1967-12-21 SPMA Special Meeting of t.e,Town Board of the Town of Wappinger was held
December 21, 1967, at the Town Hall, Mill St., Wappingers Falls, N.Y.
Supervisor Fulton called the meeting to order at 7:20 P.M.
Present:
Joseph Fulton, Supervisor
Vincent Francese, Justice of the Peace
Louis Diehl, Councilman
Absent:
Louis Clausen, Councilman
William Bulger, Justice of the Peace
Others Present:
Quinn & Reilly, Attorneys to the Town
Rudolph Lapar, Engineer to the Town
It was so noted that Mr. Clausen's absence was due tp being a new
father. Mr. Bulger's absence was due to presiding in Justice Court.
Mr. Francese moved to recess the meeting until after the Public Hearing.
Seconded by Mr. Diehl. Motion Carried.
Recess called 7:21 P.M.
Meeting called back to order at 10:43 P.M.
Present:. Mr. Fulton, Mr. Francese, Mr. Bulger, Mr. Diehl
Absent: Mr. Clausen
Mr. Fulton moved to adopt Local Law No. 2, a law regulating the
establishment, construction, installation, extension, enlargement,
acquisition, operation and use of water supply and distribution systems
in the Town of Wappingpr,, in its entirety. Seconded by Mr. Bulger
Roll Call: Mr. Francese, Aye, Mr. Bulger, Aye, Mr. (Diehl, Nay,
Mr. Fulton, Aye. Motion Carried
Mr. Fulton moved td rescind a resolution passed at the Dec. 7, 1967
meeting, regarding the date of Jan. 18, 1968 that was set for a Public
Hearing on the proposed change in the Town of Wappinger Zoning Ordin-
ance. Seconded by Mr. Diehl. Motion Unanimously Carried.
RESOLUTION, TOWN BOARD, TOWN OF
WAPPINGER, DUTCHESS COUNTY, NEW
YORK, FIXING THE TIME AND PLACE
FORA PUBLIC HEARING TO CONSIDER
THE PROPOSED AMENDMENTS TO THE
ZONING MAP OF THE TOWN OF WAPPINGER
AND THE PROPOSED AMENDMENTS TO
SECTIONS 200, 300, 423, 424, 444 AND
455 OF THE ZONING ORDINANCE OF THE
TOWN OF WAPPINGER, AND PRESCRIBING
THE METHOD OF GIVING NOTICE. FOR
SUCH PUBLIC HEARING
The following resolution was offered by Mr. Francese, who
moved its adoptions:
WHEREAS, that portion of U.S. Route 9 situate in the Town of
Wappinger, Dutchess County, New York has recently been reconstructed
and realigned, and
WHEREAS, this Board has heretofore requested.that the Planning
Board of the Town of Wappinger conduct a study of the areas adjacent
to the said U.S Route 9 for the purpose of revising the zoning map
with respect to said areas, and
WHEREAS, this Board has further requested that the Planning
Board of the Totnjn of Wappinger review and study the present zoning
ordinances of the Town of Wappinger for the purpose of the up -dating
and revising of the same, and.
WHEREAS, the Town of Wappinger Planning Board has investigated'
such matters and has prepared a written report and recommendation
relating thereto, which report and recommendation have been filed
with this Board and which report and recommendation propose the
amendment of the Town,of Wappinger zoning map with respect to those
areas adjacent to the reconstructed and realigned U.S. Route 9 and
also for amendments to Sections 200, 300, 423, 424, 444 and 455 of
the zoning ordinance of the Town of Wappinger,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of
Wappinger as follows:
Section 1. That a public hearing shall be held to consider
the proposed amendments to the Town of Wappinger zoning map and the
proposed amendments to Sections 200, 300, 423, 424, 444 and 455 of
the zoning ordinance of the Town of Wappinger at the Town Hall, Mill
Street, Village of Wappingers Falls, Town of Wappinger, Dutchess
County, New York on the 15th day of February, 1968, at 8:00 o'clock
in the afternoon of that day.
Section 2. That at least 10 days notice of such hearing
shall be given by the Town Clerk of the Town of Wappinger by due
posting thereof upon the bulletin.board maintained by the said Town
Clerk in the Town Hall and by publishing such notice at least once
in the official newspaper of the Town of Wappinger.
Section 3. That written notice.of the -proposed amendments
to the Town of Wappinger zoning map and the zoning ordinance of the
Town of Wappinger shall be given by the Town Clerk of the Town of
Wappinger to the Clerk of the Village of Wappingers Falls, Dutchess
County, New York and to the Clerk of the Town of Fishkill, Dutchess
County, New York, at least 10 days prior to the date of said public
hearing.
Section 4. That the proposed amendments to the Town of Wappinger
zoning map'and the Town of Wappinger zoning ordinance shall be -
referred to the Dutchess County Planning Board, at least 30 days
prior to the date of the said public hearing.
Section 5. That a copy of the full text of the proposed amend-
ments of the Town of Wappinger zoning ordinance and a copy of the
Town of,Wappinger zoning map as proposed to be amended be published
in the official newspaper of the Town of Wappinger and posted on the
bulletin board maintained by the Town Clerk with the aforesaid notice
of the public hearing.
Seconded by:. Mr. Diehl
Ayes 4 Nays 0
Carried: December 21, 1967
Resolution Duly Adopted
Order for North Wappinger Sewer District #1 (Inserted on following
page).
The Order for N.W.S.D. #1 is annexed hereto, in its entirety, for
setting a date for a Public Hearing (set for Jan. 18, 1968, 8 P.M.)
The Order for the Town of Wappinger Sewage Disposal District is
annexed hereto, in its entirety, for setting a date for a Public
_Hearing (set for Jan. 25, 1968, 8 P.M.)
Bills to be paid were presented in the following amounts:
General Fund $ 5,454.65 Rockingham Farms $ 551.25
Oakwood 6,547.84
Mr. Francese moved the bills be paid, subject to audit. Seconded by
Mr. Bulger.. Motion Unanimously Carried.
Discussion concerning Resolutions for a road bonding program was held.
Mr. Quinn explained the need for two resolutions the first to set the
amount, the second setting up a referendum for acceptance. Mr. Bulger
voiced his feelings regarding this resolution and, directing himself to
Mr. Diehl, he pointed out that they had generally agreed that this would
be the cheapest for the people,, but that Mr. Diehl didn't think the
people would support this due to the,magnitude of money involved. He
hoped that, as these thii'igs are vital to the town, that a road program
is needed by the town and they were disagreeing on methods, and not
along political lines. Mr. Diehl -agreed that it shouldn't be a
political issue. He then asked Mr. Diehl that if this was not
supported by the people, that he would continue to try another method
and Mr. Diehl agreed that this would be the sensible thing to do.
The following resolution was offered by Mr. Fulton, who moved its
adoption, seconded by Mr. Francese, to -wit:
BOND AND CAPITAL NOTE RESOLUTION DATED DEC. 21, 1967.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,298,650
SERIAL BONDS AND $68,350 CAPITAL_NOTES OF THE TOWN
OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE
COST OF CONSTRUCTION OF TOWN HIGHWAYS INCLUDING
INCIDENTAL IMPROVEMENTS IN CONNECTION.THEREWITH.
BE IT RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. The classes of objects or purposes for which the
obligations hereinafter authorized are to be issued is the construc-
tion of town highways in and for the Town of Wappinger, Dutchess County,
New York, at a maximum estimated cost of $1,182,000, including inciden-
tal improvements in connection therewith, and the acquisition of lands
and rights in land necessary therefor, at a maximum estimated cost of
$185,000.
