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1978-06-05 SPMPRESENT: Louis D. Diehl Supervisor Leif Jensen Councilman Nicholas Johnson Councilman Bernice Mills Councilman Janet Reilly Councilman 9823-G 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 5th -day of June 1978, at 8:00 ' o'clock P.M. Eastern Daylight Saving Time. In the Matter i of km4 The Providing of a Proposed Sewer Improvement in the Town of Wappinger, Dutchess County, New York, pursuant to Article 12C of the Town Law. WHEREAS, a plan, report and map have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Hoard of the Town of Wappinger, Dutchess County, New York, relating to the providing of a proposed sanitary sewer improvement in said Town to be known as Town of Wappinger Sewer Improvement No. IV; and WHEREAS, said plan, report and map have been prepared by Rudolf E. Lagar, competent engineers duly licensed by the Spate of New York and have been filed in the office of the Town Clerk; and WHEREAS, the boundaries of the proposed benefited area determined to be .benefited from said improvement are as follows: See Schedule A attached hereto -2 -- and WHEREAS, the improvements proposed consist of improvements to the Mid -Point Park sewer treatment plant consisting of improvements to the final clarifier by the replacement of thecollector gear drive, drive chain and drive sprocket, and the refurbishing of sand filters, including machinery, apparatus 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 improVemed is $22,000 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 upon 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 in just proportion to the amount of the benefit which the improvement shall confer upon the same; and WHEREAS, said plan, report and map are on file in the office of the Town Clerk of the Town of Wappinger for public inspection; and WHEREAS, it is now desired to call a public hearing for the purpose of considering said plan, report and map and to hear all persons interested in the subject thereof and concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; NOW THEREFORE IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public hearing will be held at Town Hall, Mill Street, in said Town, on the 20th day of June , 1978, at 7:00 o'clock P.M. Eastern Daylight Saving Time, to consider the aforesaid plan, report and map and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law. 4h.# 460 C Section 2. The Town Clerk of the Town of Wappinger, is hereby authorized and directed to cause a copy of this order to be published once in the Wappinger & Southern , and also to post a copy thereof on the Town Dutchess News signboard maintained by the Clerk, not less than then ten nor more than twenty days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: Councilman Jensen Councilman Johnson Councilwoman Mills Councilwoman Reilly Supervisor Diehl VOTING VOTING VOTING VOTING VOTING The order was thereupon declared duly adopted. AYE AYE AYE AYE AYE • P39 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 north west corner of lot 5 Block "G as laid down on a map entitled "Mid -Point Park" on file in the Dutchess County Clerk's Office as Map #3332, thence in an easterly direction along the south- erly line of State Route 376 South60°54'00" East 31.98 feet to a point, said Point being the northeast corner of lot 50lock "G", thence along the easterly line of lot 5 Block northerly lines of lots 3 and 4 Block "G" and the westerly line of lot 1., Block "G" of filed Map #3332, the following bearings and distances: South 17°07'10" West 158.25 feet South 72°30'30" East 112.29 feet South 73°50'50" East 109.35 feet North 9° 51'30" East 114.07 feet to a point on the southerly line of State Route 376, said pbint being 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°29'10" East 23.20 feet North 80°38'30" East 84.54 feet North 75°2240" 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 now or formerly of Steele, the following bearings and distances: A curve concave to the left radius of 25 feet length of 42.49 feet, South 22°00'00" East 159.59 feet • .10 A curve concave to the right, radius of 200 feet length of 114.33 feet, North 55°10'00" East 424.18 feet North 30°50'40" West 199.22 feet to a point on the southerly side of State Route 376, said point also being the northwest corner of lot 1, Block "E", thence easterly along the southerly line of State Roube 376 North 59°13'20" East 210.00 feet, thence along the westerN southerly and easterly lines of the lands of Wing the folio;- ing bearings and distances: South 30°50'40" East 184.94 feet North 59°07'10" East 115.03 feet North .30053'00" West 184.91 feet to a point on the southerly line of State Route 376, said point also being the northeast corner of the lands now or formerly of Wing; thence easterly along the southerly line of the State Route 376, North 59°08'00" East 50.00 feet to a point, said point being the northwest corner of the lands now or former- ly Bitting; thence in a southerly direction along the easterly line of formerly Emil Lane (now Top -O -Hill Road) the following bearings and distances: South 30053'30" East 199.76 feet South 30054'10" East 127.21 feet South 14°09'10" East 208.00 feet to a point, said point being the northwest corner of lot 1, Block "A", of said filed Map #33321 thence along the northerly lime of lot 1, Block "A" and the easterly lines of lots, 1,2,3, 4,5,6 and 7 Block "A" crossing a future road and continuing along the easterly boundaries of lot 8, 9,10,11,12,13,14,15 and 16 Block "A" the following bearings and distances: North 72°07'30" East 208.95 feet South 12°33'20" East 239.34 feet South 12°06'50" East 228.44 feet South 12°19'50 East 360.59 feet South 13038'40" East 230.90 feet 2 741 South 13°34'10" South 14°49'50" South 12°15'10" East 198.60 feet East 200.00 feet East 270.39 feet to a point, said point being the southeast corner of lot 16 Block "A" od filed Map #3332; thence; along the southerly line of lot 16 Block "A", crossing formerly, Emil Lane now Top -O H ill Road, continuing along the southern line of lots 1,32,33,34, 35,36,37,33,39,40,41,42,43 an "_-'_ Block "3" the following .bear- ings and distances: South 74°45'20" South 76°2040" South 76°10'00" South 76°24'30" South 76°29'00" West 247.24 feet West 496.20 feet West 380.33 feet West 308.29 feet West 733.02 feet 1 to a point, said point being 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", continuing along the westerly lines of the Sewage Disposal and Water Works Area and lot 11, Block "C" the following bearings and distances: North North North North North North 13°31'10" 12°41'50" 16°07'30" 13°07'40" 13°37'50" 11°49'30" West West West West West West 234.22 feet 474.99 feet 271.33 feet 690.59 feet 193.08 feet and 129.41 feet to a point, thence along the northwesterly lines of lots 11,10 and 9 'r'3lcgck G," and the northerly lines of lots 9,8,7 and 6 Block "G" the following bearings and distances: North 44°56'00" East 370.84 feet and South 79°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°24'40" East 30.51 feet to the point or place of beginning. X42 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 foregoing copy of the minutes of the special meeting of the Town Board of said Town, including the order contained therein, held on th9 5th day of June . , 19.78 • with the original thereof on file in my office, and that the same is a true and correct copy of said original 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 and that, pursuant to Section 99 of. the Public Officers Law (Open Meetings Law), said meeting was open to the general public and that I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: Newspapers and/or other news media Date given Poughkeepsie Journal, Evening News, May 25, 1978 Wappinger Southern Dutchess News, Radio Stations WHPN, WKIP, WBNR, WEOK 1460 and that further notice of the time and place of such meeting was given to the public by posting such notice in the following places on the following dates and by giving such other notice as follows: Town Clerk's Bulletin Board May 23, 1978 743 Location of Other method of posted notice giving notice Town Clerk's Bulletin Board Mill Street, Wappingers Falls, N.Y. Date given May 23, 1978 1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this 8th • ,(CORPORATE ' , ) SEAL') t()J1 day of June , 1978 7j Town Clerk %Ai) 733 A Special Meeting of the Town Board of the Town of Wappinger was held on June 5, 1978, at the Town Hall, Mill Street, Wappingers Falls, New York. Notice of said meeting was mailed to each Board member on May 26, 1978, calling the meeting for 8:00 P. M., June 5, 1978, for the purpose of setting a Public Hearing on proposed Sewer Improvements to Mid -Point Sewer Improvement Area and any other business that may properly come before the Board. Notices were also given of said meeting to the Poughkeepsie Journal, Southern Dutchess News (W&SD News), and the Beacon Evening news, and Radio Stations, WBNR, WHPN, WEOK, and WKIP, and a notice was posted on the Town Clerk's Bulletin Board on May 26, 1978. Supervisor Diehl called the meeting to order at 8:12 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Matthew Ryan, Comptroller Mr. Diehl explained that when this Public Hearing was advertised previously, it was done in brief form, but bonding requires that the whole Order must be published. The following Order 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 was offered by Councilwoman Mills, who moved its adoption, seconded by Council- man Johnson and, upon Roll Call Vote, unanimously adopted. The text in full of the Order 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 is attached hereto and made part hereof of the minutes of this meeting. A Public Hearing was set for June 20, 1978 at 7:00 P.M. 734 The following letter was received from Mr. Ryan: June 5, 1978 Town Board Members Town of Wappinger Dear Board Members: Please authorize a loan of $30,000.00 from the General Fund Town -Wide to the General Fund Part -Town. This will enable the department to pay the next three (3) payrolls, the New York State Employees Retirement bill (due 6/15) of $57,000.00 and our current bills. This situation is seasonal and is brought about due to the following reasons: MWR/db 1) State Aid is due 7/15/78 2) Tri payment of Real Property Taxes has slowed collection (only 81% of taxes have been paid as of this date).. 3) Most of our large bills are due early in the year such as Insurance, Retirement, etc. Very truly yours, s/Matthew W. Ryan Comptroller Town of Wappinger MR. JOHNSON moved that the transfer of $30,000.00 be approved from General Fund Town -Wide to General Fund Part -Town, as per request of Mr. Ryan. Seconded by Mrs. Reilly Motion Unanimously Carried Mrs. MILLS, on behalf of the Town Board, welcomed the Town Clerk back and wished her good health (she had been hospitalized) and commended Mrs. Ruit for the job she did in the Town Clerk's absence. Mrs. Ruit thanked the Board and commented that no one could deny she had a good teacher. Mrs. Snowden thanked everyone and said she was happy to be back. Mr. Ryan had submitted a maturity schedule on bonding for the Wappinger Sewer #IV to the Town Board and asked for a vote, at this time on the length of bond. MR. JOHNSON moved that payment of the bond be made over a period of ten years on Wappinger Sewer Seconded by Mrs. Mills Roll Call Vote: 2 Ayes Louis Diehl ---Nay Mr.Jensen---Nay Mrs. Reilly ---Nay I grovement #IV. Motion failed MR. DIEHL moved that payment of the bond be made over a period of 20 years on Wappinger Sewer Improvement #IV. Seconded by Mrs. Reilly. Roll Call Vote: 3 Ayes Louis Diehl ---Aye Leif Jensen ---Aye Janet Reilly ---Aye Nicholas Johnson ---Nay Bernice Mills ---Nay Motion Carried MR. JENSEN moved that bonding on Hunter Creek Drainage, Mid -Point Drainage, Wappinger Sewer Improvement #I, Tall Trees Water Improve- ment District and Ardmore Hills Water Improvement Area be paid over a period of 20 years and Mr. Ryan be directed to prepare the nec- cessary papers for bonding. Seconded by Mrs. Reilly. Roll Call Vote 4 Ayes Bernice Mills ---Nay Motion Carried MR. JOHNSON moved to adjourn the meeting, seconded by Mrs. MILLS and Unanimously Carried. The meeting adjourned at 8:42 P.M. SplMeeting-June 5, 1978 Elaine H. Snowden Town Clerk 735