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2003-05-12 RGMTOWN OF WYPIJGER SUPERVISOR JOSEPH RUGGIERO Call to Order Roll Call, Salute to the Flag SUPERVISORS OFFICE 20 MIDDL:EEUSH ROAD WAPPINGERS FAU.S, NY 12590-0324 (645) 297-2744 FAX: (846) 297-4558 Monday, Afty 12, 2003 7:30pm Wappinger Town Heli AGENDA TOWN COUNCIL VINCENT BET71NA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI Public Hearing: Public Hearing Amending the Zoning Law and! Comprehensive Plan from industrial to Residential for Property on Maloney Road Suspension of Rules for Public Coin went on Agenda items Resolutions: 2003-142 Resolution of Adoption: Amendments to the Town of Wappinger ;omprebensive Plan (Nesheiwat) 2003-138 Resolution for the amendment of the Town of Wappinger Zoning Map (Nesheiwat) 1003-139 Resolution Authorizing the bond for the Technology Master Plan 2003-140 Resolution Authorizing the bond for the Recycling Center 2003-141 Resolution authorizing bond for Highway Department and Recreation (Equipment) Discussions: Tri -Municipal Sewer Phase 3B plannin.g Adjournment A Public Hearing was held by the Town Board of the Town of Wappinger on May 12, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Amending the Zoning Law and Comprehensive Plan from Industrial to Residential for Property on Maloney Road. Supervisor Ruggiero opened the meeting at 7:33 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit 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 Bettina moved to close the Public Hearing seconded by Councilman Colsey and unanimously carried. The Public Hearing closed at 7:35 p.m. GloriaVlerk e Town I L TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER .X1 NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING ZONING LAW & ZONING MAP OF TOWN OF WAPPINGER FOR PROPERTIES OFF MALONEY ROAD STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on April 25, 2003, your deponent posted a copy of the attached notice of Public Hearing on a Proposed Local Law Amending Zoning Law and Zoning Map of Town of Wappinger for Properties off Maloney Road, 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. SAMANTHA DIFUSCO Notary Pubic, State of New York Residing in Dutchess County Registration #01 DI8084048 My Commission E pares Dec. 2, 2006 Sworn to before me the J day of ' !j ( ,2003 GLORIA J. Town Cler Town of M 0 k,l 4) P f--) T f\1 (--. F R S ..1_c NY 1 0 ac� -F. -F i C1 -T;r, _Ti_ t-- <7-> -F I=' R-11 V> .1 47 5 C -)- T FA^111-); kly A T H b ei r a d i j 'T T T J A. H F � I- . . . , ; v) c,) -r n dke ptisa a n s,aY- H-iaf T ;a (n f1w, PjC)C)KKF.FP11,-'R of $cwfhern =s r-�ei,,)S ; a (7)f S14 -0-1 Y" AJ 1,zi t F F Jx)n puhl ish�-d in �A-ziPP' c -)f !-.)HT('HF�'~;; '�. )tA.t-=.5 (.-.)f NFId YC)F,'K, And t h A t A 1-1 n t: T, i P; c.) f t h e, 1p'!n. 1, e ("I s (7ri itily po.11 n () ct:;v- nf h j J ALBERT M. OVEN NOTARY PUBLIC, STATE CF NEW YORK QUALIFIED Itil OUTCHESS COUNTY 14-8240760 ""'MmISSIGN EXPIRES JUN I NOTICE OFPUbLIC HEARING ADOPTION OF AMENDMENTS TO THE TOWN COMPREHENSIVE PLAN TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a Public Hearing on the 12th dayd May2003,aI7:30PMatftTcwn Hell, 20 Middebush Road, Wqppingar, Now York at which time, all liqrtles In Interest and citizens shall have an op- portunity to be heard as to whether the Town Board of the Town of Wippinger should adopt draft amendments to the To of Wappinger Comprahenaive Plan. wfi -am ants would redas- SOY the recommended land use desig. nation of three contiguous parcels totaE Ing approximately 25.32 acres from in- dustrial to Residential One to Two Acts, which would allow the properties to be. subsequently rezoned to R-40 One. Family.Residence. I PLEASE TAKE FURTHER NOTICE that7own Board has daterminedthallft Proposed Action Is a Type I Action pur- suant to Article 8 of the Environmental ConseniationLAw Part 617NYCRR (rommckr� L 'SEQRAj. PLEASE TAKE FURTHER NOTICE to make its Determination of Significance Pursuant -to SEORA until the (:&�slon' of the Public Hearing to be hold on the adoption of the proposed amarldments. PLEASE TAKE FURTHER NOTICE that a draft of the proposed amgxkrwft will be available for review and Inspec- tion at the of icect the Town Clerk on ws6kdHYsfmm 8:30 AM to 4:00 PM. DATED: April 14, 2003' BY ORDER OF THE TOWN BOARD , OF THE TOWN OF WAPPINGER Gloria Morse, Town Clark RECEIVED MAY - 7 2@13 i TOWN C"LFF, 0290 Poughkeepsie 3ournal Poughkeepsie, N.Y. AFFIDAVIT Of PUBLICATION rNrZT1.,. op PUBLIC, HEARING ADOPTION OF .. AMENDMENTS TO 'THE TOWN COMPREHENSIVE PLAN TOWN OF WAPPINGER NOTICE IS HEREBY GIV- EN-the IVENthe Town= Board of the Town of Wappinger will conduct