1989-09-07 SPMA Special Meeting of the Town Board of the Town of Wappinger was held
on September 7, 1989, at the Town Hall, Middlebush Road, Town of
Wappinger, Dutchess County, New York.
Supervisor Paino opened the meeting at 7:55 P.M.
Present: Others Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Gladys Ruit, Deputy Town Clerk
Absent:
178
Thomas Wood, Attorney
Joseph E. Paggi, Jr., Engineer
David Reis, Councilman
Elaine H. Snowden, Town Clerk (previous business commitment)
This meeting was set at a Special Meeting of August 17, 1989, for the
sole purpose of the Town Board considering the purchase of the Atlas
Water System. The meeting followed a Public Hearing on this subject
at which time the Town Board listened to comments from the district
residents which enabled them to determine that their decision would
be an affirmative one.
The following resolution was offered by SUPERVISOR PAINO who moved
its adoption:
RESOLUTION FOR THE ESTABLISHMENT OF THE NORTH WAPPINGER
WATER DISTRICT FOLLOWING A PUBLIC HEARING
WHEREAS, the Town Board previously has accepted the Town
Engineer's Report with respect to the proposed establishment of
the North Wappinger Water District, and
WHEREAS, said Town Board duly adopted on the 17th day of August,
1989, a Resolution reciting in general terms the boundaries of the
proposed District, the improvements proposed, the maximum amount
proposed to be expended for the improvement, and specifying that
said Town Board shall meet at the Town Hall, 20 Middlebush Road,
Wappingers Falls, New York, on the 7th day of September, 1989, at
7:30 P.M., to consider said Petition and hear all persons interested
in the subject thereof, concerning the same, and
WHEREAS, certified copies of said Resolution were duly published
and posted according to Law, and said Town Board did, at the time and
place specified in said Order, duly meet and consider all persons
interested in the subject thereof, who appeared at such time and place,
concerning the same, and
WHEREAS, the evidence offered at such time and place requires
that the Town Board make the determination hereinafter made;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town
of Wappinger in the County of Dutchess, that it be and hereby is
determined as follows:
1. That all of the property and property owners within the
proposed North Wappinger Water District are benefited thereby.
2. That all of the property and property owners benefited
are included within the proposed Water District.
179
3. It is in the public interest to establish the proposed
Water District as hereinafter described, and
BE IT FURTHER RESOLVED that the Town Board does hereby approve
the establishment of a Water District as hereinafter described in
Schedule A to be known as North Wappinger Water District, and
BE IT FURTHER RESOLVED that the new formed district shall
contribute the sum of $50,000.00 towards the acquisition of the
facilities of the Atlas Water Company as set forth in the Map,
Plan and Report of the Town Engineer, and
BE IT FURTHER RESOLVED, that the proposed cost of acquisition
shall not exceed the sum of $50,000.00 and the method of finance
shall be by issuance of a Bond in the maximum amount of $50,000.00
repayable over 20 years, and
BE IT FURTHER RESOLVED that the Town Clerk be and hereby is
authorized and directed to file a certified copy of this Resolution
in duplicate in the Office of the State Department of Audit and
Control at Albany, New York, together with an application in duplicate
for permission to so create said Water District in the' manner and
form prescribed by Article 12A of the Town Law of New York within
ten days after the adoption of this REsolution, and
BE IT FURTHER RESOLVED that the Town Supervisor be and hereby
is authorized and directed to execute said application on behalf
of the Town of Wappinger, and
BE IT FURTHER RESOLVED that this Resolution is subject to
Permissive Referendum and therefore, the Town Clerk is hereby
directed to post said Resolution on the official Bulletin Board
for the posting of said Notice and shall publish the same in the
official newspaper of the Town of Wappinger.
BE IT FURTHER RESOLVED that based on the Environmental
Assessment form filed herein, the Town Board adopts a negative
declaration for purposes of SEQR, and
BE IT FURTHER RESOLVED that all benefited properties will be
assessed by means of a Benefit Assessment.
