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1974-12-23 SPM419 A Special Meeting of the Town Board of the Town of Wappinger, was held on December 23, 1974, at the Town Hall, Mill Street, Wappingers Falls, New York. Notice of said meeting was mailed to each Board member on December 20, 1974, calling the meeting for December 23, 1974 at 8:00 P.M. at the Town Hall, for the purpose of any business that may properly come before the Board. Supervisor Diehl opened the meeting at 10:02 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Stephen Saland, Councilman Frank Versace, Councilman Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town The following resolution was offered by COUNCILMAN SALAND, who moved its adoption: IN THE MATTER OF THE ESTABLISHMENT OF THE TOWN OF WAPPINGER SEWER IMPROVEMENT NO. II IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12c OF THE TOWN LAW. WHEREAS, a map, plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger relating to the estab- lishement of a proposed Sewer Improvement Area to be known as the Town of Wappinger Sewer Improvement No. II in the Town of Wappinger, Dutchess County, New York, pursuant to Article 12c of the Town Law, and WHEREAS, said map, plan and report have been duly filed in the Clerk's Office of the Town of Wappinger for public inspection, and WHEREAS, said map, plan and report were prepared by Rudolph E. Lapar, and Hayward & Pakan, competent engineers, duly licensed by the State of New York, showing the boundaries of the proposed Improvement Area and a general plan for the sewer system, and WHEREAS, the improvements proposed as set forth in said plan and report consist of sewer plant, sewer main, pumping stations, and associated facilities located in the Town of Wappinger, and WHEREAS, the Town Board of the Town of Wappinger did adopt an Order on or2about November 18, 1974, providing that on v 420 December 2nd, 1974, a public hearing would be held upon said map, plan and report at the Town Hall, Mill Street, Town of Wappinger, Dutchess County, New York, and WHEREAS, the said Order was duly posted and published and the public hearing was held on December 2nd, 1974 at 7:30 o'clock p.m., Eastern Standard Time, when several persons appeared and spoke upon said proposal, and WHEREAS, an amendment to said map, plan and report was made on December 9th, 1974, and the maximum amount to be expended was increased to $29,461,430.00, and WHEREAS, the Town Board adopted an Order on December 9th, 1974, providing that on December 23rd, 1974, another public hearing would be held at the Town Hall, Mill Street, Wappingers Falls, New York, at 7:30 o'clock p.m., Eastern Standard Time and WHEREAS, the said Order was duly posted and published and the public hearing was held on December 23, 1974 at 7:30 o'clock p.m. Eastern Standard Time and several persons spoke on said propo- sal, now, upon the evidence given at said hearing and upon motion of Councilman Stephen Saland, seconded by Councilman Louis C. Clausen, and passed, it is RESOLVED and determined that (a) the map, plan and report of Rudolph E. Lapar and Hayward & Pakan, Engineers, and the amendment thereto, duly complies with the Town Law requirements and is sufficient as to its description of the proposed improve- ments and costs thereof; (b) all the property and property owners within the proposed improvement area are benefited thereby; (c) all the property and property owners benefited are included with- in the limits of the proposed improvement area and (d) it is in the public interest to create the sewer improvement area; and it is further RESOLVED and determined that the establishment of a sewer improvement area be approved; that the improvements set forth on the map, plan and report be constructed or acquired and the service therein mentioned be provided for upon the required funds being made available or provided for; and that such improvement area shall be designated and known as the "Town of Wappinger Sewer Improvement No. II" and shall be bounded and described as follows: All that tract of land in the Town of Wappinger, Dutchess County, New York, bounded and described in Schedule "A" attached hereto and made part hereof, and, it is further RESOLVED and determined, that the proposed improvements, in- cluding the costs of rights-of-way, construction costs, legal fees and all other expenses shall be financed as follows: by a bond issue over a period not to exceed forty years, and it is further RESOLVED and determined that the maximum amount to be expend- ed for said improvement is $29,461,430.00, and it is further RESOLVED and determined that the aforesaid bonds which are to be issued, together with the interest thereon, are to be paid for in the first instance by assessments levied upon the several 3 kw lots or parcels of land within the improvement area as described aforesaid in just proportion to the amount of benefit which the improvements shall confer upon the lots or parcels within said improvement area; and it is further RESOLVED and determined that the Town Clerk shall, within ten (10) days after the adoption of this Resolution, file certi- fied copies hereof, in duplicate, in the office of the State Department of Audit and Control at Albany, New York, together with an application by this Board in duplicate, for permission to create the improvement area herein; and that such application shall be executed by and on behalf of the Town Board by the Supervisor of the Town, and it is further RESOLVED and determined that the Resolution shall take effect immediately upon its adoption and as provided by Town Law. APPENDIX "A" ALL that certain piece, plot 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: BEGINNING at a point in the center of the Hudson River, said point being the intersection of the Town of Wappinger, Town of Fishkill Town Line and the Orange County - Dutchess