Section 2. The total maximum estimated cost of the aforesaid
classes of objects or_purposes is $1,367,000 and the plan for the
financing thereof is as follows:
a) By the issuance of $1,298,650 serial bonds of said Town
of Wappinger, New York, hereby authorized to be issued
therefor pursuant to the Local Finance Law; and
b) By the issuance of $68,350 capital notes of said Town,
hereby authorized to be issued therefor pursuant to the
Local Finance Law. All further powers in connection with
the details and sale of said_capital_notes,are hereby
delegated_to_the Supervisor of said Town, the chief
fiscal officer. The proceeds from the sale of said
capital notes will be proveded prior to the issuance
of the serial bonds herein authorized or any bond
anticipation notes issued in anticipation thereof._
Section_3. The following determinations are hereby made:
a) Of the aforesaid $1,298,650 serial bonds and $68,350
capital notes, $1,122,900 and $59,100 respectively,
shall be used to pay the cost of the aforesaid construg-
tion, the period of probable usefulness of which is
fifteen years, pursuant to subdivision 20 (c) of para-
graph a of Section 11.00 of the Local Finance Law; and
b) Of the aforesaid $1,298,650 serial bonds and $68,350
capital notes, $175,750 and $9,250 respectively, shall
be used to pay the cost of the aforesaid acquisition of
lands and rights in land, the period of probable useful-
ness of which is thirty years, pursuant to subdivision
21 (a) of paragraph a of Section 11.00 of the Local
Finance Law; and
c) The maximum maturity of the serial bonds herein author-
ized will exceed five years.
Section 4. The faith and credit of said Town of Wappinger,
AT a Special Meeting of the Town
Board of the Town of Wappinger,
Dutchess County, New York, held at
the Town Hall, in the Village of
Wappingers Falls, in said Town of
Wappinger, Dutchess County, New
York, on the 21st day of December, 1967
PRESENT:
JOSEPH H, FULTON, Supervisor
LOUIS DIEHL, Councilman
WILLIAM J. BULGER, Justice of the Peace
VINCENT S. FRANCESE, Justice of the Peace
ABSENT: LOUIS C. CLAUSEN, Councilman
IN THE MATTER
of
THE ESTABLISHMENT OF A SEWER DISTRICT
IN THE TOWN OF WAPPINGER, DUTCEIESS
COUNTY, NEW YORK, TO BE KNOWN AND
DESIGNATED AS NORTH WAPPINGER SEWER
DISTRICT NO. 1, PURSUANT TO ARTICLE
12-C OF THE TOWN LAW.
ORDER FIXING
TIME AND PLACE
FOR PUBLIC
HEARING ON
ESTABLISHMENT
OF SEWER
DISTRICT
WHEREAS, a map, plan and report have been prepared in such
a manner and in such detail as have been determined heretofore by the Town
Board of the Town of Wappinger relating to the establishment and formation
of a sewer district in the northerly area of said town, and
WHEREAS, said map, plan and report have been prepared by Adler-
Brenner & Associates and Rudolph E. Lapar, competent professional
engineers duly licensed by the State of New York, showing the boundaries
of the proposed district, a general plan of the sewer system and a report
of the proposed method of operation, and
WHEREAS, said map, plan and report show all outlets and the
terminus and course of each proposed sewer main, as well as the location
and a general description of all sewage disposal plants, pumping stations
and other public works required to serve the proposed sewer district, and
WHEREAS, the boundaries of the proposed sewer district are
tl
described in Schedule A which is annexed hereto and made a part hereof
and incorporated herein by reference to the same extent as if the same
were more fully set forth herein, and
tl
WHEREAS, existing lateral sewers now constructed and installed
within the area of the proposed sewer district and the necessary rights
of way and easements therefor are to be transferred and conveyed by the
owners thereof to the proposed district without cost and expense, and
WHEREAS, lateral sewers to be installed in the future in the area
of the proposed sewer district are to be constructed by the owners and
developers of properties situate therein at the expense of such property
owners and developers and are to be transferred and conveyed to the proposed
sewer district without cost, and in similar manner all necessary rights of
way and easements for installation of such future lateral sewers are to be
acquired by such property owners and developers and are to be transferred
and conveyed by them to the proposed sewer district without cost, and
WHEREAS, all sewerage facilities, other than lateral sewers
hereinbefore referred to, required to provide collection, treatment and
disposal service for the proposed sewer district and other existing sewer
districts in the Town of Wappinger are to be acquired and/or constructed
by a sewage disposal district to be formed and established for the purpose
of conveying, treating and disposing of sewage from said existing sewer
districts, and the proposed sewer district, and
-2-
WHEREAS, the formation and establishment of the sewer district
proposed herein will result in no cost or expense to the Town of Wappinger
or said proposed district for improvements or otherwise, and
WHEREAS, the aforesaid map, plan and report have been duly
filed in the office of the Town Clerk of the Town of Wappinger,
Now, on motion of Mr. Diehl, seconded by Mr. Francese, it is
hereby
ORDERED, thatthe Town Board of the Town of Wappinger shall
meet and hold a public hearing at the Town Hall, Mill Street, in the Village
of Wappingers Falls, in said Town, on the 18th day of January, 1968,
at 8:00 o'clock in the afternoon of said day to consider the aforesaid map,
plan and report, and to hear all persons and parties interested in the
subject thereof concerning the same, and to take such action thereon as is
required or authorized by law, pursuant to Article 12-C of the Town Law.
The question of adoption of the foregoing order was duly put to a
vote on roll call which resulted as follows:
Mr. Fulton voting Aye
Mr. Diehl voting Aye
Mr. Bulger voting Aye
Mr. Francese voting Aye
The order was thereupon declared duly adopted.
