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1971-08-30 SPM47 A Special Meeting of the Town Board of the Town of Wappinger was held on Monday, August 30, 1971, at the Town Hall, Village of Wappingers Falls, County of Dutchess, New York. Supervisor Diehl opened the meeting at 8:00 "P.M. Present: Louis Diehl., Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Harry Holt, Councilman James Mills, Councilman Elaine H. Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town The Town Clerk stated that a petition had been filed with her on August 20, 1971, requesting that a referendum in the Matter of the Wildwood Sewer District, be held for the property owners in that district. ghe -then 'submittedthe foi"Low ng proposition to the Board: Shall the Wildwood$Sewer Disttrict be established pursuant to the Resolution of the Town Board of the Town of Wappinger dated July 21, 1971, providing for the approval of the map, plan and report covering the Wildwood Sewer District, which said map, plan and report provided for the financing of said district by the issuance of serial bonds in the sum not to exceed $412,500,00 to mature in annual installments over a peripd not to exceed thirty (30) years? Mr. Cornell stated that they could not set a date on a referendum tonight without a map and plan, and the Engineer must be appointed, also the map and plan must be paid for. It would be illegal and another waste of time by this Town Board. Mr. Rappleyea reiterated that a map, plan and report had been filed with the Town Clerk by Rudolph Lapar and he was thoroughly satisified that it was legal. Mr. Eck could not understand, why Mr. Cornell had presented this petition and was now trying to stop it. The Town Clerk read the following Resolution: The following Resolution was offered by MR. HOLT who moved its adoption: 4A A RESOLUTION CALLING A SPECIAL ELECtTION OF THE REAL PROPERTY OWNERS "WITHIN THE PROPOSED WILDWOOD SEWER DISTRICT AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, duly adopted a Resolution on July 21, 1971, after a public hearing, approving of a map; plan and report covering the establishment of the Wildwood Sewer District pur- suant to Article 12A of the Town Law and providing -for the cost of said district to be paid for by the issuance of serial bonds not to exceed $412,500.00 and maturing over a period not to exceed 30 years and providing that said Resolution was subject to a permissive referendum, and WHEREAS, there was filed with the Town Clerk of the Town of Wappinger a petition, upon forms provided by her, signed by at least 5% of the owners of real property as ,shown in the est completed assessment roll within said proposed distirct, and WHEREAS, the Town Clerk, Withthe advice of the Attorney to the Town has submitted to the Town Board, the proposition herein- after set forth in accordance with Section 92 of the Town Law; and `WHEIkEAS, it is now necessary to call a Special Election for the submission of said proposition to the qualified voters of said propoed. district; ,... NOW, THEREFORE, BE IT RESOLVED, by the rTown Board of the Town of Wappinger, as follows: Section 1: A Special Election of the qualified voters of the proposed Wildwood Sewer District shall be held on the 28th day of September, 1971, for the purpose of voting upon the proposition set forth herein. Voting shall be by machine and the polls at such election shall be kept open between the hours of 12 o'clock noon and 9:00 o'clock, P.M., Eastern Daylight Time. The place at which qualified voters shall vote are fixed as follows: 1. New Hackensack Fire House, Myers Corners Road, Town of Wappinger, Dutchess County, New York. Section 2: The Town Clerk of said Town is hereby authorized and directed to give notice of said election by publication in the W&SD News, the first publication of such notice to be made at least 10 days prior to the gime of such special election. In addition, the Town Clerk shall post or cause to be posted a copy of such notice on the Sign Board of the Town of Wappinger main- tained pursuant to Subdivision 6 of Section 30 of the Town Law at least 10 days prior to such election. Said notice shall be in substantially the 'following form - to wit: NOTICE OF A SPECIAL ELECTION NOTICE IS HEREBY GIVEN that a Special Election of the owners of real property as shown in the latest completed assessment roll within the proposed Wildwood Sewer District will be held in the New Hackensack Fire House, Myers Corners Road, Town of Wappinger, Dutchess County, Town of Wappinger, New York, on the 28th day of September, 1971, at which the polls will be kept open