1965-02-11 SPM20 I:
A special ;meeting of the Town Board, of the Town of Wappinger was held in the
Town Hall in the Town of Wappinger, on the 11th day of February 1965 at 7:30 P. M.
Present: -Supervisor -Richard H. Linge, Councilmen -George A. Robinson and Louis
D. Diehl, Justices of the Peace, Vincent S. Francese, William J . Bulger,
Building Inspector, Joseph Ludewig, Attorney for Town -Harold H. Reilley,
EnGineer for the Town -Vincent Kelly, Superintednent of Highway -Robert J.
Lawson, Town Clerk -Helen L. Travis.
This was held for the establishment of the Oakwood Knolls Water and Sewer District
in Town of Wappinger, County of Dutchess and State of New York, pursuant to
article 12-A of the Town Law.
A map, plan and report relating to the establishment of the proposed Oakwood KnoBls
Water District, proposed by Barger & Russ, in manner and in such detail as has been
determined by the Towh Board of the Town of Wappinger, has been duly filed with
the Town Clerk of the Town of Wappingec, in acoordance with the requirements of
Article 12-A of the Town Law
An order was duly adopted by the Town Board, of the Town of Wappinger on the
7th day of January 1965, reciting the filing of said map plan and report the
improvements proposed, the boundaries of the proposed district, the estimated
expenses thereof, the proposed method of financing, the fact that the map,
plan and report describing same are on file in the Town Clerk's Office for
public inspection and stating all other maters required by law to be stated,
and specifing the 11th day of February 1965 at 7:30 P. M. as the time, the
Town Hall, Mill St., Town of Wappinger as the place where said Town Board
shall meet to consider said map, plan and report, to hear all persons inter-
ested in the subject matter, thereof concerning the same, and to take such
action therein as is required.
Supervisor Linge then opend the meeting for discussion.
Attorney Russell Aldrich presented -Mr. Adler, Engineer who was sworn in by
Justice of thePeac Bulger who testified about water.
Herman Arndt spoke in reference to water
Thomas Armstrong asked about placing of Hydrants.
Bob Echiemier-Water plant operator for developemnt spoke. Stated samples of water
had been taken in November, December and January, Inspected by Dutchess County
Board of Health. D
Mr.Zagursky spoke on Water rates.
Luke Reed asked if there was enough water to furnish all homes.
Mr. Armstrong asked if there would be any rates for Hydrants
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James Tennant spoke asking if tank is included in figure.
Frank Le Febure spoke.
Patrick Fitzpatrick spoke.
William Johnson asked if this is going to be a metered rate or flat rate.
Mrs. Oberley spoke.
NOW, upon the evidence given upon such hearing, and upon motion of Justice of
the Peace alger, seconded by Councilman Robinsoh, it is
RESOLVED AND DETERMINED:
(a) That the notice of hearing was published and posted as re-
quired by law, and is otherwise sufficient..
(b) That all property and property owners within the proposed dis-
trict, are benefited thereby.
(c) That all the property and property owners benefited are included
within the limits of the proposed district.
(d) (That it is in the public interest to establish said water district.