a Public Hearing on the 12th day of May 2003, at 7;30 p.m. at the Town Hill, 20 Middlebush Road,Wap pinger, New York` at which time, all parties in: interest and citizens shall have- opportunity to be heard as to whether the Town Board of the Town of Wappinger should adopt 'draft amend- ments to the Town of Wringer Comprehensive Plan, ;which amendments would reclassify the recom' mended land use designa- tion of three contiguous ny uraer at me of the.:Town of GLORIA d. Mol Town Clerk Board �0\�o Cj State of New York .l �oQounty of Dutchess Cit;f Poughkeepsie ��WN GLEE 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 for one W s'Afflsively, in each week, commencing on the 28th_ day of April 2003 and thereafter, namely on: And ending on on the following dates day of 2003 ,both days inclusive. Subscribed and sworn to before me this C7 day of t , 2003 Notary Public My commission expires z l� 1UNDA L. RACK NotatY Pzbis;N, Stale Of New York NO. !Q159412 Commi�g)n moires ovember 27, Zoo 5 05/12/2003.WS The Workshop Meeting of the Town of Wappinger was held on May 12, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag. PUBLIC HEARING • Amending the Zoning Law and Comprehensive Plan from Industrial to Residential for Property on Maloney Road. RESOLUTION -2003-142 RESOLUTION OF ADOPTION: AMENDMENTS TO THE TOWN OF WAPPINGER COMPREHENSIVE PLAN The following resolution was moved by Councilman Colsey and seconded by Councilman Bettina WHEREAS, an application known as Nesheiwat was made to the Town of Wappinger Town Board for the rezoning of an 18.5 -acre parcel of land from AI Airport Industry to R-40 One -Family Residence; and WHEREAS, the 18.5 -acre parcel is known as Tax Lot 6259-02-605758 on the Town of Wappinger Tax Assessment Maps and is located on the south side of Maloney Road, approximately 400 feet east of New Hackensack Road in the Al Zoning District (the "Nesheiwat Property"); and WHEREAS, the Town Comprehensive Plan, originally adopted in 1988, and subsequently amended, designates a large area of land north and east of Route 376 and Airport Drive and south of Maloney Road as Industry, including the Nesheiwat Property; and WHEREAS, the proposed rezoning from AI to R-40 would be inconsistent with the recommended land use for the Nesheiwat Property set forth in the Town Comprehensive Plan; and 1 05/12/2003.WS WHEREAS, to enable the proposed rezoning to be considered, it would first be necessary to reclassify the recommended land use for the Nesheiwat Property from Industry to Residential One to Two Acre; and WHEREAS, the Nesheiwat Property was reclassified in 1995 from Conservation Office Park to Industry to "enable the rezoning of the vast majority of this area to AI," permitting a "broader range of uses on smaller, more affordable lots;" and J, WHEREAS, further justification was given at the time for the reclassification based on the "area's proximity to Route 376, the Dutchess County Airport, Airport Business Center Drive and the possible future connection to proposed County Route 11," and the expansion of the Town's non-residential tax -base that the anticipated commercial and industrial development would fuel; and WHEREAS, the formerly proposed Maybrook Railroad/ County Route 11 limited access highway, which was anticipated to spur growth in the northeast corner of the Town, a key rationale for designating the Nesheiwat Property and surrounding area as first Conservation Office Park, and subsequently Industry, is no longer proposed; and WHEREAS, because the Maybrook Railroad/ County Route 11 limited access highway is no longer proposed, the justification for both the Conservation Office Park and Industry designations of the Nesheiwat Property and certain other surrounding properties is no longer as strong, particularly for properties with sole frontage on Maloney Road, of which the Nesheiwat Property is but one; and WHEREAS, the Nesheiwat Property is flanked by two parcels also classified by the Town Comprehensive Plan as Industry a f 0.6 -acre parcel to the east with an existing single-family residence, known as Tax Lot 6259-02-6668000, and a ± 6.22 -acre parcel to the west known as Tax Lot 6259-02-558778, for which a church, currently before the Planning Board, is proposed (the "Adjacent Properties"); and WHEREAS, the Town Board determined that in addition to reclassifying the recommended land use of the Nesheiwat Property to Residential One to Two Acre, that the Adjacent Properties should also at this time be reclassified to Residential One to Two Acre, and WHEREAS, the reclassification of the f 0.6 -acre and the f 6.22 -acre properties would not interfere with