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1975-07-22STATE OF NEW YORK COUNTY OF DUTCHESS TOWNS OF WAPPINGER AND FISHKILL IN THE MATTER OF The Application of the HUGHSONVILLE FIRE DISTRICT and the CHELSEA FIRE DISTRICT for Leave to Alter the Boundaries of Each Respective Fire District. X Town Hall Mill Street Wappingers Falls, New York 11r, Monday, September 22nd, 1975 7:30 o'clock p. m. PHILIP E. STILLERMAN HEARING REPORTER 1 STATE OF NEW YORK COUNTY OF DUTCHESS TOWNS OF WAPPINGER AND FISHKILL IN THE MATTER OF The Application of the HUGHSONVILLE FIRE DISTRICT and the CHELSEA FIRE DISTRICT for Leave to Alter the Boundaries of Each Respective Fire District. PRESIDING: X X Town Hall Mill Street Wappingers Falls, New York 125' Monday, September 22nd, 1975 7:30 o'clock p. m. Louis D. Diehl, Town of Wappinger Town Supervisor APPEARANCES TOWN OF. WAPPINGER Supervisor Louis D. Diehl Councilman Leif W. Jensen Councilman Francis Versace Clerk Elaine H. Snowden TOWN OF FISHKILL Supervisor Herbert W. Mu Councilman Patrick Henne'. Councilman Frank Romagno!-, Clerk Hazel Beckett [7:32 P. M. PUBLIC HEARING COMMENCED.] SUPERVISOR DIEHL: This Public Hearing is called to Order. Will the Town Clerk of the Town of Wappinger call the rel. MRS. SNOWDEN: I will call only one-half, for the Town of Wappinger: Supervisor Diehl? SUPERVISOR DIEHL: Here. MRS. SNOWDEN: Supervisor Muller, from the Town of Fishkill? SUPERVISOR MULLER: Here. MRS. SNOWDEN: Mr. Jensen? COUNCILMAN JENSEN: Here. MRS. SNOWDEN: Councilmen Clausen and Saland are not here; Councilman Versace? COUNCILMAN VERSACE: Here. MRS. SNOWDEN: Mrs. Becket, would you do Fishkill's? MRS. BECKETT: Councilman Hennebery? COUNCILMAN HENNEBERY: Here. MRS. BECKETT: Councilman Romagnoni? COUNCILMAN ROMAGNONI: Here.' MRS. BECKETT: Two Councilmen are absent: Councilman Pappas and Councilman Stewart. SUPERVISOR DIEHL: The record should reflect that Town of Wappimj, Councilmen Saland and Clausen are not present. Will the Town Clerk for the Town of Wappinger please verify as to the Publication of this Public Hearing? And, also the Affidavits of Posting? MRS. SNOWDEN: I offer for the record the Affidavit of Public- ation, and the Affidavit of Posting. The Affidavil of Posting indicating posting was made at the foll - ing locations: Chelsea Fire House, Liberty Street, Chelsea; Chelsea Fire House Annex Building, Old School House, Liberty Street, Chelsea; Wappingers Falls Post Office; Billies Grocery Store, Route Or- Hughsonville; and the Chelsea Post Office, Chelsea; and the two Town Halls, in Wappinger and Fishkill. SUPERVISOR DIEHL: Thank you. Will the Town Clerk for the Town o Fishkill verify as to the Publication? MRS. BECKETT: Yes, sir. MRS. SNOWDEN: Do you wish the Petition read? SUPERVISOR DIEHL: I don't think it's necessary. Mr. Aldrich? RUSSELL E. ALDRICH, ESO: No, reading of the Petition is not necessary. I would like to speak in favor of this Application which is made to the two Towns, the Town of Fishki: and the Town of Wappingers; and this Application i:' made by and on behalf of, and I speak on behalf of, the Chelsea Fire District and the Hughsonvill Fir,? District. This Application has been designed to have you gentlemen of the two Town Boards permit two fire districts to straighten the boundary lin between them, so far as it covers certain portion. of the Town Boundaries, in accordance with the descriptions contained in the Petition which was acknowledged on the 9th of July, 1975 and filed with both Town Clerks, and remains on file at both Town Clerk's offices. I have for you tonight a resolution which we propose be adopted. This has been recommended by all of the Fire Commissioners of the two Districts, and it is believed to be in the best interest and welfare Of current of the people within the districts. course, any old bonds or indebtedness, or indebtedness will be continued, and will be paid by those who incurred it, that is the old district will be responsible for all of its past debts, as formerly formed under the old boundaries; and the new boundaries will, of course, be respons- ible for the new bonds and indebtedness, under the new boundary descriptions. Also, I wish to advise you, that a vote was had, and it was unanimous on both Boards of Fire Commissioners, and they have approved this Petitin- It now remains to have a majority of tonight's combined, two Town Boards, sitting as a joint Boar, at a Public Hearing, to vote and approve the Resol- ution and Application. Copies of the Resolution have been distributed to the Town Clerks. SUPERVISOR DIEHL: Thank you. For the record, that was Russell F. Aldrich, Attorney At Law, speaking. Mrs. Snowden, you have the Resolution before you? MRS. SNOWDEN: Yes, sir. SUPERVISOR DIEHL: Would you please read the Resolution? MRS. SNOWDEN: Yes, sir. "Minutes of Special Joint Meeting of the Town Boards of the Towns of Wappinger and Fish kill, both of the County of Dutchess, State o' New York, held pursuant to Article 11, Sectio. 