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1966-11-03SJ P TAe Regular Meeting oef the Tens Board, Town of Wapp i ngev , was head or Thursday evening, November 3, 1966, at the Town Hall, Mill Street„ Wappingers Fa itis, New York. resent: Joseph H. Fri 1 toga, Supervisor Louis C. Clausen, Councilman Witham J.. Hger, Justice of the Peace Louis D. Diehl, Councilman Vincent S. Francese, Justice of the Peace Elaine H. Snowden, Town C!erk Others Present: Joseph U. Quinn, Jr. Attorney for• the Town Harold Reilly, Attorney Joseph E. Ludewig, Building Inspector Knud Clausen, Highway Superintendent A.W. Vandewinctcel, Planning Board Chairman The meeting was called to order by Supervisor Fulton at 7:05 P.M. Minutes of September 15, September 20, September 29, 1966 were tabled. Reports of Justices of the Peace, Building Inspector and Supervisor were read. 1Wiii be typed in Official Minutes/. Ordered received and placed on file. Bilis were presented in following total amounts: General Fund Highway 516,748.73 12,578.70 Mr. Diehl made a motion that the bills be paid, subject to audit, seconded by Mr. Bulger. Unanimous. • Fulton: We are moving item 09 on the Agenda to Item #4. Before we hea; from Mr. Zak, T would like to propose a resolution to the Board. 1 am .:,rare we're familiar with the problem on Dorothy Heights. 1e. Fulton proposed the following resolution for adoption: For the safety and general welfare of the residents of Dorothy Hecht Rad and in action on their petition forwarded to this Town Board signe'l by e large majority of the residents of Dorothy Heights Road requesting reetric» t ive measures to retain 'the safe end pleasent characteristics of this elanned re ,ieentiet area. The Town Board so directs that Dorothy Heights RF- be '01✓ eetzbl iened as a dead end road terminating at the extreme southerly end of th:' now established and accepted road richt of my and further it ;‘,; au tteDr (ed and directed that th,? Town Superintendent of Highways, soon z..5 Oen Beare Meetie Noeembe,:- 3 i9e.el reaeonaby poseble, cone'Zruct o bereler o‘i permanent noere, eo ae t7o obstruck any fuetnee poteniiai trefc solum which night contemplaTe eney excess to southerly end of Dorothy Heghts Road, onded by Me, Diehl. Resolution duly adopted, tee, Zak thanked the Board for the decision they just made, and stated if the; ere any legal suits against the Town 65 far as Dorothy Heights is concerned, e Board would have over 9016 of the residents behind them. Ae, maleolm Cornell - i have on the age de two thince firet is The resolution giving beck bond 7c, bonding company on Wildwood Forest. 41:°. Knurl Clausen informed the Beard that ;oe and the Engineer to the Town hod e)specteJ the work and found eveeythng coerec, and reccmmended reeaee oC. Me. Cornell's bond. Mr. Bulger asked Mr, Corneli 'to describe tvat the bond covered? Mr. Cornell stated that it covered the -taking out o pipe end pultIng in 04. a larger size pipe; rebuild;ng two manholes. CLocalion: Wildwooa 7orest, Section 1 on the way to the partment house section). Molion wede by Mr. Doh / to supend rules, seconded by Mr. Clausen and carried, to permit a question from Mt-. Fenvelle about reseeding where the ; have been replaced. Me. Fulton moved 1Z0 resume rules, seconded by Mr, Bulger and carried. The folloW1ng resolution was proposed for adoption by Mr. Clausen. WHEREAS, en application has been received by this Board from Malcolm Cornell, inc., requestng na/ approval and acceptance of the improvements to correct the defects in the storm sever trunk line and outfit ditch of the Wildwood Forest Section t ubdivision as defined in the engineer's report previously submitted to and approved by the Town Engineer, upon which the resolution of this Board of September 9, 1965 was adopted seting a performance bond to complete the same in the amount of Mine Otousend (S9,000. Dollars, and WHEREAS, the Town Engineer Town Superintendent of Highways of the Tmn of Wappinger has repo0,e6 th:s ElDard In'! lhe eatisfaetery eeee€:or- veNlade, r, ,vee Booed Meet ng November 3, u S tach WHEREAS, It appears that the applicant, Malcolm cornc1i, Inc„, has complied with and fulfilled all conditions pertaining to the correction of said defects as pertains to said $9„000.00 performance bond contained the +resolution duly passed and adopted by this Board with reference thereto on the 9th day of September, 1965. NOW, THEREFORE IT IS HEREBY RESOLVED, that this Board does approve and accept the correction of said defeetep and it is further RESOLVED, that Malcolm Cornell, Inc., as principal and Peerless insurance. Company as surety, on a certain performance bond heretofore posted with the Town of