Loading...
1983-06-13 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JUNE 13, 1983 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. May 9th - Specials May 23rd & 24th 4. REPORTS OF OFFICERS: Town Justices Bldg/Zng Receiver of Taxes (April & May) Hydrant Report Compt/Sup. report thru April 30th 5. PETITIONS & COMMUNICATIONS a. Communication from Dutchess Co. Dept. of Planning re: Stoetzel application b. Mr. & Mrs. John Guido - in support of possible Mobile Home Park (Stoetzel application) c. R.E. Leper report re: Performance & Maintenance Bnds - Pondview d. Resignation of Keith Dubetsky as T/W Fire Inspector e. Resolution adopted by Dutchess Co. Legislators re: Transient Merchants f. Response froia D. Co. Dept of Public Works to Attnys letter re; possible dumping at Brescia Property. g. Corr. from Attorney to Twn re: Permit - Cranberry/Atlas Water h. H. Gunderud request for a new car i. Letter of Credit offered by J. Klein for Rd. Completion: Fieldstone Farms. Letter of Credit offered by Barger for Spring Hill. j. Zvi Segal re: (1) acceptance of letters of Credit for Carmel Heights (2) Letter of information on status of repairs RFSD Sewer lines per agreement k. Bd. of Elections re: designation of Polling Place for Ward 3 - District 6. 1. Reappointment of Conservation Advisory Council Members (2 Yr. appointment) and appoint Chairman m. Fire Prevention Bureau - Approval of Fire District Appointments to Bureau n. Grant permissionto Engineer to Town of solicit bids for CWWIA & WSIA#1 extension in Cedar Hill Area 6. COMMITTEE REPORTS a. Mrs. Mills re: a Public Hearing for increase of Atlas Water Co. races b. Mrs. Mills re: report on proposed expansion of Dutchess Co. Airport 7. RESOLUTIONS a. CATV Rate increase b. LL of 83 for Professional Inspection Fees c. Bonding Resolution for Highway Dump Trucks d. Referral from Zoning Board of Appeals of Stephen Ossenkop application for a Camp Ground e. .Introduction of a Revised Water Local Law f. Indroduction of Amendment to LL on Open Containers g. Introduction of LL providing for Attorneys Fees h. Consent Judgement - A.R.Fuels, Inc. (Win. Crane, Attny - Tax review) 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT The Regular Meeting of the Town Board of the Town of Wappinger was held on June 13th, 1983 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York x Supervisor Diehl opened the meeting at 8:03 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney Rudolph Lapar, Engineer to the Town Kenneth Croshier, Highway Superintendent Henry Cuatt, Comptroller Mr. Diehl requested the public to stand for the Pledge of Allegiance to the American Flag. The Minutes of the Regular Meeting of May 9th, 1983 and the Special Meetings of May 23rd and May 24th, 1983, having previously been sent to all Board Members, were now placed before them for their consid- eration) MR. JOHNSON moved that the above stated Minutes be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. McCluskey. Motion Unanimously Carried Reports were received from the Town Justices for the month of May, Receiver of Taxes for April and May, the Hydtant Report for May, and the Comptroller/Supervisor report thru April 30th, 1983. MRS. MILLS moved to accept the above stated reports and place them on file. Seconded by Mr. Johnson Motion Unanimously Carried A letter was received from the Dutchess County Department of Planning informing the Board that they had received their letter stating that the Town Board would act as the lead agency in the environmental review process for the Stoetzel Mobile Home Park Application. This letter also stated that since the subject property includes designated wetlands and lands subject to flooding, they recommended that these factors be thoroughly evaluated in the environmental review process. They had no objection to the Town Board being the lead agency. Mr. Johnson noted that the Board requested a draft E.I.S. at the last meeting. MR. JOHNSON moved to receive this communication and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from Mr. & Mrs. John Guido in support of the Mobile Home Park (Stoet'el application). MR. MCCLUSKEY moved to receive this letter and place it on file. Seconded by Mr. Johnson Motion Unanimously Carried A report was received from Mr. Lapar regarding Performance and Maintenance Bonds for the Pondview Subdivision. He found them to be in order but noted that only Bell Air Lane has the necessary base coat and the building permit should not and will not be issued except on those streets that has!bam coats approved by the Super- intendent of Highways. Mr. Lapar explained that the developer had submitted the Bond for the whole development; Bell Air Lane has been completed, he has since completed Grace Court, however the remaining roads are not completed. Mr. Versace noted that heavy equipment would be in use until all the roads were completed and felt that this could damage the finished roads; his concern was that by the time the subdivision was complete there would not be enough money to cover the cost of any damage that might be done to the completed roads. Discussion continued on this matter and also the necessity of driveway permits. Mr. Croshier pointed out that this was the procedure that had been followed in the past. Mr. Diehl suggested that Mr. Versace pursue the course of a local law which would change this procedure and mandate the completion of the roads before the bonds were accepted; at this point they could not enforce one developer to follow a different procedure than what was being used by the other developers. MR. JOHNSON moved that the Performance and Maintenance Bonds on Bell Air Lane and Grace Court be approved. Seconded by Mr. Diehl -0/c-/ '1% Roll Call Vote: 4 Ayes Mr. Versace ---Nay A letter of resignation was received from Keith Dubetsky, Town of Wappinger Fire Inspector. In his letter, Keith explained that he had accepted an offer from the Fairfax County Fire and Rescue Department for a full time position of Firefighter/EMT; when he accepted the job in Wappinger he had no idea this new job was available. He thanked the Board for the opportunity they had given him to serve in his position. MR. MCCLUSKEY moved to accept Mr. Dubetsky's resignation with regret and wished him good luck in his new position. Seconded by Mr. Johnson Motion Unanimously Carried On the same subject, Mr. Johnson reported that he and Mrs. Mills, Personnel Committee, met with the Fire Prevention Board and they were asked to give consideration to making this position a full time one rather than the part time one it presently is. He suggested that the Town Board discuss this at their next work shop session. A letter was received from Joan Pagones, Clerk to the Dutchess County Legislature, forwarding a copy of a resolution adopted by