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1966-09-29VOWN*BOARD MEETING - SEPTEMBER 29. 1966 Meeting with Village Trustees called at 7130 P.M. Fulton - Village Board is in attendance tonight and they have k asked 'fir to present a problem they thought we might be interested in joining them in a project. Furnari - The Village Board some time ago was proposed to the idea that the Village and the Town might get together on some police service. It was submitted at one of the board meetings and he also indicated the fact that the Town might also be interested in this. We disoussed it and thought it might have some merit. The advantage here would be that the Town could use these facilities providing they assisted us with some personnel help. Trustee Napoleon might be able to help you on this. Napoleon - I feel that part of the ablution lies in the joint venture. Phone calls, all day long there are people coming in for directions, asking for different streets in the Town. Captain Costa has worked up a echedule.here.. 168 hours a week. Village Clerk answers phone 40 hours. We feel if the Town could go along with us and supply two of these clerks. One a Village phone and one a Town information phone. One-way State Police radio there. We feel that this could be done with three additional clerks, or even done on a part-time basis. If Town would go along with two olerks, we could man this phone 24 hours a day. Furnari - we have a tape there that records information at oertain tikes. We try to cover as much as possible.To have 24 hour coverage would be of mutual benefit to the Town as well as the Village. If there is anything we can do to help in the protection of those in the Town too, I think it is worth it. I think most of the Board members felt this way. Fulton - what kind of hourly rate? Napoleon - about $2000. Diehl - this is the next door neighbor to having police patrol our streets. I think they are very kind to say that it is to a mutual benefit. We will reoeive the greatest benefit of it. I move that we get into.meohanics -2 - with it and get together with the Village Board. Clausen - legal aspect, has it gone through that we can do it? Furnabi - haven't gotten complete legal advice, though that if the Town Board was interested in the idea, we would follow through. Clausen - seoond Mr. Diehl's motion. I agree with what Mr. Diehl says. I think we owe the Village quite a lot for coming down here and showing how they support it. Furnari - motion be considered pending what legal counsel advises you to do. Fulton - leave it at that motion. I think you will find favor on the Board. Mr. Diehl favors it, Mr. Clausen, and I do. Clausen - our motion tonight, I think, reads we should follow through with the meohanios t on advice of oounsel and so forth. Mr. Diehl is on the polioe oomkittee, I suggest he work with the Village and follow through on this. Fulton - I think the Board is very receptive to this. Furnari - thank you very much. Sanitary Landfill Discussions Fulton - the situation as it strands now as far as the work on the committee there goes, we got to the point where I think we're done to before, and I think we're going to know very shortly. I think the completion of the thing is favorable from what I have heard. Question - what was the objection to the original landfill site? Fulton - the Town Board itself wasn't especially receptive to it. There were questions involved here that the site was in the Town of Wappinger. I don't think the Board objected to it specifically on that basis that it was in the Town. Each member can come to their own conckusion on this. There was considerable amount of rock in the area. I contacted advisor who recommended amount of fill. Question of access roads, question of having to widen Town roads to accommodate the site. I think that each member of the Board studied for themselves and they weren't that receptive to it. Question - do you feel you have a solution? Fulton - I think we may be over the biggest hump and we have the thing geographically located to some satisfaction. This is the big obstacle. Question - I would hate to see this thing fall through. Can you give us any idea when these things will be resolved? Fulton - I think within the next 7 days. L.Clausen - has the Village decided which way they wanted to go? We haven't taken concensus opinion. Restricted to joint fill operation;. Furnari - our repree ntative,trustee Van Voorhis, has been keeping us informed. We would like to have an opportunity to discuss plans with our Board and know what they are. Fulton - Boils down to situation where it is feasible to continue with joint sanitary landfill operation. Might ask Village to join us in a separate opperation. I feel that there is good reason why you go into a joint venture with three towns and two villages. One of the strong factors is