Weppinger on the 9th day of September, 1965, guaranteeing the performance of said corrective work, be and they hereby are released from any and ail liability on said$9,O00m0O bond, and it Is further RESOLVED, that this F3oaet, does hereby conson t that the said performance bond be cancelled end exonerated forthwitha Seconded by Justice of the Peace Frencese. Resolution duly adopted. Me o Cornell: The second reason I am present is in regard to the resolution "nvoIving the road specs of the Town of Wappinger that eere passed this past March 65, I'm not appearing here to go back to the old specs. I'r►t appearing here for only one thing. I'm asking for a resolution of the Town Board to clarify the situation before I proceed any further. Mr. L. Clausen: i sent Mr. Louis Lefkowitz e copy of the resolution of March, 1965'., and the interpretation of Mr. Quinn, as to the resolution along with an effidev}t signed by Mr. Diehl. 1, Louis Diehl, currently Councilman of the Town ofVlloppingers, proposed a resolution on March 4, 1965 relating to the upgrading in the road specifications of the Town of Wappingers. This resolution carried unanimously and was du;y adopted at this meeting. 1 ecn positive that this typed resolution presented for passage et this meting contained no modifications, no alterations of workds, no crossed' out words or "written over" words, and In short, no changes of any kind. No discussion was held et this meeting on making any modifica- tions or changes, etc. The intent of my .resolu certainly not to give release from the new updated road ep'r c i f i cea t ions predicated upon an application n Ec3red Mage ing -4- November 3, 9t56 %Impe`�f`y.. .apse l im eery layout". A a subsequent meeting of the Town Board, when the minutes were proved, no changes, radii i c& &ons etc. were considered and the approval ei? tee minutes of the Mss ch 4, 1965 which :as typed in the original farm. si Louis Diehl, Counc Irrc n ;tA,,-, Clausen: Along with that afridavit, t sent this letter explaining what my concern was. W i dare r Road Wappingers Falls, 4,Y. Oct. 18, 1956 Mr. Louis Lefkowi tit Attorney General New York State Office Wilding Albany, New York Dear Sir: Three documents are enclosed: fir► Document 1 is a copy o an original town board resolution i n t ro' aced by eouncilman D teh t and adopted on Meech 4, 1965. Your a t ter t ion le directed to paragraph 5 and the last parageeph0 Paragraph 5 states: "WHEREAS, it °s the desire of the town board that these requirements be effective inmediePcaty and that all those who bee: not made formal applications for approval of subdivision plats" ---(italics minel. This very clearly states the intent of the resolution which was aimed et prevention of acceptance of additional sub -standard roads whicn had to be rebuilt at taxpayers expense. The last paragraph in Its or'+ginee text reiterates this position and states: "RESOLVED, that these requiremente shalt become effective immediately end that al! new roads, except those 'n subdivisions whose dreetcpers have made formal application to the Planning Board for nal approve!, must comply with these specifications." (italics mine'. You will note however that the original text o thks eesolution has been changed by crossing -out the hyped word eetefei end hard -printing above it "PRELTMANRY" (presumably a misspelling of preliminary). The effect of This alteration in the interpretat"on of our town a',torney is to nullify :he intent clearly stated in preceding paragraph 5, The results is that some builders have pe t i t i oneci to ceche under the t; I ,:I road specifications. Even though they do not meet the stipulation made in Paragraph 5, the town attorney has said that such petitions should ire granted. (See Document 2r k 'fou Tar readily ee that such an interpretation, if allowed IO stand, could resuU in the town spending many thousands of dollars to cm Boord PAraeing November 3, 1966 aepear adCConal sub -standard roads, taeument 3 is a statement from Councilman Diehl, the author, of the reoluto to upgrade the road specifications. It clearly states that the alteration was not Introduced nor approved by him nor was it even discussed. In addition, taere are several taxpayers who attended the March 4, 1965 meeting and all are prepared to stale that there vas no discussion of such a change nor was there formal action taken to change the original text of the resolution. I, therefore, ask your advise as to the proper procedure and seek your assistance to ensure that the intent of this resolution es defined in paragraph 5 is fully applied to protect the taxpayers. Our town attorney levied is public, personal attack against me on October 13 when