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1965-02-11 SPM20 I: A special ;meeting of the Town Board, of the Town of Wappinger was held in the Town Hall in the Town of Wappinger, on the 11th day of February 1965 at 7:30 P. M. Present: -Supervisor -Richard H. Linge, Councilmen -George A. Robinson and Louis D. Diehl, Justices of the Peace, Vincent S. Francese, William J . Bulger, Building Inspector, Joseph Ludewig, Attorney for Town -Harold H. Reilley, EnGineer for the Town -Vincent Kelly, Superintednent of Highway -Robert J. Lawson, Town Clerk -Helen L. Travis. This was held for the establishment of the Oakwood Knolls Water and Sewer District in Town of Wappinger, County of Dutchess and State of New York, pursuant to article 12-A of the Town Law. A map, plan and report relating to the establishment of the proposed Oakwood KnoBls Water District, proposed by Barger & Russ, in manner and in such detail as has been determined by the Towh Board of the Town of Wappinger, has been duly filed with the Town Clerk of the Town of Wappingec, in acoordance with the requirements of Article 12-A of the Town Law An order was duly adopted by the Town Board, of the Town of Wappinger on the 7th day of January 1965, reciting the filing of said map plan and report the improvements proposed, the boundaries of the proposed district, the estimated expenses thereof, the proposed method of financing, the fact that the map, plan and report describing same are on file in the Town Clerk's Office for public inspection and stating all other maters required by law to be stated, and specifing the 11th day of February 1965 at 7:30 P. M. as the time, the Town Hall, Mill St., Town of Wappinger as the place where said Town Board shall meet to consider said map, plan and report, to hear all persons inter- ested in the subject matter, thereof concerning the same, and to take such action therein as is required. Supervisor Linge then opend the meeting for discussion. Attorney Russell Aldrich presented -Mr. Adler, Engineer who was sworn in by Justice of thePeac Bulger who testified about water. Herman Arndt spoke in reference to water Thomas Armstrong asked about placing of Hydrants. Bob Echiemier-Water plant operator for developemnt spoke. Stated samples of water had been taken in November, December and January, Inspected by Dutchess County Board of Health. D Mr.Zagursky spoke on Water rates. Luke Reed asked if there was enough water to furnish all homes. Mr. Armstrong asked if there would be any rates for Hydrants 202 James Tennant spoke asking if tank is included in figure. Frank Le Febure spoke. Patrick Fitzpatrick spoke. William Johnson asked if this is going to be a metered rate or flat rate. Mrs. Oberley spoke. NOW, upon the evidence given upon such hearing, and upon motion of Justice of the Peace alger, seconded by Councilman Robinsoh, it is RESOLVED AND DETERMINED: (a) That the notice of hearing was published and posted as re- quired by law, and is otherwise sufficient.. (b) That all property and property owners within the proposed dis- trict, are benefited thereby. (c) That all the property and property owners benefited are included within the limits of the proposed district. (d) (That it is in the public interest to establish said water district. FURTHER RESOLVED AND DETERMINED, that the establishment of a water district, as set forth in said map, plan and report, be approved, that the improvements therein mentioned be constructed and the necessary easement and tbednbeeaequ'redsamdnthat the existing facilities presently situate in said pro- posed district be acquired, upon the required funds being made available and pro- vided for, and upon the agreement of the present owner of said existing facil- ities to transfer, set over and convey the same to the Town of Wappinger by written agreement, and such district shall be known and designated as the OAKW00D KNOLLS WATER DISTRCT in the Town of Wappinger, and shall be bounded and described as follows: ALL that certain piece or parcel of land situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York, moreparticularly bounded and described as fpllows: BEGINNING at a point on the northerly side of Myers Corners