FURTHER RESOLVED AND DETERMINED, that the establishment of a
water district, as set forth in said map, plan and report, be approved, that
the improvements therein mentioned be constructed and the necessary easement and
tbednbeeaequ'redsamdnthat the existing facilities presently situate in said pro-
posed district be acquired, upon the required funds being made available and pro-
vided for, and upon the agreement of the present owner of said existing facil-
ities to transfer, set over and convey the same to the Town of Wappinger by
written agreement, and such district shall be known and designated as the OAKW00D
KNOLLS WATER DISTRCT in the Town of Wappinger, and shall be bounded and described
as follows:
ALL that certain piece or parcel of land situate, lying
and being in the Town of Wappinger, County of Dutchess and
State of New York, moreparticularly bounded and described
as fpllows:
BEGINNING at a point on the northerly side of Myers Corners
Road, the said point being the southeasterly corner of the
herein described district, and the southwesterly corner of
lands now or formerly of the Transkrit Corp.; thence west-
erly along the said northerly line of Myers Corners Road,
the following courses and distances: N83°55' W 83.80;
S 85°59' 10'4232.30', N 83 19' 50" W19.30',. N 49'10'
50" W 11.30', S 89°02' 10" W18.70; and S 7942' 30"W
40.73' to a point; thence northerly, westerly., and south-
erly along the westerly, southerly and easterly lines of
the herein described district the following courses and
distances: N 13° 41' 20" W 600.02', S 75 42' 30" W 520.00''
S 12°34' 50" E 100.08', S 37°08' 40" W 456.14', and S 14°
12' 20" E 200.00' to -a point on the northerly line of the
said Myers Corners Road; thence westerly along the said
northerlx line of Myers Corners Road S 86°06' 40" W 18.38',
and S 82'30' 40" W 202.36' to a point, said point being
the southwesterly corner of the herein described district;
thence northerly along the easterly line of lands now or
formerly of Marshall the following courses and distances;
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N 1°23' 30" E 354.7', N 1°04' 30" E 314.70', N ha'
l0" E 341.92', N 52 45' 40" E 115.42', N 74°54' 10" E
16.40', N 56°01' 00" E, 119.66',N 69°06' 20" E 22.32',
N 56°20' 50" E 24.76',,N 16°42' 40" W 515.70',and N 16°
17' 30" W 678.79' t o a point, said point being the north-
westerly corner of the herein described district; thence
easterly along the southerly line of lands now or f8rmerly
of Winne the following courses and distances; N 68 58' 50"
E 131.66', N 69°03' 20" E 110.31', N 68°�i8' 00" E 44.00',
N 69°00' 10" E 66.47', N 6826' 10" E 90.88', N 14'11'
40" E 148.12', N 26'43' 50",E 38.66', N 12°43'30" E 69.00',.
N 27°09' 30" E 50.98', N 44'56' 10" E 63.60', N 31°42'
00" E1202.03', N 37°52' 00" E 103.01', N 44°04' 20" E
76.54', and N 36°134:40" E 146.94' to a point; thence
continue east along the southerly line of lands now or
formerly of Clausen N 7900' 40" E 366.09'to a point
in the westerly line of lands of Riccobono; thence south-
easterly and easterly along the westerly and southerly
lines of said Riccobono the folbowing courses and dis-
tances; -S 15°42' 10" E 290.78', S 16°07' 40" E 616.79',
S 154'56' 30" E 224.59', S 16603' 50" E236.77', and N
57°36' 30" E 776.88' tp a point, said point being the
northeasterly corner of the herein described district;
thence southerly along the westerly line of lands now or
formerly of the Transkrit Corp. the followpg courses
and distances. SS 1°43' 00" E 621.15'; S 24'07' 00" W
187.7°0', S 50612' 50" W 15347', S 48°13' 10" W 83.00',
S 40 39' 50" W 99.98', s 7'00' 10" 408.t5', and S 6°
39' 50" W720.85', to the point or place of beginning.
FURTHER RESOLVED that the proposed improvement, including the ac-
quisibton of existang improvements, construction costs, costs of acquisition
of lands and easements, legal and engineering fees and all other expenses,
Iv financed by the issuance of serial bonds of said Town to mature in such
number of equal installments not exceeding forty (40), as may hereafter
be determined by the Town Board of the Town of Wappinger, payable in the
first instance from assessments levied on benefited real property
in said district; and it is
FURTHER RESOLVED that bids resolution is subject to a permissive
referendum as provided in Section 209e of the Town Law.
The adoption of the foregoing resolution was duly put to a vote and
upon roll call the vote was as follws:
RICHARD H. LINGE voting Yes
GEORGE A ROBINSON voting Yes
VINCENT S FRANCESE voting Yes
WILLIAM J. BULGER voting Yes
LOUIS D. DIEHL abstained from voting
The resolution was therupon duly declared adopted.