this and other matters were discussed at a town board meeting, so I must seek assistance from your office to protect the taxpayers. By copy of this letter to Comptroller Arthur Levitt, I am requesting that 11;s office also render assistance in preventing en unwarranted commitment of tax dollars, will appreciate a prompt response° Very truly yours, s/ Louis Clausen, Councilman Town of Wappingers I received this letter from Louis Lefkowitz: November 1, !966 Louis Clausen, Councilman Town of Wappinger Widmer Road Wappingers Falls, N.Y. rear Sir: lour letter of Octoer 18, 1966 relating to a reaolution adopted by tha Wappinger Town Board on March 4, 1965 relating to approval o eubdaiision plata hes been reeeived. The Attorney General is unauthorized to peas upon the validity ao the interpretation of resolutions or ordinancet of local munici- palities= Further, whether or not en alteration was made ;n this particu- lar reeoiution subsoquent (;) the adoption thereof by the town board as you eooteal is a quaon of fact, anA therefore can ony be rarmre;1, by a cc -:,or of rompWent jurisdic.Afan pcw evidence Very trLOy yours, J , Lefkowfit %or a --6-- November 3, 066 M-,, Clausen: 1 did .fry to research this and gei another interpretation wonders, 1&,-. Quina, as Town Attorney you would or in fact, by low Mr, e..efilow;.t : could advise on i interpretation ation of she Ordinance, ec,3, f you requested so Ar. Quinn- A:s a me ter cot? fact, I than- One letier speaks for iiself. -he only way this matter could be resolved,; - facts ar-e not quite necure Ye about the opinion ' a tecl, - but the os= V y remedy for your -esolufion is to seek legislature. The only tilting I can see would be action for declaratory Judgement, - Supreme Cour. 'r A"r,. Clausen- !'m- riot sure, in my mind, the way the original resolution +yes crossed out, not signed, not ciocumentez, the stating of the first paragraph and the last paragraph where "plat" s crox:ed out, obviously ' the Town Board should not go against your interpretation, but l would lie to see how this can be cleared up. Mr. Quinn: The interpretation iso the resolutcon was entered in appropriate fashion in the minutes of the Town. As far as the resolution is concerned ;t _peaks for itself. Mr, D eh l : I vuou l d like to oak other members of the Board for their recol It>'ct ions, Mr. Flul r; I remember some discussion of it. 1 don't know how it got on : ,t paper (referring to the typed resolution prepared for presentation to the Boar) and I don't remember seeing that paper. 1 do rece l $ that are had the advise of counsel that if anyone had received preliminary approval, we could not chcige the road specs es it applied to them. Mr. Frencese:' ' also recollect some discussion, 1 think the discussion was et the adoption e. that resolution, - discussion es to question of whether or not people who had made application for preliminary approval could possibly come under the specific-stions, It was my understanding, - 1 differ with Poor,• �,"•j?C r =raRerri€<,:cer mo&P :o my '-.oty,c11;efts, waz noThivig ';ne r Wlan. chniig?d o prei:nary, nm sure t o • F?-e„:2,:ese 1 1 t:fai mr. Re11,,, who suagesedo 17he te, Mose pef':,,on who haj rwpic.Wor fc premimty ;,Avoia4 up to he ot The eco. on othe eco;a4::n wovt4 o urte,' new Tilii Vila! lic:Ont bi--hg -ihe e wo6 Onbnoed ;;n!'ZotilO Oo soia te worj "pyeloac-1"? We:re ru wAnove Wv0 -vp,c,La ,rNm? WC e :.)Le o: ,he Ecia;d? • Cc' l: . it-Nhen you b-'ountl Thls -eso;ution trar d^d you no' ZYPe th esoJutior up? ,f,!‘ D eh : It we done by he attorney or )own Cperk/s o -f oe, I dor !Inow h Lorn:;i Befo e ter was passed? Ai D;et Refof.'a Taz, pa..ased„ (0 veoc; e:::duof,? Do you emembe, qc r4o, p,e; 01 no - • ::04n1 nJ to ", Cn ka,a' .-aece, t:A?lf„ “Jno be ,egai het 1 t:oh ro, • Qu'nn 1,e1Z ;s you de'a Cornell: lhat toe de., mmal:on of an • gu!nn: Mak "s per-roolt;vo. n'e•fact YkA the ce,z,o)ut:oil , type - • en‘ ee3orc:s of this Town arl me fact 'llat 1 exan:neo ine dvvo on - , ncieo- P, ar ei-1.E? r i;, :own 130b .4 Mee ng No%Jerbe 3, 5.? +6 would state that presumes a ye T .y drone as6urnpt.on. Cornell: Mr. Mehl, a we you the author of this, resolution? Miro Qu`nn: He offered the reolution. 