-3-
NORTH WAPPINGER SEWER DISTRICT #1
Beginning at a point said point lying at the intersection
of the Town of LaGrange, the Town of Wappinger and the Town of
Poughkeepsie, said point also lying in the centerline of
Wappinger Creek and running thence along the boundary line
between the. Town of LaGrange and the Town of Wappinger in an
easterly direction a distance of 12000± feet to a point, said
point lying on the intersection of the easterly right-of-way of
Diddell Road and the Town Line of the Town of Wappinger and the
Town of LaGrange; thence turning and running along the easterly
right-of-way of Diddell Road in a southwesterly direction a
distance of 4346± feet to a point, said point lying on the
easterly right-of-way of Diddell Road and also being the north-
erly corner of a lot designated as lot 2, block 1, Town of
Wappinger, tax map 15; thence in a southeasterly direction along
lot lines of lots 2, 3, 4, block 1, tax map 15 a distance of
5755± feet to a point, said point being the southeasterly corner of
lot 4, block 1, tax map 15; thence in a southwesterly direction
along the southerly lines of lots 4 and 6, block 1, tax map 15 a
distance of 1955± feet to a point, said point being the southerly
corner of lot 6, block 1, tax map 15, said point also being the
easterly corner of lot 1, block 1, tax map 16; thence continuing
in a southwesterly direction along the southerly lines of lots 1,
2, and 5, block 1, tax map 16 a distance of 3210± feet to a point,
said point being the southerly corner of lot 5, block 1, tax map
16, said point also being the easterly line of lot 50, block 1,
1
ed
A
tax map 22; thence in a southeasterly direction along the
easterly line of lot 50, block 1, tax map 22 a distance of 30±
feet to a point, said point being the easterly corner of lot
50, block 1, tax map 22; thence in a southwesterly direction
along the northerly and westerly line of lot 85, block 1, tax
map 22 a distance of 1844± feet to a point, said point being
the southwesterly corner of lot 85, block 1, tax map 22 and the
northwesterly corner of lot 97, block 1, tax map 22; thence in
a southerly direction along the westerly line of lot 97, block
1, tax map 22 a distance of 480± feet to a point said point
lying on the southerly line of Meyers Corner Road; thence in a
southerly direction along the westerly line of lot 4.1, block 1,
tax map 24 a distance of 980± feet to a point, said point being
the southeasterly corner of lot 20, block 1, Lax map 24; thence
in a southwesterly direction along the southerly line of lot 20,
block 1, tax map 24 and crossing Montford Road a distance of
378± feet to a point, said point lying on the westerly line of
Montford Road; thence in a southerly direction along the westerly
line of Montford Road a distance of 590± feet to a point, said
point lying on the northerly line of lot 19, block 1, tax map 24;
thence in a southwesterly direction along the northerly line of
lot 19, block 1, tax map 24 a distance of 1401± feet to a point,
said point being the northwesterly corner of lot 19, block 1, tax
map 24; thence in a southerly direction along the westerly line
of lot 19, block 1, tax map 24 a distance of 180± feet to a point,
said point being the southwesterly corner of lot 10, block 5, tax
map 28, said point also being the southeasterly corner of lot 9,
2
block 5, tax map 28; thence in a southwesterly direction along
the southerly line of the lots fronting on Brothers Road, said
lots being designated as lots 9, 8.2, 8.1, 8.3, 7, 6, 5, 4, 3,
2, and 1, block 5, tax map 28, continuing across an unnamed
street and along the southerly lines of lots 32, 31, 30, 29,
28, and 27, block 4, tax map 28 a distance of 3119± feet to a
point, said point being the southerly corner of lot 27, block
4, tax map 28; said point also being the southeasterly corner
of lot 34, block 1, tax map 29; thence in a southwesterly
direction along the southerly line of lot 34, block 1, tax map
29 a distance of 490± feet to a point, said point being the
intersection of the southerly boundary of lot 34, block 1, tax
map 29 and the easterly corner of lot 32.15, block 1, tax map
29; thence in a northwesterly and westerly direction along the
rear lot line of lots fronting on Cider Mill Loop, designated
as lots 32.15, 32.14,.32.13, across an unnamed road, 32.12,
32.11, 32.54, 32.10, 32.9,"32.8, 32.7, 32.6, 32.5, 32.4, 32.3,
32.1, block 1, tax map 29, across A11 Anels Road a distance of
1970± feet to a point, said point being on the westerly right-
of-way line of A11 Angels Road; thence in a southeasterly
direction along said westerly line a distance of 310± feet to a
point, said point being the intersection of the westerly line of
All Angels Road and the northerly line of Kent Road; thence in a
westerly direction along the northerly line of Kent Road a dis-
tance of 1360± feet to a point, said point being the southwesterly
corner of lot 34, block 1, tax map 29; thence in a northerly
direction along the westerly line of lot 34, block 1, tax map 29 a
distance of 1870± feet to a point, said point being the south-
easterly corner of lot 35, block 1, tax map 29, said point also
being the northeasterly corner of lot 45.1, block 1, tax map
45; thence in a southwesterly direction a distance of 750± feet
to a point, said point being the northeasterly corner of lot 13,
block 6, tax map 44; thence in a southerly direction along the
eastern boundary line of lots 13, 14, and 15, block 6, tax map
44, across Kent Road to the southerly right-of-way of Kent Road
a distance of 1300- feet to a point, said point being the north-
easterly corner of lot 44, block 1, tax map 45; thence in a
southerly direction along the easterly line of lot 44, black 1,
tax map 45 a distance of 1880± feet to a point, said point being
the southeasterly corner of lot 44, block 1, tax map 45, said
point also lying on the northerly boundary of lot 46, block 1,
tax map 45; thence in a southwesterly direction along the north-
erly property line of lot 46, block 1, tax map 45 a distance of
1730± feet to a point, said point being the northwesterly corner
of lot 46, block 1, tax map 45, said point also lying on the
easterly boundary line of lot 3, block 1, tax map 39; thence in
a southerly direction along the westerly boundary of lot 46,
block 1, tax map 45 a distance of 4915± feet to a point, said
point being the southwesterly corner of lot 46, block 1, tax map
45, and the northwesterly corner of lot 4, block 1, tax map 47;
thence in a southerly direction along the westerly line of lot
4, block 1, tax map 47 and across Old Hopewell Road a distance
of 435± feet to a point, said point being on the southerly right-
of-way of Old Hopewell Road; thence in a westerly direction along
the southerly right-of-way of Old Hopewell Road.a distance of
1420± feet to a point, said point being the southeasterly corner
of lot 9, block 1, tax map 47; thence in a southwesterly
4
direction along the southerly lot line of lots 9, 10, 11, block
1, tax map 47, across Cedar Hill Road to the westerly right-of-
way
ight-of-way of Cedar Hill Road a distance of 1210± feet to a point, said
point being the northwesterly corner of lot 76, block 1, tax map
62; thence in a southwesterly direction along the northerly
property lines of lot 76, block 1, tax map 62 a distance of
3,000± feet to a point, said point being the southwesterly corner
of lot 75, block 1, tax map 62; thence in a northwesterly direction
along the westerly boundary line of lot 75, block 1, tax map 62,
across Ada Drive, along the westerly boundary line of lots 41,
40, 39, 38, across Peter Drive, along the westerly boundary line
of 10ts 37 and 35, across Michael Drive, along the westerly
boundary line of lots 34, 21, and 1, block 1, tax map 62, across
McFarland Road a distance of 3110± feet to a point, said point
lying on the westerly right-of-way of McFarland Road; thence along
the westerly right-of-way of McFarland Road in a northerly direction
a distance of 850± feet to.a point, said point being the inter-
section of the westerly right-of-way of McFarland Road and the
southerly right-of-way of Old Hopewell Road; thence in a northerly
direction across the intersection of Old Hopewell Road, McFarland
Road and Losee Road to the westerly right-of-way of Losee Road,
along the westerly right-of-way of Losee Road a distance of 4800±
feet to a point, said point being the intersection of the westerly
right-of-way of Losee Road and the southerly right-of-way line of
Meyers Corner; Road; thence across Meyers Corner Road in a north-
erly direction tothe northerly right-of-way line of Meyers Corner
Road a distance of 75± feet to a point, said point being the
intersection of the Town Line of the Town of Wappinger and the
Village of Wappingers Falls and the northerly right-of-way of
Meyers Corners Road.; thence in an easterly.dir ection along the
northerly right-of-way of Meyers Corner Road a distance of 526+
feet to a point,said point being the southwesterly corner of
lot 19, block,l, tax map 53; thence along the westerly and
northerly lines of lot 19, block 1, tax map 53 a distance of
656± feet to a point, said point being the northerly corner of
lot 19, block 1, tax map 53, said point also lying on the west-
erly boundary line of lot 8, block 5, tax map 52; thence along
the western, northerly and easterly lines of lot 8, block 5, tax
map 52 a distance of 1220± feet to a point, said point being the
southeasterly corner of lot 8, block 5, tax map 52, said point
also lying on the northerly right-of-way line of Meyers Corner
Road; thence in an easterly direction along the northerly right-
of-way line of Meyers Corner Road a distance of 400± feet to a
point, said point being the southeasterly corner of lot 4, block
4, tax map 52, said point also being the southwesterly cofner of
lot 1, block 1, tax map 51; thence in a northerly direction along
the westerly line of lot 1, block 1, tax map 51 a distance of
2290± feet to a point, said point being the northwesterly corner
of lot 1, block 1, tax map 51, said point also being the northerly
corner of lot 19, block 2, tax map 52; thence in a southeasterly
direction along the northerly lines of lots 19, 18, and 17, block
2, tax map 52 a distance of 777± feet to a point, said point
being the southwesterly corner of lot 5.2, block 1,, tax map 42,
said point also being the southeasterly corner of lot 18, block 1,.,
•
6
tax map 53; thence in a northerly and westerly direction along
the easterly and northerly lines of lot 18, block 1, tax map
53 a distance of 3128± feet to a point, said point being the
northwesterly corner of lot 18, block 1, tax map 53, said point
also being on the Town Line of the Town of Wappinger and the
Village of Wappingers Falls; thence in a northerly direction
along the division line of the Village of Wappinger Falls and
the Town of Wappinger a distance of 3860± feet to a point, said
point lying on the division line of the Town of Wappinger and
the Village of Wappingers Falls and on the southerly right-of-way
line of New Hackensack Road; thence in a westerly and northerly
direction along the division line of the Village of Wappingers
Falls and the Town of Wappinger a distance of 1160± feet to a
point, said point lying on a division line between the Village of
Wappingers Falls and the Town of Wappinger, said point also lying
on the westerly right-of-way line of State Highway Route 9; thence
in a northerly direction along the westerly right-of-way line of
State Highway Route 9 a distance of 3000± feet to a point, said
point lying on the intersection of the westerly right-of-way of
State Highway Route 9 and the division line between the Town of
Wappinger and the Town of Poughkeepsie; thence in a northeasterly
direction along the division line between the Town of Wappinger and
the Town of Poughkeepsie a distance of 21360- feet to the point -or
place of beginning.