between the hours of 12 o'clock noon and 9:00 o'clock P.M. for the purpose of voting by machine upon the following proposition: 3 2 49 .. PROPOSITION Shall the Wildwood Sewer District be established pursuant to the Resolution of the Town Board of the Town of Wappinger dated July 21, 1971, providing for the approval of the map, plan and report covering the Wildwood Sewer District, which said map, plan and report provided for the financing of said district by the issuance of serial bonds in the sum not to exceed $412,500.00 to mature in annual installments over a period not to exceed thirty (30) years? A copy of said Resolution described in the aforesaid Proposition is on file in the office of the Town Clerk of said Town and may be examined by any interested person during business hours. A person shall be entitled to vote upon said Proposition provided he is the owner of real property in that portion of the Town set forth in the Resolution providing for the estab- lishment of said Wildwood Sewer District. A corporate owner shall be considered one owner and shall be entitled to one vote by an officer or agent of said owner or other duly author- ized person designated by Resolution of such corporation.. The qualified voters shall vote at the New Hackensack Fire House, Myers Corners Road, Town of Wappinger, New York. Seconded by: Mr. Finnan Resolution Duly Adopted 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN HOLT, who moved its adoption, seconded by Councilman Finnan to -wit: RESOLUTION PROVIDING FOR THE CONSOLIDATION INTO ONE ISSUE OF SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AGGREGATING $1,295,000 HERETOFORE SEPARATELY AUTHORIZED BY SAID TOWN FOR VARIOUS TOWN PURPOSES. BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Of the $475,000 serial bonds authorized by bond and capital note resolution dated May 13, 1968, for the construction of necessary works for a drainage system for surface waters in and for said Town, there shall be issued and sold only $460,000 serial bonds. Said $460,000 bonds shall mature $12,200 in each of the years 1972 to 1974, both inclusive, $14,200 in each of the years 1975 to 1978, both inclusive, $16,000 in each of the years 1979, to 1982, both inclusive, and $17,800 in each of the years 1983 to 1999, both inclusive, and shall be consolidated with other issues of bonds -of said Town as hereinafter authorized, It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 3 of paragraph a of Section 11.00 of the Local Finance Law, computed from May 10, 1969, the date of the first bond anticipation note issued therefor. It is hereby determined that the sum of $15,000 from sources other than the proceeds of bonds or bond anticipation notes was used on March 10, 1971, to partially reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. Section 2. Of the $665,000 serial bonds authorized by bond and capital note resolution dated May 11, 1970, for the construction of necessary works for the protection and maintenance of town highways consisting of a drainage system for surface waters with pipes, gutters and other drainage facilities, there shall be issued and sold $665,000 serial bonds. Said $665,000 bonds shall mature $18,200 in each of the years 1972 to 1974, both inclusive, $20,600 in each of the years 1975 to 1978, both inclusive, $23,200 in each of the years 1979 to 1982, both inclusive, and $25,600, in each of the years 1983 to 1999, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years pursuant to subdivision 3 of paragraph a of Section 11.00 of the Local Finance Law, computed from December 23, 1970, the date of the first bond anticipation note. Section 3. Of the $108,000 serial bonds authorized by bond resolution dated January 30, 1969, for the construction of a Sanitary Sewer System to serve Fleetwood Manor Sewer District, there shall be issued and sold only $104,000 serial bonds. Said $104,000 bonds shall mature $2,800 in each of the years 1972 to 1974, both inclusive, $3,200 in each of the years 1975 to 1978, both inclusive, $3,700 in each of the years 1979 to 1982, both inclusive4 and $4,000 in each of the years 1983 to 1999, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. 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 of Section 11.00 of the Local Finance Law, computed from June 19. 