the Dutchess County Legislature requesting towns, cities and villages to regulate transient merchants. MR. MCCLUSKEY moved that this letter with the resolution be accepted and placed on file. Seconded by Mr. Johnson Motion Unanimously Carried A response was received from the Dutchess County Department of Public Works to Mr. Adams' letter regarding county dumping at the Brescia property on New Hackensack Road. Mrs. Mills noted that the letter referred to the wrong property; at the time they were discussing this matter at a previous meeting, both the Brescia property and the Humeston property were in this discussion and the Board requested that a letter be directed to the County regarding dumping at the Humeston property. MRS. MILLS moved that a second letter be directed to the County stating that county trucks were seen dumping at the Humeston property on Myers Corners and Old Myers Corners Road. Seconded by Mr. McCluskey ryMotion Unanimously Carried Mr. Adams wrote to the Board regarding correspondence from the Department of Environmental Conservation in which they indicated that a permit would be necessary to purchase water from Atlas for the Cranberry Hills Water Improvement Area. The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: WHEREAS, a request has been made from the owner of lands within the Cranberry Hills Water Improvement Area for the supply of water, and, WHEREAS, the Atlas Water Company has agreed in principle, subject to the obtaining of necessary permit to be the source of water, to sell the same to the same on a wholesale basis to said Cranberry district, and, WHEREAS, the Town Board has for the adjacent CWWIA have agreed in principle to permit the use of its storage capacity for fire protection to both the Cranberry district and Atlas Water Company in consideration for the acquisition, on an "as needed" basis of additional water, from the Atlas Water Company, the same to be transmitted through the lines of the Cranberry District, WHEREAS, as a precondition for the same, it is necessary that application be made to the Department of Environmental Conservation for permit, NOW THEREFORE, BE IT RESOLVED, that the engineer to the town and the attorney to the town, on behalf of the affected water improvement areas develop those plans and specs necessary to make application to the Department of Environmental Conservation for the necessary permit, and BE IT FURTHER RESOLVED, that said engineer and attorney prepare the necessary agreement between the affected water improvement areas and the Atlas Water Company, the same to be approved by the Town Board. Seconded by: Councilman Johnson Roll Call Vote: Supervisor Diehl Aye Councilman Johnson Aye Councilman McCluskey Aye Councilwoman Mills Nay Councilman Versace Nay Resolution Duly Adopted Before this eesolution was voted on, Mrs. Mills questioned the Attorney on the location of the booster station. She was against the booster station since the way it looked to her it would be sitting right in Wildwood I. Why saddle those residents with a mausoleum since they have water already. She could not go along with the present plan. It was pointed out that by approving this resolution they were not locked into any one location, it was merely approval for a permit. Mr. Versace also had concerns --- in their discussion with Atlas concerning the town being the wholesalers of water to them, it was agreed that this would be in emergency situations only. There were too many unanswered questions for them to be considering such a resolution as this time. There were also too many questions concerning the supply of water to the Pizzagalli company until their structure is completed, he continued. He felt that a work shop session was in order to discuss the situation with Pizzagalli. The burden should 011 on the Cranberry Development and on the Pizzagalli Company, not on the Town of Wappinger. Mr. Diehl then offered the resolution knowing well that the resolu- tion before them was not a final acceptance by the Town but a request to get approval from the State of New York and requesting Mr. Lapar to put a second alternative in on the lands of Cranberry Development for the pump station to remove it off the lands of Wildwood I. Mrs. Mills added that when the resolution was offered to D.E.C., the plans would have to go in as they presently are, so in essence when they review the resolution and the plans, they will assume that they are tied together. Discussion continued on the pros and cons of the plans and an alternative,and the resolution was put to vote. After the resolution was adopted, it was agreed that Mr. Adams and Mr. Lapar would work together on the plan and alternative and legal work and when this was completed, Mr. Diehl would set up a meeting with Pizzagalli and the developers of Cranberry to discuss the situation more thoroughly. A request was received from Mr. Gunderud for a new car which he felt was long overdue; the body was rusty and he was having mechanical problems with his present car. Mr. Johnson recommended that the Town put in a bid for a new car for the Supervisor and the Supervisor's car be passed on to the Building Inspector. MR. JOHNSON moved that the Comptroller be authorized to go to State Bid for a new car for the Supervisor. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes Mr. Versace ---Nay Mr. Versace commented that he would have voted for a new car for the Building Inspector, but not for the Supervisor. A Letter of Credit was offered by James Klein for completion of the roads in Fieldstone Farms, and the Attorney was satisfied with the form that was presented. MRS. MILLS moved to accept the Letter of Credit from Mr. Klein for the completion of the roads in Fieldstone Farms. Seconded by Mr. McCluskey Motion Unanimously Carried Herb Elman, Ardmore Drive, being recognized by the Chair, remarked that he had observed Mr. Klein's trucks removing fill from that area and transporting it to Hopewell Road west of Cedar Hill Road. Mr. Croshier noted that he was transporting the fill to his own property and the Attorney added that if the excavation is incidental to construction there is no problem. Mr. Elman asked if they realized that they were filling one truck and moving it every seven minutes. Mr. Croshier was requested to explore this matter. A Letter of Credit was offered by Mr. Barger for the second section of the Spring Hill Subdivision. Mr. Adams noted that this had been reviewed and the form was acceptable. MR. JOHNSON moved to accept the Letter of Credit for the completion of roads in the second section of the Spring Hill Subdivision. Seconded by Mr. McCluskey Motion Unanimously Carried The Attorney had received Letters of Credit for Carmel Heights Subdivision from Zvi Segal and informed the Board that a few modifications