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1988-06-20 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING JUNE 20, 1988 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. June 6, 1988 4. REPORTS OF OFFICERS: Sup/Compt. (May) Hydrant report (May) 5. PETITIONS & COMMUNICATIONS a. Dennis Truett re: Angel Brook/Rockingham connecting drainage pipes - potential problem. b. Jos. Mastroianni letter of appreciation re: Sr. Citizens program c Rezoning application from Pete Elder for property located on Rte 376 (Near Diddell) request from R-40 to GB d. Donna Wardlaw, Esq., re: "New Wappinger Regional Option" for Wappinger Wastewater Treatment Facilityies GEIS e. J. Stokes, Dep. Comm. for Historic Preservation -NYS Office of Parks, Recreation & Historic Pres., re: concerns of archaeo- logical sites on adjacent property to Reese Park f. J. Paggi, Eng. to Twn., re: Sewage Pump Station - Pondview 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Request refund of Cash Bond for Curbing - by 22 Associates (Lloyd Home Center - $1,970.00) b. Request refund of overpayment,by Bldg. Insp., for Bldg. permit Fee - refund request of $190.00 to F. Buyakowski c. Vacancy on Planning Board ( Peter Flo ,I1 resignation) d. Consider formation of Myers Corne: Water District e. Consider adoption of 2 Zoning ord:. a...ce amendments f. Introduce Local Law for changes to Flood Plain Regulations 8. UNFINISHED BUSINESS a. Cedar Hill/J. Montfort ROW Taking - Survey -letter from Montfort Attorney 9. NEW BUSINESS 10. ADJOURNMENT Reminder: Two Public Hearings - 7:00 P.M. Myers Corners II Water Dist. 7:15 P.M. Zng. Ord. Amendments (2) The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on June 20, 1988, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the Meeting at 7:40 P.M. Present: Others Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk 192 Thomas Wood, Attorney Joseph E. Paggi, Jr., Engineer The meeting started with the Pledge of Allegiance to the Flag, followed by a moment of silent prayer for our Town and its residents. The Minutes of the Regular Meeting of June 6, 1988, having previously been forwarded to the Board Members, were placed before them for their consideration. MR. VALDATI moved that the Minutes of June 6, 1988, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Farina Motion Unanimously Carried The Supervisor/Comptroller and Hydrant Report were received for the month of May. MRS. SMITH moved to accept the reports and place them on file. Seconded by Mr. Reis Motion Unanimously Carried Petitions & Communications Dennis Truett wrote to the Board concerning a potential drainage problem when future development occurs in the Angel Brook area on All Angels Hill Road. Mr. Paggi had received copy of this correspondence and explained that the connecting pipes that Mr. Truett referred to is between the Angel Brook and Rockingham Farms Subdivisions and if and when future devel- opment takes place it will drain to the culvert; basically he is putting the Town on notice to closely scrutinize this situation if the Angel Hill development materializes. He has noted this and will advise the Planning Board so they are aware of it if they receive an application. Recreation Commissioner Joseph Mastroianni wrote to the Supervisor in response to the Board's thanks to him for his participation in the newly formed Senior Citizen Program in the Town Hall. He, in 193 turn praised Supervisor Paino and Councilman Reis for their efforts on behalf of this program and the gratitude they deserve from the Town's senior citizens. Mrs. Smith added that in addition to the present Supervisor, the former one of many years, Lou Diehl, should be credited since it was his dream to have such a program and he was the instigator of its eventual inception. MRS. PAINO moved to accept this correspondence and place it on file. Seconded by Mr. Farina Motion Unanimously Carried A rezoning application was received from Pete Elder for property located on Route 376 near Diddell Road to change from R-40 to GB. Mrs. Paino noted that this will be discussed at a work shop within the next few weeks. MRS. PAINO moved to receive the application and place it on file pending a future work shop meeting. Seconded by Mr. Farina Motion Unanimously Carried Correspondence was received from Donna Wardlaw, Esquire, regarding the necessity of a Draft Environmental Impact Statement on the New Wappinger Regional Option. Initially Wardlaw Associates indicated that the Town did not need a supplemental D.E.I.S. but they would incorporate it in the