present and/or currently proposed uses for either site, nor would the subsequent rezoning of these properties to R-40; and 2 05/12/2003.WS WHEREAS, the proposed Residential land use classifications for both the Nesheiwat Property and the Adjacent Properties are in keeping with the overwhelmingly residential/rural character of Maloney Road; with the residential land uses recommended by the Town Plan for the north side of Maloney Road; and the numerous instances of poor sight distance along Maloney Road, which is a windy, hilly road unsuitable for commercial and industrial uses; and WHEREAS, because of its proximity to the airport, the Nesheiwat rezoning application was referred to the Airport Director of the Dutchess County Airport, and the Director, in a letter to the Planning Board dated 11/25/02, made no objection to the proposed rezoning from Alto R-40, but noting that a "Transitional Slope of 7 to 1 exists off of the sides of the Approach Slope [to runway 241" and that "a portion of the terrain within the subject parcel itself penetrates this Transitional surface... along the most southerly border and along the crest of the hill ... by 20 feet," and recommended that no structures be constructed and that "vegetative (tree) growth" be limited in said portion of the Nesheiwat Property; and WHEREAS, the Town Board has determined that the Town of Wappinger Comprehensive Plan requires updating and correction; and WHEREAS, the Town Board has authorized the preparation of recommended revisions to the Town's Comprehensive Plan; and WHEREAS, the Town Board currently has before it for consideration the proposed revisions to the Town of Wappinger Comprehensive Plan that would reclassify the recommended land use designations of the Nesheiwat Property and the Adjacent Properties from Industry to Residential One to Two Acre, thereby allowing the Nesheiwat Property and the Adjacent Properties to be rezoned to R-40 (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law); and WHEREAS, a public hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town; and WHEREAS, a copy of this Resolution and the public hearing notice were served not less than ten (10) days prior to said public hearing to the municipal clerk of each municipality abutting the Town of Wappinger; and WHEREAS, a copy of this Resolution and the public hearing notice were referred to the Dutchess County Department of Planning and Development 3 05/12/2003.WS for its advisory review more than 30 days prior to action on the proposed amendments pursuant to Section 239-m of General Municipal Law; and WHEREAS, a copy of this Resolution and the public hearing notice were referred to the Town of Wappinger Planning Board for its review and recommendation; and WHEREAS, on March , 2003 the Town Board held a public hearing on the proposed amendments to the Comprehensive Plan at which time all persons interested were given an opportunity to be heard and the hearing was closed on that date; and NOW, THEREFORE, BE IT RESOLVED, pursuant to State Environmental Quality Review Regulations, the Town Board has issued a Negative Declaration regarding the Proposed Action, finding that: • The Proposed Action will not directly result in any physical changes to any properties; • The Proposed Action will not have a significant adverse environmental impact on any Critical Environmental Area (CEA); • The Proposed Action will not have a significant adverse environmental impact on any unique or unusual land forms; • The Proposed Action will not have a significant adverse environmental impact on any water body designated as protected; • The Proposed Action will not have a significant adverse environmental impact on any non -protected existing or new body of water; The Proposed Action will not have a significant adverse environmental impact on surface or groundwater quality or quantity; • The Proposed Action will not have a significant adverse environmental impact on or alter drainage flows or patterns, or surface water runoff, • The Proposed Action will not have a significant adverse environmental impact on air quality; The Proposed Action will not have a significant adverse environmental impact on any threatened or endangered species; • The Proposed Action will not have a significant adverse environmental impact on agricultural land resources; • The Proposed Action will not have a significant adverse environmental impact on aesthetic resources; • The Proposed Action will not have a significant adverse environmental impact on any site or structure of historic, prehistoric or paleontological importance; rd 05/12/2003.WS • The Proposed Action will not have