being the the Wappinger Park Water District of he Town of Wappinger, and to consider south - easterlycomer ofsaidlands ofLeonard, said point also being the northeasterly the map, plan and report filecrin relation thereto, and to hear all persons inter- corner of lands noworformerly Russell J. Watson, Liber 1946, Page 612 and a ested in the subject matter thereof con- Point on the westerly line of New York cerning the same, and for such other State Route 9; action on the Part of said Town Board as may be required by law or shall be proper thence leaving said southeasterly cor- ner Of Said Linda of Leonard and the north - in the premises. �Pgtion 2. The Town Clerk is hereby easterly comer of said lands of Russell and running along the easterly line of authorized and directed to cause a copy of this order to be published once in said lands of Russell and the westerly line of said New York State Route 9 Poughkeepsie Journal and Southern Dutchess News, the official newspapers Southaasterty 51.03t feet to a Point, said' point being the south as sterty corner of of said Town, the first publication th ereof said Lands of R ussell and the northeast - to be not less than ten nor more than erly corner of lands now or formerly twenty days before the day set herein for the hearing as aforesaid, and said Town Schunzel, Inc., Liber 19 , age539; thence leaving the sou the sterlycomer 'Je s Clerk shall also cause a copy thereof to be posted on the sign -board of the Town of said lands of Russll d the north-oa easterly comer of said land oiSchunzel maintained pursuant to subdivision 6 of Section 30 of the Town Law and to send, Inc. and running along In easterly line' of said lands of Schunzel nd the West - by first class mail, a copy thereof to each owner of taxable real property within Ex- erly line of New York State le9, South - westerly 254.28 t feet to a point, said tension No. 1, as shown upon the latest point being the southeasterly corner of assessment role of the Town, each not said lands of Schunzel, Inc. and the north. 1:: less than ten nor more than twenty days before the day set for the hearing as easterly comer of lands now or formerly Green Nine Realty Corp., Liber 1883 aforesaid. Section 3. This order shall take effect Page 847; thence leaving said south' mmediate easterly comer of lands of Schunzel nzeland the northeasterly corner otsaid lands of commercial users in the extended dis- Green Nine Realty Corp. and running trict (service area) will pay annual O&M along the easterly line of said lands of costs, to be determined by the Town Green Nine Realty Corp. and the West - Board, based an actual metered flow. erly line of said New York State Route 9, Southwesterly 636.03:t feet to a point, Propose Wappinger Park Water District said point being the southeasterly comer ai of said Lands of Greer Nine Really Corp. Connecti to 1999-2(R) Improvement Area and a point in the northerly line of Old Id Beginnin t a point, said point being Hopewell Road;'d point also being in the westerly line Wsaid New York State the southe sterly comer of lands now or formerly K n1r Associates, LLC., Liber - Route 9; thence leaving said southeasttt erly corner of said lands of Greer Nine 2005,Page373,saidpointalsobeingon Realty Corp. and running along the the Westerly road line of New York State Route 9; thence Leaving said southeast- Westerly line of said New York State Route 9, Southeasterly 170.00 *feet to a point, S erly corner of Kandr Associates LLC. said point being the northeasterly cor- and said westerly line of New York State Route 9 and running along the southerly ner of said lands of Dutchess Medical Arts Building, LI -C., said point also be -fes of said Kandr Associates, LLC. ing in the northerly line of said Old southwesterly 300.93 ± feet to a point: Il Hopewell Road and the westerly line of said point being the southwesterly cor- said New York State Route 9; thence leav- U I ner of said lands of Kandr Associates, ing the northeasterly corner of said _' 10/14/2003.WS The Workshop Meeting of the Town of Wappinger was held on October 14, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:35 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Christopher Colsey, Councilman Joseph Paoloni Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent Absent: Vincent Bettina, Councilman PUBLIC HEARING: • Public Hearing Central North Chelsea Substation • Public Hearing Wappinger Park Water District Extension • Public Hearing Wappinger Park Water District Improvements DISCUSSION: • Cingular Cellular — Kyle MacCallum Site Acquisition Consultant for Cingular Wireless announced that Cingular Cellular recently received a PCS license for operating in Dutchess, Ulster and Green Counties. He is looking for an area to find coverage, and was fortunate because there is already an existing site on Town of Wappinger property. Cingular Cellular wishes to co -locate its antennas on an existing Cellular One owned facility located at 14 Middlebush Road. They propose to mount six (6) paned type antennas below Cellular One's existing antenna array and a 10'x12' equipment shelter as shown in the Site Plan. Al Roberts Attorney to the Town explained that first of