L
STATE OF NEW YORK )
ss.:
COUNTY OF DUTCHESS )
I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger,
Dutchess County, New York, do hereby certify that the foregoing order
was duly adopted at a special meeting of the Town Board of the Town of
Wappinger duly and regularly called and held on the 21st day of December,
1967, at which a quorum was present and participated throughout, and that
the same has not been in any manner rescinded or annulled and that the
same is still in full force and effect and is duly entered in the minutes of
said meeting. I further certify that all members of said board had due
notice of said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and the
seal of the said Town of Wappinger this 21st day of December, 1967.
SEAL
01-CM_g, A 1
TOWN CLERK
PRESENT:
►7854
AT a Special Meeting of the Town Board
of the Town of Wappinger, Dutchess
County, New York, held at the Town
Hall, in the Village of Wappingers
Falls, in said Town of Wappinger,
Dutchess County, New York, on the
21st day of December, 1967.
JOSEPH H. FULTON, Supervisor
LOUIS DIEHL, Councilman
WILLIAM J. BULGER, Justice of the Peace
VINCENT S. FRANCESE, Justice of the Peace
ABSENT: LOUIS C. CLAUSEN, Councilman
IN THE MATTER
of
THE ESTABLISHMENT OF A SEWAGE DISPOSAL
DISTRICT IN THE TOWN OF WAPPINGER,
DUTCHESS COUNTY, NEW YORK, TO BE KNOWN
AND DESIGNATED AS TOWN OF WAPPINGER
SEWAGE DISPOSAL DISTRICT, PURSUANT TO
ARTICLE 12-C OF THE TOWN LAW.
ORDER FIXING
TIME AND PLACE
FOR PUBLIC
HEARING ON
ESTABLISHMENT
OF SEWAGE
DISPOSAL DISTRICT
WHEREAS, a map, plan and report have been prepared in such
a manner and in such detail as have been determined heretofore by the Town
Board of the Town of Wappinger relating to the establishment and formation
of a sewage disposal district for the purpose of conveying, treating and
disposing of sewage from sewer districts within its area, and
WHEREAS, said map, plan and report have been prepared by
Adler -Brenner & Associates and Rudolph E. Lapar, competent professional
engineers duly licensed by the State of New York, showing the boundaries
of the proposed sewage disposal district, the identity and boundaries of the
sewer districts which the Town Board in its judgment considers will be
-1-
8 5 5
benefited by the establishment of a sewage disposal district, a general plan
of the proposed sewage disposal system, and a report of the proposed
method of operation thereof, and
WHEREAS, said map, plan and report show all outlets and the
terminus and course of each proposed main sewer or drain, together with
the location and a general description of all sewage disposal plants, pumping
stations and other public works required, and
WHEREAS, the boundaries of the proposed sewage disposal
district are described in Schedule A which is annexed hereto and made a
part hereof and incorporated herein by reference to the same extent as if
the same were more fully set forth herein, and
WHEREAS, the proposed improvements as set forth in such map,
plan and report consist of the acquisition and construction of main sewers,
trunk sewers and intercepting sewers, sewage treatment and disposal
plants, pumping stations, and the acquisition of rights of way, easements,
real property and interests in real property, and
WHEREAS, the maximum amount proposed to be expended for
the aforesaid improvements and for the acquisition of the aforesaid
necessary acquisitions of interests in real property is the sum of One
Million Five Hundred Eighteen Thousand Dollars ($1, 518, 000. 00), and
WHEREAS, the proposed method of financing the cost of such
improvements and acquisitions consists of the issuance of serial bonds of
said Town of Wappinger to mature in annual installments over a period
not exceeding forty (40) years, payable in the first instance by the assessmer
and levy upon and the collection from the several lots and parcels of real
property within the benefited area in just proportion to the amount of benefit
which the sewer improvements shall confer upon such parcels, and
-2-
WHEREAS, the aforesaid map, plan and report have been duly
filed in the office of the Town Clerk of the Town of Wappinger,
Now, on motion of Mr. Fulton, seconded by Mr. Diehl, it is
hereby
ORDERED, that the Town Board of the Town of Wappinger shall
meet and hold a public hearing at the Town Hall, Mill Street, in the Village
of Wappingers Falls, in said Town, on the 25th day of January, 1968,
at 8:00 o'clock in the afternoon of said day to consider the aforesaid
map, plan and report, and to hear all persons and parties interested in the
subject thereof concerning the same, and to take such action thereon as is
required or authorized by law, pursuant to Article 12-C of the Town Law.
The question of adoption of the foregoing order was duly put to a
vote on roll call which resulted as follows:
Mr. Fulton voting Aye
Mr. Diehl voting Aye
Mr. Bulger voting Aye
Mr. Francese voting Aye
The order was thereupon declared duly adopted.
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L
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of 30feet to a point, said point being the easterly corner of
lot 50, block 1, tax map 22; thence in a southwesterly direction
along the northerly and westerly line of lot 85, block 1, tax.