were required, however, he recommended that they be accepted subject to receipt of these modifications. MR. JOHNSON moved that the Letters of Credit offered by Mr. Segal for completion of the roads in the Carmel Heights Subdivision be accepted, as recommended by the Attorney, subject to approval by him of the forms to be resubmitted by Mr. Segal. Seconded by Mr. McCluskey Motion Unanimously Carried A letter was received from Zvi Segal informing the Board of the status of the repair of Rockingham Farms Sewer District sewer lines as per Z & M Development agreement with the Town dated November 1982. Mr. Segal was present and Mr. Johnson asked if the work was completed; he responded that it was 70% completed. MR. DIEHL moved that no action be taken on this letter until all work is completed as per the agreement. Seconded by Mr. McCluskey Motion Unanimously Carried The Board of Elections wrote to the Town Board regarding the designation of a polling place for the new district created by the Ward system, that being Ward 3 District 6. Mr. McCluskey suggested using the Town Justice Court on Old Route 9 and Mr. Versace recommended that they use these accommodations for two districts; he also suggested that the New Hackensack Fire House could handle two districts. Mr. McCluskey added that they should at this time designate the polling place for the new district and add one to the New Hackensack Fire House and discuss the placing of other districts at their next work shop session. MR. MCCLUSKEY moved that the Town Justice Court on Old Route 9 be designated as the Polling Place for the Third Ward, Sixth District and the New Hackensack Fire House be designated as the Polling Place for the Fourth Ward, Second District and the remainder of.the Polling Places stay as they have been designated, at least until review at the next workshop. Seconded by Mr. Johnson ,,,,I Motion Unanimously Carried A letter was received from the Conservation Advisory Council recommending reappointment of the present members and further recommending the appointment of Edward Hawksley as Chairman. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED, that Edward Hawksley, Oscar Scherer, Gerald Webb, Edna Winters and Camilla Wygan be and they are hereby appointed to fill the vacancies on the Conservation Advisory Council of the Town of Wappinger, which has occurred by reason of the expiration of their terms, and it is further RESOLVED, that the aforesaid persons are hereby appointed to the said Conservation Advisory Council for a term which shall expire July 1, 1985. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays MR. JOHNSON moved to appoint Edward Hawksley as Chairman of the Conservation Advisory Council as recommended by that Council. Seconded by Mrs. Mills IlMotion Unanimously Carried A letter was received from Bernard Roe, Deputy Secretary/Treasurer of the New Hackensack Fire District correcting information on two members of that District on the Town Fire Prevention Bureau. "Please make reference to a letter written to Mr. James Tompkins dated April 6, 1983 signed by Peter E. Howell. Mr. William H. (Bud) Pottenburgh's acceptance was to fill the term vacated by Mr. George Budd Jr. It was the intent of Chief Howell for Bud Pottenburgh to complete the unexpired term and then take a 2 year term. My records indicate that Tom Gilmartin's term will expire July 1984 and with the acceptance of Bud Pottenburgh, his term will expire July 1985". MR. MCCLUSKEY moved to confirm the appointments made by the New Hackensack Fire District on the Town Fire Prevention Bureau, as stated in Mr. Roe's letter of June 7, 1983. Seconded by Mr. Johnson Motion Unanimously Carried At the last meeting, Mr. Lapar had requested permission to gm to bid on the CWWIA and WSIA#1 extension in the Cedar Hill Area; this had been tabled for further review of the map submitted by Mr. Lapar by the Town Board Members and the matter was now placed before them for their consideration. MRS. MILLS moved to authorize Mr. Lapar to go to bid on the CWWIA and WSIA#1 Extension in the Cedar Hill Area. Seconded by Mr. Versace Motion Unanimously Carried MR. MCCLUSKEY moved to authorize the Attorney and the Engineer to negotiate with property owners from whom easements will be needed for the completion of this project. Seconded by Mrs. Mills Motion Unanimously Car¢eied Under Committee Reports, Mr. Johnson reported that he had met with the Recreation Commission and part of the discussion was in regard to the algae problem in the pond at the Ye Olde Apple Orchard. He and Mr. Lapar had visited the site and recommended that copper sulphate be used to help correct this problem. Correspondence was since received from the Recreation Commission indicating that they planned to follow this recommendation. Another concern was the maintenance of the pond. If the Town continues to maintain this area, it may very will be that it will have to be opened to all Town residents. The Commission has scheduled a meeting for June 21, 1983 at 7 P.M. at the pond site to discuss this matter with the residents. A second report from Mr. Johnson related to correspondence received from various groups requesting handicap toilet facilities at Robinson Lane and Martz Field recreation areas. The commission reported that this can be done at Robinson Lane by clearing out the storage area adjacent to the rest rooms, however, there may be a problem putting in blocks and mortar to enlarge the facilities at Martz Field. This matter will be pursued further. Mrs. Mills questioned the expenditure of funds for copper sulphate for the pond before a decision was made by the residents regarding the maintenance of the pond. Mr. Johnson felt that the amount of money was minimal to solve the problem and at the present time it does belong to the Town and if the residents are not willing to maintain it then we must continue to do so. Mr. Diehl referred to a problem on All Angels Hill Road which went back about two years ago, relating to passing zones on that road which were causing numerous accidents. A letter from Mr. Spratt's office at that time indicated they would review the possibility of installing "T" signs on the Town roads intersecting with All Angels Hill Road. Nothing was done in that matter --no communication was received. They also discussed cutting down weeds at the County and Town road intersections to improve visibility. Mrs. Poloncic, a resident of that area, had recently pursued this matter with Mr. Diehl and was present in the audience. Mr. Diehl invited her to further comment on this problem. Mrs. Poloncic felt that the Town was also remiss and had done nothing about clearing the intersections for better vision --they blame the County and the County send you back to the Town. Sandra Goldberg, Wappinger