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1994-09-26 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER SEPTEMBER 26, 1994 7:30 p.m. 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: Regular meeting Aug. 22, '94 Special Aug. 30, '94 4. REPORTS OF OFFICERS: Sup/Compt. Town Justices Receiver of Taxes 5. U Bldg. Insp. Zoning Adm. Dog Control Officer Receipt of Town Audit Supervisors Tentative Budget given to Town Board by T.Clerk PETITIONS & COMMUNICATIONS a. Carroll Drive residents protesting elimination of Loop Bus Route on Old Hopewell and All Angels b. Requests for return of Escrows from: (1) Chung Jen Chyou, Lot 420, Spring Terrace, $1,000 (2) tRambEr-ta-2_erez_,jr...,_"&..Robinson--Lane, $250. (3) Ram Sajnani, Lot #2 Peter Dr., $4,000. (4) Friendly Motor Cars, Michael Ostrow, Rte 9, #3,768.70 c. Notification of Intent to Renew Liqour Lic. The Clever Hen $ b 01hi d. Hughsonville Fire Dist. recommendation to appoint Peter Muro in vacancy on Fire Prevention Bureau in place of Ronald Andrew e. A. �oberts, Attny to Twn, re: Saadat Drainage Easement f. Request from H. Levenson for himself, the Ping. Bd, & Zng. Bd members to atten NY Planning federation at Nevele Oct. 23-26 g. Term of Raymond Belding, Board of Assessment Review expires 9/30 h. Peter Bona, 24 Kendell Dr., requests "Deaf Child" sign @ Driveway i. J. Paggi, Eng. to Twn, Reports: (1) Wildwood STOP signs (2) Spool Hill Road j. Authorize Assessor to prepare Benefit Assessment rolls for Town Water/Sewer Districts and Improvement Areas k. Resignation of Donald Keller from Planning Bd. - Appoint New Ch. 1. Authorize J. Paggi, Eng. to Twn. to look at drainage basins on Appleblossom Lane m. A. Crosby request for refund from Health Insurance payments n. Accept appraisal by McGrath on Dean Property o. Authorize D. Keller to attend mandatory courses for Certification p. Approve Computor package for Fire Inspector q. approve attendence at schooling for Marlene Mills --r. Request from Recreation for Town Board to Hold a Public Hearing to apply for RECAPTURED FUNDS from Community Development Block Gr S. Request from Wappingers Falls Busines & Professional Assoc. for partial refund of taxes on property in Village t. Communications from R.W. Griesmsmann, Eng., NYSDOT re: mowing Medi u. MEMOS from T. Classey & M. Lieberman requesting partial refund of miscalculated building permit fees 6. COMMITTEE REPORTS 7. BONDS & LETTERS OF CREDIT H. Levenson Report 8. RESOLUTIONS a. Resolution authorizing Supervisor to determine whether Bond Sale shall be "level, or declining" annual Dept Service, for ES Bldg. b. Consider entering into Stipulation on 2 Tax Review cases: Rawls leisure living & Wappingers Falls Trailer Pk. c. Comptroller requests Budget Transfers ,d. AMPA requests waiver of fees for "War Bird Fly -in at Airport 10/1 e. Delegating Resolution-Tri-Municipal-athorizing Sup. to issue Bonds 9. UNFINISHED BUSINESS a. Stotz Trlr Pk- Authorize Attny & Eng. to Twn to proceed with necessary work, & to be at Stotz expense to hook up to Twn. water b. Recreation request for P.O.'s for painting and roof repair 10. NEW BUSINESS -CL-Edgehill Drive Residents request blacktopping around signs at entrance 11. ADJOURNMENT b, it 940926.RGM The Regular Town Board of the Town of Wappinger was held on September 26, 1994 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. SUPERVISOR SMITH called the meeting to order at 7:30 P.M. Present: Constance Smith, Supervisor Joseph Ruggiero, Councilman Robert Valdati, Councilman �4w Joseph Incoronato, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Joseph Paggi, Jr., Engineer to the Town Herbert Levenson, Zoning Administrator Graham Foster, Highway Superintendent The Supervisor asked all to join in the Pledge of Allegiance to the Flag at the commencement of the Meeting. MINUTES The Minutes of the Regular Meeting of August 22, 1994 and the Special Meeting of August 30, 1994 having previously been forwarded to the Town Board, were placed before them for their consideration. COUNCILWOMAN VISCONTI moved that the above stated minutes, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Ruggiero Motion Unanimously Carried REPORTS OF OFFICERS: Reports for the month of August were received from the Supervisor/Comptroller, Town Justices, Receiver of Taxes, Building Inspector, Zoning Administrator, Dog Control Officer. Receipt of Town Audit for 1993, Supervisors Tentative Budget. COUNCILMAN INCORONATO moved to accept the above stated reports and place them on file. Seconded by Mrs. Visconti Motion Unanimously Carried Page 1 940926.RGM Mr. Incoronato asked for discussion after seconding of Officers Reports. He questioned Zoning Administrator Herb Levenson on the abandoned cabins off Osborne Hill Road. They are overgrown with weeds, and perhaps a health hazard, as well as an eye sore. Perhaps the can be checked. Mr. Levenson stated he would check out the property and report back to the Board with his findings At this time The Town Clerk, Elaine Snowden, delivered the Supervisor's Tentative Budget for 1995 to the Town Board. Along with the Tentative Budget, Mrs. Smith passed out the new rating by Moody. The Town went from and A rating to and A-1, and feels it is a good accomplishment, considering the economy. PETITIONS AND COMMUNICATIONS The first item of business was correspondence from Residents of Carroll Drive protesting the elimination of the Loop Bus on Old Hopewell and All Angels Hill Roads. The residents felt it discriminates against the poor and elderly. Especially when the public is being asked to use public transportation. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried On this same note Mrs. Smith requested all the Board Members to send letters to the Bus Company in support of keeping these Routes open. COUNCILWOMAN VISCONTI moved to authorize the Supervisor to also send a letter to our legislators in regard to the proposed elimination of these routes. Seconded by Mr. Ruggiero Motion Unanimously Carried Requests for the return of Escrow funds were received from the Page 2 940926.RGM following: (1) Chung Jeng Chyou, Lot 20 Spring Terrace, $1,000.00. (2) Ram Sajnani, Lot 2 Peter Drive, $4,000.00. (3) Friendly Motor Cars, (Michael Ostrow) Route 9, $3,768.70. COUNCILMAN VALDATI moved to approve the return of Escrow funds to Chung Jeng Chyou for $1,000.00, Ram Sajnani for $4,000.00 and Friendly Motor Cars (Michael Ostrow), for $3,768.70, based on the recommendations of the acting Building Inspector, Mark �kw Lieberman. Seconded by Mrs. Visconti Motion Unanimously Carried Notice of Intent to renew their Liquor Licenses were received from: (1) James P. Torrisi and Pete Kolesar, owners of the Clever Hen Restaurant, 114 Old Post Road. (2) Antonio Licari d/b/a DaNino Restaurant, 41 Middlebush Road. COUNCILMAN VALDATI moved to accept the notices of intent to renew Liquor Licenses from James P. Torrisi and Pete Kolesar, owners of the Clever Hen Restaurant, and Antonio Licara, d/b/a DaNino Restaurant, and place them on file with no comment. %r Seconded by Mr. Incoronato Motion Unanimously Carried Hughsonville Fire District, advised the Board of the appointment of Peter J. Muro to serve on the Fire Prevention Bureau as a replacement for Ronald P. Andrews. COUNCILWOMAN VISCONTI moved to approve the appointment of Peter J. Muro as a member of the Wappinger Fire Prevention Bureau. Seconded by Mr. Incoronato. Motion Unanimously Carried '�Aw Correspondence was received from Al Roberts, Attorney to the Town with Original Copies of the drainage easement obtained from rDr. Saadat. These easements were suppose to have been tendered to the Town when the subdivision map was filed back in the late 1970s. Dr. Saadat was refused a building permit until the Page 3 940926.RGM appropriate easements were conveyed. Also remitted by Dr. Saadat was a check for $36.00 for the recording fee. COUNCILWOMAN VISCONTI moved, based on recommendation from attorney to the Town, Al Roberts, to accept and record, the Saadat drainage easement. Seconded by Mr. Incoronato Motion Unanimously Carried Next, a memo was received from Herb Levenson, Zoning Administrator requesting permission for himself and members of the Planning Board and Zoning Board of Appeals to attend the New York Planning Federation to be held at the Nevele Hotel on Sunday, October 23 through Wednesday October 26, 1994. The costs to be minimal, plus registration fee. COUNCILWOMAN VISCONTI moved to approve the request for Herb Levenson and members of the Planning Board and Zoning Board of Appeals to attend the New York Planning Federation at the Nevele Hotel, the legitimate expenses for Mr. Levenson, to be paid by the New York State Planning Federation. Seconded by Mr. Incoronato Motion Unanimously Carried The term of Raymond Belding as a member of the Board of Assessment Review is to expire on September 30, 1994, and the matter of appointment was placed before the Board. Mrs. Smith informed the Board that she had spoken to Mr. Belding and he wished to be reappointed. She is waiting to receive a letter from him. COUNCILMAN INCORONATO moved to table this reappointment until confirmation is received from Mr. Belding. Seconded by Mr. Ruggiero Motion Unanimously Carried Correspondence was received from Peter Bona of 24 Kendell Road, with a request for a "Deaf Area Child" sign be place in front Page 4 940926.RGM of his driveway. Mr. Foster, Superintendent of Highways notified the Board that the sign was already in Place. COUNCILWOMAN VISCONTI moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Two Reports were received from Jay Paggi, Engineer to the Town. The first report concerned the Wildwood Drive STOP signs. Mr. Paggi reported that he and Mr. Foster field inspected the above street with the intent of assessing whether or not stop signs would be required at the intersection of side streets with the main road (ie: Wildwood Drive). The intersections would be Wildwood Drive with Dennis Road, Wendy Drive, Russ Place, Brian Place and Dana Place. The intersection of Dennis Road already has a STOP sign, and therefore, will not be required. It is his recommendation that the necessary introduction of the Local Law be drawn up and the appropriate Public Hearing be held making these intersection STOP intersections. COUNCILWOMAN VISCONTI moved to authorize the Attorney to the Town Al Roberts, to draw up a Local Law in regard to the STOP signs at the above mentioned intersections. Seconded by Mr. Valdati Motion Unanimously Carried At this time Mrs. Smith brought up a request in behalf of the United Soccer Club. They wish to have Mr. Paggi, Engineer to the Town check out the drainage plan for the Soccer Fields COUNCILWOMAN VISCONTI moved to authorize Mr. Paggi, Engineer to the Town to check out the drainage plan for the Soccer Fields. Seconded by Mr. Incoronato Motion Unanimously Carried The second report concerned Spook Hill Road. As per the Boards Request, Mr. Paggi and Mr. Foster inspected the intersection of Page 5 940926.RGM Mina Drive and Spook Hill Road, and Nancyaleen Drive and Spook Hill Road. They were specifically looking for horizontal and vertical deficiencies in the existing and side roads that resulted in dangerous situations. Just north of the intersection of Spook Hill and Mina Drive there is an existing vertical curve which limits sight distance coming out from Roberts Road and Mina Drive. To alleviate this problem it will require lengthening the vertical curb to acceptable standards. In order to determine what this length would be would require detailed engineering and surveying studies. At the intersection of Nancyaleen Drive and Spook Hill Road there is a horizontal curve with a sub -standard radius. This hampers sight distance traveling from Spook Hill Road onto Nancyaleen Drive in a northerly direction. To solve this problem would require lengthening the radius of the curve along Spook Hill Road as it intersects with Nancyaleen. This would also include obtaining a right-of-way from the property just east of Spook Hill Road at that intersection. Again, the exact dimensions and land requirements could only be specifically known after detailed surveying and engineering is completed. Regardless of what the outcome of the detailed studies would show, it would be a fair statement that the cost of doing either of the above projects would be substantial. The cost for these projects would be in excess of $100,000.00. It is a dangerous situation. Mrs. Smith informed the Board that the Town has been put on " Notice," and according to Al Roberts, Attorney to the Town, once you are on "Notice" you have an obligation to correct the problem. Fund options, including the possibility of using a fund balance or state highway improvement money were discussed. Mrs. Smith felt that this issue can not be put aside, and suggested that it be tabled and taken to a Workshop for further study. COUNCILMAN VALDATI moved to table the Spook Hill Road study and Page 6 take it to the next Workshop. Seconded by Mrs. Visconti 940926.RGM Motion Unanimously Carried A Memo was received from the Comptroller with a request to authorize the Assessor Thomas Logan to prepare the Benefit Assessment Rolls for Town Water/Sewer Districts and Improvement Areas for 1995 Budget from the 1994 rolls. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR CENTRAL WAPPINGER WATER IMPROVEMENT AREA The Town Assessor is hereby authorized and directed to prepare an assessment roll for the CENTRAL WAPPINGER WATER IMPROVEMENT AREA in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Councilman Ruggiero Councilman Valdati Councilman Incoronato Councilwoman Visconti Resolution Duly Adopted Page 7 Aye Aye Aye Aye Aye 940926.RGM The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR OAKWOOD KNOLLS WATER DISTRICT The Town Assessor is hereby authorized and directed to prepare an assessment roll for the OAKWOOD KNOLLS WATER DISTRICT in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR FLEETWOOD MANOR WATER DISTRICT The Town Assessor is hereby authorized and directed to prepare an assessment roll for the FLEETWOOD MANOR WATER DISTRICT in accordance with the following standards: 1. All property within the benefit area shall be assessed. Page 8 940926.RGM 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR TALL TREES WATER IMPROVEMENT AREA The Town Assessor is hereby authorized and directed to prepare an assessment roll for the TALL TREES WATER IMPROVEMENT AREA in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per Page 9 940926.RGM residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR ARDMORE WATER IMPROVEMENT AREA The Town Assessor is hereby authorized and directed to prepare an assessment roll for the ARDMORE WATER IMPROVEMENT AREA in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Page 10 r A' F� 4 940926.RGM Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR NORTH WAPPINGER WATER DISTRICT The Town Assessor is hereby authorized and directed to prepare an assessment roll for the NORTH WAPPINGER WATER DISTRICT in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye �4w Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. Page 11 940926.RGM RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR WAPPINGER CRANBERRY WATER IMPROVEMENT AREA The Town Assessor is hereby authorized and directed to prepare an assessment roll for the WAPPINGER CRANBERRY WATER IMPROVEMENT AREA in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR MYERS CORNERS II WATER DISTRICT The Town Assessor is hereby authorized and directed to r/ prepare an assessment roll for the MYERS CORNERS II WATER DISTRICT in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. Page 12 940926.RGM b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the r assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. ow RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR WAPPINGER PARK WATER DISTRICT The Town Assessor is hereby authorized and directed to prepare an assessment roll for the WAPPINGER PARK WATER DISTRICT in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. %W c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. k d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the Page 13 940926.RGM valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR CENTRAL WAPPINGER SEWER The Town Assessor is hereby authorized and directed to prepare an assessment roll for the CENTRAL WAPPINGER SEWER in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Councilman Ruggiero Councilman Valdati Page 14 Aye Aye Aye 940926.RGM Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR ROCKINGHAM FARMS SEWER DISTRICT The Town Assessor is hereby authorized and directed to prepare an assessment roll for the ROCKINGHAM FARMS SEWER DISTRICT in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR FLEETWOOD MANOR SEWER DISTRICT Page 15 940926.RGM The Town Assessor is hereby authorized and directed to prepare an assessment roll for the FLEETWOOD MANOR SEWER DISTRICT in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR FLEETWOOD MANOR WATER DISTRICT The Town Assessor is hereby authorized and directed to prepare an assessment roll for the FLEETWOOD MANOR WATER DISTRICT in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. Page 16 t Lq 940926.RGM c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR CRANBERRY HILLS WATER DISTRICT The Town Assessor is hereby authorized and directed to prepare an assessment roll for the CRANBERRY HILLS WATER DISTRICT in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within Page 17 940926.RGM the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR MIDPOINT SEWER DISTRICT The Town Assessor is hereby authorized and directed to prepare an assessment roll for the MIDPOINT SEWER DISTRICT in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted Page 18 940926.RGM The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR WATCH HILL SEWER DISTRICT The Town Assessor is hereby authorized and directed to prepare an assessment roll for the WATCH HILL SEWER DISTRICT in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the bow subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption and seconded by Mrs. Visconti. RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR WILDWOOD SEWER DISTRICT The Town Assessor is hereby authorized and directed to prepare an assessment roll for the WILDWOOD SEWER DISTRICT in accordance with the following standards: 1. All property within the benefit area shall be assessed. Page 19 940926.RGM 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the valuation of all property within the benefited area and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All condominiums shall be assessed at one benefit unit. Roll Call Vote: Supervisor Smith Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilman Incoronato Aye Councilwoman Visconti Aye Resolution Duly Adopted The Resignation of Donald J. Keller, as Chairman of the Planning Board was