a significant adverse environmental impact on the quantity or quality of existing or future open spaces or recreational opportunities; • The Proposed Action will not have a significant adverse environmental impact on existing transportation systems; • The Proposed Action will not have a significant adverse environmental impact on the community's sources of fuel or energy supply; • The Proposed Action will not have a significant adverse environmental impact as a result of objectionable odors, noise or vibration; • The Proposed Action will not have a significant adverse environmental impact on the public health and safety; and • The Proposed Action will not have a significant adverse environmental impact on the character of the existing community; and thereby finding that no environmental impact statement need be prepared and that the SEQRA process is complete; BE IT FURTHER RESOLVED, that the Town of Wappinger Comprehensive Plan is hereby amended to include the following text; any statements or designations in the Comprehensive Plan which are contradictory are hereby superseded: "The Town Comprehensive Plan, originally adopted in 1988, and subsequently amended, designates a large area ofland north and east of Route 376 and Airport Drive and south of Maloney Road, IND Industry. This designation made sense at a time when it was believed that Maybrook Railroad/County Route 11 would pass through the area and generate a demand for industrially zoned lands and when the market for office space, strong in the 1980s, had waned by the 1990s (the area was originally classified as COP Conservation Office Park). It was expected that the Airport Drive industrial area and the neighboringDutchess County Airport would be a focal point for an active industrial area for both the Town and region. However, the Maybrook Railroad/County Route 11 project is no longer being contemplated removing much of the justification for industrial or commercial uses for the area, especially for properties with sole frontage on Maloney Road. It is therefore recommended that certain portions of this area be reclassified from Industry to Residential land uses. The area to be reclassilied on the Land Use Plan Map from IND Industrial to Residential One Half to One Acre (one 0.6 -acre property) and Residential One to Two Acre(two properties totaling 24.72 acres) is identified on the attached 5 05/12/2003.WS Figure 1. The reclassification would enable the properties to be rezoned from Alto R-40. The rezoning, in turn, would permit and restrict the development of these properties to residential uses. The land use reclassification to residential and the subsequent rezoning to R- 40 of the properties is appropriate for the following reasons It is in keeping with the overwhelmingly residential/rural character of Maloney Road; It is consistent with the residential land uses recommended by the Town Plan for the north side ofMaloneyRoad; Low density residential uses are a more appropriate use for Maloney Road, which is a windy, hilly road with multiple instances ofpoor sight distance; The properties have sole access from Maloney Road and cannot be accessed from Airport Drive; and Low density residential development is more suitable than industrial and commercial uses given the environmental constraints of the properties, i.e. wetlands and slopes. While not currently proposed to be reclassified or rezoned for residential uses, an approximately 25 acre parcel to the east of the Nesheiwat Property and Adjacent Properties, also has sole frontage on Maloney Road. Should this property be developed industrially under Al zoning, access to the site should only occur from Airport Drive and appropriate buffers and setbacks from Maloney Road should be observed to protect the rural and residential character of that road. Consolidation of this lot with one or more surrounding lots that have frontage on Airport Drive maybe appropriate before this lot is developed industrially. It may be desirable, at some future point, to examine whether the land use classification and zoning of this property should be changed to residential as well." The question of adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Nay CHRISTOPHER J. COLSEY voting Aye The resolution is hereby duly declared adopted. RESOLUTION -2003-138 0 05/12/2003.WS RESOLUTION OF ADOPTION: LOCAL LAW No. 7 OF 2003 - AMENDMENT OF THE TOWN OF WAPPINGER ZONING MAP The following resolution was moved by Councilman Valdati and seconded by Councilman Colsey. WHEREAS, an application known as Nesheiwat was made to the Town of Wappinger Planning Board for the rezoning of an 18.5 -acre parcel