F.E.I.S.; after a thorough review they have reversed their original determination and now recommend that a supplemental document be prepared on this option. MRS. PAINO moved to authorize Saratoga Associates to prepare a Supplemental Environmental Impact Statement on the New Wappinger Regional Option. Seconded by Mr. Reis Motion Unanimously Carried At the Board's work shop meeting last week, the question arose on additional costs for the preparation of this document and Mrs. Paino stated that the answer was affirmative. It was also brought up by Ms. Wardlaw and Mr. Bristol that they have exceeded the original amount allowed which was $100,00.00 for the environmental work; as of May 20, 1988, the billing to date was $132,000.00 and an additional amount of $88,000.00 will be required. They requested a resolution from the Town Board approving the total amount of the two figures. 194 MRS. PAINO moved to authorize a maximum of $120,000 for completion of the environmental work on the Wastewater Treatment Facilities Plan, to Saratoga Associates and Wardlaw Associates. Seconded by Mr. Reis Motion Unanimously Carried Although the vote on this motion was unanimous, Mr. Valdati did express concern that a cap of $100,000 was originally set for this work and now that they have overexpended this by $32,000 the Town Board is giving them the vehicle to allow the expenditure. He questioned who authorized this overage and Mrs. Paino responded that noone gave the authorization, the bills just kept coming in and they now amount to that sum. Mrs. Smith joined the discussion and pointed out that at the work shop meeting, Mr. Bristol stated that to date he has received $132,000; she felt the Comptroller should be the watch dog and make sure when a cap is put on an expenditure, it should be adhered to and not allowed to go over that amount without consulting with the Town Board. She suggested that he should be instructed to watch these figures much closer since it is turning out to be a tremendous amount of money being spent. Mrs. Paino agreed that the cap should not be exceeded, however her recollection of Mr. Bristol's statement was that the billing was $132,000, not that this was the amount received. Mrs. Smith differed with this interpretation, insisting that this amount was paid. Regardless of this, they both agreed that the Comptroller should be the watch dog of the finances and keep a close count of items that have a cap put on them. On a related matter, Mrs. Paino noted that she has been attempting to set up a meeting with the Tri -Municipal Commission through the Attorney; it was finally agreed to meet on June 23, 1988 at the Town Hall, however, after communicating with the Commissioners they recommended that the Town Board meet with them on that date at 5:30 P.M. to tour the plant and a meeting following the tour. It was Mrs. Paino's opinion that this meeting should be held at the Town Hall since it involves our residents and their money and it would be more convenient for them. Furthermore, it would be more familiar surroundings for them and they will be welcome to listen to the discussion and comment and/or question any of the items that come up. MRS. PAINO moved that the Town Board tour the Tri -Municipal Sewer Plant on June 23, 1988 at 5:30 P.M. and at 7:30 P.M. on that day, hold a work shop meeting with the Tri -Municipal Commission at the 195 Town of Wappinger Town Hall. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino requested that a letter be forwarded to the Tri -Municipal Commission indicating the action taken by the Town Board relating to the tour at 5:30 P.M. on June 23, 1988 and work shop at 7:30 at this Town Hall. Another related matter was a letter from Julia Stokes, Deputy Commissioner for Historic Preservation, New York State Office of parks, Recreation and Historic Preservation regarding their concerns of archaeological sites on adjacent property to Reese Park which pertains to the new alternate for the Wastewater Treatment Facilities Plan. MRS. PAINO moved to receive this communication and place it on file. Seconded by Mr. Reis Motion Unanimously Carried Since the Town Board has authorized Saratoga Associates to prepare a Supplemental Environmental Impact Statement on the new option, a change of schedule for the SEQR process will be required. MRS. PAINO moved to accept the following schedule which will supercede any previous schedule: Supplemental DGEIS Submitted Supplemental DGEIS Adequacy & Completeness Determined Supplemental DGEIS Forwarded to NYSDEC & Other Involved Agencies