that you have a wide tax base of three towns and two villages so that the economics of the situation become... I have heard an awful lot about incinerators. I don't know how far off we are from them. Van Voorhis - I agree with the committee. The report hasn't been brought back to the Board yet because it was just given last week. Fulton - the joint sanitary landfill operation, the feasibility of using the site we have chosen, engineering study had been made. We would want to use `+'h l5 614'-, Furnari - want you to know the Village is definitely interested in this thing and arriving at a. solution and we are interested in the landfill operation. Again assure you that our Board is thinking about this rather seriously. We would like to discuss it as soon as possible and get it started. L.Clausen - it is very necessary that since one of the plans may involve the Town and Village, suggest that we get together very soon. If a date could be set in the near future, I would be for getting tk*s *king together with the Village and discussing it. Fulton - sf by Monday the committee will have a position and after that we've got two alternatives. Furnari - sincere thanks for inviting us down. We appreciate the opportunity to discuss mutual problems. Adjourned meeting called to order at 7:55 P.M: Elaine - I have correspondence here. I put it down on the agenda for the sixth. Fulton - in regard to setting a public hearing for this D.C.R. petition for rezoning, recommendation received from Planning Board. As I recall, they were in favor of rezoning it. As I understand it, there is a trucking company especially interested in it. We have held it back in due of the fact of the Contract with Raymond & May. I think possibly we should set a public hearing on this project and get it under way. Diehl - make a motion that we set a public hearing for Tuesday, Oct. 18. Seconded by Diehl. Unanimous. 2. Sewer system, Dutchess Heights - Resolution read by Elaine. L.Clausen - what was this resolution for? Quinn - form Mr. Alpert's subdivision. Technical request of New York State Health Dept. for expansion of facilities at the Rockingham Sewer District. We had to redraft the resolution because the dates of this thing and es* certified copies must be sent to the various State and Federal agencies. Had to tailor the thing to today's meeting. Diehl - motion made ma that resolution be accepted and passed by this Board as read. Seconded by Francese. Unanimous. 3. Change in time of the meetings - Fulton - I think that we're all in agreement that we should not go on so long with these meetings going on after 11:00 o'clock. I would like to make a recommendation that we start regular meetings at 7 o'clock in hopes of ending them before 11. Francese - at our organizational meeting, we set a date and time for our regular monthly meetings. At this time, can we change the time? Quinn - all meetings except December meetings are special meetings. Every meeting in the year, in fact, is a special meeting. I don't think you will encounter any difficulties. Francese - in view of the fact that we have had a heavy workload. Fulton - amend it for a termination time? Francese - what if there was something pressing? Fulton - waive the termination. L.Clausen - it seems to me I think there Is another way of handling it. I think to pass a resolution to limit time and possibly conducting meetings as we have in the past isn't really settling anything. Setting half hour for open discussion and suspending rules. What I would like to see is certainly go along with 7 o'clock time set and get through before 10:00. I am not happy with the way the meetings have been run. Listening to a lot of repetition. I don't think I would be in favor of it. Let's work on running the meeting a little more streamline. -6- Francese - I think the Town Board has the right at anytime to adjourn the rest of the meeting for a Tater date. Fulton - it gets to be II o'clock and then we have to audit the bills. L.Clausen - there is an issue of time. If someone is # 6 on the agenda and we spend too much time on item # 4, I think there is a danger here with that particular item, especially with those people coming out to be heard on that. Quinn - solution, as a matter of Parliamentary Law, a motion for adjournment is never out of order. Francese - motion that we begin regular monthly meetings at 7:00 P.M., instead of 8:00 p.m. as it has been in the past. Seconded by Diehl. Unanimous. 