172-a of the Town Law of the State of New Yor' "Whereas, there was duly presented to t}i Town Boards of the Towns of Wappinger and Pis kill, Dutchess County, New York, each and bot of them, a written petition, dated and acknow ledged on the 9th day of July, 1975, by the Board of Fire Commissioners of the Hughsonvi Fire District, situate in the Town of Wapping Dutchess County, New York, and by the Board Fire Commissioners of the Chelsea Fire Distri_ situate in the Towns of Wappinger and Fishkill, Dutchess County, New York, requesting the Town Boards of the Towns of Wappinger and Fishkill, each and both of them, to take such steps as may be necessary, pursuant to law, and in part- icular Article 11, Section 172—a of the Town Law, to permit, allow and effectuate the alter- ation of the boundaries of the respective fire districts in the manner set forth in said written petition, and that the said Town Board:,. acting jointly, make and effect the same, and alter the boundaries of said petitioning Fire Districts in accordance with.the petition file with said Town Boards, but not in such a mannel as to include territory not previously situate within such Fire Districts, nor to exclude territory previously situate therein, which F;--1. written petition was signed by a majority of the members of the Board of Fire Commissioners of each Fire District, and acknowledged in thc same manner as a deed to be recorded; and "Whereas, said petition, filed as aforesaid with each of said Townships, reques! each and both of said Town Boards to alter t.11. boundaries of the respective Fire Districts manner following, to wit: "That portion of the existing common boundary line of the said two fire distric which extends from the easterly line of Route 9-D on the east to the easterly bank of the Hudson River on the west shall be relocated along the following described line, which said line shall henceforth be the said common boundary line, and all lands north of said following described line shall henceforth be included in Hughsonville Fire District and all lands south of said following described line shall henceforth be included in Chelsea Fire District. The proposed new common boundary line is described as follows: "Beginning at a point on the east side of Route 9-D, where an existing fir, district sign marks the point where the existing fire district boundary line crosses said Route 9-D, and running then along the said easterly side of Route 9- S 38° 08' 20" W 454.06 feet to a point that is distant S 74° 11' 42" W 62.40 fc from Central Hudson Gas and Electric Corporation Pole #59502; thence generally westerly generally along the line of said utility's poles and through its right of way S 74° 11' 42" W 1000.44 feet, S 83° 56' 42" W 1032.68 Feet, N 48° 13' 18" W 1948.95 feet, and N 30° 11' 18" W 1222.'31 feet more or less to the easterly bank of the Hudson River,"; and Whereas, a notice in due form, containing a description of the proposed new boundary linc, as aforesaid, together with other material, specifying the time when and the place where tH: Town Boards of the Towns of Wappinger and Fish kill, acting jointly, would meet to consider the aforesaid written petition, and hear all sons interested in the subject matter concernir! the same, was duly published and posted as required by law; and "Whereas, pursuant to such notice, a pub1H. hearing was duly held by said Town Boards, acting jointly, at which a majority of the mer:,- bers of each of such Town Boards was present and voting, on the 22nd day of September, 197-_, at 7:30 o'clock in the afternoon thereof, Eastern Daylight Savings Time, at the Town Hal, of the Town of Wappinger, Mill Street, Village of Wappingers Falls, Dutchess County, New York, and "Whereas, all persons interested who desir• to be heard, were heard, and due deliberation