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1966-09-20ADJOURNED MEETING - SEPTEMBER 20. 1101 Meeting called to order at 8s55 p.m. Fulton - attorney advises me he does not have a written resolution, but also advises me that we can make an oral resolution. Quinn - there was a bond posted in 1965 on the 9th of September. That bond was geared to the March 1965 specifications for roads. Those were the latest specifications. Conference this late summer between developer, Town Board, Engineers, that the 128,000 bond which had been posted was to insure establishment of roads under previous specifications. After determination was made, we requested developer to furnish Town with amendment to the bond refleoting that fact and also cleaning up the fact there was no expiration date. About 3 or 4 weeks ago, the developer furnished bond as requested but there was an error. Requested amendment. It was brought in this morning, unfortunately, we were not able to prepare a resolution. Dictated by Quinn for a motions "The amended bond presently offered by Gallo Bros. Holding Corp. and Anthony T. Gallo and Frank Gallo as prinoipala and Continental Casualty as surety be accepted by the Town of Wappinger to assure completion of roads and improvements in the subdivision on the basin that the epecificatio ns immediately preceding March 1965 speoifioations." Quinn - $28,000, all terms exactly the same as September 1965 bond. Signed, sealed, and acknowledged properly by prinoipala and surety company. Expiration date - 2 years from date of original issuance, Sept. 9, 1965. Fulton - actually, Gallo doesn't have to put roads in until September 1967. Quinn - doesn't have to have thea finally completed. This doesn't wean he doesn't have to start on them. `, Fulton - he said he would put roads in within the next 2 weeks. Resident - isn't he supposed to submit bond when the Planning Board approves the development! -2• Quinn - Planning Board approved over-all development quite some years ago. I looked at Planning Board records on that. Developer permitted to develop according to sections. Resident - have map from County Clerk. No listing of seotions. Half the streets were started. K.Clausen - he never stopped. If he had just stopped once that would have been different. Resident - when I bought my house up here, F-6 was the model home. May of '65 when I first saw that home, there was houses finished. I moved in in September 1965. Fulton - it was probably one of the first subdivisions in the Town. The arrangements were at that time it appears from what I have heard he got building permits in relationship to road bonds. L'Arahevesque - peroentage to go into etcaro from closings. Nlr Gallo had sewer, water, and roads. Resident - Clausen stated that this road was unsafe. We're trying to get the roads in before this happens again. L'Archevesque - Gallo stated he would put the roads in within the next 2 weeks. Pete - there has been no building in this section for 2 to 3 uas weeks. All good weather except for recent rain. Fulton - if we get double-orossed, then we have learned a lesson. Francese - the Town does have the summary power to go in and make a road passable and safe. Resident - 2 meetings ago, asked question and was told they could do absolutely nothing. Francese - has summary power to go in there and make the roads passable. Nur Pete - broad in center. He put a grade on those roads, Quinn - there are profiles established for this road and he must grade according to those profiles. -3. Pete - it isn't going into proper drainage, Quinn - superintendent Dame in in January and he was confronted with the problem of a lot of roads all in very bad shape, and these were not the only ones. Private reads in other developments that have not been accepted. What was done in the past about enforcing bond provisions or what wasn't, I oan't speak about it. I can say this, We're trying to take accurate steps now to see that an appropriate bond is being posted. Seems premature before Bond passes motion to assume that the man is not going to do anything. He has promised to post bond, he has done this. He has promised to complete roads as soon as the bond is acoepted by the Town. Give him time to aot in good faith. Resident - Raker had an understanding that when these houses were finished, the roads would be. Quinn - you're talking about back in June or July. Not proper to talk about in a public meeting. Conceivable you have got the wrong information. Francese - when you get the wrong information in dealings with a contract, you have a right to take him to court. Quinn - indicating that this summer they talked to Raker and Raker threw the ball back to Gallo again. Pillar