all they must find out if any improvements are required of the tower which may necessitate an amendment to the site plan. If there are no modifications to the existing tower he thinks it might be permitted and should just be reviewed by the Planning Board. Supervisor Ruggiero informed Mr. McCallum to get a copy of a lease agreement for Mr. Roberts to review. We will also get you in touch with our Zoning Administrator. Mr. Roberts said the lease would be with the current tenant of the Town. Mr. Valdati informed the applicant that he wants them to also provide the town with a report on the amount of emissions that would be generated by this addition 1 10114/2003.WS At this time 8:05 p.m. Councilman Colsey moved to go into Executive Session to confer with Attorney, seconded by Councilman Paoloni and unanimously carried. The meeting reconvened at 8:10 p.m. with all board members present, with the exception of Councilman Bettina. Councilman Valdati requested the Cingular Cellular to include in the application that they are in full compliance with Federal Regulations. RESOLUTION NO. 2003-243 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 1318 ROUTE 9 The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, on or about August 6, 2002, Joseph Eulie deposited Three Thousand Seven Hundred Dollars ($3,700.00) with the Town of Wappinger in escrow for a site plan for the property located at 1318 Route 9; and WHEREAS, Joseph Eulie has requested an escrow refund in the amount of Three Hundred and Seventy Six Dollars ($376.00), and has been recommended by Tatiana Lukianoff, Zoning Administrator to the Town of Wappinger, in her letter dated September 8, 2003 to the Town Board Members. 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Three Hundred and Seventy Six Dollars ($376.00) made payable to Joseph Eulie, Account Number 02- 4011, for the refund of the unused escrow funds deposited for the property located at 1318 Route 9. The forgoing was put to a vote which resulted as follows: Joseph Ruggiero Aye Robert Valdati Aye Vincent Bettina Absent Christopher Colsey Aye Joseph Paoloni Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-245 RESOLUTION AUTHORIZING SPECIAL USE PER UT FOR NORTH CHELSEA SUBSTATION The following resolution was moved by Councilman Colsey and seconded by Councilman Valdati. WHEREAS, the Town of Wappinger Town Board has received the application of the Central Hudson Gas & Electric Corporation (the "Applicant" and 2 10/14/2003.WS "Owner") for special permit approval for an 11,564 square -foot expansion of an existing 39,650 square -foot substation, including the addition of 2 new transformers, 3 new circuit breakers, 3 steel transmission line dead-end structures and 1 new power control center, with associated landscaping (the "Project" or "Proposed Action"); and WHEREAS, the involved properties are known as Tax Lots 6056-02-760980 and 6057-04-833013 on the Town of Wappinger Tax Assessment Maps and are located on the east side of NYS Route 9D in the CC Conservation Commercial zoning district (the "Property" or "Site"); and WHEREAS, the Applicant has submitted a Short Environmental Assessment Form, a project narrative dated 7/03 and last revised 8/25/03, and the following sheets of plans generally entitled "North Chelsea Substation Proposed Expansion," prepared by Morris Associates, P.S., LLC, Poughkeepsie, New York: 1. Sheet 1 of 6, "Title Sheet," dated 6/2/03, last revised 8/14/03; 2. Sheet 2 of 6, "Existing Conditions Survey Map," dated 8/14/03; 3. Sheet 3 of 6, "Proposed Expansion Site Plan," dated 6/2/03, last revised 8/14/03; 4. Sheet 4 of 6, "Grading and Erosion Control Plan," dated 6/2/03, last revised 8/14/03; 5. Sheet 5 of 6, "General Details," dated 6/2/03, last revised 8/14/03; and 6. Sheet 6 of 6, "Underground Utilities Details," dated 8/14/03; and WHEREAS, the Planning Board granted the site Amended Site Development Plan Approval by resolution dated 9/15/03; and WHEREAS, the Planning Board referred the application to the Dutchess County Department of Planning and Development (DCDPD) and the DCDPD determined that the Proposed Action is a "matter of local concern;" and WHEREAS, the proposed 8 -foot high security fence will require a variance from the Zoning Board of Appeals as it exceeds the maximum height of six feet within the required sideyard setback as set forth in Section 240-21.B(4) of the Town Code; and WHEREAS, the Planning Board recommended the variance based on the security needs of the Applicant and the fence's capacity as a visual screen; and WHEREAS, the Town Board is familiar with the Site and all aspects of the Project and has been satisfied that the Project will comply with the Zoning Law including without limitation the Site Development Plan, Parking and Performance Standards of Articles IX, X, and XI respectively of the Zoning Law as well as other applicable laws and regulations subject to the conditions below; and 3 10/1412003.WS WHEREAS, the Planning Board determined that the Proposed Action is an Unlisted Action in accordance with the State Environmental Quality Review Law and the Town's Environmental Quality Review Law (WEQR); and WHEREAS, a duly advertised public hearing was held on October 14, 2003 at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed on that date; NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates as findings and determinations the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration on the grounds that the proposed action will not result in any significant environmental impacts and any construction and land disturbance associated with the development of the lot will be controlled and mitigated through proper drainage and erosion control and properly screened with appropriate landscaping. 