Hearing on Supplemental DGEIS Comment Period Ends FGEIS Submitted FGEIS Completeness Determined FGEIS Forwarded to NYSDEC & Other Involved Agencies Hearing on FGEIS Comment Period Ends Agency Findings Seconded by: Mrs. Smith Roll Call Vote: 5 Ayes 0 Nays July 6, 1988 July 7, 1988 July 8, 1988 July 25, 1988 August 8, 1988 August 29, 1988 August 30, 1988 August 31, 1988 Sept. 8, 1988 Sept. 12, 1988 Sept. 19, 1988 196 The following letter was received from the Engineer: June 7, 1988 Mrs. Irene Paino, Supervisor 20 Middlebush Road Wappingers Falls, N.Y. Reference: The Sewage Pump Station Pondview Dear Irene: I am in receipt of a letter from the Dutchess County Health Dept. regarding the above Pump Station. As you know, the Town has taken over this Pump Station and is responsible now for the ownership and operation of the Pump Station. Please also be advised that Dare Fitzpatrick of Camo has advised me that the Pump Station is mechanically in sound operating condition at the present time. For your information, the major stumbling block for the Town taking the Pump Station over was the infiltration/inflow into the pump station causing it to malfunction during times of rain. We are in receipt of two engineer's reports showing the flow generated in wet and dry weather to be the same. It was upon receipt of this and only at that time that the decision for recommendation from this office was made for the pump station. I would be more than happy to meet with Mr. Napoli of the Health Department to discuss this situation. If I can be of further assistance, please do not hesitate to contact me. Very truly yours, s/ Joseph E. Paggi, Jr. Mrs. Paino noted that complaints were received from Mr. Hussain, resident of the area where the pump station is located, after the pump station was accepted by the Town and it was supposedly operating with no problems. Camo Pollution Control was alerted and inspected the equipment and corrected a malfunction. Mr. Paggi added that the pump malfunctioned the weekend following the Town ownership causing the alarm to go off with considerable noise; the broken equipment was replaced and everything has been working properly since then. Mr. Marlow of the Dutchess County Health Department visited the site with Mr. Paggi and was satisfied with the performance of the mechanism; he also indicated that Mr. Hussain stated that the pump appears to be operating better since the Town took it over. Mr. Marlow was advised that Camo will monitor the pump on a daily basis and report all malfunctions to that department and any corrective action that they are required to perform. Mr. Hussain had previously requested that the pump station be moved away from his home or be placed underground, however, in Mr. Paggi's opinion it would be cost prohibitive to the district for either of these alternates. He has had further thoughts on improving the condition that Mr. Hussain has to live with and if the Board wishes, he will forward these recommendations to them. The 197 main complaint is not only the noise but the fact that at times when the pump does malfunction, Mr. Hussain's check valve also malfunctions and sewerage winds up in his basement. MRS. PAINO moved to authorize the Engineer to prepare a report and recommendations to the Board regarding the alleviation of Mr. Hussain's problem with the Pondview Pump Station. Seconded by Mr. Farina Motion Unanimously Carried Notification of intent to renew their Liquor License was received from Waldbaums Supermarkets. MR. REIS moved to receive this correspondence and place it on file with no comment. Seconded by Mrs. Smith Motion Unanimously Carried Committee Reports --- Mr. Valdati ---, Highway Safety, spoke of the dumpster program at the Highway Garage this previous Saturday which allowed the residents to dispose of their bulk junk items; he was present in the morning and observed several unsafe practices. Traffic was backed up to the Mexican Restaurant on Old Hopewell Road and cars were not able to turn properly; there were too few law enforcement people to control the problem; also creating confusion were the residents who were bringing their kitchen garbage to the Saturday Morning Garbage Program and trying to break into the lines near the Highway which was not appreciated by those who were waiting for a long time. He noticed also that no ID's were required so actually anyone could have brought their items to this location whether they were residents or not. The general feeling of the people in line was not one of satisfaction and there were some who