1991-07-25 SPM165
A Special Meeting of the Town Board of the Town of Wappinger was
held on July 25th, 1991, at the Town Hall, 20 Middlebush Road, Town
of Wappinger, Dutchess County, New York.
Supervisor Smith opened the Meeting at 6:30 P.M.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Absent:
Robert Valdati, Councilman (On Vacation)
Others Present:
Albert Roberts, Attorney to the Town
This Meeting was set at the Regular Meeting of July 22, 1991 for
the purpose of considering action on Bonding Resolutions, the proposed
Local Law for Exemption of Residency Requirement for Deputy Court
Clerk and the Sofair Easement.
A RESOLUTION AUTHORIZING THE ISSUANCE OF A $57,700
CAPITAL NOTE OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY
NEW YORK, FOR THE PURPOSE OF PARTIALLY RENEWING CAPITAL
NOTES HERETOFORE ISSUED TO PAY PART OF THE CONSTRUCTION
OF DRAINAGE FACILITIES AT VARIOUS LOCATIONS THROUGHOUT
AND IN AND FOR SAID TOWN.
The following Resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption:
WHEREAS, pursuant to a bond resolution dated May 14, 1990
duly adopted by the Town Board of the Town of Wappinger, Dutchess
County, New York, on said date, and pursuant to a $115,400 capital
note certificate of the Supervisor of said Town, dated August 23,
1990 and maturing August 23, 1991, a capital note was issued to
pay part of the construction of drainage facilities at various
locations throughout and in and for the Town of Wappinger,
Dutchess County, New York, for the purpose of protecting the
property within said Town from floods, freshets and high waters,
including incidental improvements and expenses in connection
therewith, and
WHEREAS, It is now desired to authorize the issuance of
$57,700 capital notes of said Town for the purpose of partially
renewing such outstanding notes, NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. For the purpose of partially renewing the
aforesaid $115,400 capital note, there are hereby authorized to
be issued $57,700 capital notes of the Town of Wappinger, Dutchess
County, New York, pursuant to the Local Finance Law.
166
Section 2. Such capital notes shall be sold at private sale
and all further powers in connection with the details and sale
thereof are hereby delegated to the Supervisor in accordance with
the Local Finance Law.
Section 3. It is hereby determined that the period of probable
usefulness of the class of objects or purposes to be financed, in
part, by the issuance of the aforesaid capital notes, is forty years,
pursuant to subdivision 4 of paragraph a of Section 11.00 of the
Local Finance Law.
Section 4. 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 notes as the same
respectively become due and payable.
Section 5. This resolution shall take effect immediately
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays Councilman Valdati --- Absent
Resolution Duly Adopted
The second Resolution was for consolidation of bonds in the amount
of $3,545,000 and included serial bonds previously issued for the
Wappinger Park Water District, improvement of facilities of Fleetwood
Sewer District, Fleetwood Water District, Wappinger Sewer Improvement
Area No. 3, drainage facilities at various locations throughout the
Town, Wappinger-Cranberry Water Improvement Area, Myers Corners II
Water District, North Wappinger Water District.
A RESOLUTION PROVIDING FOR THE CONSOLIDATION, DETAILS
AND SALE OF $3,545,000 PUBLIC IMPROVEMENT (SERIAL)
BONDS, 1991, OF THE TOWN OF WAPPINGER, DUTCHESS
COUNTY, NEW YORK, FOR VARIOUS PURPOSES IN AND
FOR SAID TOWN.
The Resolution was offered by COUNCILWOMAN VISCONTI, seconded by
Councilman Incoronato. (Attached hereto and made part thereof
of the Minutes of this Meeting).
Roll Call Vote: 4 Ayes 0 Nays Councilman Valdati --- Absent
Resolution Duly Adopted
The next item to be addressed was the Public Interest Resolution
in the matter of a proposed Water Improvement in the Town to be
known as Central Wappinger Water Improvement Area No. 2.