received. COUNCILWOMAN VISCONTI moved to accept the resignation of Donald J. Keller as Chairman of the Planning Board, and appoint William Parsons to fill the vacated position, until December 31, 1994. Seconded by Mr. Incoronato Motion Unanimously Carried The Next item of business on the Agenda is to authorize Jay Paggi, Engineer to the Town to look at Drainage Basins on Appleblossom Lane. COUNCILMAN INCORONATO moved to authorize Jay Paggi, Engineer to the Town and Graham Foster, Highway Superintendent to look at the Drainage Basins on Appleblossom Lane and report back to the Board. Page 20 Seconded by Mrs. Visconti 940926.RGM Motion Unanimously Carried Prior to the vote, Mrs. Smith explained the reason for the study. One of the residents, Mr. Donnelly, of #8 Appleblossom Lane approached her in regards to the large pools of water that 6 gather near his home. There does not seem to be adequate drainage in that area. The next request was received from Amelia Crosby for a refund from her Health Insurance Payments in the amount of $521.40. COUNCILWOMAN VISCONTI moved to authorize the refund of $521.40, and also to Amend Town Policy to read: WE WILL PAY UPON NOTIFICATION WITH DOCUMENTATION. Seconded by Mr. Incoronato Motion Unanimously Carried The next item of business presented to the Board for their consideration was to accept the appraisal by McGrath on the Dean Property. COUNCILMAN VALDATI moved to accept the appraisal by McGrath on the Dean property, and place it on executive session. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence was received from Mark Lieberman informing the Board that Don Keller had been registered to attend the following Code Classes for Certification at the Dutchess County Bureau of Fire Training Center, 348 Creek Road, Poughkeepsie, NY. COURSE 40: Introduction to Code Enforcement Practices: October 17th ----------------------------- 1PM --- 4PM October 18, 19, 20 ----------------------- 9AM --- 5PM COURSE 41: Inspection of existing Structures: December 5th ----------------------------- 1PM --- 4PM December 6, 7, 8 ------------------------- 9AM --- 5PM COURSE 42: Low Rise Residential Construction: January 30 ------------------------------- 1PM --- 4PM (1995) January 31 ------------------------------- 9AM --- 4PM February 1, 2 ---------------------------- 9AM --- 4PM Page 21 940926.RGM COURSE 43: General Building Construction: March 13 --------------------------------- 1PM --- 4PM March 14, 15, 16 ------------------------- 9AM --- 5PM COURSE 44: Administration and Enforcement of NYS Code: April 24 --------------------------------- 1PM---4PM April 25, 26, 27 ------------------------- 9AM --- 5PM COUNCILMAN RUGGIERO moved to authorize Don Keller, Building Inspector, to attend the above mandatory Courses for Certification. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence was received from Mark Lieberman, Fire Inspector RE: Computer Hardware/Software Package. The current software in the Fire Inspectors's Office is inadequate for the applications needed to perform Fire Inspector's work properly. Hardware is outdated and software package and proper hardware is out dated and software package and proper hardware will cost in the neighborhood of $5,000.00. This will bring the Fire Inspector on Line and up to date with his paperwork, inspections and violations. Presently, all Fire Inspector's correspondence and inspection reports are being done manually. The above mentioned package will be a time saver plus all reports will be permanently documented. In addition to this, all data will be easy to retrieve from the updated computer package. COUNCILMAN INCORONATO moved to approve the purchase of a Personal Computer with the following specifications: 200 Megabytes w/hard drive, 33 megahertz microprocessor, 4 Megabytes of ROM and the accompanying software. Seconded by Mr. Valdati Motion Unanimously Carried At this time, SUPERVISOR SMITH had two announcements. The first was to inform the Board that the telephone system at the Town Hall had been hit by lightning, for the second time. She Page 22 940926.RGM spoke to the insurance company, and there is a $1,000.00 deductible. The phone company is writing up paperwork for the insurance company, and the cost. Before anything is done, there will be a workshop. The Second announcement was in regard to the computers in the Zoning Administrator and Building 1 6W Inspectors office. Since 1990 Gertrude McKay, who is a programmer, has been servicing them. Whenever she comes in to service the system another thing goes out. Last Friday Gertrude came in to service the computers, and then nothing worked. In the mean time, she was called to another account, and her husband came in and tried to get the system working again. When questioned by Mrs.Smith, if he knew what he was doing, he replied, "no, I don't." Mr. McKay seemed very indignant and said, "we don't need this account." Mrs. Smith feels, that perhaps the Town should look into other options. The Town does pay a license fee for the use of the software for these computers. After some discussion it was decided that our computer expert, Mr. Incoronato will check around to see what iww else is available and what other municipalities are using. It will be taken to a workshop for further discussion. A request was received from Marlene Mills to approve attendance at a training school. COUNCILMAN VALDATI moved to authorize Marlene Mills to attend the training school. Seconded by Mrs. Visconti Motion Unanimously Carried The next item presented to the Board was a request from the err►' Recreation Committee to hold a Public Hearing to apply for Recaptured Funds from Community Development Block Grant. LThis grant can only be used for an existing job, and Castle Point Recreation Area falls into this category for Construction of rest rooms with handicapped accessibility, along with the Page 23 940926.RGM drilling of a Well and related appurtenances. SUPERVISOR SMITH set the Public hearing for October 11, 1994 at 6:55 at the Town Hall. Correspondence was received from Stanley J. Straub, Chairman of the Business and Professional Association requesting a partial refund on property purchased by the Association, which in turn was transferred to the Village of Wappingers Falls. In their correspondence it was stated that at the