to post. It is true that they have got a law suit, but it is against Gallo as far as they are concerned. Other Resident - has anyone been around the hill? Diehl - as you said, Gallo said he would do the roads within 2 weeks. Fulton - start roads in two weeks. Diehl - assuming he does nothing, what positive aotion could we take? Quinn - aotion against bond. Diehl - how soon would road construction begin if we took action? Quinn - next spring. Lady Resident - kids are getting hurt on their bikes. Clausen - these are old road specifications. Town Board can't force the developer to do more than he has agreed to do. Pete - who do you hit when it rains? Gallo or Raker? Third Resident - in the event he does nothing, will the buses be available for the kids? Quinn - each and every one of you who bought in there have a right to either singly or collectively bring action against whoever sold to you for failure to perform contract. It is not within the power of this Town Board to bring these law suite. This Board is trying to clean up mistakes that happened back in 1960. Even though they've learned a lot, today there is still quite a problem. The Town can assert as much pressure as possible. There is a constitutional prohibition in going out and bringing law suits in your behalf and using funds for calcium, etc. As far as going in And doing construction work, it is impossible. I don't think he can be everywhere all day tuft long. Fulton - if highway Supt. declares roads unsafe, can we take action? Quinn - only in a very minor way. He can't dust go in tkirs and spend an hour here. Diehl - as I see the roads at this point now I would say a person can't drive over 5 miles an hour over them. If you could drive only that speed now, this winter they won't be able to get in or out. Pete - I don't know what the law states, but in drainage when there is a change in the contour of land, isn't he supposed to allow for natural drainage? Quinn - back a oouple years ago I don't think there was much attention paid to land contours. Before Kelley came, I don't think they had any regular engineering advice. The advice they got was very much on a part-time basis. Proper care wasn't given to establishment of road grades and grades of lots and so forth. The Planning Board used to set the amount of the bonds and as I can reconstruct; this, the bonds would come in to Town Board and there wasn't a resolution accepting bonds before Mr. Reilly started it last year. There was a lot of trust given. Today it can't be done that way. If they feel that suggestions for i6sstt= bonds' amounts are not ammigk sufftolent, they raise questions. Resident - closings on all houses but one. If this man has money in his pocket, why can't he use it? Fulton to K.Clausen - we're liable to get burned on this, but if the Town authorizes you to go k out to Robinson Lane and get some gravel, can it be done and how soon? K.Clausen - Gallo is gonna start tthose roads as soon as the Town has this bond thing straightened out. The only thing after is for the Town to will the bond. Pete - we have gotten 3 different starting dates already. L'Archevesque - Board hadn't approved bond - stopped starting dates. Fulton - Gallo was figuring on oil and chip. We found here on record it wasn't so. Gallo took position that until this is cleared up, he wouldn't do anything. Ask Highway Commissioner to go down and see what he feels is dangerous. Motion made by Franoese, seconded by Clausen to adopt motion accepting bond. All ayes - Unanimous. Clausen - if we do not approve this bond tonight, is there a bond in affect? Quinn - yes, the old one, but there is oertainly a misunderstanding. Clausen - better off with this bond? Quinn - I would feel they are much better off. Sanctioned Mr. Clausen to do anything within reason. Want people to know we're not going in there and construct the roads. K.Clausen - Gallo oan sue me for going in there. Fulton - sitting in these chairs and dealing with these problems isn!t as easy as you think. We can each, as individuals, be liable for our actions. •%pr Diehl - gonna have to do something down there this winter. Bete - who maintains cleaning of roads when it snows? Fulton - Gallo. Resident - if he doesn't start within 2 weeks, will the Board take action on thio? Franoese - if it unsafe and not pawsable, but not if it is not completed. Clausen - oan only pull bond if the roads are in dangerous conditions. Franoese - not if the road is not completed, beoause we can't. But, if the road is considered unsafe and not passable, under those conditions only can we pull the bond. Motion made by Franoese, seconded by Diehl, to adjourn meeting. Unanimous Meeting adjourned at 9s40 P.M.