The Resolution was offered by COUNCILWOMAN VISCONTI who moved its
adoption, seconded by Councilman Incoronato and unanimously carried.
In the Matter of a Proposed
Water Improvement in the Town of
Wappinger, Dutchess County, New York, PUBLIC
Pursuant to Article 12-C of the Town INTEREST
Law to be Known as Central Wappinger RESOLUTION
Water Improvement Area No. 2
(Attached hereto and made part thereof of the Minutes of this Meeting)
167
The second related item was the Bonding Resolution authorizing the
issuance of serial bonds to pay the cost of the purchase and
installation of the chlorine contact comporstents for -Central Wappinger
Water Improvement Area No. 2.
The following Resolution was offered by COUNCILWOMAN VISCONTI:
A RESOLUTION AUTHORIZING THE ISSUANCE OF $375,760 SERIAL
BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK,
TO PAY THE COST OF THE PURCHASE AND INSTALLATION OF CERTAIN
WATER SOURCE SUPPLY DISTRIBUTION AND CHLORINE CONTACT
COMPONENT'S 'AND THE RELOCATION AND RECONSTRUCTION OF
CERTAIN EXISTING WELL CASINGS TO SERVE A BENEFITTED AREA
IN SAID TOWN TO BE KNOWN AS CENTRAL WAPPINGER WATER
IMPROVEMENT AREA NO. 2 IN AND FOR SAID TOWN..
WHEREAS, pursuant to the proceedings heretofore duly had
and taken in accordance with the provisions of Article 12-C of
the Town Law, and more particularly a resolution dated July 25,
1991, said Town Board has determined it to be in the public
interest to establish the Central Wappinger Water Improvement
Area No. 2 and to complete certain improvements therefor at a
maximum estimated cost of $375,760, and
WHEREAS, the capital project hereinafter described has been
determined to be an Unlisted Action pursuant to the regulations
of the New York State Department of Environmental Conservation
promulgated pursuant to the State Environmental Quality Review
Act, the implementation of which as proposed, the Town Board
has determined will not result in any significant environmental
effects, and
WHEREAS, it is now desired toprovide funding for such
project, NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. For the specific object or purpose of paying
the cost of the purchase and installation of certain water source
supply, distribuiton and chlorine contact components comprised
of pressure piping, gate valves, pipes, pumps, wet taps, control
panels, and other incidental appurtenances and expenses in
connection therewith and the relocation and reconstruction of
certain existing well casings and incidental appurtenances and
expenses in connection therewith, to serve a benefitted area in
said Town, to be known as Central Wappinger Water Improvement
Area No. 2, at a maximum estimated cost of $375,760, there are
hereby authorized to be issued $375,760 serial bonds of said Town
pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the plan for the
financing of said specific object or purpose is by the issuance
of the $375,760 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 specific object or purpose
is forty years, pursuant to subdivision 1 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 the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents,
and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance
Law.
• -�
Section 5. The faith and credit of said Town of Wappinger,
Dutchess County, New York, are hereby irrevocably pledged to
the payment of the principal of and interest on such obligations
as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
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 attested by themanual 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
or she shall deem best for the interests of the Town, provided,
however, that in the exercise of these delegated powers, he or she
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 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 its Supervisor,
providing for the manual countersignature of a fiscal agent or of a
designated official of the Town), the date, denominations, maturities
and interest payment dates, place or places of payment, and also
including the consolidation with other issues, shall be determined
by the Supervisor. It is hereby determined that it is to the
financial advantage of the Town not to impose and collect from
registered owners of such serial bonds any charges for mailing,
shipping and insuring bonds transferred or exchanged by the fiscal
agent, and, accordingly, pursuant to paragraph c of Section 70.00
of the Local Finance Law, no such charges shall be so collected by
the fiscal agent. Such bonds shall contain substantially the recital
of validity clause provided for in Section 52.00 of the Local Finance
Law and shall otherwise be in such form and contain such recitals in
addition to those required by Section 52.00 of the Local Finance Law,
as the Supervisor shall determine.