time of Closing, of the parcel on 6-12 Mill Street, a check in the amount of $2,200.06, payable to the Receiver of Taxes, was issued by the Association. However, following said acquisition, on August 10, 1994, the Association conveyed the Same referenced parcel to the Village of Wappingers Falls, a real property tax exempt entity. It is their belief that a rebate in the amount of approximately $2,068.00 is due to the Association for County, Town and School taxes paid on this parcel. Al Roberts, Attorney to the Town after conferring with Tom Logan, Assessor responded to the above request by stating that there is no authority to refund any real estate taxes once the tax warrant has been established and the taxes levied. It is entirely irrelevant that he property was acquired by the Association and subsequently transferred to the Village. Similarly, the same principles apply for the forthcoming 1994/1995 school tax and the 1995 land tax. The tax status date is March 1 in each calendar year. The Town Board has already established the assessment roll and authorized the tax warrant. Accordingly, the Village will have to pay the school taxes for 1994/1995 and the state/county and town tax for 1995. If the Taxed are not paid, the County will just acquire same at tax Sale. Taxes that are sent out now, are generated from assessment rolls prepared last year. COUNCILWOMAN VISCONTI moved to authorize the Supervisor to send a letter to the Wappingers Falls Business Professional Page 24 940926.RGM Association, with their decision, denying their request for a rebate in the amount of $2,068.00 paid for County, Town and School Taxes on 6-12 Mill Street. Seconded by Mr. Ruggiero Motion Unanimously Carried The following letter was received from R.W. Griemsmann, Engineer, NYSDOT, responding to Supervisor Smith's letter of August 11, 1994, regarding the Appearance of Route 9 in the Town of Wappinger. Dear Mrs. Smith, Regional Director Albert Bauman has requested I respond to your August 11, 1994 letter regarding the appearance of Route 9 in the Town of Wappinger. Several years ago, due to budget cuts our mowing fleet was reduced to the level where we are barely able to mow our roads once a year. Our new Commissioner, Commissioner Egan, has corrected this situation, but the new mowers won't be available until next year. The median of Route 9 was mowed in June. Once err our other roads are mowed, we plan to cut the median once more time. This section of Route 9 was adopted by the Clever Hen Restaurant under the Adopt -A -Highway Program. We will remind these volunteers of their commitment to pick up litter. I would like to bring to your attention that we also hand swept the median from Meyers Corners Road to Vassar Road. We will continue to do the best job we can with the resources we have. Thank you for your interest in the State Highway System. Sincerely, R. W. Griemsmann Resident Engineer SUPERVISOR SMITH said no work had been done in June and the weeds are taller than she is. People from the firm of Vergilis, Stenger, Lucia & Roberts pulled the weeds that are on the turn, because of poor visibility. Page 25 940926.RGM COUNCILWOMAN VISCONTI moved to authorize the Supervisor to respond to Mr. Griemsmans letter regarding her observations, accept the correspondence and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried The next item placed before the Board for their consideration was a Memo from M. Lieberman, acting Building Inspector requesting partial refund of a miscalculated building permit fee for Mr. Jeffrey Reis in the amount of $64.00. The size of the addition was misstated on his application and therefore Mr. Reis was charged $108.00. for his permit. The fee should have been $44.00 COUNCILMAN RUGGIERO moved to approve the refund for $64.00 to Mr. Reis upon the recommendation of and M. Lieberman, acting Building Inspector. Seconded by Mrs. Visconti Motion Unanimously Carried COMMITTEE REPORTS MR. RUGGIERO reported that the Town Supervisor finally signed the contract for the Tri -Muni Agreement and we are moving forward with construction on Phase I and are going out to Bid. MR. VALDATI spoke to Graham Foster a while back on the conditions of the sidewalks on Route 9 near Ben & Jerry's, Marine Midland Bank Areas. The Sidewalks along that area are covered with sand and grit, from the previous winter. They present a safety hazardous. He was informed by Mr. Foster that maintenance in that area is the responsibility of the Village. Mr. Valdati then attended a Village Meeting, and made them aware of these conditions and was told it was not their responsibility. Mr. Foster said that the Town of Wappingers had agreed to take care of the portion from Mesier Ave to Page 26 940926.RGM Brookside Apartments, and it was not legal to go beyond those areas. The area in question is a Village responsibility. Mr. Valdati suggested that perhaps Mr. Foster can speak to the Village Highway Superintendent, Mr. Marshall on this matter. MR. INCORONATO reported that cost of Dial -A -Ride will remain the same in 1995 as it did in 1994, $19,039 for 1 vehicle, %W scheduled for services five days a week, including gasoline a dispatcher and the vehicle itself. At this time MR. INCORONATO presented a rendering of the Village of Wappinger from the year 1889. It was given to him by Dan Cost, Manager of Communication of Community Relations at IBM Pougkeepsie. The rendering depicts what progress has been made in the area since that time. Hopefully it can be hung in a prominent place. The Board offered their thanks for the lovely rendering. The Town Clerk, Elaine Snowden, was asked to send a letter of appreciation to Mr. Cost for this lovely gift. 6" MRS. VISCONTI had no reports at this time. MRS. SMITH acknowledged a student from Ketcham High School who was in the audience who is participating in government. She also reported on the A-1 rating that the Town had received. Mrs. Smith attended the Retirement Dinner for Melva Laffin, and reported that many people attended and Mel was very appreciative. BONDS AND LETTERS OF CREDIT Mr. Levenson monthly report on the schedule of Bonds and Letters of Credit was received and he also submitted a copy of a letter forwarded to Mr. James Klein, Nicole Farms notifying him that his Letter of Credit in the amount of $213,773.00 