map 22 a distance of 18441 feet to a point, said point being the
southwesterly corner of lot 85, block 1, tax map 22, and the
northwesterly corner of lot 97, block 1, tax map 22; thence in a
southerly direction along the westerly line of lot 97, block 1,
tax map 22 a• distance of 480± feet to a point said point lying
on the southerly line of Meyers Corner Road; thence in a southerly
direction along the westerly line of lot 4.1, block 1, tax map 24
a distance of 980± feet to a point, said point being the south-
easterly corner of lot 20, block 1, tax map 24; thence in a south-
westerly direction along the southerly line of lot 20, block 1,
tax map 24 and crossing Montford Road a distance of 378± feet to
a. point, said point lying on the westerly line of Montford Road;
thence in a southerly direction along the westerly line of Montford
Road a distance of 590± feet to a point, said point lying on the
northerly line of lot 19, block 1, tax map 24; thence in a south-
westerly direction along the northerly line of lot 19, block 1,
tax map 24 a distance of 1401± feet to a point, said point being
the northwesterly corner of lot 19, block 1, tax map 24; thence in
a southerly direction along the westerly line of lot 19, block 1,
tax map 24 a distance of 180± feet to a point, said point being the
southwesterly corner of lot 10, block 5, tax map 28, said point also
being the southeasterly corner of lot 9, block 5, tax map 28; thence
785 F
in a southwesterly direction along the southerly line of the lots
fronting on Brothers Road, said lots being designated as lots 9,
8.2, 8.1, 8.3, 7, 6, 5, 4, 3, 2, and 1, block 5, tax map 28, con-
tinuing across an unnmaed street and along the southerly lines of
lots 32, 31, 30, 29, 28, and 27, block 4, tax map 28 a distance
of 3119± feet to a point, said point being the southerly corner
of lot 27, block 4, tax map 28, said point also being the south-
easterly corner of lot 34, block 1, tax map 29; thence in a south-
westerly direction along the southerly line of lot 34, block 1,
tax map 29, a distance of 14901 feet to a point, said point being
the intersection of the southerly boundary of lot 34, block 1, tax
map 29 and the easterly corner of lot 32.16, block 1, tax map 29;
thence in a southwesterly direction along the rear lot line of the
lots fronting on Cider Mill Loop designated as lots 32.16, 32.17,
32.18, across an unnamed street, 32.19, 32.20, 32.21, 32.22, 32.23,
32.24, 32.25, 32.26, 32.27, block 1, tax map 29, and across All
Angels Road a distance of 1490± feet to a point, said point being
on the westerly right -of -iaay line of A11 Angels Road; thence in a
southeasterly direction along the westerly line of All Angels Road
a distance of 850± feet to a point, said point being the inter-
section of the westerly right-of-way line of All Angels Road and
the northerly right-of-way line of Hilltop Drive extended; thence
in a northeasterly direction across All Angels Road and along the
northerly right-of-way line of Hilltop Drive a distance of 510* feet
to a point, said point being the southwesterly corner of lot 5.21,
block 1, tax map 25; thence in a northwesterly direction along the
westerly line of lot 5.21, block 1, tax map 25 a'distance of 260±
feet to a point, said point being the northwesterly corner of lot
a
7
5
direction along the rear lot; line of lots fronting on Hilltop
Drive designated as lots 5.21, 5.22, 5.23, 5.24, 5.25, 5.26,
5.27, 5.28, 5.29, across Magura Road, 5.2.10, 5.2.11, 5.2.12,
5.2.13, 5.2.14, 5.2.15, 5.2.16, 5.2.17, 5.2.18, 5.2.19, 5.2.20,
5.2.21, block 1, tax map 25 and across Pye Lane a distance of
2710± feet to,a point, said point being on the southerly right-
of-way line of Pye Lane, said point also being the northwesterly
corner of lot 5.2.113, block 1, tax map 25; thence in a north-
easterly direction along the southerly right-of-way line of Pye
Lane a distance of 590± feet to a point, said point being the
northeasterly corner of lot 5.2.98, block 1, tax map 25; thence
in a southeasterly direction along the easterly boundary line of
lots 5.2.98, 5.2.97 a distance of 310± feet to a point, said point
being the southeasterly corner of lot 5.2.97, block 1, tax map 25;
thence in a westerly direction along the southerly lineoflot
5.2.97, block 1, tax map 25 a distance of 130± feet to a point,
said point lying on the easterly right-of-way line of Deer Run
Drive said point also being the southwesterly corner of 5.2.97,
block 1, tax map 25; thence in a southerly and westerly direction
along the right-of-way line of Deer Run Drive a distance of 420±
feet to a point, said point being the northwesterly corner of lot
7.2, block 1, tax map 25; thence in a southeasterly direction
along the westerly line of lot 7.2, block 1, tax map 25 a distance
of 800± feet to a point, said point being the southwesterly corner
of lot 7.2, block 1, tax map 25, said point also lying on the
northerly line of lot 1.1, block 1, tax map 46; thence in a
southwesterly direction along the northerly line of lot 1.1, block
1, tax map 46 a distance of 870± feet to.a point, said point being
4
the southwesterly corner of lot 5.2.89, block 1, tax map 25; thence
in a northwesterly direction along the rear lot line of lots
5.2.89, 5.2.88, 5.2.87, 5.2.86, 5.2.85, across Deer Run Drive,
5.2.84, 5.2.83, 5.2.80, block 1, tax map 25 a distance of 1290±
feet to a point, said point lying on'the southerly right-of-way line
of Pye Lane, said point also being the northwesterly corner of lot
5.2.80, block 1, tax map 25; thence in a southwesterly direction
along the southerly right-of-way line of Pye Lane a distance of 770-1-
feet
70±feet to a point; thence in a northwesterly direction across Pye Lane
and along the westerly line of lot 5.2.40 and the southerly line of
lot 5.2.46, 5.2.47, block 1, tax map 25 a distance of 660± feet to
a point, said point being the southwesterly corner of lot 5.2.48,
block 1, tax map 25; thence in a northwesterly direction along the
westerly line of lot 5.2.48, block 1, tax map 25 a distance of 317±
feet to a point, said point being southeasterly corner of lot 3,
block 1, tax map 25; thence in a northerly and westerly direction
along the easterly and northerly line of lot 3, block 1, tax map
25 and across All Angels Road a distance of 425± feet to a point,
said point lying on the westerly right-of-way line of All Angels
Road; thence in a southerly direction along the westerly line of All.
Angels Road a distance of 1800± feet to a point, said point being the
intersection of the northerly line of lot 1.1, block 1, tax map 46
and the westerly right-of-way line of Al]. Angels Road; thence along
the northerly and westerly line of lot 1.1, block 1, tax map 46 a
distance of 1630± feet to a point, said point being the easterly
corner of lot 3.309, block 1, tax map 46; thence in a southwesterly
and southeasterly direction along the northerly and southerly lines
of lot 2.2, block 1, tax map 46 a distance of 545± feet to a point,
said point being the. northwesterly corner of lot 8, block 1, tax
85
map 46; thence in a southerly and easterly direction along the
westerly and southerly line of lot 8, block 1, tax map 46 and
across All Angels Road a distance of 625- feet to a point, said
point lying on the easterly right-of-way line of All Angels Road;
thence in a northerly direction along the easterly right-of-way
line of All Angels Road a distance of 400±feet to a point, said
point being the northwesterly corner of lot 3.1, block 1, tax map
46; thence in an easterly direction along the southerly line of
lot 1.1, block 1, tax map 46 a distance of 1350± feet to a point,
said point lying in the centerline of Sprout Creek said point also
lying on the boundary line between the Town of Wappinger and the
Town of East Fishkill; thence along the centerline of Sprout Creek
said line also being the boundary line between the Town of Wappinger
and the Town of East Fishkill a distance of 1085± feet to a point,
said point being the southeasterly coiner of lot 3.385, block 1,
tax map 46; thence in a southwesterly direction along the southerly
lines of lots 3.3.85, 3.16, 3.17, 3.18, 3.19, 3.20, 3.21, 3,22,
3.23, across A11 Angels Road, 3.56, 3.77, 3.78, 3.79, 3.80, 3.81,
3.82, 3.83, 3.84, block 1, tax map 46 a distance of 3040± feet to
a point, said point lying on the northeasterly corner of lot 3.86,
block 1, tax map 46; thence in a southerly direction along the
easterly lines of lots 3.86, 3.87, 3.88, 3.89, 3.90, 3.91, block 1,
tax map 46 a distance of 580± feet to a point, said point being the
southeasterly corner of lot 3.91, block 1, tax map 46, said point
also lying. on the northerly right-of-way line of Route 28, called
Old Hopewell Road; thence in a westerly direction along the north-
erly right-of-way line of Old Hopewell Road a distance of 1000±
feet to a point, said point being the southeasterly corner of lot
6
4, block 1, tax map 46; thence in.anortherly direction along the
easterly line of lots 4 and 6, block 1, tax map 46 a distance of
310± feet to a point, said point being the.northeasterly corner
of lot 6, block 1, tax map 46; thence in a westerly direction
along the northerly line of lot 6, block 1, tax map 46 a distance
of 336± feet to a point, said point being the northwesterly corner
of lot 6, block 1, tax map 46; thence in a southerly diredtion -along
the westerly line of lot 6 and 5 a distance of 283± feet to a point,
said point being the southwesterly corner of lot 5, block 1, tax
map 46, said point also lying on the northerly right-of-way line of