of land from AI Airport Industry to R-40 One -Family Residence; and WHEREAS, the 18.5 -acre parcel is known as Tax Lot 6259-02-605758 on the Town of Wappinger Tax Assessment Maps and is located on the south side of Maloney Road, approximately 400 feet east of New Hackensack Road in the AI Zoning District (the "Nesheiwat Property"); and WHEREAS, the Nesheiwat Property is flanked by two parcels: a f 0.6 -acre parcel to the east zoned AI, with an existing single-family residence, known as Tax Lot 6259-02-6668000, and a f 6.22 -acre parcel to the west, zoned CC Conservation Commercial, known as Tax Lot 6259-02-558778, for which a church, currently before the Planning Board, is proposed (the "Adjacent Properties"); and WHEREAS, the Town Board determined that in addition to rezoning the Nesheiwat Property to R-40, that the Adjacent Properties should also at this time be rezoned to R-40, and WHEREAS, the rezoning of the Nesheiwat Property and the Adjacent Properties would not interfere with present and/or currently proposed uses for the sites; and WHEREAS, the Town Comprehensive Plan, originally adopted in 1988, and subsequently amended, designated a large area of land north and east of Route 376 and Airport Drive and south of Maloney Road as Industry, including the Nesheiwat Property and the Adjacent Properties; and WHEREAS, the Nesheiwat Property and the Adjacent Properties were reclassified in 1995 from COP Conservation Office Park to Industry to "enable the rezoning of the vast majority of this area to AI," permitting a "broader range of uses on smaller, more affordable lots;" and WHEREAS, further justification was given at the time for the reclassification based on the "area's proximity to Route 376, the Dutchess County Airport, Airport Business Center Drive and the possible future connection to proposed County Route 11," and the expansion of the Town's non-residential tax -base that the anticipated commercial and industrial development would fuel; and WHEREAS, the formerly proposed Maybrook Railroad/ County Route 11 limited access highway, which was anticipated to spur growth in the 7 05/12/2003.WS northeast corner of the Town, a key rationale for designating the Nesheiwat Property and surrounding area as first Conservation Office Park, and subsequently Industry, is no longer proposed; and WHEREAS, because the Maybrook Railroad/ County Route 11 limited access highway is no longer proposed, the justification for both the Conservation Office Park and Industry designations of the Nesheiwat Property and the Adjacent Properties, and the Aland CCzoning of these properties, is no longer as strong, particularly for properties with sole frontage on Maloney Road; and WHEREAS, the land -use designation recommended in the Town Comprehensive Plan for the Nesheiwat Property and the Adjacent Properties was recently reclassified by the Town Board from Industry to Residential One to Two Acre in anticipation of the proposed rezoning to R-40; and WHEREAS, as part of its amendment of the Town Comprehensive Plan and reclassification of the subject properties, the Town Board adopted a negative declaration of significance for the reclassification and the subsequent and rezoning of the subject properties in accordance with SEQR, thereby concluding the SEQR process; and WHEREAS, the proposed R-40 zoning for both the Nesheiwat Property and the Adjacent Properties is in keeping with the overwhelmingly residential/rural character of Maloney Road; with the residential zoning and residential land uses recommended by the Town Plan for the north side of Maloney Road; and the numerous instances of poor sight distance along Maloney Road, which is a windy, hilly road unsuitable for commercial and industrial uses; and WHEREAS, the proposed rezonings are also consistent with the recently reclassified recommended land -uses for the Nesheiwat Property and the Adjacent Properties to residential land uses; and WHEREAS, because of its proximity to the airport, the Nesheiwat rezoning application was referred to the Airport Director of the Dutchess County Airport, and the Director, in a letter to the Planning Board dated 11/25/02, made no objection to the proposed rezoning from Alto R-40, but noting that a "Transitional Slope of 7 to 1 exists off of the sides of the Approach Slope [to runway 241" and that "a portion of the terrain within the subject parcel itself penetrates this Transitional surface... along the most southerly border and along the crest of the hill ... by 20 feet," and recommended that no structures be constructed and that "vegetative (tree) growth" be limited in said portion of the Nesheiwat Property; and 