Seconded by: Councilman Farina
Roll Call Vote: 4 Ayes Councilman Reis ---Absent
The following Resolution was offered by COUNCILMAN FARINA who moved
its adoption:
WHEREAS, the Town Board at its workshop session did negotiate
the Contract for the purchase of the Atlas Water Company, for the
sum of Five Hundred Thousand Dollars ($500,000.00), and
WHEREAS, a proposed Contract has been forwarded to the Atlas
Water Company for their signature, and
WHEREAS, it is the desire of this Town Board to authorize the
Town Supervisor to allow the conveyance and purchase of this property
to occur,
NOW THEREFORE, BE IT RESOLVED that the Town Board does hereby
authorize the Town Supervisor to execute the annexed Contract of
Sale between the Town of Wappinger and the Atlas Water Company wherein
the Town would acquire the Atlas Water Company for the sum of Five
Hundred Thousand Dollars ($500,000.00), and
BE IT FURTHER RESOLVED that the Town Supervisor be and hereby is
authorized to execute an application to the Public Service Commission
with respect to obtaining approvals of the proposed sale, and
BE IT FURTHER RESOLVED that the Town Supervisor be and hereby is
authorized to execute any applications to the Department of Environmental
Conservation or Department of Health with respect to the purchase of
the Atlas Water Company, and
BE IT FURTHER RESOLVED that the Engineer to the Town and the
Attorney to the Town be and hereby are authorized to prepare said
applications for approval of the sale and to perform any other
services and work necessary in order to effectuate the closing of
title for the purchase of the Atlas Water Company.
Seconded by: Councilwoman Smith
Roll Call Vote: 4 Ayes Councilman Reis ---Absent
There was no other business to come before the Board.
MRS. PAINO moved to close the Special Meeting, seconded by Mr.
Valdati and unanimously carried.
The Special Meeting closed at 8:02 P.M.
Spl. Mtg. 9/7/89
Gladys Ruit
Deputy Town Clerk
Cami.),),k k--- StkrAfCillt,
—tow (, CAerk-
180
A Public Hearing was held by the Town Board of the Town of Wappinger
on September 7th, 1989, at the Town Hall, 20 Middlebush Road, Town of
Wappinger, Dutchess County, New York on an Amended Proposal for the
Establishment of the North Wappinger Water District.
Supervisor Paino opened the Hearing at 7:30 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Gladys Ruit, Deputy Town Clerk
Absent:
David Reis, Councilman
Others Present:
Thomas Wood, Attorney
Joseph Paggi, Jr., Engineer
The Deputy Town Clerk offered for the record the Affidavit of Posting
and Publication duly signed and notarized. These Affidavits are
attached hereto and made part thereof of the Minutes of this Hearing.
The Minutes of this Hearing were recorded by Robin E. DiMichele,
Senior Court Reporter and are filed in the Town Clerk's Office under
subject matter.
Gladys Ruit
Deputy Town Clerk
0._t_tul_ ufV.JR,u-
CI"' Cter
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
PROPOSED ACQUISITION OF ATLAS
WATER SYSTEM BY TOWN OF WAPPINGER
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and says:
That she is the duly elected, qualified and acting Town
Clerk of the Town of Wappinger, County of Dutchess and
State of New York.
That on August 23, 1989, your deponent posted a copy of
the attached notice of Public Hearing on the proposed
Acquisition of the Atlas Water System by the Town of
Wappinger, on the signboard maintained by your deponent
in her office in the Town Hall of the Town of Wappinger,
Middlebush Road, Town of Wappinger, Dutchess County,
New York.
Sworn to before me this %
day of
1989.