WHEREAS, a Petition for the creation of a sewer district to be known
and designated as the OAKW000 KNOLLS SEWER DISTRICT, in the Town of Wappinger,
Dutchess County, New York, the same being dated and verified the 28th day of
April 1964, was duly presented to the Town Board of the Town Wappinger with the
necessary map and plan there unto attached; and
WHEREAS, THE Town Board of the Town of Wappinger duly made and adopted
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an Order at a meeting of the Town Board held on the 25th day of June, 1964
which said Order, among other things, recited the filing of said Petition,
the nature of the improvements proposed, and the nature of the improvements
proposed to be purchase, acquired, constructed, erected, installed and maintain-
ed, as well as the boundaries of the proposed sewer district, and the estimated
expenditures for the acquistion, extension, improvement, repair and renovation
of the same in the sum of Two Hundred Forty-eight Thousand ($248,000.00) Dollars,
and tbdesignate the 16th day of July, 1964, at 7:30 o'clock in the afternoon
of the day, at the Town Hall, Mill Street, in the village of Wappingers Falls,
Town of Wappinger, Dutchess County, New York, as the place where the said
Town Board would meet to consider said Petition and to hear all persons in-
terested in the subject thereof and concerning the same; and
WHEREAS, copies of such Order were duly posted and published, as
required by law, and
WHEREAS, said hearing on said matter wasduly held by the Town Board
of the Town of Wappinger, ob said 16th day of July, 1964, commencing at 7:30
o'clock in the afternoon thereof, at the place afresaid, and evidence was given
from numerous witnesses concerning the establishment of said sewer district,
the proposed purchase of existing facilities, the extension of the same, and
the renovation, reconstruction and repair of the same, by qualified witnesses,
under oath, including duly licensed professional engineers, and no one objecting,
or appearing in objection to the establishment of the same, or the acquisition,
purchase, extension, repair, renovation and improvement of said facilities;
and said public hearing having from time to tthme been adjourned, at which
adjourned sesssion further evidence was adduced concerning the purchase of
of the present system, and the extension thereof, including evidence given
by licensed professional engineers retained by the Town of Wappinger, Dutch-
ess County, New York, for the purpose of ascertaining the fair, true market
value of the existing facilities, and the proposed cost of extending, repair-
ing and renovating the same.
NOW, upon the evidence adduced at said hearing, as adjourned, the
following resolutions were offered by Justice of the Peace Bulger, who moved
their adoption; seconded by Councilman Robinson, to wit.
IT IS RESOLVED AND DETERMINED THAT:
(a) The Petition, filed as aforesaid, was filed, acknowledged, or provdd
as required by law, and it duly complies with the requirements of Section 191
of the Town Law of the Sate of New York, as to the sufficiency of the signers
with respect to the boundaries of the proposed district, as herein approved,
and is otherwise sufficient.
(b) All of the property, and property owners within the proposed dis-
2O5
trict are benefited thereby and said proposed district consists of a territory
which it is proposed to serve immediately,or which can be served in the future
without major increases in cost.
(c) All of the property,- and property owners, benefited are included
within the limits of the proposed district. -
(d) It is in the -public interests to grant in whole the relief -sought.
IT IS FURTHER RESOLVED and determined that the establishment of a
sewer district, as proposed in said Petition, be approved; and -that the im-
provements proposed to be acquired be acquired, for a total cost which is
not to exceed the sum of One Hundred Twenty Thousand (120,000.00) Dollars;
and that the extension, renovation and repair of the same be undertaken,
411
at a sum not to exceed 0 e Hundred Twenty-eight Thousand (128,000.00)
n
Dollars; all of which is- to be done and peformed subject to the further
conditions contained im this resolution, and the required funds therefore
are made available or provided for; and that such district shall be des-
ignated and known as OAKWOOD KNOLLS SEWER DISTRICT, in the Town of Wappinger,
Dutchess County, New York, and the same shall be bounded and described as
follows:
ALL that certain piece or parcel of land situate, lying and
being in the Town of Wappinger, County of Dutchess and State
of New York, more particularly bounded and described as
follows:
BEGINw1MING at a point on the northerly side of Myers Corners
Road, the said point being the southeasterly corner of the
herein described district, and the southwesterly corner of
lands now or formerly of the Transcrit Corp.; thence wester-
ly along the said northerly line of Myers Corners Road, the
following courses and distances: N 83055' 50" W 83.80',
S 85 591 10" W232.30', -N 83v 19' 50" W. 19.30', N 49°10'
0
50" W 11.30'. S 84502' 10!!. w18.7011 and S 75 42' 30",Vi