4. Problem of Dorothy Heights - Fulton - developer is demanding that we remove our obstacle there. Letter from Brent & Phillips was read by Elaine. Diehl - in regard to Dorothy Heights, I am still personally of the opinion I would like to see jt remain closed. It Just seems to me this road was always a dead-end street, and in my opinion, we should have a legal right to allow it to remain as it has been, a dead-end street. Fulton - the feeling of the Board that this should remain a dead-end street. Listening to some of the residents, they were not invited to a public hearing whereby the high-rise apartments were discussed. They feel it was never the intent for Dorothy Heights to be opened to that protect. I think there are a lot of questions unanswered here. I think we should try to defend and try to find an answer to the problems and try to keep it closed. Francese - I have the feeling that these people have a right to use the road since they are abutting owners. I feel that there were irregularities at a Village Planning Board meeting when this thing was discussed. People who left that meeting feeling that there should be no access through Dorothy Heights. I am almost positive there will be legal action should we continue. Will we, or will we not, defend an action against the Town? -7- L. Clausen - the attorney of the Town should check into the minutes of the Village hearing. Francese - we did check with the Village Planning Board and they claim there were no such statements made at this hearing. There were people who did attend and got this impression. To go even one point further, I have conferred with members of the Village Planning Board, they hope that they would have access and school buses would travel through where they never had done it before. There were people on Dorothy Heights who were under a different impression. There may have been irregularities. L. Clausen - if it has to be defended, let's defend it, unless the attorney can tell us one way or the other. Quinn - I think your position of watching and waiting has got something to be said for. L. Clausen - I think the letter needs some type of an answer. Elaine - we did refer this to our attorneys et the last meeting. Quinn - I would prefer that it didn't come to Counsel's office again. Francese made motion, seconded by Diehl, Unanimous. 5. Louis Clausen - L.Cleusen - the minutes of September 8 meeting are not ready yet. What I was on the agenda for was in the minutes of that meeting. I wish to be on the agenda of the next meeting when the minutes are in our possession. 6. Date on Setting Budget - Elaine - I don't know what the technicalities are here. All of the estimates must be in by the 30th. Between the 1st and the 5th I must present them to the Town Board. By the IOth, you must adopt a preliminary budget. Must be adopted by Thursday after Election Day. Diehl - make a motion that we meet Monday, October 3. Francese - can take all department heads and districts. Would you, by Monday night, have a simple idea of the budget? Monday October 3, 7:00 p.m. Seconded by Clausen. Unanimous. -8- Fulton - library committee wants to meet in a session with the Town Board. Have a meting on the 3rd at 7:00 p.m. Francese - make informal invitations to all department heads at this time. Diehl - include that in the motion. Seconded by Clausen, Unanimous. L. Clausen - the radio station, WHVW, has contacted me and is quite interested in what appears to be a problem of sewage in the Town of Wappinger. They would like representatives to go on open line tomorrow. I have already accepted. I would like the Supervisor to go on. From 12:05 to 1:00 to discuss potential problems and existing problems in the Town of Wappinger. I invite you. Quinn - warn the Board that we have litigation in the courts. Talking about water, that's another matter, with one exception. To talk about sewer that is in litigation, it is a fine line to pre-empt the courts. Fulton - I don't think sewage and water in the Town of Wappinger warrants this at all. If you want to be specific, generally I don't think we have great problems. We have one or two, maybe. Does not pupil prove to be pollution. I know, at this time, of no pollution in the Town of Wappinger. As a matter of fact, I don't see where. Do you know of any problems where we definitely have pollution? L. Clausen - indication for us to appear on open line to discuss problems we may have in the Town of Wappinger. Appear as guests of the radio station. I will say that I think the invitation still holds. Diehl - is he appearing on station as a Councilman? He can still be a taxpayer. Quinn - the only thing I can say is that we are defending two lawsuit. - one action by the County of Dutchess involving Oakwood Knolls sewer plant and another for damages of the Ritter Construction Corp. involving the water shut off. They are both pending in the New York State Supreme Court. Anything said as a matter of public record is permissable as evidence against the Town of Wappinger. No one on this Board would knowingly say anything detrimental to the Town of Wappinger. The other litigating parties could take advantage of anything said in conflict to our detriment. Another thing is that there is some risk, although Board