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1969-04-03 SPMWAIVER 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 3rd day of April, 1969, 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, 3 3 2 pervis c Councilman r.-\c-c4erlA Councilman - Councilman Due and timely notice of the above mentioned meeting is hereby admitted. ( Town Clerk Town of Wappinger A Special Meeting of the Town Board of the Town of Wappinger was held on April 3, 1969. Supervisor Diehl called the meeting to order at 5:10 P.M. All Board members being present and having signed the above waiver, each for himself. Others Present: Rudolph Lapar, Attorney to the Town William Horton, Superintendent of Highways Joseph D. Quinn, Jr. The following letter was read: 33 3 April 2, 1969 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, N.Y. Re: .Proposed Town of Wappinger Sewer Improvement Gentlemen: Previous to this time you have instituted proceedings to establish and provide a sewer improvement in a portion of the Town of Wappinger lying outside of the territorial limits of the Village of Wappingers Falls. The area to be served by the proposed improvement includes within its boundaries two existing sewer districts, the Oakwood Knolls Sewer District and the Rockingham Farms Sewer District. Plans for the -proposed improvement require dissolution of the existing districts. We have prepared and submit for your consideration two resolutions which, if adopted, will effect disoolution of the districts, If adopted, each of the resolutions will be subject to a permissive referendum in the manner prescribed in Article 7 of the Town Law, if initiating petitions are filed in the manner and within the time period proveded in Section 91 of the Town Law. Qualified electors of the Town of Wappinger, other than those in the Village of Wappingers Falls, will be eligible to vote in any referenda that may be initiated. In the event that favorable action_:_is taken upon the sub- mitted resolutions, notice of their adoption must be posted on the Town Hall bulletin board and published in the official newspaper of the Town in compliance with the provisions of Article 7. Very truly yours, s/Joseph D. Quinn, Jr. MR. CLAUSEN moved the rules be suspended, seconded by Mr. Mills, and unanimously carried. Mr. Eck asked if the application had been filed, he had called Audit & Control today and it had not been received up there. He wanted to know how long it would take, and where will the permissive referendum be? Mrs. Cottrel said it was her understanding that the district wouldn't be dissolved unless Audit & Control gives consent to it. Mr. Cornell said, referring to the permissive referendum, that Mr. Quinn had made the statement at the Public Hearing that the Rockingham district, and only Rock- ingham district, would have the right to vote on the dissolution of their district. Mr. Clausen stated that it was the Boards under- standing that it had to be a Town wide referendum. Mr. Cornell 334 then remarked that the referendum would have to be held on Election day. He was assured that this was not the case, the Boardcauld set whatever date they desired, as prescribed by Town Law. Discussion continued briefly on the various sections of Town Law under which sewer districts could be filed and referenda pro- cedure with relation to each. Mr. Lafko felt that prior resolu- tions could be rescinded so the Rockingham district alone could vote. MR. CLAUSEN moved the rules be resumed , seconded by Mr. Heady and unanimously carried. The following resolution was offered by MR. 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. Pursuant to provisions of Section 209-r of the Town Law, it is hereby found and determined that it is in the public interest to manage, maintain, operate and repair the improvements presently provided by Oakwood Knolls Sewer District, in the Town of Wappinger, Dutchess County, New York, in the manner provided by said Section, and said district is hereby dissolved in accordance with the provisions thereof. Section 2. Saiddissolution shall be effective January 1, 1970, provided that prior to such date the Town Board of the Town of Wappinger shall have authorized and the State Comptroller shall have approved the construction of a sewer improvement pursuant to Section 209-q of the Town Law, the cost of which shall be borne by local assessment upon the several lots and parcels of lands which the Town Board shall determine and specify to be especially benefited by such improvement. On and after said date, to the extent the same are not provided from sewer rents or other applicable revenues, the cost of the management, maintenance, operation and repair of the improvement of said district shall be raised in the manner provided by paragraph b of subdivision 2 of Section 209-r of the Town Law. Section 3. The outstanding indebtedness heretofore incurred on behalf of said District, evidenced by bonds or other obligations, shall remain the indebtedness of such District, as respectively incurred, and an amount sufficient to pay the principal of and interest on any bonds or other obligations outstanding and un- paid as of the date of the dissolution of such District shall annually be levied and assessed until such outstanding obliga- tions