apparently got tired of waiting in line or didn't even bother to wait, they just dumped their debris along the road. It appears to him that their request to Mr. Croshier to place dumpsters at various locations throughout the Town and provide a front end loader to pick up the bulk items would have been more beneficial to our residents. This Saturday program proved to be insufficient, as far as he was concerned. Mr. Reis spoke of complaints received over the past few weeks from residents in Fleetwood on low water pressure or no water at all. Camo 198 Pollution Control has investigated and found that the water consumption has doubled in the past few weeks. At their recommendation notices will be sent to the Fleetwood residents requesting that they conserve their water inside and no water to be used outside for swimming pools or washing cars, etc. Mrs. Paino added that about li years ago a work shop was held with the Fleetwood residents to discuss the sulphur content in the water and also the same problem they are now experiencing of low pressure or no water in the warm weather. This is also a result of the fact that the storage tank that was installed in the system many years ago is inadequate, holding a capacity of only 20,000 gallons a day. The normal usage is 30 to 40,000 gallons per day and during warm weather increases to 80 to 85,000 gallons per day. Based on this, Mr. Paggi recommended the installation of a second storage tank and at that time they took a straw poll vote and the majority indicated they did not want to incur such an expenditure. It appears from the number of complaints received by both Mrs. Paino and Mr. Reis at their offices and homes, that it is time for another work shop meeting with the Fleetwood residents to discuss this situation, and Mrs. Paino scheduled this for July 7, 1988 at 8:00 P.M. with the Town Engineer and Mike Tremper of Camo Pollution Control. The Engineer was requested to update the previous report regarding the present day cost of installing a new storage tank. Mrs. Paino had comments on the summer cleanup that was conducted at the Highway Garage and noted that she had received several calls over the weekend from residents who were distressed over the fact that there would be no pickup and echoed the same statements made by Mrs. Paino, Mr. Reis and Mr. Farina when they requested the Highway Superintendent to conduct a pickup and he refused. Complaints also came in that the trucks and cars were turned away at 1 P.M. instead of keeping it open until 2 P.M. as stated in the press. Mr. Farina was present and did some negotiating to keep the gates open until the designated time. She mentioned, as did Mr. Valdati that the lines extended down nearly to Old Hopewell Road and the waiting time was about two hours. There was a release in the paper this week, apparently by the Highway Superin- tendent that the dumpsters would also be available to the residents next Saturday, June 25, 1988, although the Town Board had no official word of this fact. Mrs. Paino thought he should make them available 199 one or two days a week even if it is evening hours and also consider our residents in the southern tier of the Town and have similar arrangements in Chelsea. Mrs. Paino indicated that she has not given up hope of having a door to door pickup throughout the Town and has had discussion with the Attorney relating to this. MRS. PAINO moved to direct the Attorney to the Town to contact Richard Blair, Regional Field Representative for the C.S.E.A. indicating that it is the intent of this Town Board to ask the Highway Employees to conduct a pickup in the Town using the Town highway equipment. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino added that this work could be done in the evening hours and/or on Saturdays if the men were interested and the pay rate would be time and one-half. The Town has budgeted $150,000 for cleanup and could not exceed that amount; also the cost of the Saturday dumpsters would have to be taken from that amount. the the and equipment actually belonged to the men were willing to do the pickup provide the service they deserve. It was taxpayers her contention that of the t would help out This is intended Town and if our residents only for the large appliances and items that cannot be handled by the ordinary person; the dumpsters, if this program continues, will be for the small items that people can manage to transport on their own. MR. VALDATI moved to forward a letter to the Highway Superintendent to make sure they are checking I.D.'s of