members don't run the risk counsel has, Boards run in favor of advanced publicity on matters in iig litigation. My -9 - recollection is that this is a program where one or more mtmioaxs speakers attend the station and calls are put in at random from the public. I would assume that there is no way of how anyone would have prior notice of what questions are going to be asked. Fulton - is there any member of this Board who knows of pollution or contamination in the Town? Diehl - I know of none that I could speak of. Clausen - do you know, at this minute, that there is no pollution in the Town of Wappjnger? Fulton - we are under Jurisdiction of the Dutchess County Health Department. Furthermore, as far as the water and sewage problems in the Town of Wappjnger, so much has been made of this, especially in regard to a particular problem we have which has been kicked around quite a bit. I feel that the solution to this problem is on its way. It is not a pollution problem. I mights say that I have had ixsm *ki some of the effluent from this particular plant tested. Quinn - when you gentlemen sit here at the table on the floor of this meeting room, you have the protection of qualified privilege with respect to remarks not made in good taste. I do not feel that you enjoy that privilege outside a public meeting of this Board, and I warn you that regardless of your good faith. For example, if you said that the XYZ sewer plant were polluted, you subject yourself and the Town of Wappjnger to action to collect on damages. You do not have the protection you have in th4s meeting, and I warn you that for what *s it's worth. Fulton - I would like to hear from the Board specifically what this is all about. Diehl - I have heard various operators say that if you put enough chemicals into it, it doesn't have pollution. It's not a good operation. I think the line is fine, I think some of the operations are very bad. We still have a very fine line there. I certainly don't have anything positive that 1 want to go on the radio and state. Nov If any member has anything positive and wants to go on the radio and state* it, I think it is his right. I have heard operators say that by putting enough chemical *Imam in and shooting it right through, you end up with no pollution. I don't like it. Fulton - I see a problem. We have had a problem with this Oakwood Knolls system. A -10 - lot of publicity on it. Unfortunately, sometimes things get resolved this way. I think that the problem of pollution is well under control. If there are others, I am sure this Board should be aware of them. Diehl - I th*nk the radio station, and I myself will be unable to attend. Elaine - a letter.... Suspend Rules - moved by Clausen. Lafko - what was the end of the discussion? Diehl - I don't think there was any decision made here at all. Francese - no decision to be made. Fulton - I stated that I know of no pollution in the Town of Wappinger at this time. I think it is well under control and has been under control, and I think we're working towards a solution. Although the problems of water and sewer are very interesting and complex sometimes, I can't see going on the radio. Lafko - what took place, can I have a report of what took place in Albany last week? Fulton - you would like a report on what happened Thursday in Albany? Clausen - Resume Rules. Unanimous. Fulton - the conference in Albany Thursday was a conference which was a Joint conference with Assistant Soliciter General and officials of the New York State Health Dept. - Frank Bogedend and Mr. Dermit Reilly, Counsellor, Dr. Vassallo and Jack Hill of the Dutchess County Health Department, Mr. Quinn, myself, and Mr. L'Archevesque. The spoo conference was of this nature - we went to him and stated the problem. Each one made comments on the problem. As a result of this conversation, contracts came up between the Town of Wappinger and the awc owners of the sewer system, the litigation of L 8 A against the district. It was all mentioned as some of the problems that exist here. The Solicitor General thought that in view of what he heard, he would like to have a meeting between Counsel to Town of Wappinger and Attorney for Ritter Const. They would have a discussion and talk over some of these problems that we exposed to him, and he said there would be two meetings - first with attorneys, and next with Ritter and myself and Health Department. He mentioned that the meeting with the attorneys would be held within 10 days. Worona - litigation has been mentioned. May I respectfully request that I be included in that counsel. I think that we have a right, Fulton - Solicitor General chose who was to be at this meeting. Litigation was only �Mrr mentioned. There was no discussion. Worona - I should imagine we would have a right to be present at such a conference. The litigation was mentioned in