County Legislator, being recognized by the Chair added that she had spoken to Mr. Spratt several months ago and he indicated that he could not put either the "T" signs or the "+" signs at these intersections because they were too close together (law requirements), however, in lieu of the many accidents that had occurred in that area, the County intended to re-evaluate the situation and endeavor to correct it. Mrs. Goldberg said she would check it out in a couple of weeks and report back to the Board. MR. DIEHL moved that a letter be directed to Mr. Spratt to review the possibility of installing either "T" signs or "+" signs at intersections of Town roads with All Angels Hill Road; also ask him to again consider cutting weeds or trees at these intersections where they block the vision and copy Wappinger County Legislators. Seconded by Mrs. Mills Motion Unanimously Carried Mr. McCluskey reported on a meeting with Mr. Spratt, Mr. Anagnos, Mr. Parsons representing the New Hackensack Fire District and the Town Board relating to reducing the speed limit in the area of the Fire House. They got nowhere since it was that department's opinion that the present speed limit was safe, there was plenty of clearance and site distance over the top of the hill. He asked about plans for putting shoulders on that road and flattening out the sharp hill on Myers Corners Road going toward Rt. 376 and was told there were no plans. They were informed that they could appeal to the State but chances were that the State would go along with the County recommendations. MR. MCCLUSKEY moved that the Town pursue the matter of a lower speed limit in that area with New York State Department of Transportation. 1)(1° ransportation.\, Seconded by Mr. Johnson Motion Unanimously Carried Mr. McCluskey spoke of litter on the highways and asked the Attorney to look into the possibility of the Judges imposing labor penalties on violators of the law, rather than monetary fines. Mr. Adams noted that the Town Justices have this power and recommended that Mr. McCluskey address them on this matter. Mr. McCluskey informed the Board that there would be a Public Safety Committee Meeting on Tuesday, June 21, 1983 at 4 P.M. On Town Hall Committee, Mr. McCluskey reported that there was a slight problem that had arisen with the contract for the Architect and asked the Attorney to explain it. Mr. Adams explained that the Architect requested, as part of the Agreement, that the Town Board designate someone on behalf of the Board who would serve as a liaison between the Architect and the Town Board in the event he needed direction and it would not be possible to call a Special Meeting with participation by the full Board. When this was revealed to Mr. McCluskey, he suggested that a member of the Town Board be so designated who would speak on behalf of the Board. Mr. Versace did not agree with this condition and felt all five members should have a say in whatever problem that may come up. In view of Mr. Versace's reaction, Mr. McCluskey suggested that they proceed with the approval of the contract exclusive of that condition and if it was needed at some later date it could be acted on. MR. MCCLUSKEY moved to approve the contract with Hayward and Pakan as Architects for the proposed Town Hall, exclusive of the condition as requested, and authorize the Supervisor to sign said contract. Seconded by Mrs. Mills Motion Unanimously Carried A meeting was set for June 22, 1983 with the Town Board and the Architect at 5:30 P.M. Mrs. Mills spoke of obstructions at intersections of Town roads. Mr. Tinelli, Deputy Building Inspector/Zoning Administrator was present and requested that these complaints be forwarded to the Zoning Administrator's office to be investigated; the Zoning Law, he continued, requires that property owners keep the area I)' clear within 50' on either side of the intersections of Town roads with other Town roads. Mr. Cuatt, being recognized by the Chair, asked that the same courtesy be given to residents of Old Hopewell Road when they were requesting shoulders on Myers Corners Road. It seemed to him that all County roads were in need of shoulders, but particularly Old Hopewell Road since there always two or three accidents a year which he felt was caused by the lack of shoulders. MRS. MILLS moved that a letter be directed to Commissioner Spratt to investigate the possibility of putting up "T" signs on either side of Eck Road and Old Hopewell Road and in the same area, consider putting shoulders on Old Hopewell Road. Seconded by Mr. McCluskey Motion Unanimously Carried The following resolution was offered by COUNCILWOMAN MILLS, who moved its adoption: WHEREAS, the Atlas Water Company has applied for an Increase in the water rate charge to its residential consumers within the Town of Wappinger, and WHEREAS, in view of the large rate increase requested (149%) it is in the public interest of both the Atlas Water Company and the consumers and customers of said water company that a public forum be afforded to them to permit Atlas to explain its need for the rate increase requested and to permit consumers and customers of the water company to comment upon the same, and WHEREAS, it is within the discretion of the Public Service Commission to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED that the Public Service Commission conduct a public hearing on the application of the Atlas Water Company for a rate increase, and BE IT FURTHER RESOLVED that siad public hearing be conducted by the Public Service Commission within the Town of Wappinger to afford an opportunity for all consumers and residents of the water company to hear and review the requests of the Atlas Water Company and to comment thereon, and BE IT FURTHER RESOLVED that the Town Clerk of the Town of Wappinger transmit a copy of this resolution forthwith to the Public Serie Commission and to the Atlas Water Company. Seconded by: Councilman Versace Roll Call Vote: 5 Ayes 0 Nays Mrs. Mills reported that she had a call on Saturday from the residents of Wappinger Park Homes that they were out of water; no one could reach any authorized person to handle the situation. She called the twenty four hour emergency telephone number of the Dutchess County Department of Health, reported the matter and asked them to keep her informed of the situation; other residents had called as well as Mr. Diehl who was also involved in this matter. The residents did receive a water supply and are presently discuss- ing the possibility of purchasing the water system, however, her point was, noone bothered to call her or Mr. Diehl to inform them that they would take care of these residents or how long it would take. They heard absolutely nothing. Mr. Diehl added that it was a bad day and he too was upset with the response