Old Hopewell Road; thence in a westerly direction along the north-
erly right-of-way line of Old Hopewell Road a distance of 360± feet
to a point, said point being the southwesterly corner of lot 3.120,
block 1, tax map 46; thence in a northerly direction along the
easterly lot line of lots 2.1, and 3, block 1, tax map 47 a distance
of 1850± feet to a point, said point being the northeasterly corner
of lot 3, block 1, tax map 47; thence in a westerly and southerly
direction along the northerly and westerly line of lot 3, block 1,
tax map 47 a dibtance of 1035± feet to apoint, said point being the
northeasterly corner of lot ., block 1, tax map 47; thence in a south-
westerly direction along the northerly line of lot 4, block 1, tax
map 47 a distance of 875± feet to a point, said point being the
northwesterly corner of lot 4, block 1, tax map 47; thence in.a
southerly direction along the westerly line of lot 4, block 1, tax
map 47 and across Old Hopewell Road a distance of 435± feet to a
point, said point being on the southerly right -of -way line of Old
1
785 K
Hopewell Road; thence in a westerly direction along the southerly
right-of-way line of Old Hopewell Road a distance of 1420± feet to
a point, said point being the southeasterly corner of lot 9, block
1, tax map 47; thence in a southwesterly direction along the
southerly lot line of lots 9, 10, 11, block 1, tax map 47, across
Cedar Hill Road to the Westerly right -of -way line of Cedar Hill
Road a distance of 1210- feet to a point, said
point being the
northeasterly corner of lot 76, block 1, tax map 62; thence in a
southwesterly direction along the northerly line of lot 76, block
1, tax map 62 a distance of 3000± feet to apoint, said point being
the southwesterly corner of lot 75, block 1, tax map 62; thence in
a northwesterly direction along the westerly boundary line of lot
75, block 1, tax map 62, across. Ada Drive, along the westerly
boundary line of lots 41, 40, 39, 38, across Peter Drive, along
the westerly boundary line of lots 37 and 35, across Michael
Drive, along the westerly boundary line of lots 34, 21, and 1,
block 1, tax map 62, and across McFarland Road a distance of 3110±
feet to a point, said point lying on the westerly right-of-way of
McFarland Road; thence along the westerly right-of-way of McFarland
Road in a northerly direction a distance of 850± feet to a point,
said point being the intersection of the westerly right-of-way of
McFarland Road and the southerly right-of-way of Old Hopewell Road;
thence in a northerly direction across the intersection of Old
Hopewell Road, McFarland Road and Losee Road to the westerly right-
of-way of Losee Road, along the westerly right-of-way of Losee Road
M
785E
r
to the intersection of the westerly right-of-way line of Losee
Road and the southerly right-of-way line of Meyers Corner Road a
distance of 4800± feet; thence across Meyers Corner Road in a
northerly direction to the northerly right-of-way line of Meyers
Corner Road to a point, said point aleo being the intersection
of Town Line of Town of Wappinger, the Village of Wappingers Falls,
and the northerly right-of-way of Meyers Corner Road a distance of
75- feet; thence in a northerly direction along the division line
of the Village of Wappingers Falls and the Town of Wappinger a
distance of 6350± feet to a point, said point lying on the divison
line of the Town of Wappinger and the Village of Wappingers Falls,
.and on the southerly right-of-way line of New Hackensack Road;
thence in a westerly and northerly direction along the division
line of the Village of Wappingers Falls and the Town of Wappinger
a.distance of 1160± feet to a point, said point lying on the
division line between the Village of Wappingers Falls and the
Town of Wappinger, and on the westerly right-of-way line of State
Highway Route 9;. thence in a northerly direction along the westerly
right -of -way line of State Highway Route 9 a distance of 3000± feet
to a point, said point lying on the intersection of the westerly
right-of-way line of State Highway Route 9 and the division line
between the Town of Wappinger and the Town of Poughkeepsie; thence
in a northeasterly direction along the division line between the
Town of Wappinger and the Town of Poughkeepsie a distance of 21;360±
feet to the point or place of beginning.
•
STATE OF NEW YORK )
) ss.:
COUNTY OF DUTCHESS )
I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger
Dutchess County, New York, do hereby certify that the foregoing order
was duly adopted at a special meeting of the Town Board of the Town of
Wappinger duly and regularly called and held on the 21st day of December,
1967, at which a quorum was present and particpated throughout, and that
the same has not been in any manner rescinded or annulled and that the
same is still in full force and effect and is duly entered in the minutes of
said meeting. I further certify that all members of said board had due
notice of said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and the
seal of the said Town of Wappinger this 21st day of December, 1967.
SEAL
0 i
TOWN CLERK
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.
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 dele-
gated to the Supervisor of said Town, 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, consis-
tent with the provisions of the Local Finance.Law.
Section 6. The validity of such obligations 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 W&SD News, a newspaper having a general circula-
tion within 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 and a proposition for the approval thereof shall be submitted
at a special town election to be held on March 5, 1968.
The following resolution was offered by Mr. Diehl who moved its
adoption, seconded by Mr. Bulger,. to -wit:
RESOLUTION DATED DECEMBER 21, 1967.
A RESOLUTION CALLING A SPECIAL TOWN ELECTION
OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY,
NEW YORK, AND PROVIDING FOR, OTHER MATTERS IN
CONNECTION THEREWITH.
WHEREAS, the Town Board of the Town of Wappinger, Dutchess County,
New York, duly ,adopted a bond and capital note resolution on December
21, 1967, authorizing the issuance of $1,298,650 serial bonds and
$68,350 capital notes of said Town to pay the cost of construction of
town highways and the acquisition of lands and rights in land necessary
therefor 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.
7.
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, Dutahess County, New York, shall be held on the
5th day of March 1968, for the purpose of voting upon the proposition
referred to in the preambles hereof. Voting shall be by machine and
the polls at such special election shall be kept open between the hours
of 8:00 o'clock A.M. and 8:00 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 those parts.of District Nos. 3 and. 4 which are
situate outside the corporate limits of the Village of
Wappingers Falls, and voters of District No. 11 shall
vote at Masonic Temple, Myers Corners Road, Wappingers
Falls, New York.
2. Voters of District Nos. 5 and 8 shall vote at Ketcham
High School, Myers Corners Road, Wappingers Falls, New. York.
3. Voters of District Nos. 6, 7, 9 and 10 shall vote at New
Hackensack Fire House, Myers Corners Road, Wappingers
Falls, New York.
4. Voters of District Nos. 12 and 13 shall vote at Hughsonville
Fire House, Old Hopewell Road, Hughsonville, New York.
5. 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 special 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 addi-
tion, the Town .;Clerk shall post or cause to be posted a copy of such
notice on the Sign Board 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
NTOICE 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 5th day of March 1968, at which the polls will be kept open between
the hours of 8:00 o'clock A.M. and 8:00 P.M. Eastern Standard Time, for
the purpose of voting by machine on the following propositin:
PROPOSITION
Shall the bond and capital note resolution dated December
21, 1967, duly adopted by the Town Board of the Town of Wappinger
Dutchess County, New York, on said date, authorizing the issuance
of $1,298,650 zerial bonds and $68,350 capital notes of said Town
to pay the cost of the construction of town highways, incidental
improvements and the acquisition of lands and rights in land
necessary therefor; determining that the maximum estimated cost
of such construction is $1,182,000 and the maximum estimated
cost of such land acquisition is $185,000 and that the plan for
the financing thereof is by the issuance of the aforesaid serial
bonds and capital notes; delegating all further powers in connec-
tion with the details and sale of said capital notes and determin-
ing that the proceeds from the sale thenof will be provided as the
required downpayment; determining that the period of probable use-
fulness of said construction is fifteen years, 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 providing
for an annual appropriation for such principal and interest;
delegating to the Supervisor the power to authorize and sell bond
anticipation notes; containing an estoppel clause and providing
for the publication of an estoppel notice, 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 proposition
provided he or she is an elector of the Town of Wappinger, New York,
and the owner of property in that portion of such Town outside of any
incorporated village assessed upon the latest completed assessment roll
of said Town.