Road, the said point being the southeasterly corner of the herein described district, and the southwesterly corner of lands now or formerly of the Transkrit Corp.; thence west- erly along the said northerly line of Myers Corners Road, the following courses and distances: N83°55' W 83.80; S 85°59' 10'4232.30', N 83 19' 50" W19.30',. N 49'10' 50" W 11.30', S 89°02' 10" W18.70; and S 7942' 30"W 40.73' to a point; thence northerly, westerly., and south- erly along the westerly, southerly and easterly lines of the herein described district the following courses and distances: N 13° 41' 20" W 600.02', S 75 42' 30" W 520.00'' S 12°34' 50" E 100.08', S 37°08' 40" W 456.14', and S 14° 12' 20" E 200.00' to -a point on the northerly line of the said Myers Corners Road; thence westerly along the said northerlx line of Myers Corners Road S 86°06' 40" W 18.38', and S 82'30' 40" W 202.36' to a point, said point being the southwesterly corner of the herein described district; thence northerly along the easterly line of lands now or formerly of Marshall the following courses and distances; 2O3 N 1°23' 30" E 354.7', N 1°04' 30" E 314.70', N ha' l0" E 341.92', N 52 45' 40" E 115.42', N 74°54' 10" E 16.40', N 56°01' 00" E, 119.66',N 69°06' 20" E 22.32', N 56°20' 50" E 24.76',,N 16°42' 40" W 515.70',and N 16° 17' 30" W 678.79' t o a point, said point being the north- westerly corner of the herein described district; thence easterly along the southerly line of lands now or f8rmerly of Winne the following courses and distances; N 68 58' 50" E 131.66', N 69°03' 20" E 110.31', N 68°�i8' 00" E 44.00', N 69°00' 10" E 66.47', N 6826' 10" E 90.88', N 14'11' 40" E 148.12', N 26'43' 50",E 38.66', N 12°43'30" E 69.00',. N 27°09' 30" E 50.98', N 44'56' 10" E 63.60', N 31°42' 00" E1202.03', N 37°52' 00" E 103.01', N 44°04' 20" E 76.54', and N 36°134:40" E 146.94' to a point; thence continue east along the southerly line of lands now or formerly of Clausen N 7900' 40" E 366.09'to a point in the westerly line of lands of Riccobono; thence south- easterly and easterly along the westerly and southerly lines of said Riccobono the folbowing courses and dis- tances; -S 15°42' 10" E 290.78', S 16°07' 40" E 616.79', S 154'56' 30" E 224.59', S 16603' 50" E236.77', and N 57°36' 30" E 776.88' tp a point, said point being the northeasterly corner of the herein described district; thence southerly along the westerly line of lands now or formerly of the Transkrit Corp. the followpg courses and distances. SS 1°43' 00" E 621.15'; S 24'07' 00" W 187.7°0', S 50612' 50" W 15347', S 48°13' 10" W 83.00', S 40 39' 50" W 99.98', s 7'00' 10" 408.t5', and S 6° 39' 50" W720.85', to the point or place of beginning. FURTHER RESOLVED that the proposed improvement, including the ac- quisibton of existang improvements, construction costs, costs of acquisition of lands and easements, legal and engineering fees and all other expenses, Iv financed by the issuance of serial bonds of said Town to mature in such number of equal installments not exceeding forty (40), as may hereafter be determined by the Town Board of the Town of Wappinger, payable in the first instance from assessments levied on benefited real property in said district; and it is FURTHER RESOLVED that bids resolution is subject to a permissive referendum as provided in Section 209e of the Town Law. The adoption of the foregoing resolution was duly put to a vote and upon roll call the vote was as follws: RICHARD H. LINGE voting Yes GEORGE A ROBINSON voting Yes VINCENT S FRANCESE voting Yes WILLIAM J. BULGER voting Yes LOUIS D. DIEHL abstained from voting The resolution was therupon duly declared adopted. WHEREAS, a Petition for the creation of a sewer district to be known and designated as the OAKW000 KNOLLS SEWER DISTRICT, in the Town of Wappinger, Dutchess County, New York, the same being dated and verified the 28th day of April 1964, was duly presented to the Town Board of the Town Wappinger with the necessary map and plan there unto attached; and WHEREAS, THE Town Board of the Town of Wappinger duly made and adopted 204 an Order at a meeting of the Town Board held on the 25th day of June, 1964 which said Order, among other