1978-06-20 SPM780
A Special Meeting of the Town Board of the Town of Wappinger
was held on June 20, 1978 at the Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York.
Notice of said meeting was mailed to each Board member on June
16, 1978 calling the meeting for 7:30 P.M. on June 20, 1978,
for the purpose of considering the adoption of a proposed Wappinger
Sewer Improvement *IV and any other business that may come before
the Board. Notices were also given to the three newspapers and
four radio stations and a notice was posted on the Town Clerk's
Bulletin Board on June 16, 1978.
Supervisor Diehl called the meeting to order at 7:30 P.M.
Present:
Louis Diehl._ Supervisor
Nicholas Johnson, Councilman'
Leif Jensen, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Elaine H. Snowden, Town Clerk
The following resolution .was offered by Councilman JOHNSON,who
moved its adoption:
A RESOLUTION AUTHORIZING THE ISSUANCE OF $22,000 SERIAL
BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW
YORK, TO PAY THE COST OF CONSTRUCTION OF A SEWER
IMPROVEMENT IN AND FOR THE TOWN OF WAPPINGER SEWER
IMPROVEMENT NO. IV IN SAID TOWN.
WHEREAS, pursuant to proceedings heretoforehheidaAddt,6151ken
in accordance with the provisions of Article 12C of the Town
Law and more particulary a resolution dated June 20, 1978, the
Town Board of the Town of Wappinger, Dutchess County, New York,
has determined that it is in the public interest to construct
the sewer improvement hereinafter described in and for the area
known as Town of Wappinger Sewer Improvement No. IV in said
Town; and
WHEREAS, no approval of the State Comptroller is required
for this project since the maximum estimated cost is less than
one-tenth of one per centum of the assessed valuation of taxable
property in said Town; and
WHEREAS, it is now desired to provide for the financing of
said sewer improvement in accordance with said proceedings; NCW,
THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Wappinger, Dutchess
County, New York, as,follows:
Section 1. The specific object or purpose of the Town of
Wappinger, Dutchess County, New York, for which the serial bonds
herein authorized are to be issued is the construction of a sewer
improvement in and for the area known as Town of Wappinger Sewer
Improvement No. IV, to consist of improvements to the Mid -Point
Park sewer treatment plant consisting of improvements to the
final clarifier by replacement of the collector gear drive, drive
chain and drive sprocket, and the refurbishing of sand filters,
including machinery, apparatus and equipment necessary therefor,
substantially in accordance with the map, plan and estimate of cost
heretofore prepared and filed in connection therewith.
y 181
Section 2. The maximum estimated cost of such specific
object or purpose is $22,000, and the plan for the financing
thereof is by the issuance of $22,000, serial bonds of said Town,
hereby authorized to be issued pursuant to the local Finance
Law.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is forty years, pursuant to subdivision 4 of paragraph a o=f
Section 11.00 of the local Finance Law. It is hereby further
determined that the maximum maturity of the serial bonds herein
authorized will exceed five years.
Section 4. The faith and credit of said Town of Wappinger,
Dutchess County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such bonds as the
same respectively become due and payable. There shall annually
be apportioned and assessed upon the several lots and parcels
of land within said Town of Wappinger Sewer Improvement No. IV
subdivision, which the Town Board shall determine and specify
to be especially benefited by the improvement, an amount
sufficient to pay the principal of and interest on said bonds
as the same become due, but if not paid from such source, all
the taxable real property in said Town shall he subject to the
levy of ad valorem taxes without limitation as to rate or amount
sufficient to pay the principal of and interest on said bonds
as the same shall become due.
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, 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, consistent with the provisions of the Local Finance
Law.
Section 6. The validity :of such bonds and bond anticipa-
tion notes may contested only if:
1) Such obligations are authorized for an object or pur-
pose 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 publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in the Southern Dutchess News, the
official newspaper, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
Seconded by Mrs. Reilly.
Motion Unanimously Carried
Mr. Ryan requested the Board to authorize a loan of $12,000
from General Fund
Sewer Improvement
sale of the bonds
MR. JOHNSON moved
"owr Wide -to the Capital Fund-Wappinger
#IV to be paid back with interest upon the
& receipt of cash proceeds from the bond.
to authorize the Comptroller to transfer
$12,000 from General Fund Town Wide to Capital Fund-Wappinger
Sewer Improvement #IV and this sum will be paid back to General
Fund Town Wide account with interest upon the sale of bonds.
Seconded by Mrs. Reilly.