was due to expire on 12/15/94 and would have to be replaced with a new letter of credit no later than November 15, 1994. Page 27 940926.RGM Mrs. Smith also reported that Lookout Point subdivision was ready to be blacktopped the next day, which was confirmed by Mr. Foster. Jay Paggi, Engineer to the Town, indicated that he and Mr. Foster would attend the October 11 Workshop Meeting and give a status report on Lookout Point. COUNCILWOMAN VISCONTI moved to accept Mr. Levenson's report of the schedule of Bonds and Letters of Credit and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried RESOLUTIONS The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption, seconded by Mrs. Visconti. A RESOLUTION DELEGATING TO THE SUPERVISOR OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, POWER AND AUTHORITY TO DETERMINE WHETHER BONDS OF SAID TOWN AUTHORIZED BY BOND RESOLUTION DATED JULY 26, 1993, SHALL BE PAYABLE IN A SUBSTANTIALLY LEVEL OR DECLINING ANNUAL DEBT SERVICE MANNER WHEREAS, the Local Finance Law of the State provides that a Town Board may delegate to a supervisor, as chief fiscal officer, certain powers of said finance board with respect to the issuance of obligations of said town; and WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York (the "Town"), has previously delegated to the Supervisor of said Town those powers with respect to the issuance of obligations for the construction of an Emergency Services building to be located on a parcel of Town -owned land adjacent to the Town Hall, at Middlebush Road, in Wappingers Falls, New York, including original furnishing, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, in and for the Town of Wappinger, Dutchess County, New York, authorized by bond resolution dated and duly adopted July 26, 1993, which could then be so delegated pursuant to the provisions of the Local Finance Law; and WHEREAS, on June 20, 1994, the Governor of the State signed into law Chapter 201 of the Laws of 1994 which, among other things, authorizes a substantially level town board or declining to determine to provide for annual debt service on bonds and bond anticipated notes of a town as an alternative to providing that such bonds and bond anticipation notes be amortized in accordance with the so-called fifty percent rule; and WHEREAS, said Chapter authorizes the finance board of a Page 28 940926.RGM town, the town board, to delegate such determination, together with certain other determinations therein provided, to the supervisor of a town, as chief fiscal officer; and WHEREAS, it is now desired to delegate to the Supervisor of the Town of Wappinger, as chief fiscal officer of the Town, such powers; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Pursuant to the provisions of paragraph a of Section 56.00 of the Local Finance Law, the power to determine r► whether to issue bonds and bond anticipation notes having substantially level or declining annual debt service, as provided in paragraph d of Section 21.00 of the Local Finance Law, shall be issued pursuant to bond resolution dated and duly adopted July 26, 1993 for the construction of an Emergency Services building to be located on a parcel of Town -owned land adjacent to the Town Hall, at Middlebush Road, in Wappingers Falls, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, in and for the Town of Wappinger, Dutchess County, New York, is hereby delegated to the Supervisor, the chief fiscal officer of said Town. All other matters relating to such bonds and bond anticipation notes to be issued by said Town and having substantially level or declining annual debt service, including, but not limited to, the power to determine the weighted average period of probable usefulness of the objects or purposes to be included in such bonds or bond anticipation notes, the maximum authorized period or maturity of indebtedness of such object or purposes to be actually sold if such bonds were to be issued with a variable rate of interest, pursuant to Section 54.90 of the Local Finance Law, whether interest on such bonds shall be compounded and payable at maturity or prior redemption, whether such bonds shall be issued as serial bonds, as sinking fund bonds, as term bonds, or any combination thereof, and all other matters which may be delegated pursuant to such Sections, is hereby delegated to the Supervisor of the Town, the chief fiscal officer. Section 2. This resolution shall take effect immediately. The Question of adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Supervisor Smith Aye Councilman Incoronato Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilwoman Visconti Aye The Resolution is hereby duly declared adopted Prior to the Vote, Attorney to the Town, Albert Roberts explained to the Board this is a new piece of legislation which authorizes level debt service payment. It is similar to a Mortgage where payment remains constant throughout the term of the repayment period. This resolution authorizes the Page 29 940926.RGM Supervisor to make that determination, based on consultation with the Towns Bond advisors. The Chair recognized Stanley Straub, a representative of Sloper Willen, who commented that this issue was discussed even before it was a possibility, and, they would feel more comfortable with Level Debt Payments. Communications from Emanuel F. Saris, Attorney for Tax Reviews, for a proposed Stipulation of Settlement between the Town of Wappingers v. Rawls Leisure Living, Inc. and Town of Wappinger v. Wappinger Falls Trailer Park, Inc. were presented to the Board. COUNCILMAN VALDATI moved to authorize Mr. Saris to enter into Stipulation of Settlement for Rawls Leisure Living, Inc. and Wappinger Falls Trailer Park, Inc., as recommended in his letter dated September 14, 1994. Seconded by Mrs. Visconti Motion Unanimously Carried A request was received from Ann E. Buckley, Town Comptroller for the following Budget Transfers: 1) Increase Expenditure Account 8540.40B Storm Clean & Drain $19,033.80 Decrease Reserve for Down Stream Drainage Account 889B $19,033.80 Problem in drainage. Monies to be taken out of reserve for this. 2) Increase Expenditure Acct 1380.40ST Coupon Fees $6,611.00 Increase Expenditure Acct 8110.40ST Administration 2,478.25 Increase Revenue Acct 2402ST Interest Subsidy 9,089.25 To Budget for Bond Expense. 