1 .m told Mr. Reilly, then counsel to the Town drafted the resolution. Mr. Ca;Ae 9: Under whose direction? Mr. Diehl: Direction of this Town Board. Mr. Francese: The Town Board directs the attorney to draft resolutions. There had been many meetings on this. Some were executive, some were special. A resolution was required, the drafting was required of the attorney. To the be of my recollection, there was discussion on the matter after reading the resolution and there was discus la on thosepersons who had made eppl ica- tYon , MA: -o Cornell: author of the resolution? Mr. Fulton to Ar. Diehl: You brought it to the attention of the attorney? M-, Diehl: Attorney writes it up in legal term Mr. Cornell: As a resolution Is typed up, isn't it a course or legal require- ment equire-rn nt to have any changes initialed by the person who is making the change? NLY,) Quinn: When counsel gets a request from the Board Ve prepare a resolu- tion , they draft it for them and, if under consideration, the resolution meets with the approval of at least one member o' the Town Board, he offers It and moves its adoption. There could be any number of reasons for a change. It isn't unusual that between the drafting of a resolution, d-:scussion, and adoption that there could be a striking out, or addition. snow of no rule which would prevent such action. I know of no rule het pas --b ins: ;10 an t is I ing, i ey 5PCOM.A par oi the record and it is the sworn cuty or the Town Cdrh s`.o repsodur:.e the i-eeor d uz.eerateiy., C.lau`sen; The tion; g oq k2 I tse “.5 bu lness of fovvia1 r,np' .' :l on„ N.f`'` 't 4 :' , f4.)rn eppl r .,as RW) me ar;r,. %ay 7own Boz est2eRAily -9- November 3, V966 ;w.) pre l imncry. but Gird neans 7Lim* w7ren a 4eveloper comes lore rhe Panping Bozir. panscciape,:rlias everything rotd and the Planning Board acep1s subdivis;on plans, coMplete, Formal plat is alweys used togelher„ The wor preiminarY means exactly that. it has nothing to dO with formal approval. Developer's come before the Planning Boaed and talk about what they might do, "Where developers have made formal application to the Planning Board for plat approval" word forMal crossed out and prelJminery written in. I am told that formal and preliminary have no meaning. Mr, Quinn: The word generally used in subdivision regulations relating to submissions of plats - there are Win Words used -:- one is preliminary, the oilier is final, The word formai could apply to either of them. The word is not Aormalty used Mr. Cornet!: isn't there something in the subdivision regulation that gives the Highway SUPerintendent authority to go in and upgrade the specs at any time? Mr. Quinnt The engineer and superntendent can make an e rly review and can upgrade these specs any time they fee, like it, it's standard prai.ze, Nr. Cornell: I am reques'Ong Town Board lo direct the Superintendent of hgtlzrays to do see Fecess.a 910 Peoonvened e'Z 9:42 AY„ Futton to Moro Corne Did ;yawnt k) make any more points? Conelil wougd like to see some action row. M?„ Fut IT the drimision of9->ha SoaA to °::able U:s, We are prepared Will tev,, Quinn and Knuel Csen cjo W:o t /,-ther? Tr ;,7 r1.7f. vi H oiwleg l.e Yer'a; were receivedt Town 8oe' d of the To of W pp esee rown Ha a 1 Wappir:gers Falls, New 'gee Ge c ene : November “366 October 26, 1966 I have been i r-ected on hena.l f of Spook H P 1 Sewerage D?sposol Co,, inc., a proposed 'irensporta't ioor corporate ion, papers for which were submitted to your Board, to edvse you that Ule subdivision of the.premiees situate in the Town of Wapp!inger, rich ae e io be serviced by the peopo ed corporation, vs'; l l be °one tiered agaln by the Planning Boaed o i the Town of Wepp i nc!er at its meeting on the 7Th day of November, 1966. The oreeere of the development have been e4e ..zed :y the Plaenng Board turas it will corrsi.3er the t ime l rn`;'ia t Ron for be r appl ieat o -t to haee eepeee on the 71h os Hoven, r, 1966, unless provision ee rade for se rage d i eposa l . The Board has `u.elJ.er indicated 'it will not extend the thin a. Such as'�_ ori on beha9 i f of fhe Planning Board will result 3n great f nanc M I disadvantage so the owners of the proposed subdivision. ft reep c t fu l l y request, therefore, your Board ac' immediately upon the Certificate of Incorpor-ra a: yon as provided by law. I n ld i t on, my clients haave directed rye to edv i se you that they are Wiling to undertake any aI'ternative proposed by your Board. in brief, 'nsy are egreeeble to hooking into the Oakwood Knolls Sewn; District, upon reasonable teome, and 'they will consent to have their premises included in an extension of the Oaewooii Knolls Sewer district, or any other sewer district n the Town of Wapp ngerr which your Board believes ce'ebie of servicing the prem i :se s o Further, the developers will enter into a wr i t ten contract, pr iv'r; ing 1;at V your Board prefers n public diStr'ict, they will consent to the same, r�clu.t+e ther premises and upon form tions of the dristrict immediately dissolve the cor-porc,'t yon„ in brief, they are willing to become part of a new public e stric•I, hook into an eeisZing district, become