Motion Unanimously Carried
MR. JOHNSON moved to adjourn the meeting, seconded by MRS.
REILLY and unanimously carried.
The meeting adjourned at 7:46 P.M.
Spl.Meeting-6/20/78
oh,
Elaine H. S o d ,
Town Clerk
782
1'6'77
A Public Hearing was held by the Town Board of the Town of
Wappinger on the 20th day of June, 1978 on a Proposed Sewer Improve-
ment in the Town of Wappinger to be known as Wappinger Sewer Improve-
ment #IV, at the Town Hall, Mill Street, Village of Wappingers Falls,
Dutchess County, New York.
Supervisor Diehl opened the Public Hearing at 7:15 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Elaine Snowden, Town Clerk
Absent:
Leif Jensen, Councilman
Others Present:
Matthew Ryan, Comptroller
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized. Newspapers and radio stations
had been notified and notice was posted on the Town Clerk's Bulletin
Board.
A "Fact Sheet" was presented to the Board and the public listing
mandated improvements, the budget for the proposed Sewer Improvement
And a schedule showing Principal, Interest, Number of Benefit Units
and Benefit Assessments using 7% interest rate and a 20 year maturity
schedule.
Mr. Ryan stated that when we do go to bonding next month, it is very
likely the interest rate will be 5/%, but because of the shaky condi-
tion of the market, a 2% spread was advised. This fact could drop
the Benefit Assessment figure.
No one else spoke.
Mrs. Mills moved to close the Public Hearing, seconded by Mrs.
Reilly and carried.
The Hearing closed at 7:20 P.M.
Elaine H. Snowden
Tcwn Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
THE PROVIDING OF A PROPOSED SEWER
IMPROVEMENT IN THE TOWN OF
WAPPINGER, DUTCHESS COUNTY,
NEW YORK,PURSUANT TO ARTICLE 12c
OF THE TOWN LAW.
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
778
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 June 7th, 1978, your deponent posted a
copy of the attached notice of Public Hearing on a
proposed sewer improvement in the Town of Wappinger,
Dutchess County, New York, pursuant to Article 12c of
the Town Law, on the signboard maintained by your deponent
in her office in the Town Hall of the Town of Wappinger,
Mill Street, in the Village of Wappingers Falls, Town
of Wappinger, Dutchess County, New York.
Sworn to before me this
day of .0-0-4)e
, 1978.
StLet.,
Elaine H. Snowden
Town Clerk
Town of Wappinger
Notary Public
IN. anti 5. D.
NEWS
DISPLAY ADVERTISING
914-297-3723
84 EAST MAIN STREET - WAPPINGERS FALLS
yv
CLASSIFIED ADVERTISING
LEGAL NOTICE
At a special meetinrgg of the Town Board
of the Town of Wawinger,
pppin r Me These
LCounty, New York, Heid
Hall; in Wappingers Fells, New York, in
said Town, on the 5th day of June 1978, at
8:00 o'clock P.M. 'Eastern Daylight
Saving Time. -
PRESENT:
Louis D. Diehl, Supervisor
Leif Jensen Councilman
Nicholas Johnson, Councilman
Bernice Mills, Councilman
Jane, Reilly, Councilman- ••
In the Matter
. of. .
The Providing of a Proposed Sewer
Improvement in the Town of Wappinger.
Dutchess County.New York, pursuant to
Article 12C of thTown Law.
WHEREAS, a plan, report and map
have been duly prepared In such manner
and in such detail as has heretofore oeen
determined by the Town Board of the
Town of Wappinger, Dutch's' County,
New York, relating t0 the providing of a
proposed sanitary sewer Improvement
in said Town to be kneed as Town of
Wappinger Sewer Improvement No. IV;
and I ER EAS, said plan, report and map
have been prepared by Rudolf E. LePar,
competent engineers duly licensed by
the State of New York. and have been
filed in the office of the Town Clerk; and
WHEREAS, the boundaries of the
proposed benefited area determined f0
be benefited from said improvement are
as follows:
Description of Proposed
Mid Point Park Sewer
Improvement Area
Beginning at a point on the southerly
line of State Route 376, said point also
being the north easterly corner of the -
lands now or formerly of Gasser, Said
point also being the-norwest corner of
lot 5 Block "G ' the -north as laid down on a map
entitled "Mid•POint Park" on file In the
Dutchess County Clerk's Office as Map
No. 3332, thence in an easterly direction
along the southerly line of State Route
'76 South 60 degrees Sr 00" East 31.98
set to a point, said point being, the
ortheest corner of lot 5, Block 'G",
ience along the easterly line of lot 5
lock "G", the northerly lines of lots 3
nd 4 Block "G" and the westerly line of
1, Block "G" of filed Map No. 3332,
he following bearings and distances:
South 17 degrees 07' 10" West 159.25
feet
South 72 degrees 30' 30" East 112.29
feet
South 73 degrees 50' 50" East 109.35
f North 9degrees 51' 30" East 114.07 feet
to a point on the southerly line of State
Route 376, said point bung the north
west corner of lot 1 Block "G", thence in
an easterly direction along the southerly
line of State Route -376, the following .