3. The Town Board hereby makes the following findings in accordance with Section 240-44 of the Zoning Law: a. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the Site in relation to it and the location of the Site with respect to streets giving access to it, are such that it will be in harmony with the appropriate and orderly development of the district in which it is located. b. The location, nature and height of buildings, walls, fences and the nature and extent of existing or proposed plantings on the Site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. C. Operations in connection with any special permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, illumination or other characteristics, than would be the operations of any permitted use not requiring a special permit. d. Parking areas will be of adequate size for the particular use, will be properly located and suitably screened from adjoining residential uses and the entrance and exit drives shall be laid out so as to achieve maximum safety. 4. The Town Board hereby grants Special Permit Approval to the Project, involving an 11,564 square -foot expansion of an existing 39,650 square -foot substation, including the addition of 2 new transformers, 3 new circuit breakers, 3 steel transmission line dead-end structures and 4 10/14/2003.WS 1 new power control center, with associated landscaping, in accordance with the provisions of Article IX, X, and XI of the Zoning Law subject to the following conditions and modifications: a. Prior to any permission for site improvements being issued to the Project the owner/applicant shall: (1) Payment of all applicable fees. (2) Endorse a copy of this Resolution and shall submit same to the Zoning Administrator for filing; and (3) Comply with all conditions Site Plan Approval granted by the Planning Board, in accordance with the Site Development Plan, Parking and Performance standards of Articles IX, X, and XI respectively of the Zoning Law, as well as other applicable laws and regulations. 5. In accordance with the Town's Schedule of Fees, the Applicant shall be responsible for the payment of all application review fees incurred by the Town Board in the review of this Project which are in excess of the application review fees paid by the Applicant to -date. Such fees shall be paid within thirty (30) days of the notification to the Applicant that such fees are due. If such fees are not paid within this thirty (30) day period and an extension therefore has not been granted by the Town Board, this Resolution shall be rendered null and void. Refunds of any remaining funds within the escrow account for the applications will not be made until six (6) months after the issuance of the Building Permit for the Project. 6. In accordance with Section 240-46 of the Zoning Law, this Special Permit Approval shall expire and become void one (1) year from the date of the adoption of this Resolution if work on this Project is not initiated pursuant hereto, or if the proposed uses shall cease for more than one (1) year for any reason, or if all required improvements are not completed within the time period specified in the Resolution of Site Development Plan Approval adopted by the Planning Board, or if all such required improvements are not maintained and all conditions and standards are not complied with throughout the duration of the subject use. Further, this Resolution of Special Permit Approval is issued in conjunction with a Resolution of Site Development Plan Approval; this Resolution of Special Permit Approval shall expire and become void if Site Development Plan Approval becomes invalid, unless landowner, after being given ten (10) days written notice and an opportunity to be heard concerning any defects or non-compliance with the Site Plan 6i 10/14/2003.WS conditions, cures such defects in a timely manner as determined by the Planning Board. The forgoing was put to a vote which resulted as follows: Joseph Ruggiero Aye Robert Valdati Aye Vincent Bettina Absent Christopher Colsey Aye Joseph Paoloni Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-246 A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO AND APPROVING THE ESTABLISHMENT OF A PROPOSED EXTENSION TO THE WAPPINGER PARK WATER DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO BE KNOWN AS EXTENSION NO.1 TO THE WAPPINGER PARK WATER DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12-A OF THE TOWN LAW. The following resolution was offered by Councilman Valdati who moved its adoption, seconded by Councilman Paoloni. WHEREAS, a map, plan and report, including an estimate of cost