and indebtedness shall be paid. Section 4. This resolution is adopted subject to permissive referendum in the manner prescribed in Article 7 of the Town Law. Seconded by: Mr. Heady Roll Call Vote: Supervisor Diehl Ave Councilman Clausen Aye Councilman Finnan Ave Councilman Heady Ave Councilman Mills Ave Dated: April 3, 1969 Carried: April 3, 1969 MR. HEADY moved the rules be suspended, seconded by Mr. Clausen and unanimously carried. Mr. Lafko asked that Article 7, Town Law be read from the book. Mr. Quinn commented that he didn't have a copy with him and it was a bit lengthy. MR. HEADY moved the rules be resumed, seconded by Mr. Finnan. The following resolution was offered by MR. HEADY who moved its adoption: BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: - Section 1. Pursuant to provisions of Section 209-r of the Town Law, it is hereby found and determined that it is in the public interest to manage, maintain, operate and repair the improvements presently provided by Rockingham Farms Sewer District, in the Town of Wappinger, Dutchess County, New York, in the manner provided by said Section, and said district is hereby dissolved in accordance with the provisions thereof. Section 2. Said dissolution shall be effective January 1, 1970, provided that prior to such date the Town Board of the Town of Wappinger shall have authorized and the State Comptroller shall have approved the construction of a sewer improvement pursuant to Section 209-q of the Town Law, the cost of which shall be borne by local assessment upon the several lots and parcels of lands which the Town Board shall determine and specify to be especially benefited by such improvement. On and after said date, to the extent the same are not provided from sewer rents or other applicable revenues, the cost of the management, main- tenance, operation and repair of the improvement of said district shall be raised in the manner proveded by paragraph b of subdivision 2 of Section 209-r of the Town Law. Section 3. The outstanding indebtedness heretofore incurred on behalf of said District, evidenced by bonds or other obliga- tions, shall remain the indebtedness of such District, as respect- ively incurred, and an amount sufficient to pay the principal of and interest on any bonds or other obligations outstanding and unpaid as of the date of the dissolution of such District shall annually be levied and assessed until such outstanding obliga- tions and indebtedness shall be paid. Section 4. This resolution is adopted subject to permissive referendum in the manner prescribed in Article 7 of the Town Law. Seconded by: Mr. Finnan Roll Call Vote: Supervisor Diehl Ave Councilman Clausen Ave Councilman Finnan Ave Councilman Heady Ave Councilman Mills Ave Carried: April 3, 1969 Bids had been received for the purchase of a Fourwheel drive pickup truck for the Highway Dept. Mid -Hudson Chevrolet McCormack Ford Uhl Bros. Inc. $3,010.00 2,860.00 2,822.00 The Superintendent of Highways recommended the bid be awarded to Uhl Bros., Inc. at a total of $2,822.00 as low bidder. MR. FINNAN moved to accept the Highway Superintendent's recommenda- tion and award the bid for a four wheel drive pickup truck to Uhl Bros. Inc. as low bidder @ $2,822.00. Seconded by Mr. Clausen. Motion Unanimously Carried An informal bid was received from O'Shea Electrical Contractor for supplying and installation of a traffic light (for the inter- section of All Angels Hill Rd. & Myers Corners Rd.) for the total price of $1,987.00. MR. CLAUSEN moved the bid from O'Shea Electrical Contractor for $1,987.00 for supplying and installation of a traffic light be accepted. Seconded by Mr. Mills. Motion Unanimously Carried An agreement between the Town of Wappinger and Central Hudson, for furnishing electric service required for the operation of its traffic control signal was placed before the Board. The following resolution was offered by MR. HEADY who moved its adoption: WHEREAS, the Town Board has requested the Central Hudson Gas & Electric Corporation to furnish electric service required by the Town to operate its traffic control signals, and WHEREAS, the Central Hudson Gas & Electric Corporation has submitted an agreement for providing such service, NOW, THEREFORE, BE IT RESOLVED, that the agreement dated April 3, 1969, as submitted by the Central Hudson Gas & Electric Corporation be and is hereby approved, and it is further RESOLVED, that the Town Supervisor be and is hereby authorized to execute said agreement on behalf of the Town Board of the Town of Wappinger. Seconded by: Mr. Mills Roll Call Vote: Supervisor Diehl Ave Councilman Clausen Ave Councilman Finnan Aye Councilman Heady Ave Councilman Mills Ave Carried: April 3, 1969 Mr. Diehl had received the preliminary figures on the Special Census from Doris Riddick, Special Census Supervisor, and he informed the Board that the preliminary count was 21,066, as of March 16, 1969. The population of the Town in 1965 was 15,822. This means an increase in state aid of approximately$25,000. more in 1970. The expenses for conducting the census is approximately $5,000. MR. HEADY moved the meeting be adjourned. Seconded by Mr. Mills and unanimously carried. The meeting adjourned at 6:00 P.M. Elaine H. Snowden Town Clerk d