this discussion and as a result of that litigation, we are at the present state of affairs, and I think we have a right to be in on any negotiations or discussions. Fulton - see no validity to your request. Quinn - this phase is the thing that stands out in my mind. The Solicitor General, Counsel for the State Health Department, and people from Albany are aware that not only by L & A, but also by Ritter Const. Corp. They are .aware of the fact that Dutchess County had action pending against various parties including the Town of Wappinger, with respect to Oakwood sewer plant. They know that a collateral action was brought by the County of Dutchess against the same parties. Myself and attorney for Health Dept. were the only attorneys present. The disability because of pending litigation. What the Solicitor General's office is doing here, he is trying to make a determination. Resolution of two points - I. Whether the material gathered on this is adequate. 2. Whether pending litigation will resolve the matters that are involved. 3. Whether Attorney General of the State of New York will decide to intervene or not in pending litigation. This meeting and counsel to attend were specifically chosen by the Solicitor General. What the Solicitor General's office and the Health Department want to see is a solution to this problem. Their suggestion is municipal ownership at the earliest date, and at the best means possible. For this reason, I think that probably this would serve no purpose, it probably would Just sea cloud the issue. They are going to call the heads of these various problems back in again. I would say this - Mat the Commissioner of Health of Dutchess County and a member of his engineering staff indicated that, to the best of their knowledge, there was no litigation of %ow pollution in the Town of Wappinger at the present time. Worona - we have, for a period of almost a year, suspended, at the request of the Town, any further proceedings. We are vitally concerned with the outcome and we would like -12- to know if it is intended at this point, in view of those resolutions, to await outcome of the meetings. Fulton - I don't see where UR sit it fits into the picture at all from my conversations. Worona - respectfully ask you whether or not, and how far, that has progressed, and whether we should anticipate a further delay. L. Clausen - you may have your thoughts on it, and you may be right or you may be wrong. I think a request has been made in good faith. I would like to see fairness to all parties. I think you, as Supervisor, should at least accept request and possibly ask Solicitor General if Mr. Worona could be present. There may or may not be need for it. 1 think a legitimate offer has been made to the Town Board. Diehl - make that into a motion. Fulton - I have been to this conference, personally I don't see where it fits into the picture at all. Francese - I think Mr. Worona has a legitimate cause here, and I think he should contact the Solicitor General. Fulton - I don't want to impose on the solicitor general. L. Clausen - I would like to make a motion that any requests by attorneys involved in problems that will be and have been discussed in Albany in reference to any plants in the Town of Wappinger, I think we should, in good faith, pass this request on. Quinn - any practicing attorney, private or governmental, has a right to call on any member of the court to request to be present, and he doesn't need the assistance of the Town Board in that respect. L. Clausen - I think we, as a Town Board, it is a the duty of the Town Board. Quinn - merely indicating Mr. Worona's power. Clausen - still make motion that we recognize that the request has been made and out of £CYRRs courtesy. Diehl - second it. When such a request is made, it is to help the Town, not to hinder it. Therefore, I second the motion. Francese - as a matter of courtesy, we notify Solicitor General that Mr. Worona has made request to the Town Board. Unanimous. -13- L. Clausen - is Russell Aldrich attending these meetings? Quinn - no sir. Clausen - suspend rules. Resident - a motion was made passed to have the Town draw up papers for purchase of the L&A sewer plant. Any report? Quinn - the authorization that was given to counsel and supervisor was to enter into negotiations for the purchase. Presently supposed that when negotiations arrive at a point where you indicate it is likely that concrete proposition can be offered to the Board, that counsel will present the proposition and will draft a proposed agreement which is subject to the pleasure of the Board, whether they approve of the terms of it, want it revised or changed, or whatever. L. Clausen - understood resolution that you were empowered to finalize price and contract to be presented to the Town Board. Motion meant that you were now to finalize plans for