at the Health Department. He was at the site for five hours and saw noone at this site and received no information; he was almost at the point of breaking down the door and calling in the Town water operator to help out. He felt there should have been more communication from the County, more coverage during off hours; he hoped County Legislator Sandra Goldberg would report this to the County. Mrs. Mills reported that a response was received from Andy Bernhardt from Dutchess County Mosquito Control reporting that they had done work in the area of Pleasant Lane. Mr. Diehl had received the letter and requested Mr. Croshier to check the area to determine what work was done ----he reported that he could not see that any work was done, the stream still needed cleaning. After much persuasion, Mr. Lapar convinced the contractor who bidded on the stream cleaning two years ago to do the job at the same price and Mr. Diehl recommended that they go ahead with the project. MR. VERSACE moved to authorize the Supervisor to sign the contract for Hunter Creek Stream Cleaning. Seconded by Mrs. Mills Motion Unanimously Carried Mrs. Mills recommended that the landfill site at Castle Point be opened from July through November on the first Saturday of each month. MR. DIEHL moved that the landfill site at Castle Point be opened to the residents of the Town for all itemwith the exception of metal and tires, on the first Saturday of every month from July through November and the metal items will be brought to the Highway Department on those days. Seconded by Mrs. Mills Pi`-} tion Unanimously Carried Mr. Johnson, Ordinance Committee, reported that they had been working on an Ordinance for Mother -Daughter Accessory Apartment and hoped it would be ready to present to the Town Board in July. MR. JOHNSON moved to contact the New York State Cable Commission requesting that they direct an audit to be done on U. S. Cablevision lines in the Town of Wappinger. Seconded by Mr. McCluskey Motion Unanimously Carried MR. JOHNSON moved that a letter be directed to U. S. Cablevision requesting a financial status report for a period of five years. Seconded by Mrs. Milts Motion Unanimously Carried A Public Hearing having been held by the Town Board of the Town of Wappinger on June 8, 1983 on a petition of the U. S. Cablevision Corp. for an Amendment to the Faanchise to increase the cable rates, the matter was now placed before the Board. MR. VERSACE moved that the 1mgnest from the U. S. Cablevision Corp. to amend the Franchise to increase cable rates be denied,due to lack of supportive information, failing to justify.n increase, inconsistant service, and quality of reception. Seconded by Mr. Diehl Motion Unanimously Carried Mrs. Mills noted that a letter had been received from Mark Liebermann received by the Town Clerk on June 10, 1983, too late for the public hearing on the cable rate increase. The letter was one of complaint on some of the services of the cable company. MRS. MILLS moved that this letter be made part of the record of the minutes of the Public Hearing on the cable rate increase. Seconded by Mr. Johnson Motion Unanimously Carried Mrs. Mills brought up the fact that she did not feel that the franchise with U. S. Cablevision was binding since the language of the Bond inparts/was not acceptable to the Attorney and although they had been notified of this fact, they had failed to change it as recommended by the Attorney. The Attorney noted that the bond received was not satisfactory and action could be taken to call the bond if they fail to cure the defect in the language kie in a certain period of time. MRS. MILLS moved that the Attorney direct a letter to U. S. Cablevision notifying them that the Town of Wappinger is consider- ing cancelling our franchise with them unless proper documents are submitted to the Attorney to the Town. Seconded by Mr. Johnson Motion Unanimously Carried A Public Hearing having been held by the Town Board on June 13th, 1983 on a proposed Local Law Providing for the Payment of Pro- fessional or Consulting Fees, the matter was now placed before them for their consideration. MR. JOHNSON moved to adopt Local Law #4 of 1983 as follows: BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Declaration of Purpose. To safeguard the health, safety and welfare of the residents of the Town of Wappinger and to permit the Town of Wappinger and its agencies to obtain full and complete review of the impact of a proposed activity for which a permit is required from the town or any of its agencies without burdening the taxpayers of the town in those instances where the application is for the pecuniary benefit of the applicant, it is appropriate that the costs of various professional, consulting, or other third -party services which may be determined to be necessary for review pur- poses be assumed by the applicant rather than by the town. Section 2. Upon the submission of an application for an activity for which a permit is required from the Town Board, the Planning Board, the Zoning Board of Appeals or any other agency of the Town of Wappinger, including but not limited to zoning permits, zoning amendment requests, subdivision applications, permits required by the Building Code, the Fire Prevention Ordinance or other statutes or local laws, the agency within the town issuing the permit or from whom the permit for the activity is requested may in its discretion require that such permit application be accompanied both by such fees as are prescribed by statute, local law, regulation or resolution, and by such pre -payments as deemed appropriate by such agency for the payment of professional, consulting or other third -party services if the same are necessary to assist in review of the application or request, said payment to be sufficient to defray the cost of such which will be necessarily and reasonably required by such board or agency in its evaluation or review of the requested activity as determined by the agency. Submission of the applica- tion shall not be deemed complete until such time as satisfactory arrangements have been made with the board or agency with the payment of the same, and such board or agency may require a deposit of the same in advance. If advance payment is required, such payment shall be made to the town comptroller. Any amount remaining unexpended after said deposit and after the rendering of services shall be returned to the applicant upon the obtaining of such final disposition of the application or in the event of withdrawal. No final disposition shall be made until any additional payments determined as necessary by the board or agency are made and any application shall be deemed incomplete and not susceptible to final approval or disposition until such payment is made. Section 