things, recited the filing of said Petition, the nature of the improvements proposed, and the nature of the improvements proposed to be purchase, acquired, constructed, erected, installed and maintain- ed, as well as the boundaries of the proposed sewer district, and the estimated expenditures for the acquistion, extension, improvement, repair and renovation of the same in the sum of Two Hundred Forty-eight Thousand ($248,000.00) Dollars, and tbdesignate the 16th day of July, 1964, at 7:30 o'clock in the afternoon of the day, at the Town Hall, Mill Street, in the village of Wappingers Falls, Town of Wappinger, Dutchess County, New York, as the place where the said Town Board would meet to consider said Petition and to hear all persons in- terested in the subject thereof and concerning the same; and WHEREAS, copies of such Order were duly posted and published, as required by law, and WHEREAS, said hearing on said matter wasduly held by the Town Board of the Town of Wappinger, ob said 16th day of July, 1964, commencing at 7:30 o'clock in the afternoon thereof, at the place afresaid, and evidence was given from numerous witnesses concerning the establishment of said sewer district, the proposed purchase of existing facilities, the extension of the same, and the renovation, reconstruction and repair of the same, by qualified witnesses, under oath, including duly licensed professional engineers, and no one objecting, or appearing in objection to the establishment of the same, or the acquisition, purchase, extension, repair, renovation and improvement of said facilities; and said public hearing having from time to tthme been adjourned, at which adjourned sesssion further evidence was adduced concerning the purchase of of the present system, and the extension thereof, including evidence given by licensed professional engineers retained by the Town of Wappinger, Dutch- ess County, New York, for the purpose of ascertaining the fair, true market value of the existing facilities, and the proposed cost of extending, repair- ing and renovating the same. NOW, upon the evidence adduced at said hearing, as adjourned, the following resolutions were offered by Justice of the Peace Bulger, who moved their adoption; seconded by Councilman Robinson, to wit. IT IS RESOLVED AND DETERMINED THAT: (a) The Petition, filed as aforesaid, was filed, acknowledged, or provdd as required by law, and it duly complies with the requirements of Section 191 of the Town Law of the Sate of New York, as to the sufficiency of the signers with respect to the boundaries of the proposed district, as herein approved, and is otherwise sufficient. (b) All of the property, and property owners within the proposed dis- 2O5 trict are benefited thereby and said proposed district consists of a territory which it is proposed to serve immediately,or which can be served in the future without major increases in cost. (c) All of the property,- and property owners, benefited are included within the limits of the proposed district. - (d) It is in the -public interests to grant in whole the relief -sought. IT IS FURTHER RESOLVED and determined that the establishment of a sewer district, as proposed in said Petition, be approved; and -that the im- provements proposed to be acquired be acquired, for a total cost which is not to exceed the sum of One Hundred Twenty Thousand (120,000.00) Dollars; and that the extension, renovation and repair of the same be undertaken, 411 at a sum not to exceed 0 e Hundred Twenty-eight Thousand (128,000.00) n Dollars; all of which is- to be done and peformed subject to the further conditions contained im this resolution, and the required funds therefore are made available or provided for; and that such district shall be des- ignated and known as OAKWOOD KNOLLS SEWER DISTRICT, in the Town of Wappinger, Dutchess County, New York, and the same shall be bounded and described as follows: ALL that certain piece 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: BEGINw1MING at a point on the northerly side of Myers Corners Road, the said point being the southeasterly corner of the herein described district, and the southwesterly corner of lands now or formerly of the