3) Increase Expenditure Account 1450.40A Elections $10,500.00 Decrease Expenditure Account 1450.10A Elections To Pay Election Inspectors not on payroll. COUNCILWOMAN VISCONTI moved to authorize the transfer of funds as requested by Ann Buckley, Town Comptroller. Page 30 Seconded by Mr. Incoronato 940926.RGM Motion Unanimously Carried The next item is an application for a Gathering Permit from the American Museum for the Preservation of Historic Aircrafts for "Wings Over The Hudson Valley" warbird airshow, to be held at the Dutchess County Airport, September 30, October 1 and October 2, 1994. Because the airshow is being funded by the AMPHA, which is a non-profit organization they are also requesting the Town of Wappinger to waive the application fee. Enclosed with the application was a correspondence from the IRS with a determination of Non-profit status. Al Roberts, Attorney to the Town looked over the application for the Gathering Permit and the correspondence received from the IRS, for recognition of exemption. He found everything to be in order. The Bond to cover potential damages to the Town will be covered by the County. At this time, Mrs. Smith introduced Mr. Rose, Director of the Airport, who was representing AMPHA, to answer 1w any questions. COUNCILMAN VALDITI moved to accept the application for the Gathering Permit and authorize waiver of the application fee. Seconded by Mr. Incoronato Motion Unanimously Carried The Following Resolution was offered by COUNCILWOMAN VISCONTI, who moved its adoption, and seconded by Mr. Valdati. A RESOLUTION DELEGATING TO THE SUPERVISOR OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, POWER AND AUTHORITY TO DETERMINE WHETHER BONDS OF SAID TOWN AUTHORIZED BY BOND RESOLUTION DATED MAY 29, 1991, SHALL BE PAYABLE IN A SUBSTANTIALLY LEVEL OR DECLINING ANNUAL DEBT SERVICE MANNER. WHEREAS, the Local Finance Law of the State provides that a town board may delegate to a supervisor, as chief fiscal officer, certain powers of said finance board with respect to the issuance of obligations of said town; and WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York (the "Town"), has previously delegated to the Supervisor of said Town those powers with respect to the issuance o obligations for the construction of transmission facilities to be used in combination with existing sewer trunk Page 31 940926.RGM lines, for the purpose of delivering sewage within Phase One of the Wappinger Sewer Transmission/Treatment Improvement Area to the existing Tri -Municipal pumping station located in the Village of Wappingers Falls for further transmission through existing and proposed facilities to the Tri -Municipal Wastewater Treatment Facility, and the construction of an addition to the Tri -Municipal Wastewater Treatment Facility, for the purpose of treating sewage generated, initially, from Wappinger Sewer Improvement Area No. 1 and the Rockingham Farms Sewer District, with future expansion to be authorized and funded at a late date that will, ultimately treat sewage generated from the entire Wappinger Sewer Transmission/Treatment Improvement Area, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in vim% connection therewith, in and for the Town of Wappinger, Dutchess County, New York, authorized by bond resolution dated and duly adopted May 29, 1991 which could them be so delegated pursuant to the provisions of the Local Finance Law; and WHEREAS, on June 20, 1994 the Governor of the State signed into law chapter 201 of the Laws of 1994 which, among other things, authorizes a town board to determine to provide for substantially level or declining annual debt service on bonds and bond anticipation notes of a town as an alternative to providing that such bonds and bond anticipation notes be amortized in accordance with the so-called fifty per cent rule; and WHEREAS, said Chapter authorizes the finance board of a town, the town board, to delegate such determination, together with certain other determinations therein provided, to the supervisor of a town, as chief fiscal officer; and WHEREAS, it is now desired to delegate to the Supervisor of the Town of Wappinger, as chief fiscal officer of the Town, such powers; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Pursuant to the provisions of paragraph a of section 56.00 of the local finance, the power to determine whether to issue bonds and bond anticipation notes having substantially level or declining annual debt service, as provided in paragraph d of Section 21.00 of the Local Finance Law, shall be issued pursuant to bond resolution dated and duly adopted May 29, 1991 for the construction of transmission facilities to be used in combination with existing sewer trunk lines, for the purpose of delivering sewage within Phase One of the Wappinger Sewer Transmission/Treatment Improvement Area to the existing Tri -Municipal pumping station located in the Village of Wappinger Falls for further transmission through existing and proposed facilities to the Tri -Municipal Wastewater Treatment Facility, and the construction of an addition to the Tri -Municipal Wastewater Treatment Facility, for the purpose of treating sewage generated, initially, from Wappinger sewer Improvement Area No. 1 and the Rockingham Farms Sewer District, with future expansion to be authorized and funded at a later date that will, ultimately treat sewage generated from the entire Wappinger Sewer Transmission/Treatment Improvement Area, including original furnishings, equipment, machinery, appurtenances, and incidental improvements and expenses in connection therewith, in and for the Town of Wappinger, Dutchess County, New York, is hereby delegated to the Supervisor, the chief fiscal officer of said Town. All other matters relating Page 32 940926.RGM County, New York, is hereby delegated to the Supervisor, the chief fiscal officer of said Town. All other matters relating to such bonds and bond anticipation notes to be issued by said Town and having substantially level or declining annual debt service, including, but not limited to, the power to determine the weighted average period of probable usefulness of the objects or purposes to be included in such bonds or bond anticipation notes, the maximum authorized period or maturity of indebtedness of such object