Notary Public
Elaine H. Snowden
Town Clerk
Town of Wappinger
CECILE S. HAWKSLEY
NOTARY PUBLIC, STATE OF NEW YORK
NO. 4866032
QUALIFIED IN DUTCHESS COUMMy
COMMISSION EXPIRES AUG. 4,19Y4
3r
Southern Dutchess News
914 297-3723
rv::c•r.�77.7r4- -:,•WAPPINGERS FALLS
'12590
9UTHERNHDUTCHESS'NEWS= PAGE.IIB 1.;
+,11'i;l',.,4,,, ,. '
gal IVotic
'corner of Lands '.now or' formerly : net of said Lands of Town ol, W p
. Rood, Liber 1074, Page 100; said ager{ thence Iaavin*'riltld Ay
ypolnt also being on the northedy line corner and- runn • • theenor•
Iof said Wldner Road; thence leaving •° tbessterlyy line of s , Wap- .
said eouthwesterly Corner and wind fppingert,Sopthv,34° 11 Y7,' F.Mtt
(.northerly road Ilne and running along !, 445,00 -feet 10 a porn • the
Ohs westerly line of said Rood North f a,etedy Oro( of said:own •: : ,
f30 51 20' East 1,229.86 feel to a : • nnggeer, said point alio being plot' ' •
point being the northwest corner Of tr, he y comer of Lots Numbers 17 efrd - .
,.said Rood, said point also being on -1,18 as shown on a Mapentitled "14tap
ithe southerly line of Lot Number 30 t of,SubdMelomotMeadow He hta'. •
as shown on a Map entitled "Map of. on rile In the outdo= Countyaerial
�•WIldwood.Forest_on file inthe ut'__ Qmc. al Map Number 3061;-6tence
r
,l chessCounty'ClerksOfficeasMap leavingsaid Common corner andnin-
'4 leaving said 4 Hing ong'ihe rrortAed line Of Old
" Number 3176; thence northwester) corner ' -and said
; r , Subdivlebe.t to 311 7910the
"' a , RESOLUTION :' . +1 ' �` a southerly lot line and running along t' 81'lfeittip: a; poi the ;-.
@ +. Bald line of Lot Number.30 and the leWesterly 'CorharOf Lot thfitleY5 ass .
¢`•WHEREAS, the YoWn Board has westerly line of the herein deecdbed, i shown on a Map entitled, "Swenson
5 previously authorized 'the -Town C4 Subdivision the. following ;courees SubdMelon;' On file the pu ass
'.+• E Sand distances: r'•1.1-4 r',•" 4••"'1' + Cbuh Clerks,Olfioe as:Mrt 'lo '
w Engineer to study and prepare a" ,, 0 7771: thence leaving said dy
South 34 08''30' LWest 25.00 '
' Map, Plan and Report with respell' . ° rrot[�e
to the Atlee Water System and the :feet, South 70 20" West 331.75.11nd-of File 'Mari,Numbtf3p6t ,
d acquisition • by the Town 'of said ttNorth 73 31' 20" West 296.58 l said westerly corner'Gf tall NQ
t, Water System, Its well fields .end felt:,North 04°45'50"East 208.80 45, and runningeofsa.th'•,nodmedy
+(M� i distributions facilities, and +•f i "' tfeet, South 58°10' 50"' West 393.62. aA 41rly line of said Lo1'N7lfeet •
WHEREAS, .following ' a prior feet; North 23° 38' 00" West 169.$2.,6 North 4t° 49'.40" EMU 484;73 het
Public Hearingan'amended 1^feet, North 17° 56' 30"West 238.76;{{ and South 36°40' 20" East 695.75
pro- feet, North 15° 29' 10".West ;, feel to a n
al for the establishment of this''point
District has been prepared and filed feet' and North 03° 44' 50" West ,; ly comer of said Lot Number 6, kaki ,i -;
* r ' h with the Town Clerk, and �;, .99.77 feet to a point being the 'nor- ' point also being on the northerly line
't ri thwesterl + corner" of sire +herein of of 4'
' +f WHEREAS, the Town, Board has til Ken¢ack, geld
G ?.1 knowbrecelved °the amended describe Subdivision;idald'point4 1.1151, dal louthe • er ,;r.
t Engineer's Report entitled, "Propos v also being the westerly toner of Lot aria running lgn'g soutlwasster.,' .