have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of a proposed extension to the Wappinger Park Water District of the Town of Wappinger, Dutchess County, New York, to be known as Extension No. 1 to the Wappinger Park Water District (hereafter "Extension No. 1"; and WHEREAS, said map, plan and report dated October 8, 2001, as amended March 24, 2003 and July 30, 2003, were prepared by Paggi, Martin & DelBene, LLP, competent engineers duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof; and WHEREAS, Extension No. 1 shall include commercial properties located along the proposed new water main (described two paragraphs below) and shall be bounded and described as set forth in Appendix A attached hereto and made a part hereof; and WHEREAS, the improvements proposed specifically for Extension No. 1 consist of service connections for each commercial property in Extension No. 1 from the proposed new water main (described in the paragraph below), including corporation valves piping and individual curb valves and boxes; and R 10/14/2003.WS WHEREAS, the improvements proposed specifically for Extension No. 1 will be constructed in conjunction with an overall plan to increase and improve the facilities of the Wappinger Park Water District, as extended, including Extension No. 1, such improvements being the provision of new water service for the Wappinger Park Water District, as extended, including Extension No. 1, through the connection of the Wappinger Park Water District's water system to the water system of Wappinger Water Improvement Area 1999-2(R), by the construction of a new water main and the abandonment of portions of the existing Wappinger Park Water District's water system; and WHEREAS, the maximum amount proposed to be expended for the aforesaid improvements specifically for Extension No. 1 is $55,850; and WHEREAS, the maximum amount proposed to be expended for the aforesaid overall improvements to increase and improve the facilities of the Wappinger Park Water District, as extended, is $724,150 ($622,000 after aid). Taxable properties within Extension No. 1 shall be charged a proportionate amount of such cost on a benefit basis; and WHEREAS, the proposed method of financing such cost of said improvement to be allocated and charged to Extension No. 1 is by the issuance of serial bonds of said Town maturing in annual installments over a period not exceeding forty years, which will be payable in the first instance from the annual apportionment and assessment on the taxable real property in Extension No. 1 which the Town Board shall determine to be especially benefited by the improvements, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes therefore; and WHEREAS, both the improvements specifically for Extension No. 1 and the improvements for the Wappinger Park Water District, as extended, have been determined to be a Type II Action pursuant to the regulations promulgated pursuant to the regulations promulgated pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined that no environmental review is required; WHEREAS, there will be no hook-up fees to properties in Extension No. 1; and WHEREAS, the estimated annual capital cost for the improvements proposed specifically for Extension No. 1, based upon the proposed twenty year debt amortization, is $63 per benefit unit for each property to be included in Extension No. 1. The number of benefit units for each property in Extension No. 1 is shown on Table C to the aforesaid map, plan and report. The estimated annual capital cost for the improvements proposed for Wappinger Park Water District, as extended, for the aforesaid overall improvements to increase and improve the facilities of Wappinger Park Water District, as extended, based 10/1412003.WS upon the proposed twenty year debt amortization, is $318 per benefit unit. The estimated annual cost of operation and maintenance of such proposed improvements is $132 per benefit unit for a typical user in the existing Wappinger Park Water District. Commercial users in the extended district (service area) will pay annual O&M costs, to be determined by the Town Board, based on actual metered flow. Each annual cost is calculated for the first year in which operation, maintenance, debt service and other charges and expenses are to be paid. There are no residential or "typical properties" in Extension No. 1; and WHEREAS, a detailed explanation of the manner by which were computed said estimated first-year costs has been included in such map, plan and report which has been filed in the Office of the Town Clerk, where the same are available during regular office hours for examination by any person interested in the subject matter thereof; and WHEREAS, an order was duly adopted by said Town Board on September 8, 2003, reciting a description of the boundaries of the proposed Extension No. 1, the improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that said map, plan and report were on file in the Town Clerk's office for public inspection and specifying the 14th day of October, 2003, at 7:30 o'clock P.M., Prevailing Time, and the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to consider the establishment of Extension No. 1 and said map, plan