the people disposing of their junk items, to make sure residents of this Town. Seconded by Mrs. Smith we are providing this service for just the Motion Unanimously Carried MRS. PAINO moved to forward a letter to Howard Erichsen, General Manager of U. S. Cablevision thanking him for the free installation of the Senior Citizen's Television, also free hookup and waiver of monthly charge. Seconded by Mr. Reis Motion Unanimously Carried 200 Mr. Farina reported that he has been informed that the Dutchess County Disaster Preparedness will be holding a seminar on hazardous waste on Friday, June 24, 1988 at 1:00 P.M. The Town Board has been invited and if they desire to attend, a reservation must be made prior to that date. Mrs. Smith reported that she had attended a Town meeting, as a delegate for Dutchess County, for the Bicentennial of the Ratification of the Constitution. They elected delegates for the next convention which will be held at the Court House on July 26, 1988. She found the meeting to be very interesting and commented on one woman who was very upset that there were not enough woman delegates for this meeting. Mrs. Smith, Dial -A -Ride, meeting on June 29, 1988 which she did not attend as she was not aware of it. It is her understanding that their biggest problem is whether the County should operate the buses or should they contract with an outside firm. There are two schools of thought on this decision since they apparently had problems when they contracted previously. Resolutions --- A Memo was received from the Zoning Administrator requesting the return of a Cash Bond in the amount of $1,970.00 to 22 Associates, (Lloyds Home Center) for the completion of additional curbing. The work has been done to his satisfaction and he recommended that the money be released. MR. VALDATI moved to approve the release of $1,970.00 Cash Bond to 22 Associates, at the recommendation of the Zoning Administrator. Seconded by Mrs. Smith Motion Unanimously Carried Mr. Thomas Classey, Building Inspector, requested the return of ‘ope $98.00 to Frank Buyakowski which represents an overpayment on his Building Permit. LMR. VALDATI moved to return $98.00 to Frank Buyakowski, G.P. Contrail Assoc. due to overpayment of his Building Permit, as requested by Mr. Classey. Seconded by Mrs. Paino Motion Unanimously Carried Correspondence was received from both the Zoning Administrator and the Highway Superintendent regarding completion of driveways on 201 various lots in Kendell Farms; the situation was confusing in that the officials did not conform in the numbers on the lots that were actually completed to their satisfaction. The developer was requesting return of $250.00 deposit for each lot that was completed, therefore the Board needed clarification on these numbers. MRS. PAINO moved to table action on this matter for further clarification Seconded by Mr. Farina Motion Unanimously Carried A vacancy existed on the Planning Board due to the resignation of Peter Howell. A recommendation had not been received from the Planning Board to this date. MRS. PAINO moved to table this appointment pending a recommendation from the Planning Board. Seconded by Mr. Farina Motion Unanimously Carried A Public Hearing having been held on the formation of the Myers Corners II Water District on June 20, 1988 by the Town Board, the matter was placed before them for their consideration. Following the Hearing, the Attorney for the applicant, Edward vK Cunningham, read verbatim and submitted to the Town Clerk, the Short Environmental Assessment Form and the Negative Declaration on this application, pursuant to New York State Environmental Quality Review Act. MRS. PAINO moved to propose the Establishment of the Myers Corners II Water District as an unlisted action as defined in N.Y.C.R.R. Section 617.2. Seconded by Mr. Valdati Motion Unanimously Carried The following resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that the Town Board has identified no other involved agency as defined in N.Y.C.R.R. Section 617.2 in connection with the proposed establishment of the Myers Corners II Water District. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by SUPERVISOR PAINO who moved its adoption: A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO THE PROPOSED CREATION OF A WATER DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO BE KNOWN AS MYERS CORNERS II WATER DISTRICT, AND FURTHER APPROVING SAID CREATION AND THE ACCEPTANCE OF THE IMPROVEMENTS PROPOSED THEREFOR. (The Resolution in attached hereto and made part thereof of the Minutes of this Meeting). A Public Hearing having been held on June 20,1988 on two Amendments to the Zoning Ordinance relating to Section 711. Fees, and Section 712. Clerks, the matter was placed before the Board for their consideration. Since a recommendation had not been received from the Dutchess County Department of Planning, the Town Board could not take action at this time. MR. VALDATI moved to table consideration of the Amendments to the Zoning Ordinance to the next meeting. Seconded by Mrs. Paino 11 iii iii 1 1 202 Motion Unanimously Carried A request was received from the FEderal Emergency Management Agency to amend our Local Law on Flood Damage Prevention to change the date of the Flood Insurance Study. Mrs. Snowden noted that the Local Law already reflected the proper date and it was quite possible that their copy had not been conformed properly. They would be notified that this has been taken care of and a proper copy forwarded to them. The Town has received a Right -of -Way Deed from Craig O'Donnell on Wheeler Hill Road for highway improvements. The Attorney and the Engineer have approved the deed for proper form and content and the Highway Superintendent has recommended that the Town Board accept the deed. MR. REIS moved to accept the Right -of -Way Deed from Craig O'Donnell on Wheeler Hill Road. Seconded by Mrs. Smith Motion Unanimously Carried The Engineer explained that providing this right-of-way to the Town was a requirement of Mr. O'Donnell's subdivision approval in the event the Highway Superintendent felt it would be necessary to straighten the curve in that area. 203 Unfinished Business --- Correspondence was received from Attorney Albert Roberts representing John Montfort relating to a right-of-way taking on his property on Cedar Hill Road. It appears that Mr.Montfort agrees to transfer the needed land, however prior to relinquishing the land he would like to view a survey map and requires that the property be fenced along the common boundary at the Town's expense. The Attorney to the Town has discussed these items with Mr. Roberts and pending a further discussion with his client, will contact Mr. Wood on any additional comments or questions they may have. The Engineer to the Town has requested clarification of their request for a fence and is waiting for a response to his letter regarding this issue. MRS. SMITH moved to table action on this matter for further information. Seconded by Mr. Farina Motion Unanimously Carried Bids were advertised for the 1979 Concord and scheduled to be opened on the 15th of June, 1988, however no bids were received for the vehicle. MR. REIS moved to dispose of the car through the fire companies or junking it within a two week period. Seconded by Mrs. Paino Motion Unanimously Carried The Town Clerk informed the Board that she had received three copies of the Dutchess County Notice of Completion of the D.E.I.S. and Notice of Hearing on County Road 11, Maybrook Line and they are available for anyone wishing to review them. New Business --- Mr. Farina had previous conversation with a resident who wished to donate a flag to the Town and since Independence Day is approaching, felt it appropriate to present it to the Town at this meeting. It was given to Mr. Farina over the weekend with the request that he read the following letter: June 18, 1988 Dear Irene: Not withstanding McDonald Park (which is actually located in the Village of Wappingers Falls), I believe that the Wappinger Town Hall should also fly a POW/MIA Flag to indicate to passersby that the Town of Wappinger's residents and its administration, still remember. And what a more fitting day to raise a flag in their honor and remembrance than July 4, which not only indicates our continued independence, but now, the rightfully due independence of our POW's and accountability of our MIA's. In this regard, I present to the Town of Wappinger a 3'x5' all weather POW/MIA Flag to be flown at our Town Hall until all are home or accounted for. I trust that you and the Town Board will agree that Wappinger, as other towns have done, must proclaim that we have not forgotten either. In the trust that we are, under God, indivisible, I submit to the Town Officials, this decision. Sincerely, libre s/ Richard S. Clark 79 Scott Drive Town of Wappinger New York Mrs. Paino appreciated this gesture and requested the Town Clerk to forward a letter of thanks to Mr. Clark, on behalf of the Town Board. There was no other business to come before the Board. MR. REIS moved to adjourn the meeting, seconded by