part of en extended clisleCct, oe acquiesce in any ollvr reasonable request made by your Board. In the meantime, however, v'j lh Cialq of tate esee cer , and threatened with the ; rnpend- ng proposed action of the P r. arty : r g Board, it wou I d seem that the mo ` fe rs° b!e solution would be to consent; to the formation of the transporter ion eeeporeat ion et ono.e, upon coeds t ion that the sarrre be dieeolve"•I should your '3eard, at e; future cage, eequiir'e inclusion of 'the development in a puel is detrict. You rr y accept this !et>'ee de conserr and agreement by Sem }Hankin, the Seel eek eloplTent g'O the o'eove col dined metiers, Very truly yours„ e e I E. Al€rr ich ct:;!'f -f i - November kr i ::i ',`r 3 i; be e if r• . •=pork Hili F ate>enc,, and prop . ped Speoe Hill SeE,eragw D ;i 5po_.a 1 Co, i hereby consent to `Oc fo ego i ng and agree to perform the same as required by the Town Foci o - the TcwP o`r Wappingers. November 3, 1966 Town Clerk Town Board -ton of Wa3ppinger Re: Wiil,am Lisofsky, Central. Park Homes Subd4vision Near S. rs : Our client, William Lisofstay, presently hes a preliminary approval from the Town for the above mentioned subd iv i s eon , He has been granted extensions, however, ae he has not been able to obtain sewer servoce. lie hae made diligent efforts to secure this service but to no avail. This office ,has '.een infosnned that the Town hes contracted for the purchase of the Ritter Sewer Plant. With this fact in mind, we would like to ask this board to provide some form of sewer service for this development, We would like to get into the Ritter plant or what- ever new transportation corp. the Town will now c eve lops This is of utmost import to our client. and we greatly appreciate this board's consideration of our needs and the good of the entire town. Sincerely, r3R. NT AND PHILLIPS s/ Bruce A. Rogers / Resolution, authorizing negotiations for the furnishing of sewage disposal ;;: vices to ce`tafn r a scnfiai 6ieopments was presented for consid::`'atrono Mr„ FulOen: We have a further resoluticn here f believe. We have another resolution we would like to f:e4e considered tor,"sght which woutd he in ::on jun ctiory with thi,4 o:l:_ `!..f: want do jet ;eying out a targe districts ty 0F$(,e'.'o:`,.A Knolls ,y:•tW`, s, `'r`i'a i�„ 1n :x;e TownWapp,qsir was a,so presented for consider ` c:a 'art got:: We ha, e a genera; :'eas;tai t sy rMe by Adler and i3rennet . dpi was referred ho 181 here. W.i*t at w' .n? our Town `'°ngineer to come ,p w;'h ss a rm:1't - dotiar•s and cents. This is wha"C both of there resolut°:ons proJide 'or. Mr. Quinn: We have obligations to operate Mr, Diehl: Can we go in and use property that isn't ours? !e1r- Quinn: By the terms of the agreement. Mr. D eh: r 1 would I l ke some comments from Mr. Vandew incke i , before we go any further M. Var1ewinckel: 1 would comment in the form of a question, with respect to wIla s is trying to be eve l oped. Mc. Fulton: At least 'two developers wi I I come before the Planning Board., la,- Vendewinckel: i Tank to come before u3 is the neat - en application for final approval she be done on the strength of these resolutions. Mr. Fulton: As far as you are concerned, the developer warts to come 10 you with pians for sewer and water. M . VandewinckeI : For final approval, they must have approval of the Board v' Health and this does not constitute that approval. Mr. Fulton: What we have to say here is we intend to went these people in the f,:^rma"f''t"on of our distract. In tlx: event of a collapse of this plan; they would be allowed transportation corporation. Mr. Quinn: With respect to Spook Hi I I and L isofsk.y development, unless we v arta n these applications to give them public service, we have no a! t,,-ne-- i,ve but to give them consent for transportation corporation under thw circum sanees.. ';1e're subfec::t to attack on ran article 73 proceeding, Ciao er, tc, Mr. Vandewncket: The extension to November 7, dors this nc ude old or neweeroad specs? My, \l ndej ; n'P.l:k : C`s''.i .R °•; fns;: j rp. +:5 .:ilE';�Yu: iitsLb ku.huod you bass yeuf' :q:Xl,er:.,cn Fo November %: i itirn un °.sYs op ri ]on that du. a,:u"-. the , yxk, ;e Sween is%r- h and Auqu&sk they hac " irne :o otga` e;•:'re the Board but they ;qucu sto i understand extension ran out fn Mr V anile: i ncice ! ; The preliminary approval has no et:p i red in Ifav&c{g some beyond the date it was originally permitted to go. Mr, Clausen: Wal was the be s.i s of the granting of the other ex tens $on? believe M9•;, Haniton came before the Planning Board and staled that the Town BoarA I,' d tasred frim nol to develop because of our municipal sewage problems