1970-10-08 SPM237
WAIVER OF NOTICE OF SPECIAL
MEETING OF THE TOWN BOARD OF
THE TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
The undersigned, being all of the members of the Town Board
of the Town of Wappinger, Dutchess County, New York, do hereby
waive notice of the time and place of the holding of a Special
Meeting of said Town Board, and do hereby agree and consent that
the same be held on the 8th day of October, 1970 at 5:00 o'clock
in the afternoon of that day at the Town Hall of the Town of
Wappinger, Mill Street, in the Village of Wappingers Falls, Town
of Wappinger, Dutchess County, New York, for the transaction of
all business which may properly come before the meeting or any
adjournment thereof.
Councilman
Councilman
Due and timely notice of the above mentioned meeting is
hereby admitted.
Town Clerk
Town of Wappinger
The above waiver having been signed by all Town Board members, each
for himself, Supervisor Diehl called the meeting to order at 6:00 P.M.
RESOLUTION AUTHORIZING THE PURCHASE BY THE TOWN OF
WAPPINGER, DUTCHESS COUNTY, NEW YORK, OF CERTAIN REAL
PROPERTY FOR PARK PURPOSES AND AUTHORIZING THE ISSUANCE
OF #3,900 CAPITAL NOTES AND $74,100 SERIAL BONDS OF
SAID TOWN TO PAY A PART OF THE COST THEREOF.
The following resolution was offered by COUNCILMAN CLAUSEN
who moved its adoption, seconded by Councilman Finnan, to -wit:
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BE IT RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. The acquisition by purchase by the Town of Wappinger,
Dutchess County, New York, of approximately 52.1 acres of land located
on All Angels Road in said Town, to be used for park purposes, is
hereby authorized at a maximum estimated cost of $78,000.
Section 2. The plan for the financing of the aforesaid specific
object or purpose is as follows:
a) By the issuance of $3,900 capital notes of said Town,
which are hereby authorized to be issued therefor, and
all further powers in connection with the details and
sale of such capital notes are hereby delegated to the
Supervisor, in conformity with law. Pursuant to Section
107.00 of the Local Finance Law, the proceeds from the
sale of such capital notes will be provided prior to
the issuance of the bonds herein authorized or bond
anticipation notes. Said $3,900 capital notes shall
constitute the down payment required by Section 107.00
of the Local Finance Law;
b) By the issuance of $74,100 serial bonds of said Town
hereby authorized to be issued therefor pursuant to
the Local Finance Law.
Section 3. It is hereby determined that the period of probable
usefulness apiiicable to the aforesaid specific object or purpose is
thirty years pursuant to subdivision 21 (a) of paragraph 2 of Section
11.00 of the Local Finance Law. It is hereby further determined that
the maximum maturity of the serial bonds herein authorized will
exceed five years.
Section 4. The faith and credit of said Town of Wappinger,
New York, are hereby irrevocably pledged for the payment of the
principal of and interest on such obligations as the same respect-
ively 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. There
shall annually be levied on all the taxable real property of said
Town, a tax sufficient to pay the principal of and interest on
such obligations as the same become due and payable.
Section 5. 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 6. The validity of such obligations may be contested
only;if:
1) Such obligations are authalzed 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
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3) Such obligations are authorized in violation of the
provisions of the Constitutuion.
Section 7. Upon this resolution taking effect the same.shall
be published in full in W&SD News, the official newspaper of said
Town, together with a notice of the Town Clerk in substantially
the form provided by Section 81.00 of the Local Finance Law.
Section 8. This resolution is adopted subject to a mandatory
referendum.
The question of the adoption -of the foregoing resolution was
duly put to a vote on roll call, which resulted as follows:
Supervisor Diehl Aye
Councilman Clausen Aye
Councilman Finnan Aye
Councilman Holt Aye
Councilman Mills Aye
The resolution was thereupon declared duly adopted.
RESOLUTION CALLING A SPECIAL ELECTION OF THE TOWN
OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AND PROVID-
ING FOR OTHER MATTERS IN CONNECTION THEREWITH.
The following resolution was offered by COUNCILMAN CLAUSEN
who moved its adoption, seconded by Mr. Mills, to -wit:
WHEREAS, the Town Board of the Town of Wappinger, Dutchess
County, New York, duly -adopted a bond and capital note resolution
on October 8, 1970, authorizing the issuance of $3,900 capital
notes and $74,100 serial bonds, to pay the cost for the acquisi-
tion of park lands consisting of 52.1 acres of land on All Angels
Road, in the Town of Wappinger, Dutchess County, New York, which
resolution is subject to a.mandatory referendum; and_
WHEREAS, the Town Clerk has prepared and transmitted to said
Town Board the form of the proposition for the approval of such
resolution in accordance with Section 92_of_the Town Law; and.