The following letter was read by the Clerk:
December 11, 1967
Mrs, Elaine H. Snowden
Town Clerk
Town Hall
Mill Street
Wappingers Falls, New York
Re: Harold Thurman and Eugene
Brown, d/b/a E. Brown Associates
and Thurman Brown Corp. v. Elaine
H. Snowden
Dear Mrs. Snowden:
Enclosed herewith please find the check of Russell E. Aldrich,
No. 2501, drawn on the Fallkill Bank & Trust Company and made payable
to the order of Town of Wappinger in the amount of $424.78.
The above described check represents payament for the satisfaction
of a judgement entered against the above named petitioners for costs
and disbursements incurred by the Town of Wappinger in connection with
the appeal to the appellate division in that action.
Very truly yours,
s/ Harold H. Reilly
Mr. Bulger moved to adjourn the meeting, seconded by Mr. Fulton,
Motion Unanimously Carried,
Meeting adjourned at 11:42 P.M.
Elaine H. Snowden,
Town Clerk
3129-G
At a Soecial meeting of the Town Board of the Town of
Wappinger, Dutchess County, New York, held at the Town Hall
in Wappingers Falls New York, in said Town, on the 21st day of
December, 1967, at 7:00 o'clock P. M., Eastern Standard Time.
The meeting was called to order by Supervisor Fulton
and upon roll being called, the following were
PRESENT:.
JOSEP;si H. FULTON, Supervisor
LOUIS DIEHL, Councilman
WILLIAM J. BULGER, Justice of the Peace
VINCENT S. FRANCESE, Justice of the Peace
ABSENT: LOUIS C. CLAUSEN, Councilman
The following resolution was offered by Gevae-I-ImaR. Mr. Fulton
who moved its adoption, seconded by Getete41inettMr. Francese, to -wit:
BOND AND CAPITAL NOTE RESOLUTION DATED DECEMBER 21, 1967.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,298,650
SERIAL BONDS AND $68,350 CAPITAL NOTES OF THE TOWN
OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE
COST OF CONSTRUCTION OF TOWN HIGHWAYS INCLUDING IN-
CIDENTAL IMPROVEMENTS IN CONNECTION THEREWITH.
BE IT RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. The classes of objects or purposes for which the
obligations hereinafter authorized are to be issued is the construc-
tion of town highways in and for the Town of Wappinger, Dutchess County,
New York, •at a maximum estimated cost of $1,182,000, including inciden-
tal improvements in connection therewith, and the acquisition of lands
and rights in land necessary therefor, at A maximum estimated cost of
$185,000.
Section 2. The total maximum estimated cost of the aforesaid
classes of objects or purposes is $1,367,000 and the plan for the
financing thereof is as follows:
-2-
a) By the issuance of $1,298,650 serial bonds of
said Town of Wappinger, New York, hereby authorized
to be issued therefor pursuant to the Local Finance
Law; and
b) By the issuance of $68,350 capital notes of said
Town, hereby authorized to be issued therefor pur-
suant to.the Local Finance Law. A11 further powers
in connection with the details and sale of said
capital notes are hereby delegated to the Supervisor
of said Town, the chief fiscal officer. The proceeds
from the sale of said capital notes will be provided
prior to the issuance of the serial bonds herein
authorized or any bond anticipation notes issued in
anticipation thereof.
Section 3. The following determinations are hereby made:
a) Of the aforesaid $1,298,650 serial bonds and $68,350
capital notes, $1,122,900 and $59,100 respectively,
shall be used to pay the cost of the aforesaid con-
struction, the period of probable usefulness of which
is fifteen years, pursuant to subdivision 20(c) of
paragraph a of Section 11.00 of the Local Finance Law;
and
b) Of the aforesaid $1,298,650 serial bonds and $68,35o
capital notes, $175,750 and $9,250 respectively, shall
be used to pay the cost of the aforesaid acquisition
of lands and rights in land, the period of probable
usefulness of which is thirty years, pursuant to sub-
division 21(a) of paragraph a of Section 11.00 of the
Local Finance Law; and
c) The maximum maturity of the serial bonds herein author- '
ized 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 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 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 of said Town, the chief fiscal officer. Such notes shall be
ofsuch 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 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
W & S D News A
a newspaper having a general circulation within 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 and a proposition for the approval thereof shall be submitted
at a special torn election to be held on March 5 1968.
The question of the adoption of the foregoing resolution was
duly put to a vote on roll call, which resulted as follows:
Mr. Fulton VOTING Aye
Mr. Diehl VOTING Ave
Mr. Bulger VOTING Ave
Mr. Francese VOTING Aye
VOTING
The resolution was thereupon declared duly adopted.
STATE OF NEW YORK;
ss.:
COUNTY OF DUTCHESS
I, the undersigned Town Clerk of the Town of Wappinger, Dutchess
County, New York, DO HEREBY CERTIFY:
That I have compared the annexed extract of the minutes of the
meeting of the Town Board of said Town, including the resolution con-
tained therein, held on the 21st day of December, 1967, with the orig-
inal thereof on file in my office, and that the same is a true and
correct iranscript therefrom and of the whole of said original so far
as the same relates to the subject matters therein referred to.
I FURTHER CERTIFY that all members of said Board had due notice
of said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of said Town this 26th day of December, 1967.
(S
A
L)
n(11;,KA
Town Clerk
At a Special meeting of the Town Board of the Town of
Wappinger, Dutchess County, New York, held at the Town Hall
in Wappingers Falls New York, in said Town, on the 21st day of
December, 1967, at 7:00 otclock F. M., Eastern Standard Time.
The meeting was called to order by Supervisor Fulton
and upon roll being called, the following were
PRESENT:*
JOSEPH H. FULTON, Supervisor
LOUIS DIEHL, Councilman
WILLIAM J. BULGER, Justice of the Peace
VINCENT S. FRANCESE, Justice of the Peace
ABSENT: LOUIS C. CLAUSEN, Councilman
The following resolution was offered by Ge.:6444.11-maR Mr. Diehl
who moved its adoption, seconded by CouncilmaR Mr. Bulger , to -wit:
RESOLUTION DATED DECEMBER 21, 1967.
A RESOLUTION CALLING A SPECIAL TOWN ELECTION OF THE
TOWN OF WAPPINGER, DUTCHESSCOUNTY, NEW YORK, AND
PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, th:Town Board of the Town of Wappinger, Dutchess County,
New York, duly adopted a bond and capital note resolution on December
21 1967, authorizing the issuance of $1,298,650 serial bonds and
$68,35o capital notes of said Town to pay the cost of construction oftown
highways and the acquisition of lands and rights in land necessary there-
for 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, itis 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:
-2 -
Section 1. A special election of the qualified voters of the
Town of Wappinger, Dutchess County, New York, shall be held on the
5th day of
March 1968, for the purpose of voting upon
the proposition referred to in the preambles hereof. Voting shall be
by machine and the polls at such special election shall be kept open
between the hours of 8:00
o'clock A. M. and 8:00
o'clock P. M.,
Eastern Standard Time. The places at which the qualifiedvoters of each
election district shall vote are fixed as follows:
777.77.5eT
•.=
1. Voters of those parts of District Nos. 3 and 4 which
are situate outside the corporate limits of the Village
of Wappingers Falls, and voters of District No. 11 shall
vote at Masonic Temple, Myers Corners Road, Wappingers
Falls, New York.