1989, the date of the first bond anticipation note. issued therefor. It is hereby determined that the sum of $4,000 from sources other than the proceeds of bonds or bond anticipation notes was used on June 18, 1971 to partially reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the first installment of the principal amount of such indebted ness. Section 4. Of the $68,000 serial bonds authorized by bond resolution dated January 30, 1969, for the construction of a water system to serve Fleetwood Manor Water District, there shall be issued and sold only $66,000 serial bonds. Said $66,000 bonds shall mature $1,800 in each of the years 1972 to 1974, both inclusive, $2,000 in each of the years 1975 to 1978, both inclusive, $2,100 in each of the years 1979 to 1982, both inclusive, and $2,600 in each of the years 1983 to 1999, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. 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 of Section 11.00 of the Local Finance Law, computed from June 19, 1969 the date of the first bond anticipation note issued therefor. It is hereby determined that the ,sum of $2,000 from sources other than the proceeds of bonds or bond anticipation notes was used on June 18, 1971, to partially reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting .the first installment of the principal amount of such indebtedness. Section 5. The serial bonds described in the preceding sections hereof, are hereby authorized to be consolidated for purposes of sale into one bond issue, aggregating $1,295,000. Such bonds shall each be designated substantially TOWN IMPROVEMENT (SERIAL) BONDS, 1971, shall be dated September 1, 1971, shall be of the denomination of $5,000 each, shall be numbered from 1 to 259, both inclusive, and shall mature in numerical order in the amount of $35,000 on March 1, 5- L L 251 in each of the years 1972 to 1974, both inclusive, $40,000 on March 1 in each of the years 1975 to 1978, both inclusive, $45,000 on March 1 in each of the years 1979 to 1982, both inclu- sive, and $50,000.on March 1 in each of the years 1983, to 1999, both inclusive, with interest. thereon payable March 1, 1972, and semi-annually thereafter on September 1 and March 1. Such bonds shall bear interest at such rate as may necessary to sell the same, which rate shall be determined in the manner provided in Section 59.00 of the Local Finance Law. Such bonds shall'be in bearer coupon form with the privilege of conversion into bonds registered as to both principal and interest, and shall be payable as to both principal and interest in lawful money_of the United States of America at Marine Midland National Bank, Southeastern, New York in Wappingers Falls, New York, or, at the option of the holder, at Marine Midland Bank, New York, in New York, which by contract are the paying agents of the issuer. The aforesaid maturities constitute the aggregate of the individual maturities of each separate issue, which individual maturities are prescribed in the preceding sections hereof. Such bonds shall be signed in the name of said Town of Wappinger, Dutchess County, New York, by its Supervisor, and a facsimile of its corporate seal shall be imprinted thereon and attested by its Town Clerk, and the interest coupons shall bear the facsimile signature of said Supervisor. Section 6. All other matters, except as provided herein relating to such bonds, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and_contain such recital, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. 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 samerespectively become due and payable. An annual appropriation sh all be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as he shall deem best for the interestiof said Town provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the_sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. This resolution shall take effect immediately. Phe question of the adoption of the foregoingresolution was duly put to a vote on roll call, which resulted as follows.: Louis Diehl Aye Louis Clausen Aye G. Donald Finnan Aye James Mills Aye Harry Holt Aye The resolution was thereupon declared duly adopted. 2 52 The following Resolution was offered by COUNCILMAN MILLS, who moved its adoption: WHEREAS, certain real property owned by the United States, located in the County of Dutchess, State of New York, has been declared surplus and at the discretion of the General Services Administration, may be assigned to the Secretary of the Interior for disposal for public park or recreation purposes, under the provisions of Section 203.