WHEREAS, it is now desired to .call a special election of said
Town for the submission of said proposition; NOW THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
Section 1. A special.election:-of.the qualified voters of the
Town of Wappinger, Dutchess County, New York; shall be held on the
3rd day of November, 1970, for the purpose of voting upon the propo-
sition referred to in the preambles hereof. Voting shall be by
machine,and the polls at such election shall be kept open between
the hours of 6:00 o'clock A.M. and 9:00 o'clock P.M. Eastern Standard
Time. The places at which the qualified voters of each election
district shall vote are fixed as follows:
1.' Voters .of District No. al :shall vote .at• the Police Station,
at the Mesier Homestead,_ Village of Wappingers Falls, New York,
2. Voters of District No. 2 shall vote at the Town Hall,
Mill Street, Village:.of_.Wappingers=Falls;.New_York:
:3.: -Voters of:District No. 3.shall-vote at the Garner Fire:House,
East -Academy -Street, Wappingers Falls; New_York.
4. Voters of District No. 4_•shall vote at the Myers.Corners
Elementary School, Myers Corners Road, Town of Wappinger, New York.
5. Voters of District No. 5 shall vote at Ketcham High School,
Myers Corners Road, Town of Wappinger, New York.
6. Voters of Districts Nos. 6 and 7 shall vote at the New
Hackensack Fire House, Myers Corners Road, Town of Wappinger, New York.
7. Voters of District No. 8 shall vote at Ketcham High School,
Myers Corners Road, Town of Wappinger, New York.
8. Voters of Districts Nos. 9 and 10 shall vote at Mt. Hope
Grange, Myers Corners Road, Town of Wappinger, New York.
9. Voters of District No. 11 shall vote at the Myers Corners
Elementary School, Myers Corners Road, Town of Wappinger, New York.
10. Voters of Districts Nos. 12 and 13 shall vote at the
Hughsonville Fire House, Old Hopewell Road, Hughsonville, New York.
11. Voters of District No. 14 shall vote at Old Chelsea School
House, Liberty Street, Chelsea, New York.
Section 2. The Town Clerk of said Town is hereby authorized
and directed to give notice of said election by publication in
W&SD News, the first publication of such notice to be made at
least ten days prior to the time of such special election. In
addition, the Town Clerk shall post or cause to be posted a copy
of such notice on the SignBoard maintained pursuant to subdivision
6 of Section 30 of the Town Law at least ten days prior to such
election. Said notice shall be in substantially the following
form, to wit:
NOTICE OF SPECIAL ELECTION
Notice is hereby given that a special Town election of the
Town of Wappinger, Dutchess County, New York, will be held in
said Town on the 3rd day of November, 1970, at which the polls
will be kept open between the hours of 6:00 o'clock A.M. and
9:00 o'clock P.M., Eastern Standard Time, for the purpose of
voting by machine on the following proposition:
PROPOSITION
SHALL THE BOND AND CAPITAL NOTE RESOLUTION dated October 8,
1970, duly adopted by the Town Board of the Town of Wappinger,
Dutchess County, New York, on said date authorizing the issuance
of $3,900 capital notes and $74,100 serial bonds of said Town, to
pay the cost of acquisition of park lands consisting of approximate-
ly 52.1 acres of land located on All Angels Road in said Town, to
be used for park lands; determining that the maximum estimated cost
of such acquisition if 478,000 and that the plan for the financing
thereof,is by the issuance of said capital notes and serial bonds;
delegating all further powers in connection with the details and
sale of said capital notes and determining that the proceeds from the
sale thereof will be provided as the required down payment; determining
that the period of probable usefulness of said land acquisition is
thirty years, and that the maximum maturity of said serial bonds
will exceed five years; pledging the faith and credit of said Town
for the payment of the principal of and interest on said obligations
and interest; delegatingto the Supervisor power to authorize,and
sell bond anticipation notes; containing an estoppel clause, be
approved?
A copy of the resolution described in the aforesaid proposition
is on file in the office of the Town Clerk of said Town, located at
Town Hall, Mill Street, in Wappingers Falls, New York, and may be
examined by any interested person during business hours.
A person shall be entitled to vote upon the aforesaid proposi-
tion provided he or she is an elector of the Town of Wappinger, New
York: (The places at which the qualified voters of each election
district shall vote have been listed previously in this Resolution,)
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Section 3. This resolution -shall take effect immediately.
The question of the adoption of the foregoing resolution was
duly put to a vote on roll call, which resulted as follows:
Supervisor Diehl Aye
Councilman Clausen Aye
Councilman Finnan Aye
Councilman Aye
Councilman Mills Aye
The Resolution was thereupon declared duly adopted.