having been had, "Now, upon the evidence given at such public hearing and on the motion of . . • I seconded by . . . , it is "Resolved and determined, pursuant to Article 11, Section 172-a of the Town Law of the State of New York, the petition, aforesai0, was duly filed with the Town Clerks of the To; of Wappinger and Fishkill, Dutchess County, Ne: York, and the same was a written petition of the Board of Fire Commissioners of the Hughso.n ville Fire District and the Chelsea Fire Dist- rict, they being the districts affected by thi resolution, and signed by a majority of the members of the Board'of Fire Commissioners of each said Fire District, and acknowledged in the same manner as a deed to be recorded, and notice of a Public Hearing upon such written petition was duly published and posted, as required by law, and thereafter, and on the 22nd day of September, 1975, at 7:30 o'clock Easter Daylight Savings Time, a Public Hearing was had thereon, and all persons in favor and opposed to the prayer for relief requested in said petition having been heard, and it appear- ing that the alteration of boundaries of the Hughsonville Fire District and the Chelsea Fire District shall not be done in such a mann, - as to include territory not previously situate within such District, nor to exclude territory previously situate therein, and that said noti( of Public Hearing also, among other things, specified that each district affected and stat- in general terms the manner in which it is pro- posed to alter the boundaries thereof, and thf same having been duly filed, together with an Affidavit of Publication thereof, showing publ cation of the same, as required by law, and it appearing that no part of the territory, or 1,-1,-. affected by the alteration of boundaries is situate in the territorial confines of any Incorporated Village or City, and further, thil' in the event the boundaries of either of the said Fired Districts, or both of them, have an indebtedness, either bonded or temporary, such v.^ 2 I; districts shall continue, in law, as existed immediately prior to any alteration or change of boundaries for the purpose of paying auch indebtedness, and shall be annually assessed and levied upon and collected from the taxable and real property within such district, as exist immediately prior to such alteration of boundar and in the same nanner, at the same time, and the same officers as town taxes are assessed, levied and collected, a sum sufficient to pay any indebtedness and interest thereon as the same shall become due, and further, all and onl_ the real property within the boundaries of the district aseach of the same may exist after th,-, alteration thereof, shall be liable for the pay- ment of indebtedness, if any, incurred for the purposes of such district after such alteration, and that it is in the public interest to grant whole the relief sought in the written petitior filed as aforesaid; and it is further "Resolved, that the joint Town Boards of the Towns of Wappinger and Fishkill in all respects approve the establishment of the altel ations of boundaries between the Hughsonville Fire District and the Chelsea Fire District, by both of the County of Dutchess and the State of New York, which same shall henceforth have a boundary, or part thereof, as is hereinafter described, to wit: "That portion of the existing common boundary line of the said two fire distric': which extends from the easterly line of Route 9-D on the east to the easterly ban of the Hudson River on the west shall be relocated along the following described line, which said line shall henceforth be the said common boundary line, and all Ian' north of said following described line sha henceforth be included in Hughsonville Fir District, and all lands south of said following described line shall henceforth be included in Chelsea Fire District. Tb - proposed new common boundary line is des- cribed as follows: "Beginning at a point on the east side of Route 9-D, where an existing fire district sign marks the point where the existing fire district boundary line crosses said Route 9-D, and running thenc, along the said easterly side of Route 9-0 S38° 08' 20" W 454.06 feet to a point that is distant S 74° 11' 42" W 62.40 feet fro;1 Central Hudson Gas and Electric Corporation Pole #59502; thence generally westerly, generally along the line of said utility' poles and through its