3. The board or agency shall make its own determina- tion as to the selection of professional, consulting or other third -party services necessary to assist in review. Section 4. This local law shall take effect immediately upon filing with the Secretary of State. Seconded by: Mrs. Mills Roll Call Vote: 5 Ayes 0 Nays The matter of the Bond Resolution for financing the Highway Trucks was placed before the Board for their consideration. A memo was received from Mr. Cuatt regarding the bonding for the Highway trucks which had been requested by the Board at their previous meeting. It read "if $100,000.00 were financed instead of the approximate $180,000.00 for a five (5) year period the savings would amount of $14,400.00". Mr. Versace felt this information should have been broken down further giving the savings for a one year period if $100,000.00 was financed instead of $180,000.00. Mr. Versace had previously suggested using $80,000.00 from Federal Revenue Sharing Funds which, he felt would have saved some of the interest payment. He again recommended this procedure. Discussion followed pro and con on whether to finance $100,000.00 with less interest or receive more revenue and bond $180,000.00 but pay more interest. Mr. Johnson disagreed with using FRS for this purpose since there were other items it may be needed for before the end of the year. He also stated that we wouldn't be saving that much. Mr. Versace moved to utilize $80,000.00 from Federal Revenue Sharing Funds to apply toward the indebtedness of financing the purchase of the Highway Trucks and bond $100,000.00 over a period of five years. Motion Failed for Lack of a Second A RESOLUTION AUTHORIZING THE ISSUANCE OF $185,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE -COST OF THE PURCHASE OF INTERNATIONAL DUMP TRUCKS _ WITH PLOWS, WINGS AND SANDERS FOR USE BY THE TOWN HIGHWAY DEPT. The following resolution was offered by SUPERVISOR DIEHL, who moved its adoption: BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The class of objects or purposes to be financed pursuant to this resolution is the purchase by the Town of Wappinger, Dutchess County, New York, of international dump trucks with plows, wings and sanders for use by the Town Highway Department. Section 2. The maximum estimated cost of such class of objects or purposes is $185,000, and the plan for the financing thereof is by the issuance of $185,000 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Town Board. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the local Finance Law, it being hereby determined that each item to be financed pursuant to this resolution will cost not less than $30,000, provided, however, that the maximum maturity of the serial bonds herein authorized will exceed five years, but shall not exceed one-half of such period of probable usefulness so that the provisions of Section 107.00 of the Local Finance Law shall not apply to such bonds. 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. 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 7. Upon this resolution taking effect, the same shall be published in full in the W & S. D. 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. Section 8. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. Seconded by: Councilman Johnson Roll Call Vote: Supervisor Diehl Ave Councilman Johnson Ave Councilman McCluskey Aye Councilwoman Mills Aye Councilman Versace Nav A letter was received from the Zoning Board of Appeals referring the Application of Stephen Ossenkop for a Campground to the Town Board. MR. JOHNSON moved to designate the Town as leading agency in the Application of Steven Ossenkop for the construction of a Recreational Vehicle Park. Seconded by Mr. McCluskey Motion Unanimously Carried The matter of introducing a revised Local Law on Water was placed before the Board for their consideration. The Board had not received a report from Mr. Lapar and Mr. Gunderud on this revision and could not act on it at this time. and it was tabled for further information. The following proposed Local Law was introduced by COUNCILMAN JOHNSON: A local law amending Local Law No. 5 of 1980, prohibiting discarding of alcoholic beverage containers in public places in the Town of Wappinger. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Section 3 of Local Law No. 5 of 1980 is amended by adding to the sentence contained therein at the end thereof of the following phrase: "with intent to consume the same". Section 2. This local law shall take effect in the manner prescribed by Municipal Home Rule Law. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 13th day of June, 1983, a propaed local law amending Local Law No. 5 of 1980, prohibiting discarding of alcoholic beverage containers in public places in the Town of Wappinger, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of theTown until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed local law by the Town Board of the Town of Wappinger on the llth day of July at 7:50 P.M. EDT, on such day at the Town Hall, Mill Street, Vil]age of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman McCluskey Roll Call Vote 5 Ayes 0 Nays The following proposed Local Law was introduced by COUNCILMAN JOHNSON: A local law providing for attorneys fees. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. This local law proposes to protect the health, safety and welfare of the citizens of the Town of Wappinger and to enhance the police powers of the Town of Wappinger by providing for the reimbursement to the town of legal expenses and related fees associated with any litigation which might be undertaken by the town to enforce local laws, ordinances and other obligations of residents, developers, applicants for permits and other parties within the Town of Wappinger when such steps are necessary by way of civil proceedings to preserve the integrity of and to promote the general welfare of the residents of the Town of Wappinger by enforcement of local laws, ordinances, rules and regulations or other standards duly adopted by the town. Section 2. Whenever it becomes necessary for the Town of Wappinger by civil proceedings to enforce a local law, ordinance, subdivision regulation, rules and regulations, highway specifications, or other rules of conduct or standards duly adopted in accordance with law by the Town Board of the Town of Wappinger, the town may seek to recover, in addition to any civil remedies had by it, reasonable attorneys fees for the prosecution of said proeeeding as well as the costs and disbursements of said proceeding. Said attorneys fees and other imposed herein shall be payable only if the town successfully completes such prosecution or obtains an order or judgment. Section 3. Any individual, corporation, or other entity who makes application