Transcrit Corp.; thence wester- ly along the said northerly line of Myers Corners Road, the following courses and distances: N 83055' 50" W 83.80', S 85 591 10" W232.30', -N 83v 19' 50" W. 19.30', N 49°10' 0 50" W 11.30'. S 84502' 10!!. w18.7011 and S 75 42' 30",Vi 40.73' to a point; thence northerly, westerly and southerly - along the wlterly, southerly and easterly line of the herein described district the following courses and dis- tances: N 13 41' 20" W 600.021, S PP 4«" /0" W 520.00', S 12°34' 50"E 100.08', S 37 08' 40" W 456.14', and S 140 12' 20" E200.001 to a point on the northerly line of the said Myers Corners Road; thence westerly along the said 8 northerly line ofMyers Corners Road.S 86 06' 40" W 18.38', and S 826 30' 40" W 202.361 to a point, said point being the southwesterly corner of the herein described district; thence northerly along the easterly line of lands now or formerly of Marshall the following courses and distances: N 1° 23" 30" E 354.74', N 11 04' 30" E 314.70', N e18' 10" E 341.92', N -5?-45' 40" E115.42', N 74054' 10" E 16.40', N 56 01' 00" E 119.66, N 69 06' 20" E 22.32', N 56°20' 50" E 24.76', N 16°42' 40" W 515.70', and N 16 ° 1.71 30" W 678.79' to a point, said point being the north- westerly corner of the herein described district; thence easterly along the southerly line of lands now or formerly of Winne the following courses and distances: N 6852' 50" E 131.66', N 69c03' 20" E 130.311, N 68 38' 00" E 44.00', N 69 10" E 66.47', N 68c26' 10" E 90.88'f N 14°11' 40" E 148.12', N 26 43' 50" E 38.66', N 12°43' 0 6 30" E 69.00', N 27 09' 30" E 58!98', N 44 56' 10" E 63.60'1 ti 316 42' 00" E 202.03', N 37° 52' 00" E 103.01', N 44° 04' 20" E 76.54', and N 3613' 40" E 146.94' to a point; thence continue east along the southerly line of lands now or formerly of Clausen N 7900' 40!' E 366.09' to a point in the westerly tine of lands of Riccobono; thence southeasterly and easterly along the westerly and southerly line of said Riccobono the following courses and distances: S 15('42' 10" E 290.78', S 1607' 40" E 616.79', S 151 56' 30" E 244.59', S 16°03' 50" E 236.77', and N 57 36' 30" E 776.88' to a point, said point being the northeasterly corner of the herein described district;. thence southerly along the westerly line of lands now or dormerly of the Transkrit Corp. the following courses and distances: S 1" 43' 00"_E 621.15', S 24'07' 00" W 187.70 S 50 50" W153.97, S 48e13' 10" W 8$.00', S 40 39' 0 50" W 99.98', S 7c00' 10" W 408.15', and S.6 39' 50" W 720.85', to the point or place of beginning. IT IS FURTHER RESOLVED that the proposed acquition of the existing .improve- ments for the total purchase price of One Hundred Twenty Thousand $$120,000.00) Dollars, including the cost of the acquisition of lands, rights-of-way and facilitites, and the extension, renovation and repair of the same, and all other lawful expenses, whatsoever, including engineering fees and legal fees, shall 8' be financed by the issuance of Serial Bonds, or other lawful evidence of -; indebtedness of the Town of Wappinger, Dutchess County, New York and that 207 the maximum amount of monies to be expended in the acquisiebion, exte.sion, construction, reconstruction, renovation and repair of said sewerage system shall not exceed Two Hundred Forty-eight Thousand ($248,000.00) Dollars, which it is contemplated to be paid by the proceeds realized from the issuance of the aforesaid Serial Bobds, or other lawful obli- gations of the Town of Wappinger, Dutchess CountyF New York, and in accordance with the provisions of the Local Finance Law of the Sime of New York, and IT IS FURTHER RESOLVED That in accordance with the provisions of Section 202 of the Town Law, the cost of such acquisition, construction, reconstruction, renovation and repair, including the extension of the sewerage system shall be assessed by the Town Board of the Town of Wappinger, Dutchess Cpunty, New York, in proportion as ne9-ly as may be to the benefit which each lot or parcel in said district will de- rive therefrom, including lots presently not on an accepted, approved and filed map, as provided for in a certain written contract or agree- ment between Ritter Construction