right of way S 74° 11' 42" W 1000.44 feet, S 83° 56' 42" W 1032.68 feet, N 48° 13' 18" W 1948.95 feet, and N 30° 11' 18" W 1222.60 feet more or less to the easterly bank of the Hudson River."; and it is further "ResOlved,the Town Clerks of the Towns or Wappinger and Fishkill, or either of them, sha cause a certified copy of this Resolution, adopted at a joint meeting of the Town Boards the Towns of Wappinger and Fishkill, to be dul recorded in the Office of the Clerk of the County of Dutchess, and shall also, within ten days from the adoption hereof, cause a certif- ied copy of this resolution to be filed in thr, State Department of Audit and Control, at Albany, New York; and it is further "Resolved, the prayer contained in the petition is hereby in all respects granted anr' the boundary between the Hughsonville Fire District and the Chelsea Fire District, is amended, altered and changed in accordance with said writtenpetition, effective immediately." SUPERVISOR DIEHL: Thank you, Mrs. Snowden; I will now ask for questions, or objections, from the audience. As I am sure you people are,. I am a bit confused from the reading, of the descriptions as read, but I do under- stand it, and I have it in front of me, so I will understand if there are questions concerning the borders and boundaries. This Public Hearing is now opened to the public for your comments in favor or against the changes in boundaries. I will say, that I think it is the opinion of the Boards and its members here, and it is the recommendation of the Commissioners of both Fire Districts, that this be adopted. I believe that we are all in favor of this. Are there any persons in the audience who wish to speak out, for or against? If not -- UNIDENTIFIED SPEAKER: I think all those present, here, are on the Commissioners' Boards, and of course, favor this. SUPERVISOR DIEHL: If there are no objections, questions, or staL ments, I will entertain a motion, then, from the Board of the Town of Fishkill, or the Town of Wappinger, that this Resolution be adopted. SUPERVISOR MULLER: I will move that the Resolution, as read, be adopted. SUPERVISOR DIEHL: Moved by Supervisor Muller of the Town of Fishkill. Is there a second from the Town of Wappinger? COUNCILMAN JENSEN: Second. SUPERVISOR DIEHL: Seconded by Wappinger Councilman Jensen. Roll call vote, Mrs. Snowden? MRS. SNOWDEN: Supervisor Diehl? SUPERVISOR DIEHL: Yes. MRS. SNOWDEN: Councilman Jensen? COUNCILMAN JENSEN: Yes. MRS. SNOWDEN: Councilman Versace? COUNCILMAN VERSACE: Yes. SUPERVISOR DIEHL: Roll call vote for the Town of Fishkill, Mrs. Beckett? MRS. BECKETT: Supervisor Muller? SUPERVISOR MULLER: Yes. MRS. BECKETT: Councilman Romagnoni? COUNCILMAN ROMAGNONI: Yes. MRS. BECKETT: Councilman Hennebery? COUNCILMAN HENNEBERY: Yes. SUPERVISOR DIEHL: Declare the vote to be unanimous. A Motion will_ be entertained to close this Public Hearing. COUNCILMAN HENNEBERY: If there's no more business to come before both Boards, jointly, so moved. SUPERVISOR DIEHL: Motion by Fishkill Councilman Hennebery. Is there a second? COUNCILMAN VERSACE: Second. SUPERVISOR DIEHL: Seconded by Wappinger Councilman Versace. All in favor? [VOICE VOTE TAKEN, INDICATING UNANIMOUSLY IN FAVOR OF CLOSING THE PUBLIC HEARING.] SUPERVISOR DIEHL: This Public Hearing is declared closed. [7:50 P. M. PUBLIC HEARING CONCLUDED.] -000oo- CERTIFICATI 0 N STATE OF NEW YORK ) ss: DUTCHESS COUNTY ) I, PHILIP E. STILLERMAN, a stenotype reporter do hereby certify, that the foregoing town hearing was held at the Town of Wappinger, Town Hall, Mill Street, Village of Wappingers Falls, County of Dutchess, State of New Yorl-, 1 in the matter of The Application of the IIUGHSONVILLE FIRE DISTRICT and the CHELSEA FIRE DISTRICT for Leave to Alter the Boundaries of Each Respective Fire District, on Monday September 22nd, 1975 at 7:30 o'clock p. m., and that I faithfully and impartially recorded, stenographically, the questions, answers and colloquy. I further certify, that after said hearing was recor-'- ed it was reduced, by me, to typewriting, and I hereby submit that the within is a true and accurate transcript of my stenographic minutes, to the best of my ability. I further certify, that I am not a relative of, nor an attorney for, any of the parties connected with the aforesaid hearing, nor otherwise interested in the test- imony of the witnesses. PHILIP E. STILLERMAN Hearing Reporter | | i