bearings and distances:
South 70 degrees 29' 10" East 23.20 feet
North 90 degrees 38' 30' East 84.54 feet
North 75 degrees 22' 40" East 53.66 feet
to a point, said point being the northwest
corner of the lands now or formerly of
Steele thence along the westerly,
southerly, and easterly lines of the lands
low or formerly of Stoehr, the following
)earings and distances:
A curve concave to the left radius of 25
feet length of 42.49 feet,
South 22 degrees 00'00" East 159.59
feet
A curve concave to the right, radius of
200 feet length of 114.33 fe'f,
North 55 degrees 10'00' East 424.18
Ieet
North 30 degrees 5040' West 199.83
to a point on the southerly side of State
Route 376, said point also being the
northwest eryaalluthn
encstllorgthesoety I e
N State
Route 376 North 59 degrees
13'20" East 210.00 feet. hence along the
h'laly,fwnyeoeasterly
es stndog hfollowing bei ig
and distances:
South 30 degrees 50'40" East 164.94
feet
orth 59 degrees 07'10" East 115.03
feet
North 30 degrees 53'00' West 184.91
1.e1
point do the southerly line of State
to 376, said point also being the
heart corner Of the Janda- now or
nerly of Wing: thence easterly along
thinly line of the Stale Route 376,
tir
9 rees 0000" East 50.00 het to
n, said point being' the northwest
:orner 0f the lands now or formerly
Bitting; thence in a southerly diirrech n
11o,g the easterly line of formerly
Emil
an' (now Top•O•14111 RO.d)
.ane
Deering' and distances:
ceS} uth 30 degrees 5370' East leen
South 30 degrees 5410' East 127.21
«Sour 14 degrees 09'10" East 208.00
o 0 paint, said' point being the northwest
order of lot 1, Block "A" Of said filed
Aep No. 3332; thence Meng the nOrMerly
me of lot 1, Block "A" end the easterl
nes of lots 1, 2, 3. 4, 5, 6 and 7 Block "A"
rossing a future road and continuing
long the easterly boundaries oe sot 9, 9
0, 11, 12, 13.14, 15 and 16 Clock "A" 1 .
following bearings and distances: �.
North 72 degrees 07'30' East 2011.95
feet South 12 degrees 3310' East 239.34
feet
South -12 degrees 06'50` East 228.44 '
feet
South, 12 degrees 19'50" East 360.59 •
South 13 degrees 38'40' East. 230.90
f South 13 degrees 34'10" East 198.60
feet
South 14 degrees 49'50' East- 200.00.
feel
South -12 degrees' 1S'10' East 270.39
feet
to a point, said point beithe southeast
corner of lot 16 Block "A." on filed Map
No. 3332; thence; along the southerly
line of lot 16 Bleck. "A', crossing for.
merly, Emil Lane now TOp-0•Hlll Road,
continuing along the southern line of lots
1, 32, 33, 34, 35, 36. 37: 38, 39, 40, 41, 42 43
-and 44 Block "B" the f0110W1119 bearings
and distances:
S uth 74 degrees 4S' 20" West 247.24.
feet
feet uth 76 -degrees 20' 40" West 496.20 , -
South 76 degrees 10' 00" West 390.33
feet
South 76 degrees 24' 30" West 308.29
feet
South 76 degrees 29' 00" West 733.02
feel
to -a point, said point beinngq the southwest
corner of lot 44, Block "B" thence in a
northerly direction along the westerly
lines lot 45, across a future road, lot 46,
lot 47, lot 48 and lot 49, Block 'B",
of the
Sewage Disaposal and Water the westerly
Works Area
and lot 11, Block "C" the following'
bearings and distances:
North 13 degrees 31' 10v ,West 234.22
feet .