the Town, and if they wou 1 d wait end coop.: ra to we wou t d grant them an extension,. Mra Vandew i neat i a He had d i scuss i caps with 'the Planning Board Mr. Quinn: Souse time last winter, Hankfn's corporation made an application for consent to form a transportation corporation. That application is still pending before this Board and has never been withdrawn. Some time in February, March,, Or April, there were other developers similarly situated end application cams before the. Planning Board roughly in April. At that time, Mr. Vendewincket requested en opinion from counsel on how to act. We sent en opinion letter stating that the Town Board had effectively prevented these several developers from executing applications for final approval. We gave en interpretati;n of the 6 -month clause in the subdivision regulations stating Planning Board had no alternative but to grant the extension. I think the Manning. Board quite properly 'hes followed 'the' I Fnes of that spring cspslion,; Mr. Chit erg; I'm not questioning application for transportation corporation. I'm questioning the new vexed specs, Sciea_ the Town Board, from period of March aa,la„;+s,?t,, htid in no way co tacted Mr. Hari' n that he would et another extens on {^q6 { ,.. �. Y ct:LO: r:!'s ill: vam i'at';. to us - that exto3`{ tor! was - Town curd Meeting --.I9- November 3„ 1965 ance 1 et or terminated August 15, that is ane thing, f the Planning Board gibes cppr• ova l to November, i t makes a big difference. Mir, Quinn: I think the Planning Board has no alternative but to grant an extension for these applicants. There is still aro application pending, If they are entitled °n Apr;l to receive an extension on basis of old specs, they would have to grant extension in August under the same conditions. Mr. Diehl to Mr. Vendewinckel: You're trying to put across the question on new road specs? Mr. eleradew i ncke l : When we grant preliminary approve l , one of the things we epee i ft' is the roads. When we -'have granted an extension, it is granted on the same end i t ions as on the preliminary. Motiani made by Mr. Bulger seconded by Mr. Cteueen to suspend rules to permit discruseion of Mr. Harkin's extension by Mr. Keeler, ,On rix,ton of Mr. Bulger seconded by Me. Francese rules ware resumed. Nee M,. Clausen: By one action or the other either extension or the right to go ahead It would simply be on the basis o4 when this district would be formed. Me. Aldrich: We agreed that if you gave your consent tonight, under article IO we will dissolve that purpose Immediately upon your request in the event we are in e public district. I don't see how we can be any fairer than that. We will form corporat;on which is en expense to Mr. Hankin and dissolve it immediately. Give us eome kind of help so we can Justify for the Planning Board. W. Diehl: Legally it seems to me that the Town does not own the Oakwood plant. Mr. Aldrich: Grant us permission to ,form a transportation corporation - t agree to c `solve it when we get there other things worked out. Mr Bulger: I known that you said 7n your letter that you would acquiesce in any eeesenab I e request made by the Board, wou I d this include opeia t ing under the new r-oed specs? Mr. A R dr ich; l neve haan1 al u'a The specs thing until I came here torr i ght ; v Suloo wTend rule to permit t<'ayfi Eco"" is Paoli t no -l5- November 3,, 1966 ora of side issues of the Oakwood Knolls sewer plant by Mr. Lafkor, ;yam 0!:? r gde by Mr. Bulger seconded by limo Clausen 'to resume rues r > m nute recess at A):57„ Reconvened at l 1 123 I;;:-, Fulton ased Oe Board if they now wished to act on the two resolutions that were before them. RE SOLUT ICN , TOWN BOARD, TOWN OF WAPFINGER, DUTCHESS COUNTY, NEW 'YORK AUTHORIZING A PRELIMINARY SURVEY FOR THE FORMATION OF A SEWER DISTRICT IN THE TOWN OF WAPP 14GER Proposed by: Mr, Bulger WHEREAS, the Town Board of the Town of Wappinger has entered into an agreement for the purchase and acquisition of the Oakwood Kno I l s sewage treatment and disposal plant and collection system,, and WHEREAS, the Town Board of the Town of Wappinger anticipates entering %mr, into an agreement with ID S A. Filtration Corp, for the purchase and acquisition of its sewage disposal and treatment plant and collection system, and AREAS, it is the intention of the Town Board of the Town of Wappinger that the aforesaid facilities be utilized to provide domestic sewage C spo at service to residents of the Town of Wappinger, and WHEREAS, it appears that such domes t i c sewage disposal service shou i d be furnished by means of a special improvement district, proveded that such district may be feasibly operated, NOW, THEREFORE, it