to the Town of Wappinger for a permit of any nature, by making such application hereby agrees to reimburse the Town of Wappinger, as a condition for the granting of such permit, for its reasonable attorneys fees incurred it it becomes necessary, in the sole discretion of the town, for the town to commence a civil proceeding against the holder of such permit or its assignees or successors in interest for purposes of enforcing those conditions under which the permit was granted and judgment for such sums may be sought. Section 4. All permit applications of the town shall be duly endorsed with notice informing such applicants and permitees of this local law and that by submitting an application for a permit, the applicant consents to the imposition of attorneys fees, costs and disbursements as provided by this local law. Section 5. The provisions of this local law shall be binding upon the successors and assigns of any applicant and permitee as a condition of the continuing validity of such permit. All permits shall contain a notation that the holder of the same, as well as their successors and assigns, are subject to the provisions of this local law as a condition for the continuing validity of such permit. Section 6. Definitions. Permit: The granting of permission by any agency of the town to engage in activity for which the issuance of a permit or other approval is a precondition. Section 7. A registry of permits shall be maintained by the town to provide all interested persons, including successors and assigns of permitees, of the issuance of permits subject to this local law. Section 8. This local law shall take effect immediately upon filing with the Secretary of State as required by law. The following resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 13th day of June, 1983, a proposed local law providing for attorneys fees, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of theTown of Wappinger on the llth day of July, 1983 at 7:45 P.M. EDT on such day at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger, by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays The matter of a Consent Judgment, A. R. Fuels, Inc. Tax Review, having been tabled from last month for clarification by the Attorney, was now placed before them for their consideration. The Assessor wrote to the Board stating that the Town would be required to pay A. R. Fuels, Inc. the amount of $6,500 and further stated that he had reviewed the proposed settlement arrived at by A. R. Fuels and our Attorney and find that the settlement is better than we would have done pursuing the matter further before the courts. The following resolution was offered by SUPERVISOR DIEHL, who moved its adoption: BE IT RESOLVED, that Rosen Crane and Wolfson is hereby directed to execute a consent judgment settling the A. R. Fuels, Inc. against Wappingers Central School District and the Town of Wappinger tax certiorari, a copy of which is attached hereto and made a part hereof, and that Rosen Crane and Wolfson is authorized and directed to settle the above captioned proceeding pursuant to the terms of said judgment. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays MR. MCCLUSKEY moved that the Wappinger Central School District be requested to share the Attorney's Fees with the Town when they are both involved in Tax Certiorari Matters. Seconded by Mrs. Mills Motion Unanimously Carried An application for a Peddler's License was received from William McCord for a Hot Dog Truck. MR. MCCLUSKEY moved to approve the application for a Peddler's License for William McCord. Seconded by Mr. Diehl Motion Unanimously Carried MR. MCCLUSKEY moved to authorize the publication of an ad for the Castle Point Landfill Site as has been done previously. Seconded by Mr. Diehl Motion Unanimously Carried MRS. Milts reported that she had attended an Airport Sub Committee Hearing on Noise Abatement at the County Office Building at the request of some residents, however all discussion was limited to noise abatement and she did not have the opportunity to discuss any other matters. She then brought up the fact that the County does not apply for site plan approval from the Planning Board when they change building plans or construct new buildings. She further discovered when checking with Mr. Gunderud that they do not pay downstream drainage fees even though they are directing water into the Wappinger Creek. MRS. MILLS moved to alert the proper authorities involved with the buildings at the Dutchess County Airport that they have to comply with all rules and regulations of the Town's Planning, Building and Zoning Departments when required. Seconded by Mr. McCluskey Motion Unanimously Carried MRS. MILLS moved to direct a letter to the Dutchess County Executive and Chairman of the Dutchess County Legislature asking for a list of authorized personnel in charge of buildings and future plans at the Dutchess County Airport. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Steven Ossenkop, Robinson Lane, being recognized by the Chair asked why his application for a camp ground site in that area was delayed by four months. It was explained to him that this application had been misdirected to the wrong Board and now it was going through the proper procedures. He was informed that all information would be forwarded to him since the Town was now the lead agency. Mrs. Sandra Goldberg, County Legislator, informed the Board that she had checked on Mosquito Control and found that an additional $30,000 had been added to their existing budget of $125,000 and they intended to spray recreation areas in the Town of Wappinger and the Village of Wappingers Falls. 7A/ MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr. Diehl and unanimously carried. The meeting adjourned at 10:33 P.M. Reg. Mtg. 6/13/83 Elaine H. Snowden Town Clerk JUL 1 1 1983 AGENDA TOWN BOARD TOWN OF WAPPINGER JULY 11, 1983 1. Supery sor Call Meeting to Order 2. Roll Call PLEDGE ALLEGIANCE TO FLAG 3. REPORTS OF OFFICERS: Town Justices Receiver of Taxes Hydrant Report Bldg/Zng Sup/Compt. thru May 31st 4. PETITIONS & COMMUNICATIONS a. Pizzagalli Dev. Co. request for installment payment of Down Stream Drainage Fees. b. Thomas Vasti, Attny, re: Soil Mining Permit c. Hughsonville Fire Dist. recommended appointments to Fire Prevention Bureau d. Dutchess Co. Dept. of Health re: Stoetzel Mobil Home Pk environ- mental review e. Dutchess Co. Dept. Planning re: Ossenkcp Environmental Review f. T/W Planning Bd. Corr. re: (1) Cranberry Hills Water supply (2) Average Density Subds. (3) Brescia Property. g. R.E. Lapar Corr. and reports: re: (1) Soil mining at Fieldstone Farms - J.A. Klein (2) Rosewood Ct. Resident complaint.of drainage pipe (3) Emergency Jobs Bill Application (4) Community Activities Bldg. h. Notice