or purposes to be actually sold if such bonds were to be issued with a variable rate of interest, pursuant to Section 54.90 of the Local Finance Law, whether interest on such bonds shall be compounded and payable at maturity or prior redemption, whether such bonds shall be issued as serial bonds, as sinking fund bonds, as term bonds, or any combination thereof, and all other matters which may be delegated pursuant to such Sections, is hereby delegated to the Supervisor of the Town, the chief fiscal officer. Section 2. This resolution shall take effect immediately. The Question of adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Supervisor Smith Aye Councilman Incoronato Aye Councilman Ruggiero Aye Councilman Valdati Aye Councilwoman Visconti Aye The Resolution is hereby duly declared adopted. UNFINISHED BUSINESS In regard to the Budget, which was presented to the Town Board earlier in the evening, Mrs. Smith stated there would be no increased taxes in the homestead rate. In Non -homestead, which is commercial, there is a one cent per thousand increase. The next item on the Agenda was in regard to a previous request from the Stotz Mobile Home park to become a tenant in the North Wappinger Water District. It was announced that Mr. Stotz, owner of the Park had recently passed away. Mrs. Smith met with Mr. Stotz's daughter and because of the emergency situation, she indicated she wants to moved forward. She is getting quotes from several contractors to do the water line, and when she receives them, she will notify the Town. Because of the urgency of the situation, authorization is needed for the Engineer to the Town and the Attorney to the Town to be prepared to proceed Page 33 940926.RGM with all the necessary work. COUNCILMAN INCORONATO moved to authorize Attorney to the Town, and Engineer to the Town to proceed with the necessary work, at Stotz's expense, to hook up to Town water. Seconded by Mr. Valdati Motion Unanimously Carried The last item under unfinished business is a Purchase Order resubmitted by Ralph Holt, Chairman of the Recreation Committee, in the amount of $3,000.00 to paint and fix the roof where needed, on the Montfort Road Barn. There were three quotes requested, but only 2 received, Paul Vorndran being the lowest. The third contractor never returned the call, and with the winter coming, time was of the essence. The funds for this are allocated in A-7110.4. The barn had not been painted for a number of years, and painting it this year should protect it for another ten years. COUNCILWOMAN VISCONTI moved to approve the Purchase Order for $3,000.00 payable to Paul Vorndran to paint the barn and fix the roof at Montfort Road. Seconded by Mr. Incoronato Motion Unanimously Carried NEW BUSINESS Correspondence was received from Louis Dicocco, a resident of Edgehill Manor development requesting blacktopping on both sides of the entrance to the Development. Enclosed was a photo of recent beatification to the entrance that several of the residents assisted on. Because the road is maintained by the Town, a request was made to have the entrance blacktopped. The residents wish to extend the road all the way up to the railroad ties. Mr. Foster explained to the Board, that on the surface Page 34 940926.RGM it looks easy. You just can't go in and put blacktop down. The area in question must be excavated first. The new railroad ties will hamper snow removal this winter, and all the bushes are on Town Property. Mr. Foster stated that the original railroad ties were installed when the subdivision was developed many years ago. Mr. Foster will contact Mr. Dicocco and explain what can be done in lieu of the blacktopping, offer some suggestions, and report back to the Board. A suggestion was made, that perhaps, the local newspaper could interview our Town Supervisor and she would inform residents that, beatification and community spirit is recognized, but please, contact the Town before starting any projects. Lastly, correspondence from James Klein concerning completion of Nicole Farms. Due to the fact that All Angels Hill Road work cannot be completed until Central Hudson moves its poles, which was discussed on numerous occasions with Central Hudson, to no avail, there is serious doubt this work will be completed Lo before the Spring of 1995. He proposes the following: Upon satisfactory completion of all site plan work including, but not limited to finishing all roads; curb berms; monuments; as -built survey; trees on completed lots and all paper work satisfactory to the Town Attorney, that the Town Board take over roads and utilities in the Nicole Farms Sub -division. A letter of credit/bond will be agreed upon to complete planting of trees on vacant lots and road widening as per plan of All Angels Hill Road, Kent Road and Cider Mill Loop. Both Mr. Paggi and Mr. Roberts feel that with a performance bond in place, completion of the road is guaranteed. COUNCILMAN VALDATI moved to allow the roads in the Nicole Farms subdivision be dedicated, based on the recommendations of Town Attorney, Al Roberts and Town Engineer, Jay Paggi. Seconded by Mrs. Visconti Page 35 940926.RGM Motion Unanimously Carried COUNCILWOMAN VISCONTI moved to authorize Attorney to the Town Al Roberts, to also include Robin Lane and Kent Road for STOP signs, when he prepares the Local Laws for the Wildwood Drive. STOP signs. Seconded by Mr. Incoronato Motion Unanimously Carried 4 MR. VALDATI reported that on the 22nd of September he attended a meeting of the Lake Committee in the Village. It was very informative. The Committee announced that moneys are possible for grants to be divided among the communities. They are seeking to set up water management districts to assist in non pollution problems, such as soil bank erosion, etc. There seems to be a lot of promise and community support. Mrs. Smith appointed Mr. Valdati as liaison, attend future meetings and report back to the Board. MRS. SMITH announced that the Town of Wappinger received $201,089.00 in state aid, which will be applied to lower our taxes. ADJOURNMENT There was no other business to come before the Board. COUNCILWOMAN VISCONTI moved to adjourn the Town Board Meeting, Seconded by Mr. Valdati, and Unanimously Carried. The Meeting adjourned at 9:05 P.M. Elaine H. Snowden Town Clerk Page 36