Section 9. 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 which takes effect immediately
shall be published in full in the Southern Dutchess News, the official
newspaper, together with a notice of the Town Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays Councilman Valdati --- Absent
Resolution Duly Adopted
169
A Public Hearing having been held on July 8th, 1991 by the Town
Board, the matter was placed before the Board for their consideration.
MRS. VISCONTI moved to adopt Local Law #9 of 1991 as follows:
A LOCAL LAW EXEMPTING THE
RESIDENCY REQUIREMENT FOR THE
POSITION OF DEPUTY COURT CLERK
IN THE TOWN OF WAPPINGER JUSTICE COURT
Section 1. Legislative Intent.
The Town Board acknowledges that Section 23(1) of the Town Law
of the State of New York requires every officer of the town at the
time of his appointment and throughout his term of office, to be
an elector of the town. Additionally, Section 3(8) of the Public
Officers Law provides that those persons appointed to non -judicial
positions in town justice courts shall be a resident of such town.
However, by recent amendment to Section 3 of the Public Officers
Law, the State Legislature has exempted the residency requirement
for any position within the office of court clerk in the Town of
Bedford, and specifically exempting a deputy court clerk from the
residency requirements thereof.
Section 10 of the Municipal Home Rule Law of the State of New
York authorizes a town to adopt by a local law for its own purposes,
any statutory provision, amendment or exemption which has been
expressly authorized by the State Legislature for any other named
town, thereby superseding general statutory provisions to the
contrary. Town Law Section 20 also authorizes the Town Board to
appoint a clerk of the court upon the "advise and consent" of the
town justices.
Recently, the Town Board has received a request from the
Town Justices seeking to appoint a person who is a non-resident
to the Town of Wappinger to the position of deputy court clerk.
The Town Justices have noted that they know this person to be a
skilled and qualified person having served in a similar capacity
in another municipality in Dutchess County, New York.
The purpose and intent of this Local Law is to enable the
Town Board to appoint a non-resident of the Town of Wappinger to
the position of deputy court clerk.
Section 2. Exemption of Residency Requirement for Deputy Court
Clerk.
In accordance with the legislative intent noted above the
person or persons appointed to the position of deputy court clerk
of the Justice Court of the Town of Wappinger shall not be
required to be a resident or elector of the Town of Wappinger in
order to hold and serve such position.
Section 3. Severability.
In the event any portion of this Local Law is declared to be
unenforceable by a court of competent jurisdiction, all of the
remaining portions shall continue in full force and effect.
Section 4. Supersession.
This Local Law is intended to supersede any contrary
provisions contained in Town Law Sections 20 and 23, or Public
Officers Law Section 3(8).
This Local Law shall take effect immediately upon adoption
and filing with the Secretary of State as provided by the
Municipal Home Rule Law.
Seconded by: Councilman Fanuele
Roll Call Vote: 4 Ayes 0 Nays Councilman Valdati --- Absent
170
In the matter of the Sofair Easement for the Wappinger Park Water
District, the Attorney to the Town explained that he had received
word from The Sofair's Attorney that they have agreed to the terms
set forth by the Town and he has prepared a resolution for the
Board's consideration which authorizes the Supervisor to sign said
Agreement which grants the easement and reserves certain rights for
the Town and certain conditions. There will be no consideration paid
for the easement, she'll be allowed, she will be allowed to tie into
the water system, the Town will reserve 1,500 gallons of water per
day when she does tie in for a maximum period of (20) years option
and when connected will pay the same rate as the residents, not the
rates required under the Tenant Policy and any improvement other than
the water connection will be her responsibility.