submission to the Town Board. Quinn - this gentleman is talking about L & A. I sat down with the principals and I feel that we have made very good progress. I assume that you intended to give us discretion to make a report of negotiations to present and prepare a proposed agreement. Francese - understood that we authorized them to enter into negotiations so that this can be finalized. L.Clausen - authorized to negotiate or authorized to finalize, there is a difference. The Town Board is waiting for the attorney to the Town to present to the Town Board what he and the interested parties had discussed, and we could sit down and look it over and discuss it. I think in waiting for such an agreement to come in. Resident - what has been done, and what point have you reached? Quinn - I have met with representatives of L & A and I feel that we have reached a good understanding and have made very good progress. Resident - has preliminary agreement been drawn up? Quinn - no sir. Fulton - he is working on negotiations. There was no deadline set. -14 - Quinn - good basis for agreement. Would be in a position to present something to the Town Board shortly. I think it would be disadvantageous for the taxpayers of the Town of Wappinger, and particularly the people who would be involved with the so-called L & A district, to completely divulge all information. Worona - stand ready to do what we fa will do and would do. Brings up matter of the other meeting. For one thing or another, something has taken priority and we have been pushed into background. Not talking about the sale of L & A to anyone else but the Town. We can't seem to get this thing brought to a head. Now the Solicitor General wants to intervene. The only principals involved are L & A and these people in this district. Why can't it be resolved? Dept. of Health and Town will be taken off the hook. Clausen - Resume Rules. Complex pKeg problem. I do agree that any time you start discussing Oakwood Knolls, this franchise situation seems to be a fly in the ointment. If it wasn't the intent of the Town Board to finalize a contract to bring to the Town Board, I would like to make a motion now that the attorneys bring a proposed plan in to Town Board as soon as possible. Quinn - I doubt that I can have anything done because most of my time will be spent in the courtroom. I won't commit myself to a dote and have you feel you have been let down. I have sat down, and 1 think most of the sitting down is over. If you press me any further, the trouble is now you're going to destroy any efficiency that I or my office have in this thing. L.Clausen - as soon as possible the Town Board would like to have a preliminary contract presented to look over for the purchase of the L & A Filtration. Seconded by Diehl, Unanimous. Worona - does this proposed meeting preclude anything that resolves this negotiation. Clausen - the attorney cannot put the Town in a position to follow any negotiations that may take place in Albany. Nothing will be decided upon until it is reported on *km to the Town Board and the Town Board takes action on it. Quinn - that is so as a matter of law. Elaine - the recreation commission has asked me to ask the Board to have an executive -15 - meeting with them. 'fir Letter in reference to Dutcheas County airport Extension - Diehl - I would like to say that the letter is very straightforward and to the point, and also as I remember the feelings of each member of the Board, I feel that we did make this t stand and we made it very strong. We have now become a real weak sister on it. I think it covers the entire Town of Wapninger. Also, the Village was definitely interested and against it. I think we should still stand as straight as we did and take any legal action along with the civil group. We said we'd fight it to the end. I remember each Board member said. Fulton - first of all, what the Town Board does is the perrogative of the Town Board. I have had no reaction. I think the wording of this letter is repulsive and disgusting. I think /dm mattng it is like a child. We've done about everything we can do on this. I read this letter and it made me a lett itakz little bit sick. Diehl (to Fulton) - no question that the legal attorney, Town Board, and yourself certainly put in a lot of time fighting this. I think the point is now that we have let down. We're not pushing, we've stopped. Where do we go from here? Clausen - possibly we don't have all the facts here. What has the Board of Supervisors done to finalize action to go ssuthwest? Fulton - no question of the position of the Dutchess County Board of Supervisors. Clausen - what are steps to defend our position? Quinn - Mr. Diehl wasn't here at an adjourned meeting held on Sept. 15, when Sardo and Harding and other members of the Quiet Acres Assoc. were. I don't think Mr. Francese was here