of Public Hearing, T/Pk on Zoning Ordinance amendment i. Mr & Mrs. Murphy re: Water meters 5. COMMITTEE REPORTS 6. RESOLUTIONS a. Pizzagalli interum Agreement b. Local Law Water c. Bids on installation of water meters d. Amendement of Open Container Local Law e. Local Law - Attorney Fees f. Bids for Central W. Water Extension & Wapp. Sewer Extensions 1. CIA — erkce, far Ykeco 10 -41 -Ate Mete 7. UNFINISHED BUSINESS 8. NEW BUSINESS i ) it ,'-td c o )d' 14 i J u�irw 9. ADJOURNMENT A Public Hearing was held by the Town Board of the Town of Wappinger on June 13, 1983, at the Town Hall, Mill Street, Village caf Wappingers Falls, Dutchess County, New York, on a Local Law providing for the payment of professional or consulting fees. Supervisor Diehl opened the Hearing at 7:56 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Jon Holden Adams, Attorney The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavidts are.',.attaghed. herto and made part thereof of the minutes of this Hearing.) Mr. Diehl asked if there were any questions or comments from the public; no one spoke for or against. Mr. Diehl asked if there were any members from the Town Board who wanted to speak. Mr. Johnson said "this is an opportunity for the Town to recover cost we incur for the benefit of others." Mr. McCluskey moved to close the Public Hearing, seconded by Mr. Johnsons and unanimously carried. The Hearing closed at 8:02 P.M.. a-81,3,4tt_ Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING A PROPOSED LOCAL LAW PROVIDING FOR THE PAYMENT OF PROFESSIONAL OR CONSULTING FEES STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 27th, 1983, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Providing for the Payment of Professional or Consulting Fees, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, iin the Village of Wappingers Falls, Dutchess County, New York. Sworn to before me this ) 3 day of -acs-- 1983. laine H. Snowden Town Clerk Town of Wappinger Nota Public ViRG11.10 } c •,,.FZ, Iii. 11sis y ci n. „y Sias Ao;dir.0 la Li is,r.r esmaassisn cApiies Merck 34. / DISPLAY ADVERTISING NOTICE IS HEREBY GIVEN that there has been duly presented and introduced before the Town Board of the Town of WappInger, Dutchess County, New York on May 9th, 1983, a. '- proposed local law• providing for the _ payment of professional or consulting fees as follows: LOCAL LAW NO. OF 1983 A local law providing for the payment of professional or consulting fees. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Declaration of Purpose. To safeguard the health, safety and welfare of the residents of the Town of Wappinger and to permit the Town of Wappinger and Its agencies to obtain ' full and complete review of the impact of a proposed activity for which a permit is required from the town or any of Its agencies without burdening the .- taxpayers of the town In those in- stances where the application Is for the pecuniary benefit of the applicant, It Is appropriate that the costs of varibus-y professional, consulting, or other third- • party services' which may be deter- mined to be necessary for review - purposes be assumed by the applicant�A,. rather than by the town. .' Section 2. Upon the submission of an ap,.; _ plication for an activity for which a, permit Is required from the Town Board the Planning Board, the Zoning Board of Appeals or any other agency of the - Town of Wappinger, including but not - limited to zoning permits zoning • amendment requests, subdivision applications,. permits required by the Building Code, the Fire Prevention Ordinance or other statutes or local laws, the agency within the town issuing the permit or from whom the permit for the activity Is requested may in its discretion require that such permit application be accompanied both by such fees as are prescribed by statute, local law, regulation or resolution, and by such prepayments as deemed appropriate by such agency for the payment of professional, consulting or other third -party services If the same are necessary to assist in review of the application or request, said -payment to be sufficient to defray the cost of such. which will be necessarily and reasonably required by - such board or agency In its evaluation or review of the requested activity as determined by the agency. Submission of the application shall not be deemed - complete until such time as satisfactory arrangements have been made with the board or agency with the payment of the same, and such board - - or agency may require a deposit of the same In advance, If advance payment Is required, such payment shall be made to the town comptroller. Any amount remaining unexpended after said deposit and after the rendering of services shall be returned to the ap- plicant upon the obtaining of such final disposition of the application or In the - event of withdrawal. No final - disposition Mall be made until any additional payments determined as necessary by the board or agency are made and any application shall be deemed incomplete and not suscep- tible to final approval or disposition until such payment is made. Section 3. mac: £.. NEWS CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS The board or agency shall makes Its own determination as to the selection of professional, consulting or other third -party services necessary to assist In review. Section 4. This local law shall take effect Im- mediately upon filing, with -the, Secretary of State. NOTICE IS FURTHER GIVEN that the Town Baord will conduct_a Public', Hearing on the aforesaid proposed local law at the Town Hall, MITI Street, Village of Wappingers Falls, Dutchess County, New York on June 13th, 1983 at 7:50 P.M. EDT on such dale, at which _ - time all parties interested will be heard. . NOTICE IS FURTHER GIVEN that copies of the aforesaid proposed local law be available for examination and inspection at the office of the Town Clerk of the Town of Wappinger In the Town Hall between the date of this notice and the date o1 the public hearing. C-4_..._0 • Elaine H. Snowden Town Clerk Town of Wappinger Dated: May 27th, 1983 AFFIDAVIT OF PUBLICATION State of New York, - County of Dutchess, Town of Wappinger. Beatrice Osten of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the .Go-Editor-Pnbh],isher. of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published - in the said newspaper for ...QUO. . weeks successively . moo . • in each week, commencing on the .. 961. day of . Jun. . 19.83 . and on the following dates thereafter, namely on -and ending on the .. 16t day of.. June. 19.83. both days inclusive. Subscribed and sworn to before me this ... 'Pt .... day of.. June..... 19. $3 Notary Public My commission expires ALBERT M. OST'EN NOTARY FL'3L1C..7.;;E OF NEW YORK QZ.ALJF;.J t;, .�, C.:VUTY r4144....2 40760 iT .io, ts.31/4