Corp., Oakwood Waterworks Corporation, Mark Ritter and the Town of Wappinger dated the day of Ebbruary, 1965, and IT IS FURTHER RESOLVED that the establishment of said sewer dib trict, and the approval of the same, is contingent upon the said Rittter Construction Corp., Oakwood Waterworks Corporation and Mark Ritter executing, acknowledging and delivering said written contract or agree- ment, which same is to contain the agreements between the said Ritter Construction Corp., Oakwood Waterworks Corporation and Mark Ritter and the Town of Wappinger; and IT IS FURTHER RESOLVED that the Town Clerk of the Town of Wapp- shall within ten (10) days after the adoption of these resolutions file certified copies thereof, in duplicate, in the office of the SBite Dep- artment of Audit and Control, situate at Albany, New York, together with an application of the Tern Board of the Town of Wappinger, Dutchess County, New York, likewise in duplicate, for permission to create such district as provided for by Section 194 of the Town Law of the Sate of New York, and that such application shall be executed by and in behalf of the Town Board of the Town of Wappinger by the Town Supervisor, or Deputy Supervisor of the Town of Wappinger, Dutchess County, New York. 208 IT IS FURTHER RESOLVED that the law firm of Aldrich & Aldrich, Esqs., 21 Davis Avenue, Poughkeepsie, New York, are hereby appointed and designated attorneys to said proposed sewer district, and IT IS FURTHER RESOLVED that the firm of Barger and Russ, New Hackensack Road, Wappingers Falls, New York is hereby appointed and des- / igneted engineers for said proposed sewer district. The question of the adoption of the foregoing resolutions was duly put to a vote or roll call which resulted as follows: RICHARD H. LINGE voting YES GEORGE A ROBINSON voting YES VINCENT S FRANCESE voting YES WILLIAM J. BULGER voting YES LOUIS D. DIEHL abSte§ned-from-V Bing The resolutions were therupon declared duly adopted. The following is the reason given by Councilman Diehl for abstaining from voting. After having met with membersof the Citizens Committee of Oakwood Knolls, discussions at the Dept. of Health of Dutchess County and discussions and meetings with others concerning conditions, problems, and results of said conditions and the future results to come with the results of this vote I would like to read the following statement as the reasons for my decision. I must abstain in voting in this instance because first to vote no might abstruct the attempts of the homeowners to find a solution to this serious problem and I am in complete sympathy with them so I cannot vote No. On the other hand to vote yes would be to sanction the past actions or inactions of those concerned that created this bad situation whiclg oc- curred before I became a member of the Town Board. This sanction I cannot and will not give and in the future I shall do everything possible to in- sure that the interests of the Town and the Taxpayer are not again placed in such and embarrassing and difficult posttion by poor and inadequate performances by any persons or companies doing business with the Town of Wappinger Signed --Louis Diehl Motion was made by Councilman Robmoese and seconded By Justice of the Peace Bulger that the meeting be adjourned. S iigned Town Clerk WARRANT To -RICHARD- -H.---LINGS. , Supervisor Town of WAPP I NGER , County of DUTCHICS , New York. The following claims, having been presented to the Town Board of the Town of WAPP.X.Pgait , and duly audited and allowed at a meeting thereof held on the 1.1 day of February , 19_65..., in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM No. NAME OF CLAIMANT AMOUNT FUND OR ALLOWED ACCOUNT OTHER INFORMATION Associaticin 47 PP" William J. Bulger, 45..20 _..pf Town Expelnae. Convention Feb. 7,8,9. & 10 4R 09k verner Chriefention 49.00 49 V‘ladvs Timbo 48.00 con'. Helen L. Travip 49.90 51R- Bertha R. Recchia 49.30 528-v Diehle 48.20 53 Joseph Z.. Ludewig 50.20 11 11 1111 1 11 1111 In Witness WhereorI have hereunto set my hand and the Seal of the Town of... ...................... this 1,1 day of Ittbruaxy , 1965... [SEAL] vei- Town Clerk 100WWILLIANSON LAW NM CO,, ROCNIMR. N.Y.