either. This letter, incidentally, I was a bit surprised. I was shown a copy of this letter about quarter to seven and I was a bit surprised in the contents of it. A gentleman from -16 - Quiet Acres asked Supervisor what action was taken by the County. They lkim„ were informed by the Board. Counsel was called upon to state what rights we had to oppose this matter. They were advised that we thought the Town of Wappinger no longer had any legal status. The only action at this time would be a taxpayers' action under Section 51 of the General Municipal Law. Some member of the public that night asked what our success would be in making application for both temporary and permanent injunctions. We informed them that we thought it would be impossible; tip malt mum a tkraat to show threat of irreperable injury. Members hear that experts were indicated. I advised people from Quiet Acres and members of the public that night that what was involved here was possibly of the invasion of their privacy and detrement of their rights. The Town has no status to bring taxpayers' action. Astoppe notice tublished last Thursday. night. Quiet Acres people have 20 days in which to instate a proceeding. Sow If this town institutes any kind of a proceeding it will be dismissed somewhere in the courts. I indicated thert might be action on the part of the individual taxpayers. At that sage meeting, those who were present accepted, for what it was worth, my explanation of my legal position in the matter. They then went into a discussion of the possibility of increased hazard; necessity of control tower being erected. Possibility of investigation being called for by having this Town Board writing a letter to Lafko and having him call in t experts. It was said there was m no sense in writing this letter beoause such a letter was written awhile ago. Any lawsuit must lie with the people who may or will be directly effr tRt affected by operations resulting from this extension. Fulton - Bring out this point, I don't know who gets the credit for it. There was some question of an ILS system being extended to that airport. FAA has rejeoted an ILS approach. You're hearing our attorney's advice, you either take it or leave it. Eck - what about Jackson Road? -17- Sardo - that letter was written as President of the Association. We had a meeting Monday night. I must act on behalf of the members of the association. The people of the Association read the mixt newspapers and the past few weeks are ansa also knowledgable of the inaction. It was right of the people to wonder what action was to be taken by the Town. I can mg suggest that the Town let their attorney come into our lawsuit as a friend of the court. Village is interested, Jaycees are circulating petitions, other civic associations are opposed, petitions are int being circulated county wide. This looks to me like a clear case of wasted money. The airpirt is located entirely within the Town. There is a time when the people's feelings must be recognized. Fulton - tell the association I think this is a disgusting statement. As far as the conditions of the ILS and taxpayers' asttm suit, there are grounds under which a suit could be instigated. There was a possibility here of a suit. The situation k there has changed. They've eliminated this ILS and they have gone to this 1,000 ft. extension. Degree of safety has moved in our favor. Sardo - runway that's not for the public. If the County can go out and ask for money for one private interest, why do you say the Town can't spend money for private interests? Quinn - back in April the Supervisor and Town Board indicated they would take legal a otion to prevent extension of this runway. We appeared before the FAA in Washington. We appeared at Kennedy Airport. In behalf of the Town we did achieve a certain measure of victory in this thing. The FAA refused to give funds for the extension which was proposed. They have indicated their intention to restrict weight loads on aircraft and so forth. Instrument landing system. At the hearing at Kennedy it was developed that if ILS was formed it would come up the main street of Quiet Acres. I have a letter in my file sent by Quiet Acres Civic Assoc. thanking us for the efforts we have made in this direction. There comes -10- a time where from a legal point of view there is no possibility. I have weighbd every side of this thing and if I thought there was a possibility of success in litigation we would have been in the courts by now. Flattered for your suggestion to have the Town appear in the courts. Doesn't work in every situation. This Town has no status in taxpayers' action. The residents of Quiet Acres I am sure will have some of their properties violated by the extension of thes proposed runway. Any taxpayers in the Town may institute x sup nfactionThere is a taxpayers' suit in regard to to