Mrs. Smith and unanimously carried. The meeting adjourned at 9:20 P.M. Reg. Mtg. 6/20/88 Elaine H. Snowden Town Clerk 204 Q1/12 At a Regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 20th day of June, 1988, at 7:00 o'clock P.M., Prevailing Time. The meeting was called to order by Supervisor Irene Paino, and upon roll being called, there were PRESENT: ABSENT: Supervisor Irene Paino Councilman Vincent Farina Councilman David Reis Councilwoman Constance Smith Councilman Robert Valdati None The following resolution was offered by Supervisor Paino , who moved its adopted, seconded by Councilman Reis' , to wit: RESOLUTION DATED JUNE 20, 1988 A RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO THE PROPOSED CREATION OF A WATER DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO BE KNOWN AS MYERS CORNERS II WATER DISTRICT, AND FURTHER APPROVING SAID CREATION AND THE ACCEPTANCE OF THE IMPROVEMENTS PROPOSED THEREFOR. WHEREAS, a petition dated February 26, 1986 has been duly presented to the Towr} Board of the Town of Wappinger, with the necessary map and plan attached thereto according to law, requesting that a water district, as hereinafter described, be created in the Town of Wappinger, and WHEREAS, said Town Board duly adopted on the 16th day of May, 1987, a resolution reciting in general terms the filing of said petition, the boundaries of the proposed district, the improvements proposed, the maximum amount proposed to be expended for the improvement, and specifying that said Town Board shall meet at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 20th day of June, 1988 at 7:00 o'clock P.M., Prevailing Time, to hear all persons interested in the subject thereof concerning the same, and WHEREAS, certified copies of said resolution were duly published and posted according to law, and said Town Board did, at the time and place specified in said resolution, duly meet and consider the matter of the creation of said water district, and heard all persons interested in the subject thereof who appeared at such time and place concerning the same, and WHEREAS, the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger that it is hereby determined as follows: (1) The aforesaid petition is signed and acknowledged as provided by law and is otherwise sufficient. (2) That all of the property and property owners within the proposed water district are benefited thereby. (3) That all of the property and property owners benefited are included within the proposed water district. (4) It is in the public interest to create the proposed water district as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve the creation of a water district to be known as Myers Corners II Water District, to be bounded and described as set forth in Schedule A attached hereto and made a part hereof, and be it FURTHER RESOLVED, that the following improvements in said district be constructed upon the required funds being made available or provided for: The existing construction of the water works and the location thereof, including water mains, distributing pipes and a pumping station, which shall be approved by the Town Board at a maximum estimated cost of Zero (0) Dollars; and be it 2 FURTHER RESOLVED, that the Town Clerk of the Town of Wappinger is hereby authorized and directed to file a certified copy of this resolution, in duplicate, in the office of the State Department of Audit and Control, at Albany, New York, within ten (10) days after the adoption of this resolution. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Irene Paino Councilman Robert Vaidati Councilman David Reis Councilwoman Connie Smith Councilman Vincent Farina VOTING AYE VOTING AYE VOTING AYE VOTING AYE VOTING AYE The resolutions were thereupon declared duly adopted. ti SCHEDULE A All that parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York bounded and described as follows: Beginning at a point in the northwesterly line of lands now or formerly of Pizzagalli Development Company, being a stone wall, said point being the northeast corner of lands now or formerly of Sherman and being S34° -55' -05" E 3.61 feet from an iron pipe found, thence along said northerly line of lands now or formerly of Sherman, 1. North 67° -47' -10" West 309.83 feet to a point on the easterly side of a private road, thence along the northerly end of said private road, known as Four Fields Court; 2. North 67° -47' -10" West 50 feet to a point on the north- westerly corner of said private road, thence along the westerly side of said private road; 3. South 