is hereby resolved,, that Messrs, Milton Chazen and Vincent C'. Kelley,, licensed professlonal engneers„ be and Illey hereby are au thor u zed to mace and conduct a study as the fees i b i t i ty of the format ion of the aforesaid special improvement district, and that in the course of conduct of such study, said engineers utilize the services of counsel to the Town of Wappinger, and that in the course of the conduct of such study, said engineers complete and bring up to date any and all feasibility studies pr4viously made' with r-especZ to the subject matter of this resolution. Se. " .6 by: Mr,: Fr ancese Roll Call Vote -- Resolution duly adopted. N,:aimbe- 3, l'io6 RESOLUTIONe TOWN BOARD, TOM OF WAPPINGER, OUTCKESS ODUNT, NEW OR AUTWORUANG NEGOTIATiONS FOR THE FURNISHING OF SEWAG DISPOSAL SERVICES TO CERTAIN RESIDENTTAI DEVELOPMENTS IN WE, TOWN OF WAPPINGER PropeC by Mr„ Francs WHFRA, the Tom Board of the Town o Wappinger has taken possesion of i Oalqwood Knolis sewage 'freetment and dpo5a1 plant ard collecion sysem pt sr to the terms of a written agreement execute with flter ConsTrueior Cor, and eltiers on October- 13, 1956, and WHEREAS, W1Wam Llsofsly arvi Spoo H1 cni1es, 1r,co,r the otriers resident7ed reel estate subdivi6kms siteale in the vicinity of tha aforesaid fayities have requested That their respezUve developments receive sewage seryte from the Ockvood Knolls sewer system, MOW, THERFFOK, it is hereby resolved that the Supervisor of the Town of Wappinger be and he hereby authorized, empowered ard directed fio enter ino regotiations wlth the aforesaid developers to make appropriate arrangements Illerfov the requested service, subject to approval by this Town Board, it being understood that the Supervisor shall be assisted in the conduct of such negotia- tions by counsel and the engineers to the Town of Wappinger. Setended by: Mr. Bulger RI CI Vote -- Resolution duly adopted C,CJI, -- Mr Vnndewin&el was asked if the Town Board would receive some kind of (ecommendai;on OA application. •J:mdewinckel responded that there had been no meeting since the publc 'earing, toceinvendation and resolution from the Cutchess Cc*unty PlanniA Board. re,--,-rrending against this petition for rezoning was rend. on: The County Planning Board though we ore not P.ound by thi dtl'sson - has objections. We want a recommendation from ()LT. Planning Board, to, stvgge5.1 Of9t, if they have noi. ;t„ tha Town Plannng copy of fle County Plann,ng Bora'c %kW FOi NooexOie Ovon otoed to tioe 50ard a mcoo ba8 coFee offloe foom Mr, Nooteo, khe appOcan',: oonainea oommeni's on cO,e p.esolutoon from the Doi-ceeeos County frarrOng Board© Mo, 6olser recommended a copy of Mr. Pagones oannents 3;1011iti be een'd: to County P!eoling 'board and the To Plonning Board or with the resolution from the County. Pagones noted his probtem with regard to e tteadline for option which expires on the .tlt of December. Mr, Fulton: The County Panning Board had rejected this, I don't want to have ths Town in conflict with them. No, Fulton to Mru Vondewinckel: Are Raymond end May nov ;n consultation? Vdwrsc i don think we've acquainted them with the application, but to elk them to render an opinion within a few days would not be right. Thy have ro feelng of the Town cr the pulse of the thing at alg, and 1 just think t wouto be e mistake. DAJL petition tabled and referred to the Planning Boord, Pocf,ingham Farms, Inc. -- Request by Mr. Aldrich, on behalf of Charles J. Patria, for return of 6 subdivisbn fee. Molion made by Meo Clausen to accept the recommendation of-,, the Planniog Boord i211.50) o Rockingham Farms, inc. seconded by gr. Bufger. Appointment of a dog enumerator was tabled urWi tax. Report from Mr, Luderig - Mr, Ludevig: At the October 6 meetino, a defecation of Royal View tenants made ouoeoue complaints, 1 wasn't present when the teeants offered their compiaints, but came in later and read the mOnutes The most 2erious - the furnace - i had OHcoo4ered ths and ;liought was co,.rected, The draft yoan' 'C properly adjusted on burner. The outer was a cover& dissatsfacflon w!th the water service to the entre tobeeeed on Lol, oateo sources fv's beoause it ras moe arn =3ree;-e tee',e9 November 3. 