this whole4situation. Both from our own position as counsel we kit know of no successful means of entering litigation. Sardo - no action by the Town and I get the impression that we as taxpayers do not have much to stand on. Quinn - I did' -not say that. I can tell you without hesitation'I would take the taxpayers' action. Eck - petitions all over the countyt Fulton - I don't think it would have an affect. Worona - I wanted to raise this possibility. Assuming that there isn't a real lawsuit for the Town, but there is a taxpayers' action brought, that will be brought on behalf of the Town. The Town has a vital interest of the outcome of this lawsuit. In that connection, I don't think that if an application was made to appear as amigiions curl, I don't think the application would be rejected, but would add weight to it. They may not have a specific interest in the outcome. That is the direction of an association of that type. The net result here is going to affect the entire town and everyone thereof. I should imagine it would certainly lend support. Quinn - an application to make an appearance on behalf of an official body Nolr is in the discretion of the trial court hearing then matter. Thera is never a guarantee that a court will grant this. There is only one problem in this. No matter who the client is, there is a requirement for a fund on -19 - appearance of amiglious curl. %tor Worona - if the runway does accomplish what we think it will, without the extension, I think the town might have an interest in it and I don't think the expenditure of funds would be considered unconstitutional. The Town is vitally affeoted all over. Diehl - in regard to the funds, what would an application of this type cost? Quinn - it is difficult to tell. I oan tell you this, if a taxpayers' action is brought, there is going to have to be quite a fair amount of money iv spent for expert testimony, engineering, and so forth. I think the I County of Dutohess has demonstrated that it will appeal such action as this. I oan think of legal fees running fairly from $4,000 to $15,000. I can see this thing going on for sevCral years. I think the legal fees would be rather small compared to engineering testimony, aviation testimony. Diehl - information is of no use now. Vi,,. Quinn - I don't think anyone oan stand on the grounds of safety. Invasion of property of rights. Any lawyer that conducts such an action will need the testimd►ny and consultation of ins experts. Resident - stop them from floating a bond issue and stop them from putting it through. If you put them off, you have accomplished one part of your objective. Quinn - gain of private parties. Resident - not for the gain of private properties. Creating a public nuisance. Worona - I can appreciate the concern of the cost xmor to the Town, but here again ray= you seem to be part putting the dollars ahead of livesi If we are going to start talking in terms of dollars, start talking in terms of lives. Substantial segment of its population. It sit either ought to 4'' or ought no. It is the concern of over 500 families. Diehl - is it possible that considering that the Village is interested in this too, could a joint suit be brought with the Village? The Village has •20- gk the same impediments and same disabilities as the Town has. Woroha - what would be the harm of setting up a joint meeting? I think possibly this might have a joint interest. Maybe the funds could be found somewhere. Resident - emphasize Mr. Sardo's position. The letter is harsh but they are m only a few t questions that have been asked. The two questions especially regarding IBM. The residents have asked the officials to ask this question. Fulton - under those conditions I think it is disgusting. Resident - will the Town and the members of the Town Board publicly announce? Fulton 0 Board is not authorized to act on this tonight. Resident - may I ask thet the Board consider this be made into a resolution. Diehl - suggest we meett with the Village Board or contact them in this matter. Work to back up the Civic Association. Clausen(to Diehl} - I agree with you. You said the people have 20 days, 1IN, would this go for us too? Quinn - the only way we could commence litigation would be to seek injunction on the basis of 'km threatened 1is.0..1tkts irreperable injury, I personally feel that would be an abuse of our professional ethics to commence such litigation. I don't think I can put it atm more strongly than that. Frandese - taking it under advisement to meet with the Village Board. Worona - Town consider to ask Board of Supervisors to put the matter on the ballot. Rulton - brought it to a vote and it was turned down at the meeting of the Board of Supervisors. Diehl - going to contact Village and go into this in a joint fashion. Motion made by Diehl, seconded by Clausen, to adjourn at 10:05 p.m.