22° -12' -50" West 137.68 feet to an iron pipe found being the northeast corner of lands now or formerly of Levine, thence along the northerly line of the lands now or formerly of Levine; 4. North 71° -15' -10" West 377.00 feet to the northwest corner of lands now or formerly of Levine said point also being in the east line of lands now or formerly of WVC Realty Corp., thence along the last mentioned line and along the east line of lands now or formerly of MacDonald the following 8 courses (the first 7 courses being along a stonewall); 5. North 21° -42' -57" East 56.27 feet, 6. North 24° -10' -07" East 74.25 feet, 7. North 22° -10' -35" East 20.85 feet, 8. North 24° -55' -02" East 100.37 feet, 9. North 15° -40' -33" East 344.38 feet, 10. North 13° -45' -47" East 64.00 feet, 11. North 22° -26' -35" East 26.75 feet to a point being the end of said stonewall, 12. North 20° -25' -03" East 34.66 feet to the end of a stonewall on the south line of lands now or formerly of WVC Realty Corp., said point being approximately 25 feet north from an old spring, thence along the last mentioned line the following 28 courses; (the first 19 courses being along a stonewall), 13. North 70° -41' -44" East 18.16 feet, 14. North 61° -58' -52" East 29.82 feet, 15. North 49° -20' -21" East 21.61 feet, 16. North 32° -34' -42" East 22.66 feet, 6 17. North 45° -49' -39" East 41.59 feet, 18. North 22° -14' -59" East 15.34 feet, 19. North 1° -05' -25" East 13.20 feet, 20. North 23° -03' -00" West 120.73 feet, 21. North 6° -32' -19" West 79.65 feet, 22. North 11° -54' -32" East 129.75 feet, 23. North 11° -12' -43" East 43.87 feet to an iron pipe found in a stonewall corner, 24. North 68° -08' -23" East 19.37 feet, 25. North 65° -34' -50" East 70.00 feet, 26. North 68° -04' -35" East 50.84 feet, 27. North 69° -10' -11" East 59.21 feet, 28. North 71° -27' -15" East 61.21 feet, 29. North 70° -52' -40" East 41.90 feet, 30. North 65° -49' -48" East 34.41 feet, 31. North 70° -27' -12" East 53.29 feet to a point near the end of said stonewall, thence leaving said stonewall, 32. South 24° -35' -27" East 127.89 feet to an iron pipe found, 33. South 76° -03' -35" East 99.61 feet to an iron pipe found, 34. North 50° -38' -12" East 142.90 feet to a point at the beginning of a stonewall and continuing along said stonewall, 35. North 47° -27' -39" East 38.92 feet, 36. North 57° -42' -51" East 34.89 feet, 37. North 46° -05' -01" East 55.78 feet, 38. North 45° -27' -22" East 19.90 feet, 39. North 52° -39' -41" East 36.04 feet, 40. North 65° -20' -19" East 11.49 feet to a point on the west line of lands now or formerly of Humeston, thence along the last mentioned line being along a stonewall the following 3 courses; 41. South 18° -53' -44" East 132.38 feet, 42. South 19° -37' -46" East 162.49 feet, 43. South 21° -28' -01" East 169.27 feet to a concrete monument found, thence along the west line of lands now or formerly of Central Hudson Gas & Electric Corp. being along a stonewall the following 2 courses; 44. South 19° -40' -10" East 129.76 feet, 45. South 21° -24' -40" East 175.92 feet to a concrete monument found, thence along the west and northwest lines of lands now or formerly of Pizzagalli Development Company and along a stonewall the following 3 courses; 46. South 19° -52' -20" East 103.08 feet, 47. South 43° -54' -40" West 545.04 feet, 48. South 44° -06' -20" West 397.41 feet to the point of beginning. Containing 29.5896 acres of land more or less. Bearings refer to Liber 1563 Page 158, lands now or formerly of Pizzagalli Development Company. 7 • 1 STATE OF NEW YORK ) )ss.: COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DO HEREBY CERTIFY: That I have compared the foregoing copy of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on the 20th day of June, 1988, with the original thereof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: Notice was sent to the News Media on January 5, 1988 (the day following our Reorganizational Meeting)informing them that the Town Board Meetings were set for the 1st and 3rd Monday of every month during 1988. Newspaper and/or other news media Date given Southern Dutchess News January 5, 1988 Poughkeepsie Journal " " " Evening News " " " Radio Stations: WBNR WEOK WKIP " " " I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates: Designated Location(s) of posted notices Date of Posting Bulletin Board at Town Hall Maintained by the Town Clerk. June 3, 1988 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this 22nd day of June, 1988. (CORPORATE SEAL); ELRINE H. SNOWDEN, 5 Town Clerk