Pod North W S' Number 1 and said point also being y of Cot
N appinger Water District,'' : at the southwest corner of a mapart ,},H (lumbar: i� ;.
and ' '•, kerreackk Apad
'WHEREAS, The Engineer to the tilled -Alexa ood Malar on Survey of e,, eau ea- and dietafices:. • 0-.
t Town has flied with Town . trek u(lexander Property" on lila In i}, r South 39° :18' 00" • Wase:92.40 h .
hla Map showing the the Townari Clerk, of T, the Dutchess County Clerks Office;y,feet, South 70!•34' 00' .Westreit,20 ''
. f theproposed District, and a general as Man Number 3107; thence leav `'t
Ing said Common corner and runrifet, South 9 4°26'00" •,feet'A ,88
I Plan for the District, and a Report of . et,-SaQhi 34 28'00' •-�lfssl 7p 38, •
` ,� the proposed method of operation .; in the westerly lined said FU• feet and South 38! • 32 bel''
West ;''
Orf rand financing, and that said Pia In
pNumbe3107North 52 54'2,1190,413'fe t to a point bel" 'the
ry 40" West 790.65 feet too point be, „,eau. 1.
also shows the source of the oaten�I ;4"sai ploy let r
Ing the westerly comer of said �Ued'h� 5� r said : point,' slop •pp+ t ((he '{
Z Map: said point • also, being . the ' southeasterly corner of Lot NhInber .•' x;
Southeast corner of Lands now o:.
33 as shown on a Map entitled .`M
`formerly Gunson; Llber,1355,,Page' mf Subdivision of Meadow HeiIgphts
i' Town Clerk of the Town of, Wapp97 309; thence leaving said coral on fife, kat he Dutch .e ounty Qlerka g .
i er, end ; r '. '• r ,4'1'4- W,� ,corner' and running along • the ',Officio Map NUmber 3061;
r g'i southe lined said Gunson and the Id i
31, ' WHEREAS, annexed hereto and rY dNvinuing common' hefty I inn -' ;.,
made a pert hereof, Is a Schedule'', fsormerly
e of ior Lands 58 pahaf Said
along Hackensack
Road,
a {�.
; "A" describing the metes and ., formerly the Crane, 'Libor a and w, terly poid New Hhe bush k t corder
t r a
'' bounds of the proposed District, and
'and the southerly westerryt point being the wuthwsa oor�ir d
WHER�AS, the maximum amount ' . line'of Othr Lands of Crane, Liber scold Subdivislone Bald �r .be,,,r .11
1587, Page 257 ' the :• following --• in the sadhwest',corner:of -Loi 4, fie
of proposed to be expended on the " courses and distances: -kit ,f0 &''± 9
art of the new North Wappinger r,.4,Navingil as'shown:thr ohiIn.ace
Water Diatrlct. shall notceeed'4"SouthSouth 82° 19' 20" West 108.24,' leaving oldnortIS'co road line and ..4,, a
$50,000.00 and that elan lunch wilt F+7 South 820.05' 00' West 108.24 feel, two southwMte ey comer Irtld runn-: 441
South 82 ' 00 ,West 134.00 and ing'falen thehwes nNfk. of said ,r, :
be raised through the issuance of a • q ta�,r
Municipal Bond,and ..r , + i ; North 37 00"Wesl 251,30 feel { Subdivision tar ionises
# mQ:'C'urNt
? f said point being tf►e'weatedy comer p and distances: ' k.' '', `'Js7' f '''
• ''m WHEREAS, the Map Plan and of said Crane, said Int also being or
t,Re are on fide in the Town Clerk's i point 9 -It,'Nnh3744`00' 30
port on the southerly line d New Hr ckor deet
Office and available for public.ig-' • North 37! 400' , 'y .22 !i a'
apection, and f, , • r,'; rr,, Stack Road; cornere leaving eng said
tgftiet, North 34° °34` 00'3 W efy tb•87 y: •>:
i;r> thwesterly and crossing sald:'pfeet, North 31' 33'00"W eft' .13 ;':rs
WHEREAS, the charges a Hatsrip X89$
1. the property owners located wethinfp' southwesterly
R noad ae of Lands .0.5 -Met, eet, No h 28° 02'00' West 92.57.:.