LOUIS DIEHL made a motion to remove the following items from the
Preliminary Budget of 1971 before voting to adopt this Budget:
$14,000 Recreation Budget for Robinson Lane, $12,000 for Comptroller,
$2,000 on Ambulance, $2,000, Assessors, seconded by Mr. Clausen.
Roll Call Vote:
Louis Diehl Aye
Louis Clausen Aye
G. Donald Finnan Abstain
Harry Holt Nay
Jame 8 Mills Nay
Motion Defeated
MR. MILLS made a motion to adopt the Preliminary Budget of 1971 as
is, review the cuts at allater,meetingand set-aPublic Hearing for
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Thursday, Odtober'29, 1970,:at 7:30 P.M. Seconded by Mr. Finnan.
Roll Call Vote:
Louis Diehl Nay
Louis Clausen Nay
G. Donald Finnan Abstain
Harry Holt Aye
James Mills -Aye
Motion Defeated
Discussion followed on the merits of cutting various items from the
Budget. The Board agreed that the following statement regarding the
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adoption of the preliminary budget be released in conjunction with
the legal notice of prelimiftary budget adoptioni
uThe Town Board has received all of the budget requests from the
various deparments and agencies of the Town. These requests have
been compiled and adopted as the Preliminary Budget.
Prior to the Budget Public Hearing and adoption, the Town Board,
meeting as a full Financial ComMittee, will conduct studies with
all Department Heads and Agencies. It is expected that these meet-
ings will consume several evenings.
Prior to the Budget Public Hearing, the full Board will report its
findings which will be presented at the Public Budget Hearing on
October 29, 1970, at 7:30 P.M.
At the Public Hearing, all items of the Budget will be explained.
Department Heads and agency members (such as Recreation) will_be
asked to attend to explain to the public the needs of their Depart-
ment.
After the presentation of the Towns' Budget report and the Public
Hearing, the final Budget will be adopted within 5 days of the meeting.
RESOLUTION OF TOWN BOARD APPROVING
PRELIMINARY BUDGET AND CALLING
PUBLIC HEARING THEREON
The following Resolution was offered by COUNCILMAN MILLS, who
moved its adoption:
RESOLVED, that this Town Board does hereby prepare and approve
as the preliminary budget of this Town for the fiscal year beginning
on the 1st day of January, 1971, the itemized statement of estimated
revenues and expenditures hereto attached and made a part of this
resolution, and be it
FURTHER RESOLVEDi that such preliminary budget shall be, filed,
in the office of the Town Clerk where it shall be available for
inspection by any interested person at all reasonable hours, and
be it
FURTHER RESOLVED, that this Board shall meet at 7:30 o'clock P.M.
on the 29th day of October, 1970, for the purpose of holding a public
hearing upon such preliminary budget, and be it
FURTHER RESOLVED, that the Town Clerk give notice of such public
hearing in the manner provided in Section 113 of the Town Law, and
that such notice be published and posted in substantially the follow-
ing form:
NOTICE OF HEARING UPON PRELIMINARY BUDGET
Notice is hereby given that the preliminary budget of the
Town of Wappinger for the fiscal year beginning January 1st, 1971,
has been completed and filed in the office of the Town Clerk, at
Mill Street, Wappingers Falls, New York, where it is available for
inspection by any interested person at all reasonable hours.
Further notice is hereby,given that the Town Board of.the Town
of Wappinger will meet and review said preliminary budget and hold
a public hearing thereon, at the Town Hall at 7:30 o'clock PJM. on
the 29th day of October 1970, and that at such hearing any person
may be heard in favor of or against the preliminary budget as
compiled or for or against any item or items therein contained.
Pursuant to Section 113 of the Town Law, the proposed salaries
of the following town officers are hereby specified as follows.:
Supervisor
Justic.e--
$
$ 5,000.
3,600.
Town Justice $ 3,600.
Councilman (each) (4) 2,000.
Town Clerk 8,500.
Superintendent of Highways 10,000.
Dated: October 13, 1970
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BY ORDER OF THE TOWN BOARD
ELAINE H. SNOWDEN
TOWN CLERK
BE IT FURTHER RESOLVED, that such notice shall be published
twice in the following newspaper having general circulation within
the Town: W & S D News, the first publication to be on or before
the 15th day of October, 1970, and the second publication on any
day subsequent thereto and before the day of such hearing.
MR. MILLS moved to adjourn the meeting, seconded by Mr. Holt and
unanimously carried.
Meeting adjourned at 6:30 P.M.
Elaine H. Snowden
Town Clerk