and report filed in relation thereto and to hear all persons interested in the subject thereof concerning the same; WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the time prescribed by Section 209-d of the Town Law, and proof of publication and posting has been duly presented to said Town Board; WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: E3 10/1412003.WS a) The notice of hearing was published and posted as required by law and is otherwise sufficient; b) All the property and property owners within said proposed Extension No. 1 are benefited thereby; c) All the property and property owners benefited are included within the limits of said proposed Extension No. 1; and d) The establishment of said proposed Extension No. 1 is in the public interest. Section 2. The establishment of Extension No. 1 to the Wappinger Park Water District in the Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and the improvements therein, consisting of service connections for each commercial property in Extension No. 1 from the proposed new water main, including corporation valves piping and individual curb valves and boxes, at a maximum estimated cost of $55,850, is hereby approved. The improvements proposed specifically for Extension No. 1 will be constructed in conjunction with an overall plan to increase and improve the facilities of the Wappinger Park Water District, as extended, including Extension No. 1, such improvements being the provision of new water service for the Wappinger Park Water District, as extended, including Extension No. 1, through the connection of the Wappinger Park Water District's water system to the water system of Wappinger Water Improvement Area 1999-2(R), by the construction of a new water main and the abandonment of portions of the existing Wappinger Park Water District's water system. Section 3. Extension No. 1 shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part hereof. Section 4. This resolution is adopted subject to permissive referendum The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Joseph Ruggiero Aye Robert Valdati Aye Vincent Bettina Absent Christopher Colsey Aye Joseph Paoloni Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-248 RESOLUTION AUTHORIZING BUDGET TRANSFERS The following Resolution was introduced by Councilman Colsey and seconded by Councilman Paoloni. 9 10/14/2003.WS 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 October 10, 2003 from Gerald A. Terwilliger, Comptroller to 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 and adopted herein. 2. The Town Board herby authorizes the following budget transfers hereby temporarily amending the Town of Wappinger Budget adopted for the calendar year 2003: Highway Fund Budget Amendulent Decrease DB5130.200 Machinery/Equipment $5,000 Increase DB5134.400 Machinery/C.E. $5,000 To cover expenses for machinery repairs The forgoing was put to a vote which resulted as follows: Joseph Ruggiero Aye Robert Valdati Aye Vincent Bettina Absent Christopher Colsey Aye Joseph Paoloni Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2003-249 RESOLUTION APPOINTING BUILDING INSPECTOR The following resolution was introduced by Councilman Paoloni and seconded by Councilman Colsey. WHEREAS, the Town Board of the town of Wappinger has conducted interviews for the purpose of appointing a Building Inspector, and WHEREAS, the Wappinger Town Board has found George Kolb to be the individual capable of performing the duties of Building Inspector. NOW, THEREFORE, BE IT RESOLVED, that George Kolb is hereby appointed as the Town of Wappinger Building Inspector. The forgoing was put to a vote which resulted as follows: Joseph Ruggiero Aye Robert Valdati Aye Vincent Bettina Absent Christopher Colsey Aye Joseph Paoloni Aye The Resolution is hereby duly declared adopted NEW BUSINESS: Councilman Valdati said a while back he made a motion to petition New York State DOT to place a traffic signal at the Montclair 9D site. When 10 10/14/2003.WS Heading north on 9D at that point the site distance is very dangerous especially when buses are trying to get out of Montclair. He would like the boards support to memorialize this petition. Supervisor replied he would send a letter Mr. Dennison, the Commissioner of the DOT. Councilman Valdati received correspondence from Hughsonville Fire District informing him they are seriously trying to acquire a fire fighting vessel to aid in the surrounding communities and are requesting the Town Board to petition Albany and Washington for grant money for this purpose. His would like the Attorney to the Town to prepare a resolution sent to Congresswoman Kelly, Senator Saland, Assemblyman Miller, Senator Schumer and Senator Clinton. At this time 8:20 p.m., Councilman Colsey moved to go into Executive Session to discuss a contract matter, seconded by Councilman Paoloni and unanimously carried. The meeting reconvened at 8:30 p.m. with all Board members present with the exception of Councilman Bettina.. There was no action taken in Executive Session Councilman Colsey moved to close the meeting seconded by Councilman Valdati and unanimously carried. The meeting adjourned at 8:30 p.m. 11 Gloria,J. orse Town erk