said District will be made on a benefit
assessment basis, and r ., ; -. o hnnedy the Town of Wappingar i' feet, North 34° 47' 00" Weat 88.79'3 ,:'
WHEREAS, the Town Board is thea B4 descdtred In Liber 1401, Pager het, North 38°' 00' 00".West 02,70 ';;'ix,
only agency Involved with Improvi ,y. 344, said point alas° being on ihe,1,lleet•1and North 34!''041001, Y,the ,
• this project, and for the purposes ng northedyline of Hackensack Road; 1 77,31 feet ,t0 'a of being P Paea of ''' thence leavingsaid northedy road y l Thi;
,.. SEORA will thus be the Lead Agen-'kf Y westerly Una n ot_qumerh),C sod ; ,';
!.Py, and ' d ,,,; . ,.t line and running along the westerly.'pWhl also being the •ulerhlA ;; ,
Zine of said Town of Wappinger the ;tt:',of otNu berl7; !bait B asshown +''''
WHEREAS,; an Environmental followin courses and distances, F; rSs'•+
?tAssesament +Form has , been g i�'On a Map entided'1'Qulet Ay.Cle on, ;
P part of the r' Noh 49° 51' 40" West43.14 feet,; . file' in the Dutchess eCoun • Cterke ffiii.'
prepared and Is
Engineer's Report, and le available '1 North 56e 17' 50" West 159.18 feet • a Map rat 1y
for public. inspection, d 'A -rt f •North 72 39' 20'1 West 128.91 feet, said t et tlayisOc�dr ,,i6,jI
p P '. North 55° 35' 50'1 West 23.73 feet,' be' Her 'r"1
NOW:•THEREFORE,.r BE 4.1T , umbet•8'atrdsalt a rx line;
�i+ North 58 '43' 30'1 West 12.88 feet, N � � sN`
RESOLVED, that the Town Board t, and � the t:8nd ins ;. ;;�
oil hold a Public Hearing 1n thea mat-, r North 87e 52" 30" Weat 24.61 feet„ V, of. Lot,' um and •the ,,t
_ . ter on the 7th day of September, North 80 48'601' West 85.33 51.78 f lot,: Nuthe de Iln�sa6ours p l�jr
1 ; 1989 at 7:30 p.m. at the Town Hail, North 50°.18":30" West 51.78 teal Number 29
r..11
and Coursesr4
?' Mlddlebuah Road, Wappingers Falls, and North 80°,52' 20' Weat 36 * tl dletanrxt,
feet to a IM bei on the souther- { •,
New York, and 1; ; : ..;':>'a ly rO rt South'60 13'•1 West'158 72'
BE IT FURTHER RESOLVED that
a t South 12 52 East 27 !16 hal
} q supply, described the land to be ac
qu rend, etc., a..•;;
WHEREAS, the Englneerto th
Town hes filed these plana with th
abank the W Creek, said •
• the Town Board shall be available for ^' point also being on the westerly lint; south. 60. war wee 33. jp feet
public Inspection in the Office of the g of Lot Number 10 -.Block Mown dr A as own t South 50°52' 00" East 100.28 feet, a
Town Clerk during business days .,4; on a Map enttlded "Quiet Acres" on .4iSouth 02° 08' 00'^Eaet f30,521eet, aA
between 8:30 e.m. and 4:00 m., , file in the Dutchess Coun r Clerked, Seuth 184 40'0" West182.14feet, ,t,
i• and a. ,,,,P :;, �tia• Office as Map Number frena South 04° 34' 00'3 East .112:87 fest: `
t BE IT FURTHER RESOLVED thatS; .leaving' Bald northwesterly comely gouth 21.14', 00"• East 24038, feet ,
a copy of this Order and complete ; and running along the westerly line „yea pole being the souBMaet Omer !c
n Itemization of the metes and bounds'gt of List Number 10 and the westerly* pf of Number -l; Bald paint alebbe- 'i,.
