1975-07-22STATE OF NEW YORK
COUNTY OF DUTCHESS
TOWNS OF WAPPINGER AND FISHKILL
IN THE MATTER OF
The Application of the HUGHSONVILLE FIRE
DISTRICT and the CHELSEA FIRE DISTRICT for
Leave to Alter the Boundaries of Each
Respective Fire District.
X
Town Hall
Mill Street
Wappingers Falls, New York 11r,
Monday, September 22nd, 1975
7:30 o'clock p. m.
PHILIP E. STILLERMAN
HEARING REPORTER
1
STATE OF NEW YORK
COUNTY OF DUTCHESS
TOWNS OF WAPPINGER AND FISHKILL
IN THE MATTER OF
The Application of the HUGHSONVILLE FIRE
DISTRICT and the CHELSEA FIRE DISTRICT for
Leave to Alter the Boundaries of Each
Respective Fire District.
PRESIDING:
X
X
Town Hall
Mill Street
Wappingers Falls, New York 125'
Monday, September 22nd, 1975
7:30 o'clock p. m.
Louis D. Diehl, Town of Wappinger
Town Supervisor
APPEARANCES
TOWN OF. WAPPINGER
Supervisor Louis D. Diehl
Councilman Leif W. Jensen
Councilman Francis Versace
Clerk Elaine H. Snowden
TOWN OF FISHKILL
Supervisor Herbert W. Mu
Councilman Patrick Henne'.
Councilman Frank Romagno!-,
Clerk Hazel Beckett
[7:32 P. M. PUBLIC HEARING COMMENCED.]
SUPERVISOR DIEHL:
This Public Hearing is called to Order. Will
the Town Clerk of the Town of Wappinger call the rel.
MRS. SNOWDEN:
I will call only one-half, for the Town of
Wappinger: Supervisor Diehl?
SUPERVISOR DIEHL:
Here.
MRS. SNOWDEN:
Supervisor Muller, from the Town of Fishkill?
SUPERVISOR MULLER:
Here.
MRS. SNOWDEN:
Mr. Jensen?
COUNCILMAN JENSEN:
Here.
MRS. SNOWDEN:
Councilmen Clausen and Saland are not here;
Councilman Versace?
COUNCILMAN VERSACE:
Here.
MRS. SNOWDEN:
Mrs. Becket, would you do Fishkill's?
MRS. BECKETT:
Councilman Hennebery?
COUNCILMAN HENNEBERY:
Here.
MRS. BECKETT:
Councilman Romagnoni?
COUNCILMAN ROMAGNONI:
Here.'
MRS. BECKETT:
Two Councilmen are absent: Councilman Pappas
and Councilman Stewart.
SUPERVISOR DIEHL:
The record should reflect that Town of Wappimj,
Councilmen Saland and Clausen are not present.
Will the Town Clerk for the Town of Wappinger
please verify as to the Publication of this Public
Hearing? And, also the Affidavits of Posting?
MRS. SNOWDEN:
I offer for the record the Affidavit of Public-
ation, and the Affidavit of Posting. The Affidavil
of Posting indicating posting was made at the foll -
ing locations: Chelsea Fire House, Liberty Street,
Chelsea; Chelsea Fire House Annex Building, Old
School House, Liberty Street, Chelsea; Wappingers
Falls Post Office; Billies Grocery Store, Route Or-
Hughsonville; and the Chelsea Post Office, Chelsea;
and the two Town Halls, in Wappinger and Fishkill.
SUPERVISOR DIEHL:
Thank you. Will the Town Clerk for the Town o
Fishkill verify as to the Publication?
MRS. BECKETT:
Yes, sir.
MRS. SNOWDEN:
Do you wish the Petition read?
SUPERVISOR DIEHL:
I don't think it's necessary. Mr. Aldrich?
RUSSELL E. ALDRICH, ESO:
No, reading of the Petition is not necessary.
I would like to speak in favor of this Application
which is made to the two Towns, the Town of Fishki:
and the Town of Wappingers; and this Application i:'
made by and on behalf of, and I speak on behalf of,
the Chelsea Fire District and the Hughsonvill Fir,?
District. This Application has been designed to
have you gentlemen of the two Town Boards permit
two fire districts to straighten the boundary lin
between them, so far as it covers certain portion.
of the Town Boundaries, in accordance with the
descriptions contained in the Petition which was
acknowledged on the 9th of July, 1975 and filed with
both Town Clerks, and remains on file at both Town
Clerk's offices.