2. Voters of District Nos. 5 and 8 shall vote at Ketcham.
High School, Myers Corners Road, Wappingers Falls,
New York.
3. Voters of District Nos. 6, 7, 9 and 10 shall vote at
New Hackensack Fire House, Myers Corners Road,
Wappingers Falls, New York.
4. Voters of District Nos. 12 and 13 shall vote at
Hughsonville Fire House, Old Hopewell Road,
Hughsonville, New York.
5. Voters of District No. 14 shall vote at Old Chelsea
School House, Liberty Street, Chelsea, New York.
-3 -
Section 2. The Town Clerk of said Town is hereby authorized
and directed to give notice of said special election by publication
in W&SflNews
the first publication of such notice to be made at leastiBn 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
Sign Board 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 5th day of March
1968, at which the polls
will be kept open between the hours of 8.00 ofclock A0 M. and
8:00 otclock 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
December 21 , 1967, duly adopted by the Town Board of
the Town of Wappinger, Dutchess County, New York, on
said date, authorizing the issuance of $1,298,650 serial
bonds and $68,35o capital notes of said Town to pay the
cost of the construction of town highways, incidental
improvements and the acquisition of lands and rights
in land necessary therefor; determining that the maximum
estimated cost of such construction is $1,182,000 and
the maximum estimated cost of such land acquisition is
$185,000 and that the plan for the financing thereof
is by—the issuance of the aforesaid serial bonds and '
capital notes; delegating all further powers in connec-
tion with the details and sale of said capital notes
and determining that the proceeds from the sale thereof
will be provided as the required downpayment; determining
that the period of probable usefulness of said construc-
tion is fifteen years, that the period of probable use-
fulness 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 providing for an annual
appropriation for such principal and interest; delegating
to the Supervisor the power to authorize and sell bond
anticipation notes; containing an estoppel clause and
providing for the publication of an estoppel notice,
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
and may be examined by any interested person during business hours.
A person shall be entitled to vote upon the aforesaid proposition
provided he or she is an elector of the Town of Wappinger, New York,
and the owner of property in that portion of such Town outside of,
•••
any incorporated village assessed upon the latest completed assessment
roll of said Town.
The places at which the qualified voters of each election district
shall vote are as follows:
LLLOTI/„ i;.�-rcm
Y "," TY t,
1. Voters of those parts of District Nos. 3 and 4 which
are situate outside the corporate limits of the Village
of Wappingers Falls, and voters of District No. 11 shall
vote at Masonic Temple, Myers Corners Road, Wappingers
Falls, New York.
2. Voters of District Nos. 5 and 8 shall vote at Ketcham
High School, Myers Corners Road, Wappingers Falls,
New York.
3. Voters of District Nos. 6, 7, 9 and 10 shall vote at
New Hackensack Fire House, Myers Corners Road,
Wappingers Falls, New York.
4. Voters of District Nos. 12 and 13 shall vote at
Hughsonville Fire House, Old Hopewell Road,
Hughsonville, New York.
5. Voters of District No. 14 shall vote at Old Chelsea
School House, Liberty Street, Chelsea, New York.
Dated: Wappingers Falls, New York,
December 21 1967.
BY ORDER OF THE TOWN BOARD OF
THE TOWN OF WAPPINGER, DUTCHESS
COUNTY, NEW YORK
By Elaine H. Snowden
Town Clack
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:
Mr. Fulton
Mr. Diehl
Mr. Bulger
Mr. Francese
VOTING Aye
VOTING Aye
VOTING Aye
VOTING Aye
VOTING
The resolution was thereupon declared duly adopted.
STATE OF NEW YORK
ss.:
COUNTY OF DUTCHESS
I, the undersigned Clerk of the Town of Wappinger, Dutchess
County, New York, DO HEREBY CERTIFY:
That I have compared the annexed extract of the minutes of the
meeting of the Town Board of said Town, includingthe resolution con-
tained therein, held on the 2lstday of December, 1967, with the ori-
ginal thereof on file in my office, and that the same is a true and
correct transcript therefrom and of the whole of said original so far
as the same relates to the subject matters therein referred to.
I FURTHER CERTIFY that all members of said Board had due notice
of said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of said Town this 26th day of December, 1967.
Town Cleris.
(S
A
L)
ammo 11
WARRANT
To Joseph...H.ltan. , Supervisor
Town of W4ppiA ger , County of L itcbasa , New York.
The following claims, having been presented to the Town Board of the Town of
WApAin4ms
, and duly audited and allowed at a meeting thereof held on the
21__.day of___ D r , 19___67, in the amounts hereinafter respectively specified, and
a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM
No.
NAME OF CLAIMANT
AMOUNT FUND OR
ALLOWED ACCOUNT
893 2udoltah7
894
Lspar 50. Serr.2ng,
Capitol H9wy !tater, 254.4 P.T.—Signe
it.6, Baldwin Pl.IY
895 Eloper—Willen Amb, 4125. Ambulance
896 Great Hear Spr.Co. 5.07
897
898
899
900
901
902
903
904
905
906
907 Williams Press, Inc
&many, ft. r.
TH&Off.A
P.O. Box 4111
Albany, N.Y.12204
Marine Midland Bk.
W,Palls
Central Hudson
MY. Telephone
Xerox Corp.
P.O. Bos 2487
Cfrsch St.Station
IT 10008
Lawyers Coop PUD L. Co
2ochester, Y.Y.
WI$.Nsws 202
W&S News t
Pendell Press
Ma
t.
Imappinger Med. Group
12 S.Ave. 41, Palls
imennas &CO. Inc.
251 !fain St. Buffalo
908 'Quinn & Reilly
aeatrica naiysr
909 MI6 Hopewell Id.W
910 Orey Hardware Co.
175.00
1 2.501
1384.871
7.
210
10.
35.951
Thief f. A
THirOff . D
TBSOff.D
T.C. Other
Zoning—C*4e
Prt. i Adr.
Prt,&Adr.
OTHER INFORMATION
In Witness Whereof, I have hereuntos �a= et my hand and the Seal of th Town of WaPP
27
this 11 day of ...... 19
[SEAL]
Town Clerk
To
Fulton
WARRANT
, Supervisor
Town of Wapping= , County of Dutchass , New York.
The following claims, having been presented to the Town Board of the Town of
WOMiU9SX , and duly audited and allowed at a meeting thereof held on the
21 day of , 19...47, in the amounts hereinafter respectively specified, and
a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM
No.
NAME OF CLAIMANT
IAMOUNT FUND OR
ALLOWED ACCOUNT
A-1 Fence Co.Inc.
911 Hillside Lake M. 704.50 Sec.-Othex
W.Falls
Russell Aldrich
912 21 Davis Ave.Pok 4267.
Plygt Corp.
913 Amelia Pl. 22S.
Stami.Conn.
A=0112...CICOOS
914 Shelton Coon
915 Axton -Cross
916 Marry Gutmann
917 Marry Gutmann
918 Joseph Gutmann
J$ Supply Corp
919 R.D.1 Fishkill IT
Ruble Pump Serv.
920 Violet Ave. H.Park
921 Joseph Gutmann
maraca Loc.
922 P.O. Sox 830
memnurgn.
OTHER INFORMATION
°Wood Water Bond $908.92
1.358.92
346.50
144.74
20.85
17.46
21.70
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of WaPPUISIOr
this_ 2 t day of , 19..67
Town Clerk
[SEAL]