40.73' to a point; thence northerly, westerly and southerly -
along the wlterly, southerly and easterly line of the
herein described district the following courses and dis-
tances: N 13 41' 20" W 600.021, S PP 4«" /0" W 520.00',
S 12°34' 50"E 100.08', S 37 08' 40" W 456.14', and S 140
12' 20" E200.001 to a point on the northerly line of the
said Myers Corners Road; thence westerly along the said
8
northerly line ofMyers Corners Road.S 86 06' 40" W 18.38',
and S 826 30' 40" W 202.361 to a point, said point being
the southwesterly corner of the herein described district;
thence northerly along the easterly line of lands now or
formerly of Marshall the following courses and distances:
N 1° 23" 30" E 354.74', N 11 04' 30" E 314.70', N e18'
10" E 341.92', N -5?-45' 40" E115.42', N 74054' 10" E
16.40', N 56 01' 00" E 119.66, N 69 06' 20" E 22.32',
N 56°20' 50" E 24.76', N 16°42' 40" W 515.70', and N 16 °
1.71 30" W 678.79' to a point, said point being the north-
westerly corner of the herein described district; thence
easterly along the southerly line of lands now or formerly
of Winne the following courses and distances: N 6852'
50" E 131.66', N 69c03' 20" E 130.311, N 68 38' 00" E
44.00', N 69 10" E 66.47', N 68c26' 10" E 90.88'f N
14°11' 40" E 148.12', N 26 43' 50" E 38.66', N 12°43'
0 6
30" E 69.00', N 27 09' 30" E 58!98', N 44 56' 10" E
63.60'1 ti 316 42' 00" E 202.03', N 37° 52' 00" E 103.01',
N 44° 04' 20" E 76.54', and N 3613' 40" E 146.94' to a
point; thence continue east along the southerly line of
lands now or formerly of Clausen N 7900' 40!' E 366.09'
to a point in the westerly tine of lands of Riccobono;
thence southeasterly and easterly along the westerly and
southerly line of said Riccobono the following courses
and distances: S 15('42' 10" E 290.78', S 1607' 40" E
616.79', S 151 56' 30" E 244.59', S 16°03' 50" E 236.77',
and N 57 36' 30" E 776.88' to a point, said point being
the northeasterly corner of the herein described district;.
thence southerly along the westerly line of lands now or
dormerly of the Transkrit Corp. the following courses and
distances: S 1" 43' 00"_E 621.15', S 24'07' 00" W 187.70
S 50 50" W153.97, S 48e13' 10" W 8$.00', S 40 39'
0
50" W 99.98', S 7c00' 10" W 408.15', and S.6 39' 50" W
720.85', to the point or place of beginning.
IT IS FURTHER RESOLVED that the proposed acquition of the existing .improve-
ments for the total purchase price of One Hundred Twenty Thousand $$120,000.00)
Dollars, including the cost of the acquisition of lands, rights-of-way and
facilitites, and the extension, renovation and repair of the same, and all
other lawful expenses, whatsoever, including engineering fees and legal fees, shall 8'
be financed by the issuance of Serial Bonds, or other lawful evidence of -;
indebtedness of the Town of Wappinger, Dutchess County, New York and that
207
the maximum amount of monies to be expended in the acquisiebion, exte.sion,
construction, reconstruction, renovation and repair of said sewerage
system shall not exceed Two Hundred Forty-eight Thousand ($248,000.00)
Dollars, which it is contemplated to be paid by the proceeds realized
from the issuance of the aforesaid Serial Bobds, or other lawful obli-
gations of the Town of Wappinger, Dutchess CountyF New York, and in
accordance with the provisions of the Local Finance Law of the Sime
of New York, and
IT IS FURTHER RESOLVED That in accordance with the provisions of
Section 202 of the Town Law, the cost of such acquisition, construction,
reconstruction, renovation and repair, including the extension of the
sewerage system shall be assessed by the Town Board of the Town of
Wappinger, Dutchess Cpunty, New York, in proportion as ne9-ly as may
be to the benefit which each lot or parcel in said district will de-
rive therefrom, including lots presently not on an accepted, approved
and filed map, as provided for in a certain written contract or agree-
ment between Ritter Construction Corp., Oakwood Waterworks Corporation,
Mark Ritter and the Town of Wappinger dated the day of Ebbruary,
1965, and
IT IS FURTHER RESOLVED that the establishment of said sewer dib
trict, and the approval of the same, is contingent upon the said Rittter
Construction Corp., Oakwood Waterworks Corporation and Mark Ritter
executing, acknowledging and delivering said written contract or agree-
ment, which same is to contain the agreements between the said Ritter
Construction Corp., Oakwood Waterworks Corporation and Mark Ritter and
the Town of Wappinger; and
IT IS FURTHER RESOLVED that the Town Clerk of the Town of Wapp-
shall within ten (10) days after the adoption of these resolutions file
certified copies thereof, in duplicate, in the office of the SBite Dep-
artment of Audit and Control, situate at Albany, New York, together with
an application of the Tern Board of the Town of Wappinger, Dutchess County,
New York, likewise in duplicate, for permission to create such district as
provided for by Section 194 of the Town Law of the Sate of New York, and
that such application shall be executed by and in behalf of the Town
Board of the Town of Wappinger by the Town Supervisor, or Deputy Supervisor
of the Town of Wappinger, Dutchess County, New York.