I have for you tonight a resolution which we
propose be adopted. This has been recommended by
all of the Fire Commissioners of the two Districts,
and it is believed to be in the best interest and
welfare
Of
current
of the people within the districts.
course, any old bonds or indebtedness, or
indebtedness will be continued, and will be
paid by those who incurred it, that is the old
district will be responsible for all of its past
debts, as formerly formed under the old boundaries;
and the new boundaries will, of course, be respons-
ible for the new bonds and indebtedness, under the
new boundary descriptions.
Also, I wish to advise you, that a
vote was
had, and it was unanimous on both Boards of Fire
Commissioners, and they have approved this Petitin-
It now remains to have a majority of tonight's
combined, two Town Boards, sitting as a joint Boar,
at a Public Hearing, to vote and approve the Resol-
ution and Application. Copies of the Resolution
have been distributed to the Town Clerks.
SUPERVISOR DIEHL:
Thank you. For the record, that was Russell F.
Aldrich, Attorney At Law, speaking.
Mrs. Snowden, you have the Resolution before
you?
MRS. SNOWDEN:
Yes, sir.
SUPERVISOR DIEHL:
Would you please read the Resolution?
MRS. SNOWDEN:
Yes, sir.
"Minutes of Special Joint Meeting of the
Town Boards of the Towns of Wappinger and Fish
kill, both of the County of Dutchess, State o'
New York, held pursuant to Article 11, Sectio.
172-a of the Town Law of the State of New Yor'
"Whereas, there was duly presented to t}i
Town Boards of the Towns of Wappinger and Pis
kill, Dutchess County, New York, each and bot
of them, a written petition, dated and acknow
ledged on the 9th day of July, 1975, by the
Board of Fire Commissioners of the Hughsonvi
Fire District, situate in the Town of Wapping
Dutchess County, New York, and by the Board
Fire Commissioners of the Chelsea Fire Distri_
situate in the Towns of Wappinger and Fishkill,
Dutchess County, New York, requesting the Town
Boards of the Towns of Wappinger and Fishkill,
each and both of them, to take such steps as
may be necessary, pursuant to law, and in part-
icular Article 11, Section 172—a of the Town
Law, to permit, allow and effectuate the alter-
ation of the boundaries of the respective fire
districts in the manner set forth in said
written petition, and that the said Town Board:,.
acting jointly, make and effect the same, and
alter the boundaries of said petitioning Fire
Districts in accordance with.the petition file
with said Town Boards, but not in such a mannel
as to include territory not previously situate
within such Fire Districts, nor to exclude
territory previously situate therein, which F;--1.
written petition was signed by a majority of
the members of the Board of Fire Commissioners
of each Fire District, and acknowledged in thc
same manner as a deed to be recorded; and
"Whereas, said petition, filed as
aforesaid with each of said Townships, reques!
each and both of said Town Boards to alter t.11.
boundaries of the respective Fire Districts
manner following, to wit:
"That portion of the existing common
boundary line of the said two fire distric
which extends from the easterly line of
Route 9-D on the east to the easterly bank
of the Hudson River on the west shall be
relocated along the following described
line, which said line shall henceforth be
the said common boundary line, and all
lands north of said following described
line shall henceforth be included in
Hughsonville Fire District and all lands
south of said following described line
shall henceforth be included in Chelsea
Fire District. The proposed new common
boundary line is described as follows:
"Beginning at a point on the east
side of Route 9-D, where an existing fir,
district sign marks the point where the
existing fire district boundary line
crosses said Route 9-D, and running then
along the said easterly side of Route 9-
S 38° 08' 20" W 454.06 feet to a point
that is distant S 74° 11' 42" W 62.40 fc
from Central Hudson Gas and Electric
Corporation Pole #59502; thence generally
westerly generally along the line of said
utility's poles and through its right of
way S 74° 11' 42" W 1000.44 feet, S 83°
56' 42" W 1032.68 Feet, N 48° 13' 18"
W 1948.95 feet, and N 30° 11' 18" W 1222.'31
feet more or less to the easterly bank
of the Hudson River,"; and
Whereas, a notice in due form, containing
a description of the proposed new boundary linc,
as aforesaid, together with other material,
specifying the time when and the place where tH:
Town Boards of the Towns of Wappinger and Fish
kill, acting jointly, would meet to consider
the aforesaid written petition, and hear all
sons interested in the subject matter concernir!
the same, was duly published and posted as
required by law; and
"Whereas, pursuant to such notice, a pub1H.