1� deanlIpPtion of said District
,. line of Lot Numbers 11, 12, 13, 14,•, Ing on the norther)' tine of told New ''
C plrfacrMd a Mot ensst,ICI • . 1417 18, le and 20 of A
In�p�p�rd9rTorMtsofMas "+ tlll1119Mkbasalt1s*
(lilt, ae Name than
,•r°Hu,ot
It..BEPufTCLFUa�HRRc nm�r •
Un• of said Lot flu
30! 004 Dist 146i.
that the Town Clerk shall post ° °,,,, being the stastedy
Resolution• and Noticeel; el Lot Nter 20 point
Hearing on the 0150181 i sting • • betn oh the northerlyline of Hale
of the Town or W pm r, and w t Drive thence leaving said 'astral)
BE IT FURTHER RESOLVED that
}. all ertlea Interested and' In being thedcorner and running alongy sold nor• ,
heard on both the Environmental ' East road line North int 3n' the 1
Assessment Form and the proposed ' East 50.00 feet to a point being t
southerly corner of Lot Number 33;,.'theestkd corner and runn) l
District Establishment, should thence leavingsaki northe roadi` ' Y .w1 r,� a
dY � sa>;d easterly SubdNlelbn l.k» 8pwi
ly Ilne of said Subdivision ire` ; and North 37° 44'00" East 234,0 T�'''Os� � i �
.following courees and distances;" rb1, � to a print bei the Num r 2'South �°� }�: r
•
Clerks: Office as.Map°TN ;'ber
1O7, said point-.aleo'betng opt the ?;:"
'ta Roa ' th n seid�ng; 4I nor- '(
aaCK Road; ihencs lerrorvg;'i;;
„"n: �'a,t¢y.M^!i4l8RSIf�1f1 y >e and sold a2uthedy comer end•, • 283'' 11 `,10 r.. East 544: to a
wester
North 18 20'50" West 847,75` northerly cos
5.34r.O4i,,Weal .
t., Her of said rands of the •.Town, q '� fest to the southeast comer' ° '
feet, South 57° 35' S0" Weat 207.53:' : WePPI r,'eald 4It Paid Lot Number 2; said
feet, South
31°02'104. '5East t 207.10; point a i - ,being on the. ilea OIXI oleo v f
northwesterly comer d
teat Io a point being the northwester-" ' 0f the Town d W nger as deecrib' sRead; telly co `p leaving stmt ; .f
I corner of the herein described ' ; ed in Liber' 1244, PaQe 753; O,enLy "NutheroadrtII `+v f+aid,;l r
Subdivision, beirag lints
comer and said nor -.4j
northwest corms point
mbar th s, leaving along said Creek r^Mt'.lhedy road ink and;hceffpctdp bed r i`
and said point also bel ,A.
continuing Widmen'Road�,�o
southerly line t said Widmer Road , line the following ; courses "enc �sglnningve description
es•c d o t r,+a t
thence leaving said northwesterly distances;.r' : ., 4x ° r; f n•- ' HTM above dell 'f i
' "North 48°''42'''S0'•';East 250,9: 'd rhedesc description
le', A.,I
-42'''50',r.East Iletin d existing filed maps and �'�' ;
It
corner and•'running "along,, said, ,;;: feet, North 58° 52'+00^,East290.0C Vidus of record. The de
Widmer Road to the southweaterlv...', feet to a print being the rrortfredy acrlpllon le
sub t�whet anaocunte sures i
wat•ti x . '*' x'#a�el,tc°r�r;°1ii�Ytd�A��, �. d+,ti+''�
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Elisabeth Inacker
of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the .....80.okJ eep.x
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for one weeks
successively in each week, commencing on the
23rd day of ."..Au.9 ..."," and on the
following dates thereafter, namely on
and ending on the 23-d. day of August
1989 both days inclusive.
Subscribed and sworn to before me
this 23rd day of August , --,• t-.19 89
Notary Public
My commission expires
RACHEL WISHART
NOTARY PUBLIC, STATE OF NEW YOF
QUALIFIED IN DUTCHESS COUNTY
If 14-48559W
COMMISSION EXPIRES
MARCH 31, 19,4