05/12/2003.WS WHEREAS, the Town Board has determined that the Town of Wappinger Zoning Law requires updating and correction; and WHEREAS, the Town Board has authorized the preparation of recommended revisions to the Town's Zoning Law; and WHEREAS, the Town Board currently has before it for consideration the proposed revisions to the Town of Wappinger Zoning Law that would rezone 25.32 acres of land to R-40 One -Family Residence (the "Proposed Action"); and WHEREAS, on April 10, 2003 the Town Board held a public hearing on the proposed amendment to the Town of Wappinger Zoning Map, at which time all persons interested were given an 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 the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. 7 of 2003; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from time to time, are to remain in full force and effect. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Nay CHRISTOPHER J. COLSEY voting Aye The resolution is hereby duly declared adopted. RESOLUTION NO. 2003-139 RESOLUTION AUTHORIZING THE ISSUANCE OF $550,000 SERIAL BONDS FOR THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE ACQUISITION AND INSTALLATION OF COMPUTER HARDWARE AND SOFTWARE AND FURNISHINGS TO BE USED IN CONNECTION THEREWITH TO IMPLEMENT THE TECHNOLOGY MASTER PLAN, OF AND FOR SAID TOWN The following resolution was moved by Councilman Colsey and seconded by Councilman Paoloni. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and 9 05/12/2003.WS 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 class of objects or purposes of paying the cost of the acquisition and installation of computer hardware and software and furnishings to be used in connection therewith to implement the technology master plan, of and for the Town of Wappinger, Dutchess County, New York, including incidental expenses in connection therewith, at a maximum estimated cost of $550,000, there are hereby authorized to be issued $550,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such class of objects or purposes is $550,000, and the plan for the financing thereof is by the issuance of the $550,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five yeas, pursuant to subdivision 89 of paragraph a of Section 11.00 of the Local Finance Law, as each component item of said class has a period of probable usefulness of at least five years under one or more subdivisions 32 or 52 of said paragraph a. It is hereby further determined that he maximum maturity of serial bonds herein authorized will not exceed five years. Section 4. Subject to 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 for the payment of the principal Of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to hprincipal pay t e of and interest on such bonds 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 bonds as the same become due and payable. 10 05/12/2003.WS 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 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 he 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 said 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 for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it 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. The validity of such bonds and bond anticipation notes may be contested only if. 11 05/12/2003.WS 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 10. 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 11. This resolution, which takes effect immediately, shall be published in full in the Poughkeepsie Journal and 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 question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The resolution is thereupon declared adopted. RESOLUTION NO. 2003-140 A RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $175,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY PART OF THE $372,000 ESTIMATED MAXIMUM COST OF THE CONSTRUCTION AND EQUIPPING OF THE RECYCLE CENTER PROJECT OF AND FOR SAID TOWN The following resolution was moved by Councilman Paoloni and seconded by Councilman Bettina. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and 12 05/12/2003.WS 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 part of the cost of the construction of equipping of the Recycle Center Project, of and for the Town of Wappinger, Dutchess County, New York, including incidental expenses in connection therewith, at a maximum estimated cost of $372,000, there are hereby authorized to be issued $175,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $372,000, and the plan for the financing thereof is by the issuance of up to $175,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution, $197,000 funds of said Town previously having been expended for such specific object or purpose. The amount of serial bonds to be issued hereunder shall be reduced by any New York State Department Environmental Conservation Grant hereafter received for said specific object of purpose. Section 3. It is hereby determined that he period of probable usefulness of the aforesaid specific object or purpose is twenty-five years, pursuant to subdivision 6 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to 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 for the payment of the principal of and interest on such bonds 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 bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of 13 05/12/2003.WS said Town a tax sufficient to pay the principal of and interest on such bonds 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 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 said 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 for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it 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. 14 05/12/2003.WS Section 9. The validity of such bonds and bond anticipation notes may be contested only if. 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations 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 he permanent funding of the object or purpose described herein. Section 11. This resolution, which takes effect immediately, shall be published in full in the Poughkeepsie Journal and 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. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The resolution is thereupon declared adopted. RESOLUTION NO. 2003-141 RESOLUTION AUTHORIZING TH ISSUANCE OF $200,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY NEW YORK, TO PAY THE COST OF THE PURCHASE OF VARIOUS EQUIPMENT FOR USE BY THE HIGHWAY DEPARTMENT AND THE RECREATION DEPARTMENT, OF AND FOR SAID TOWN The following resolution was moved by Councilman Paoloni and seconded by Councilman Colsey. IV 05/12/2003.WS WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and 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 class of objects or purposes of paying the cost of the purchase of various equipment for use by the highway department and the recreation department, of and for the Town of Wappinger, Dutchess County, New York, including incidental expenses in connection therewith, at a maximum estimated cost of $200,000, there are hereby authorized to be issued $200,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions o the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such class of objects or purposes is $200,000 and the plan for the financing thereof is by the issuance of the $200,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. Subject to 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 for the payment of the principal of and interest on such bonds 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 bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of 16 F� 05/12/2003.WS said Town a tax sufficient to pay the principal of and interest on such bonds 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 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 he 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 said 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 for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it 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. 17 05/12/2003.WS Section 9. The validity of such bonds and bond anticipation notes may be contested only if. 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations 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 he permanent funding of the object or purpose described herein. Section 11. This resolution, which takes effect immediately, shall be published in full in the Poughkeepsie Journal and 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 question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Aye JOSEPH PAOLONI voting Aye CHRISTOPHER J. COLSEY voting Aye The resolution is thereupon declared adopted. DISCUSSIONS: Tri -Municipal Sewer Phase 3B Planning At this time, 7:40 p.m. Councilman Bettina made a motion that the Town Board and Professionals stay seated for the remainder of the meeting for purposes of discussing the creation of Phase 3B Municipal Sewer District. Seconded by Councilman Valdati There was no other business to come before the board. Councilman Bettina moved to close the meeting, seconded by Councilman Paoloni and unanimously carried. The meeting adjourned at 9:00 p.m. 19 Gloria J. Morse Town Clerk 05/12/2003.WS