208
IT IS FURTHER RESOLVED that the law firm of Aldrich & Aldrich,
Esqs., 21 Davis Avenue, Poughkeepsie, New York, are hereby appointed
and designated attorneys to said proposed sewer district, and
IT IS FURTHER RESOLVED that the firm of Barger and Russ, New
Hackensack Road, Wappingers Falls, New York is hereby appointed and des-
/
igneted engineers for said proposed sewer district.
The question of the adoption of the foregoing resolutions was
duly put to a vote or roll call which resulted as follows:
RICHARD H. LINGE voting YES
GEORGE A ROBINSON voting YES
VINCENT S FRANCESE voting YES
WILLIAM J. BULGER voting YES
LOUIS D. DIEHL abSte§ned-from-V Bing
The resolutions were therupon declared duly adopted.
The following is the reason given by Councilman Diehl for abstaining
from voting.
After having met with membersof the Citizens Committee of Oakwood
Knolls, discussions at the Dept. of Health of Dutchess County and discussions
and meetings with others concerning conditions, problems, and results of
said conditions and the future results to come with the results of this
vote I would like to read the following statement as the reasons for
my decision.
I must abstain in voting in this instance because first to vote no
might abstruct the attempts of the homeowners to find a solution to this
serious problem and I am in complete sympathy with them so I cannot vote
No. On the other hand to vote yes would be to sanction the past actions
or inactions of those concerned that created this bad situation whiclg oc-
curred before I became a member of the Town Board. This sanction I cannot
and will not give and in the future I shall do everything possible to in-
sure that the interests of the Town and the Taxpayer are not again placed
in such and embarrassing and difficult posttion by poor and inadequate
performances by any persons or companies doing business with the Town of
Wappinger Signed --Louis Diehl
Motion was made by Councilman Robmoese and seconded By Justice of the Peace
Bulger that the meeting be adjourned.
S iigned
Town Clerk
WARRANT
To -RICHARD- -H.---LINGS. , Supervisor
Town of WAPP I NGER , County of DUTCHICS , New York.
The following claims, having been presented to the Town Board of the Town of
WAPP.X.Pgait , and duly audited and allowed at a meeting thereof held on the
1.1 day of February , 19_65..., 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
OTHER INFORMATION
Associaticin
47 PP" William J. Bulger, 45..20 _..pf Town Expelnae. Convention
Feb. 7,8,9. & 10
4R 09k verner Chriefention 49.00
49 V‘ladvs Timbo 48.00
con'. Helen L. Travip 49.90
51R- Bertha R. Recchia 49.30
528-v Diehle 48.20
53 Joseph Z.. Ludewig 50.20
11
11
1111 1
11 1111
In Witness WhereorI have hereunto set my hand and the Seal of the Town of... ......................
this 1,1 day of Ittbruaxy , 1965...
[SEAL]
vei-
Town Clerk
100WWILLIANSON LAW NM CO,, ROCNIMR. N.Y.