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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: 238 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 3 1 L 239 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,) 2 4 1 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 - - 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 • 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 243 ' 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