North 12 degrees Al' 50" West 474.99
feet
North 16 degrees 07' 30" West 271.33
feet
North 13 degrees 07' 40" West 690.59
feet
North 13 degrees 37' 50" West 193.06
feet and
North 11 degrees 49' 30" West 129.41
to to point,thence along the nor- •,
thwesterly lines of lots 11, 10 and 9
"Block G," and the norther) lines of lot
9, 8, 7 and 6 Block "G" the following
bearings and distances:
North 44 degrees 56' 00' East 370.04
feet and '
South 79 degrees 06' 40". East 415.27
feet
to a point, said point being the southeast
corner of the lands, now or formerly of
Gasser, thence in a northerly direction
along the easterly line of the lands of
Gasser, North 19 degrees 24' 40" East
300.51 feet to the point or place Of
beginning.. ,and
i
WHEREAS, the improvemints
proposed consist of improvements t0 the
MPoint Park sewer treatmentplant
consisting of improvements t0 me final
clarifier by the replacement of the -
collector gear drive, drive chain and
drive sprocket, and the refurbishing of
sand filters,- including machinery, ap-
paratus and equipment necessary
therefor. all as more fully described in
the aforesaid plan, report and map; and
WHEREAS, the maximum amount
proposed to be expended for such Im-
provament Is 122,000 and the proposed '
method of financing to be employed
consists of the Issuance of serial bonds of
said Town of Wappinger to mature in
annual installments over a period not
-exceeding forty years, such bonds to be
payable from assessments uplift and
collected from the several lots and
parcels of land deemed benefited from
said improvement and located In the
aforesaid benefited area, so much upon
and from each as shall be 311 lust
proportion to the amount of the benefit
which the Improvement shall confer
upon the same: and
WMER EAS, said Wan, report and Map
argon file in the office of the Town Clerk'
of the Town of WeOPinger ter public
inspection: and
WHEREAS. it Is now desired to call a
public hearing for the purpose of cert.
te Mir sled epencn%Interesstted In and
subl•ct thereof end concerning the
same, all in accordance with the
ratguidons of Section 209q of the Town
NOW ORDERED, Rby the EFORTeenlBeard o1 the
Town of Wappinger Dutchess County,
New York, as follows:
Section 1. A public hearing will be Mkt
at Town Nall, Mill Street, In said 'Teen
on Ilk 20th day of June, 1978, at 7:00
O'clock P.M., Eastern Daylight Saving
Time, tO consider tiso aforesaid plan,
report and map and to hear all persons
interested in the subject thereof and
caverning the same end to take such-
e ction thereon as is required by law. _-
Section
Section 2. The Town Clerk of the Town.
of Wappinger, is herroebpyy authorised • and
be
directed-fp
lisMd onccausee In Me Wappof this rder 11n0p01er' &
ppSoou�thern butches* News, and nlso ee--
board maintained opy hby the eef on the
Town lose
than ten nor more than twelfth d."
Oeaigned tenlhrhaer'-
as af01,0.1d, all in aecordahler with
pprrovisions of Section 209q of.;tlN,T
LaSection 3711111 order
immedla . ' "
The ion 01 -
}Crediting arch waadnftlt .
roll cal, which reauter t oro
CoAT
unethee i uncil/nee' INGAY
COIMICi6Mnlan AY
Cones clfee nese y NQ -AY
i
AFFIDAVIT OF PUBLICATION
State of New York.
County of Dutchess.
'Town of Wappinger.
'6" 7 J
' Beatrice Osten .of the
Town of Wappinger. •Dutchess County. New Yak.
beth duly y sworn, says that he 1s f aI .1:11. itth�Cnd £t the several
times hereinafter was. tee .. • • ...
sad published ,
W. & S.D. NEWS. a newspaper printed
every Thursday in the year in the Town of Wappinger'
Dutchess County. New York. and that the annexed
NOTICE was duly published In the said newspaper
for
....9'Y.. week successively ..... 4: ; U1 each a err` week
commencing on the... +.�;1.. •day of.....
19.7. S and on the following dates thereafter, namely on
... ............... ...:attl.day of............. .....
and ending on the....
19.7.c. both days inclusive.
Subscribed and sworn to before ane JRAOr , 19. •7S
this....... 7 t.4 .. • . day of........
My commission expires
Notary Public
NOTARYS`:+;E CF NEW YORK
QUAL:FIE:) I:: 7iT:;i;ZSS COUNTY
414-S240760 (+6
COMMISSION EXPIRES MARCH 34.18S6
*