hearing was duly held by said Town Boards,
acting jointly, at which a majority of the mer:,-
bers of each of such Town Boards was present
and voting, on the 22nd day of September, 197-_,
at 7:30 o'clock in the afternoon thereof,
Eastern Daylight Savings Time, at the Town Hal,
of the Town of Wappinger, Mill Street, Village
of Wappingers Falls, Dutchess County, New York,
and
"Whereas, all persons interested who desir•
to be heard, were heard, and due deliberation
having been had,
"Now, upon the evidence given at such
public hearing and on the motion of . . • I
seconded by . . . , it is
"Resolved and determined, pursuant to
Article 11, Section 172-a of the Town Law of
the State of New York, the petition, aforesai0,
was duly filed with the Town Clerks of the To;
of Wappinger and Fishkill, Dutchess County, Ne:
York, and the same was a written petition of
the Board of Fire Commissioners of the Hughso.n
ville Fire District and the Chelsea Fire Dist-
rict, they being the districts affected by thi
resolution, and signed by a majority of the
members of the Board'of Fire Commissioners of
each said Fire District, and acknowledged in
the same manner as a deed to be recorded, and
notice of a Public Hearing upon such written
petition was duly published and posted, as
required by law, and thereafter, and on the
22nd day of September, 1975, at 7:30 o'clock
Easter Daylight Savings Time, a Public Hearing
was had thereon, and all persons in favor and
opposed to the prayer for relief requested in
said petition having been heard, and it appear-
ing that the alteration of boundaries of the
Hughsonville Fire District and the Chelsea
Fire District shall not be done in such a mann,
-
as to include territory not previously situate
within such District, nor to exclude territory
previously situate therein, and that said noti(
of Public Hearing also, among other things,
specified that each district affected and stat-
in general terms the manner in which it is pro-
posed to alter the boundaries thereof, and thf
same having been duly filed, together with an
Affidavit of Publication thereof, showing publ
cation of the same, as required by law, and it
appearing that no part of the territory, or 1,-1,-.
affected by the alteration of boundaries is
situate in the territorial confines of any
Incorporated Village or City, and further, thil'
in the event the boundaries of either of the
said Fired Districts, or both of them, have an
indebtedness, either bonded or temporary, such
v.^
2
I;
districts shall continue, in law, as existed
immediately prior to any alteration or change
of boundaries for the purpose of paying auch
indebtedness, and shall be annually assessed
and levied upon and collected from the taxable
and real property within such district, as exist
immediately prior to such alteration of boundar
and in the same nanner, at the same time, and
the same officers as town taxes are assessed,
levied and collected, a sum sufficient to pay
any indebtedness and interest thereon as the
same shall become due, and further, all and onl_
the real property within the boundaries of the
district aseach of the same may exist after th,-,
alteration thereof, shall be liable for the pay-
ment of indebtedness, if any, incurred for the
purposes of such district after such alteration,
and that it is in the public interest to grant
whole the relief sought in the written petitior
filed as aforesaid; and it is further
"Resolved, that the joint Town Boards of
the Towns of Wappinger and Fishkill in all
respects approve the establishment of the altel
ations of boundaries between the Hughsonville
Fire District and the Chelsea Fire District,
by
both of the County of Dutchess and the State of
New York, which same shall henceforth have a
boundary, or part thereof, as is hereinafter
described, to wit:
"That portion of the existing common
boundary line of the said two fire distric':
which extends from the easterly line of
Route 9-D on the east to the easterly ban
of the Hudson River on the west shall be
relocated along the following described
line, which said line shall henceforth be
the said common boundary line, and all Ian'
north of said following described line sha
henceforth be included in Hughsonville Fir
District, and all lands south of said
following described line shall henceforth
be included in Chelsea Fire District. Tb -
proposed new common boundary line is des-
cribed as follows:
"Beginning at a point on the east
side of Route 9-D, where an existing fire
district sign marks the point where the
existing fire district boundary line
crosses said Route 9-D, and running thenc,
along the said easterly side of Route 9-0
S38° 08' 20" W 454.06 feet to a point that
is distant S 74° 11' 42" W 62.40 feet fro;1
Central Hudson Gas and Electric Corporation
Pole #59502; thence generally westerly,
generally along the line of said utility'
poles and through its right of way S 74°
11' 42" W 1000.44 feet, S 83° 56' 42" W
1032.68 feet, N 48° 13' 18" W 1948.95 feet,
and N 30° 11' 18" W 1222.60 feet more or
less to the easterly bank of the Hudson
River."; and it is further
"ResOlved,the Town Clerks of the Towns or
Wappinger and Fishkill, or either of them, sha
cause a certified copy of this Resolution,
adopted at a joint meeting of the Town Boards
the Towns of Wappinger and Fishkill, to be dul
recorded in the Office of the Clerk of the
County of Dutchess, and shall also, within ten
days from the adoption hereof, cause a certif-
ied copy of this resolution to be filed in thr,
State Department of Audit and Control, at
Albany, New York; and it is further
"Resolved, the prayer contained in the
petition is hereby in all respects granted anr'
the boundary between the Hughsonville Fire
District and the Chelsea Fire District, is
amended, altered and changed in accordance with
said writtenpetition, effective immediately."