MR. INCORONATO moved to authorize the acquisition of the Sofair
Easement and execution of documents in connection therewith and
authorize the Supervisor to sign the necessary Agreement between
Bertha Sofair and the Town of Wappinger.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN INCORONATO who
moved its adoption:
WHEREAS, the Town Board of the Town of Wappinger, on behalf of
the Wappinger Park Water District, has determined that it is
necessary and essential, as a matter of public necessity and in
furtherance of the public welfare, that an additional well, with
necessary appurtenances, be drilled and installed in order to
continue to provide an adequate supply of potable water to the
residents of the Wappinger Park Water District, and
WHEREAS, a well site has been donated by the owners of the so-
called Hark Plaza, which is adjacent to the Wappinger Park Water
District, and
WHEREAS, the Town Board, on behalf of the Wappinger Park Water
District, and based upon a recommendation from the Engineer to the
Town, Joseph E. Paggi, Jr., that the most appropriate path of
connection from the well site located at Hark Plaza to the
Wappinger Park Water system would be through lands of Bertha
Sofair, and
WHEREAS, the Town Board of the Town of Wappinger, on behalf of
the Wappinger Park Water District, has determined that it is
necessary and essential as a matter of public necessity and in
furtherance of the public welfare to obtain an easement through the
lands of Bertha Sofair in order to lay, install and construct a
water pipe and line to connect a well to be located on lands owned
by Hark Plaza to an existing water line contained in Cayuga Drive,
a street owned and maintained by the Town of Wappinger, and located
within the Wappinger Park Water District.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board of the Town of Wappinger, on behalf of the
171
Wappinger Park Water District, has determined that it is necessary,
essential, a matter of public necessity, and in furtherance of the
public welfare, to obtain an Easement through the lands of Bertha
Sofair for the purposes of constructing and installing a water pipe
and line to connect a well located on lands owned by Hark Plaza
with an existing water line contained in Cayuga Drive, a street
owned and maintained by the Town of Wappinger and located within
the Wappinger Park Water District.
2. The Town Board of the Town of Wappinger, on behalf of the
Wappinger Park Water District, shall acquire and obtain a Permanent
Easement and Right of Way for the purpose of constructing and
installing a water pipe and line with necessary appurtenances for
transportation of drinking water, in, on and over lands owned by
Bertha Sofair, by purchase, gift or pursuant to the powers of the
Eminent Domain Law.
3. The TownBoard hereby determines that it is the only
involved agency in this action, and declares itself Lead Agency
pursuant to Article 8 ECL and the related Title 6, Part 617 NYCRR.
4. The Town Board has caused to be completed a long form EAF
for this project in the form submitted herewith.
5. The Town Board has reviewed the intended action with
respect to the criteria set forth in 617.11 NYCRR, and hereby
determines that the intended action will not create any significent
adverse impacts on the environment, and hereby issues a Negative
Declaration of Significance for this project.
6. The Town Supervisor is hereby authorized to execute SEQRA
forms and further directs the Town Clerk to provide for the filing
and distribution of same as provided by law.
7. Constance 0. Smith, Supervisor, Joseph E. Paggi, Engineer
to the Town, and Albert P. Roberts, Attorney to the Town, are
hereby authorized and directed to perform all acts necessary to
acquire such easements.
8. The Town Board hereby confirms the consideration to be
paid to said Bertha Sofair as set forth in a certain Grant of
Easement for water pipeline andmain, a copy of which is affixed to
this Resolution. The Town Supervisor, Constance 0. Smith, is
hereby authorized to execute said Grant of Easement on behalf of
the Wappinger Park Water District, in substantially the same form
as annexed hereto, and to have said instrument recorded in the
Dutchess County Clerk's Office as expeditiously as possible.
9. Albert P. Roberts, Attorney to the Town is hereby directed
to obtain title insurance in the sum of $ insuring title
to said easement.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays Councilman Valdati --- Absent
There was no other business to come before the Board.
MR. INCORONATO moved to close the Special Meeting, seconded by Mrs.
Visconti and unanimously carried.
The Special Meeting closed at 6:43 P.M.
Elaine H. Snowden
Town Clerk
Spl. Mtg. 7/25/91