(k) (2) of the Federal Property and Administrative Services Act of 1949 (63) Stat. #87), as amended, and rules and regulations promulgated pursuant thereto, more particularly described as follows: WHEREAS, theTownof Wappinger, needs and will utilize said property in perpetuity for a public park or recreation area as set forth inits application and in accordance with the require- ments of said Act and the rules and regulations promulgated thereunder.; NOW, THEREFORE, BE IT RESOLVED, that the Town of Wappinger shall make application to the Secretary of the Interior for and secure the transferto it of the above mentioned property for said use upon and subject to such exceptions, reservations, terms, covenants, agreements, conditions, and restrictions as the Secretary of the Interior, or his authorized representative, may require in connection with the disposal of said property under_said Act and the rules and regulations issued pursuant thereto; and BE IT FURTHER RESOLVED, that the Town of Wappinger, has legal authority, is willing and is in a position to assume immediate care and maintenance of the property, and that Louis Diehl, Town Supervisor, be and he is hereby authorized, for and on behalf of the Town of Wappinger, to do and perform any and all acts and things which may be necessary to carry out the fore- going resolution, including the preparing, making, and filing of plans, applications, reports, and other documents, the execution, acceptance, delivery, and recordation of agreements, deeds, and other -instruments pertaining to the transfer of said property, including the filing of copies of the application and the con- veyance documents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof orfees or costs incurred in connection with the transfer of said property for survey, title searches, recordation of instruments, or other costs identified with the Federal surplus property acquisition. Seconded by: Mr. Clausen Roll Call Vote: Supervisor Diehl Councilman Clausen Councilman Finnan Councilman Holt Councilman Mills Aye Aye Aye Aye Aye Resolution: Duly Adopted MR. MILLS moved that the Attorney tomorrow morning to the Governor, Dow, Senator Rolison, Assemblyman to the Town send telegrams the Attorney General, Congressman Stevens and the Public Service 7 253 L L Commission to see what immediate action we can get Penn Central Railroad to unblock that stoppage to prevent the houses on Maloney Road from continually being flooded as the water is still rising. Seconded by Mr. Holt. Motion Unanimously Carried MR. MILLS moved that the Town Board of the Town of Wappinger commend all fire companies in the Village and the Town and all adjoining companies that helped in pumping out unfortunate families that were deluged with water over the past weekend. The fire companies worked through the night. Seconded by: Mr. Finnan Motion Unanimously Carried These past two motions were in reference to the flood damage experienced by families from the Hurricane Doria. Mr. Diehl reported on a letter sent to Town Supervisors and Town Highway Supervisors regarding the.Donavan Plan, which is similar to the Erwin Plan, from George Reid, asking for a resolution from the Town acting on.this Plan. Mr. Horton attended the meeting on this plan and he feels the Town should not participate in it. The deadline for this to be answered is September 13, 1971. MR. FINNAN made a motion, based on Mr. Horton's recommendation, the Town would not participate in this plan. Seconded by: Mr. Mills Motion Unanimously Carried Mr. Finnan, on the subject of Sunset Knolls Trailer Park, and their water and sewer problem, which the Town was not aware of until the recent publicity on the trailer park, suggested that we forward a letter to Dr. Link, Commissioner of the.Dutchess County requesting a list of all sewer violations in the Town of Wappinger, at the present time, and also that we be notified of any future violations as they occur. Seconded by: Mr. Clausen. Motion Unanimously Carried 254 Mr. Mills, in regard to the dog problem, had been talking to Mr. Herman Osten of the W&SD News, and he (Mr. Mills) recommended that every Monday the Town Clerk's office call Mr. Osten's office and he would be happy to list any dogs that have been found and are being held in.Dr._Hannigan's office. It was also suggested that a memo be sent to the dog wardens to keep the Town Clerk's office informed of found dogs and their descriptions. A resolution may have to be made to hold dogs for ten days, rather than five days, to give the owner a chance to claim them. MR. MILLS made a motion for a five minute recess at 8:50 P.M., seconded by Mr. Holt and carried. The Meeting was called back to order at 8:55 P.M. All members were present. MR. MILLS made a motion to adjourn the meeting, seconded by Mr. Finnan and unanimously carried. The meeting adjourned at 8:58 P.M. Sp. Mtg. 8/30/71 Elaine H. Snowden Town Clerk d