County„Line. Thence, northerly along the center line of the Hudson River 17,400+ feet to a point, which point is in the center of Wappinger Creek where it meets the Hudson River, said point also in the intersection of the Town of Poughkeepsie, Town of Wappinger Town Line; thence northeasterly along the center line of Wappinger Creek 8,300+ feet to a point, said point being on the southwest boundary of the Village of Wappingers Falls; thence southeasterly and northerly around the boundary line of the Village of Wappingers Falls and the Town of Wappinger 19,600+ feet to a point; said point being on the northerly boundary line of the Village of Wappingers Falls, said point also being the center line of Wappinger Creek; thence along the center line of Wappinger Creek 21,100+ feet to a point, said point being at the westerly most intersection of the Town of LaGrange, Town of Wapp- inger Town Line; thence easterly along the LaGrange-Wappinger Town Line 17,000+ feet to a point in the center of Sprout Creek, said point also being the point where the Towns of LaGrange, Wappinger and East Fishkill meet; thence southerly along the center line of Sprout Creek, which line is also the boundary between the Town of East Fishkill and the Town of Wappinger 38,700+ to a point, said point being the point where the Towns of East Fishkill, Wappinger and Fishkill meet; thence westerly along the Town of Wappinger, Town of Fishkill, Town Line 39,100+ feet to the point or plan of beginning. EXCEPTING the following: ALL that tract or parcel of land in the Town of Wappinger, County of Dutchess and State of New York: BEGINNING at a point in the most easterly corner of lot 8B, as shown on a map of "Dutchess Park, Section 4B", dated February 9, 1972, revised March 7, 1972, prepared by Burgess & Behr, P.C., v 422 Carmel, N.Y., and filed in the office of the County Clerk of Dutchess County on March 24, 1972; running thence from said POINT OF BEGINNING and along the northerly line of said Lot 8B of "Dutchess Park, Section 4B", along the Town Line (reputed) dividing the Town of Wappinger on the north and the Town of Fishkill on the south, and running along the northerly bounds of "Dutchess Park, Section 4B", along the northerly bounds of Brinkerhoff Watch Hill, Sections 3 and 4, and along other lands of the Grantor, North 85°57'56" West 2743.73 feet to a point in the line of lands now or formerly of Carlson; thence along lands now or formerly of Csrlson, the following courses and distances: North 34°31'50" East 192.90 feet North 56°02'20" East 97.57 feet North 60°26'40" East 123.98 feet North 55°27'20" East 185.16 feet South 25°19'30" East 82.36 feet South 78°22'30" East 97.01 feet South 75°53'00" East 126.73 feet South 79°20'30" East 358.71 feet South 88°55'50" East 25.29 feet North 48°14'30" East 362.64 feet North 61°36'40" East 442.05 feet and North 63°18'20" East 139.66 feet to lands now or formerly of Perry; thence along lands now or formerly of Perry and lands now or formerly of Rosenfeld, North 77°21'10" East 284.03 feet and North 76°04'30" East 60.68 feet to a point; thence through other lands of the Grantor, the following courses and distances: South 48°09'00" East 573.97 feet South 30056'57" East 163.80 feet South 19°57'30" East 125.00 feet South 46°31'22" East 55.90 feet South 19°57'30" East 242.47 feet South 64°29'00" West 136.83 feet and South 72°57'00" West 20.06 feet to the POINT OF BEGINNING. CONTAINING 33.468 Acres. Seconded by: Councilman Clausen Roll Call Vote: Councilman Clausen Aye Councilman Jensen Aye Councilman Saland Aye Councilman Jensen Aye Supervisor Diehl Aye SUPERVISOR DIEHL moved to authorize the Building Inspector to issue C.O's for Lots #72, 73, 74, 75, 76, 77, 78 and 79 in Spook Hill Estates, and Lot #2 for Exquisite Land Development Corp. as stated in letter from Jack Hill, Dutchess County Department of S Health to the Town Board dated December 23, 1974. Seconded by Councilman Clausen. Roll Call Vote: 5 Ayes MR. CLAUSEN moved that the Building Inspector be directed to write a survey letter to residents of Orchard Homes asking them if they intend to hook up to the sewer system within 60 days; also thof that the residents must be advised that they must obtain a road opening permit through the Highway Superintendent's Office, prior to hooking up to the sewer. Seconded by Mr. Saland. Roll Call Vote: 5 Ayes MR. CLAUSEN moved to hire Michael Petrus as a meter reader for Hilltop Water District at a fee of $.50 a meter. Seconded by Mr. Jensen Roll Call Vote: 5 Ayes MR. SALAND moved to adjourn the meeting, seconded by Mr. Clausen and unanimously carried. The meeting adjourned at 10:21 P.M. Elaine H. Snowden Town Clerk Spl. Mtg. 12/23/74 42:2 A Public Hearing was held by the Town Board of the Town of Wappinger on Monday, December 23, 1974 on the Establishment of Wappinger Sewer Improvement Area No. 2. Deputy Supervisor Clausen opened the Hearing at 7:45 P.M. Present: Louis Clausen, Deputy Supervisor Leif Jensen, Councilman Stephen Saland, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Absent: Louis Diehl, Supervisor Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town The Town Clerk offered for the record the Affidavit of Posting and Publication, duly signed and notarized by Paul Makowski of the Poughkeepsie Journal. (These Affidavits are attached hereto and made a part thereof of the minutes of this Hearing). Deputy Supervisor Clausen explained the reason they were having another Hearing so soon after the last one was to reword a resolution adding "aided portion plus unaided portion". The figures were correct. Mr. Lapar submitted a report to the Town Clerk which is on file in her office. The following people spoke: John Armstrong Jack Stillens Don Reilly Al Pope Mike Hirkala Jack Hill 4184 (There is a complete transcript on file in the Town Clerk's Office) The Hearing closed at 9:39 P.M. Elaine H. Snowden • Town Clerk