SUPERVISOR DIEHL:
Thank you, Mrs. Snowden; I will now ask for
questions, or objections, from the audience. As I
am sure you people are,. I am a bit confused from the
reading, of the descriptions as read, but I do under-
stand it, and I have it in front of me, so I will
understand if there are questions concerning the
borders and boundaries. This Public Hearing is now
opened to the public for your comments in favor or
against the changes in boundaries.
I will say, that I think it is the opinion of
the Boards and its members here, and it is the
recommendation of the Commissioners of both Fire
Districts, that this be adopted. I believe that we
are all in favor of this.
Are there any persons in the audience who wish
to speak out, for or against? If not --
UNIDENTIFIED SPEAKER:
I think all those present, here, are on the
Commissioners' Boards, and of course, favor this.
SUPERVISOR DIEHL:
If there are no objections, questions, or staL
ments, I will entertain a motion, then, from the
Board of the Town of Fishkill, or the Town of
Wappinger, that this Resolution be adopted.
SUPERVISOR MULLER:
I will move that the Resolution, as read, be
adopted.
SUPERVISOR DIEHL:
Moved by Supervisor Muller of the Town of
Fishkill. Is there a second from the Town of
Wappinger?
COUNCILMAN JENSEN:
Second.
SUPERVISOR DIEHL:
Seconded by Wappinger Councilman Jensen.
Roll call vote, Mrs. Snowden?
MRS. SNOWDEN:
Supervisor Diehl?
SUPERVISOR DIEHL:
Yes.
MRS. SNOWDEN:
Councilman Jensen?
COUNCILMAN JENSEN:
Yes.
MRS. SNOWDEN:
Councilman Versace?
COUNCILMAN VERSACE:
Yes.
SUPERVISOR DIEHL:
Roll call vote for the Town of Fishkill, Mrs.
Beckett?
MRS. BECKETT:
Supervisor Muller?
SUPERVISOR MULLER:
Yes.
MRS. BECKETT:
Councilman Romagnoni?
COUNCILMAN ROMAGNONI:
Yes.
MRS. BECKETT:
Councilman Hennebery?
COUNCILMAN HENNEBERY:
Yes.
SUPERVISOR DIEHL:
Declare the vote to be unanimous. A Motion will_
be entertained to close this Public Hearing.
COUNCILMAN HENNEBERY:
If there's no more business to come before both
Boards, jointly, so moved.
SUPERVISOR DIEHL:
Motion by Fishkill Councilman Hennebery. Is
there a second?
COUNCILMAN VERSACE:
Second.
SUPERVISOR DIEHL:
Seconded by Wappinger Councilman Versace.
All in favor?
[VOICE VOTE TAKEN, INDICATING UNANIMOUSLY
IN FAVOR OF CLOSING THE PUBLIC HEARING.]
SUPERVISOR DIEHL:
This Public Hearing is declared closed.
[7:50 P. M. PUBLIC HEARING CONCLUDED.]
-000oo-
CERTIFICATI 0 N
STATE OF NEW YORK )
ss:
DUTCHESS COUNTY )
I, PHILIP E. STILLERMAN, a stenotype reporter do
hereby certify, that the foregoing town hearing was held
at the Town of Wappinger, Town Hall, Mill Street, Village
of Wappingers Falls, County of Dutchess, State of New Yorl-,
1 in the matter of The Application of the IIUGHSONVILLE FIRE
DISTRICT and the CHELSEA FIRE DISTRICT for Leave to Alter
the Boundaries of Each Respective Fire District, on Monday
September 22nd, 1975 at 7:30 o'clock p. m., and that I
faithfully and impartially recorded, stenographically, the
questions, answers and colloquy.
I further certify, that after said hearing was recor-'-
ed it was reduced, by me, to typewriting, and I hereby
submit that the within is a true and accurate transcript
of my stenographic minutes, to the best of my ability.
I further certify, that I am not a relative of, nor
an attorney for, any of the parties connected with the
aforesaid hearing, nor otherwise interested in the test-
imony of the witnesses.
PHILIP E. STILLERMAN
Hearing Reporter
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