1966 etione be made Inxr di rely. Tee ehlmaey hookup vae corrected. The other ,camfila :pts were being teeen care of at the same time and the Jest inspect ion was made Beer there yesterday Bid the cc rections had been made. One washing machine -aa,, 10 pan; 1 ies, they now have 3 washing machines for fO +iami l ies. The man oil, was t:er-e before the Board wee satisfied at this pointe On the Model Housing code - x: ,enct had a chance to look into it. From whet [ have seen, is is very coropre- e r a e, covert's mobile homes trailers. At the meting of Sept. 8 there were cc r d:airrts on the Montclair construction of sewer plant. Mr. Sucich was here„ .f property adjoins the sewer plana. '4e made a number of complaints on an open d:01 and manholes. One complaint oes that the sewer plant wasn't constructed in the point where it was proposed. i checked with 'owners, and required certification of etre location of The plant. The other details had been corrected the following eel, and f gave you memo on that. A certification was produced showing where the plant is located. Mr. Felton: in regard to the building codes, we would like to have you give us a r=eport on your findings on that,' Ludewig: Yes sir, Y will be glad to do so. Peque: t of Hickory Hili for acceptance of roads - kr,. Fe I ton : We r;an' t r'e l ease h irn from the bond en t i rye i y o kr, K. C l ausee: We have to have a re l ease drawn up by the Town Attorney. F& l ton : There is e $28,000 Bond - do we have a percentage poky? We c u l q hoc 201, of the bond for one year. r. ° e ee i on on comp f e to comp I i ance in regard to monuments. W;-t.:,a:n: Mr„ Gallo caned meo He is reporting to the Town Board that ee hoe ,,strip a ted the roads. i think what he, in effect, is asking for is the release of hn, bond, bu? this Is rot permisseble, because the bond has a one year maintenance per : ors Le , ;ter s rer:e w .d - Leonard Fohb ne, Car,. :"!i lecn & Me , & Mrs. Flederhach - Kretch lti Reeve Beae 6 e e.( !e November 3, 19616 1110%.. Cyaueen: 1 WOE out looking some of €nese w'a'ter conditions, but it was sbs.. u{ely a prevate mat ern kir, Fu ',eft requested that Knud Giaueee gab a copy of eoth of the lettersa CoeeepondenTe -- Mr, Felton: Ls there any of it that the Board would like to have read? Wes. 5nuwcclen: We have here two letters, from Mr. VendewinckeI and Mr. Quinn in referarr a to Justice Hawkleis decision on the Thurman et al v, Snowden Mr. Verstiewa►ckel urges, the Board to give consideration to Mr. Quinas recommendation ;',gat can appeea3 be brought to the Appellate Division for review. M,.. a l ger a 1 move ne authorize counsel to execute en appeal on the Thurman vs Snowden decision, seconded by Mr. Frances*.. Unanimously Carried.. Mr. Bulger asked ceunse 1 if Mid -Point Park, had complied. `,Mo=o Qainn replied that a $125,000 bond for completion of the plant, the stocks end another 1125,000 bond for materials and work on the plant had been received that they have now complied completely, Mr. Qunn i n reference to the letter- from Rosen 6 Rosen re Jamen Corp. Greentree Apts, !;lein's counsel is indicating he is seeking sewer service. 1 think what he eek, ;n effect, saying is that he wants to become a part of the L&A sewer district, A k:opy of e letter de ted March 30, 1966 from Ed Roser to t.d.A Filtration was cin lc ed with the correspondence from Rosen 6 Rosen to M-0 ultono M&..kn made by Mr Bulger eeconded by Mr .Prancese to suspend rules to permit Mr. defend his position in the dispute about hookups of the Greentree apts. w; ,fie LAA Sewerage plant., Me. Reilly conYnen ted that at some prior time the Board passed a resolution approving 817 ae ension ce beets .o include these pts Me. ee ;T lto asked how cou 1 d the Tom conn t to ecok up to his area when he d i dn' kr ow any th ; rg about it? a:..r . bay ' 7c:t r 4 ne-d Mee t ing -iD November 3, 1966 `► Vote while on suspension o rules Ghat Mr. Lafko objected to some of the statements rr;e.ye "n Mr. Ktein'3 leUcer. The matter had been previously resolved in litigation - favorable to LbA. letter was received from Angelo Williams requesting the Town to take over the roads �r Te1$ Trees, Section ie Re e.reeci to Highway Sup,. and Engineer to the Town. t<o ification was received from Wappingers Lodge i67l F.&A.fl1. that they would taar irate 'their use of the 3rd floor of the Town Building es of the 1st of January, Mr,. Garen requested an executive meeting with the Board on the Rockingham sewer diet-ir.t policies. Mr, Fulton; ! authorize ham to test Tines. He wants to make a recommendation for `, specifications. Monday, November 7, 8:30 P.M. executive meeting to be held with the Board and Mr. C:haeen. Mr % Quinn: Wh i I Q we're on the subject of Rockingham Fernn - Mr . La f ko, you were awarded a contract to build filter, down there. Do you think you will be in a position to prosecute that work pretty soon? Mr, Lefko: i have no contract. 1V Qeinn: There was a contract. Mr, afko: ! haven't got a copy of :t. Mr, Q.3 inn: When the meeting got adjourned test week, the resolution contains a tir,e!le foe public hearing WYO. Mogan made by lir. Diehl, seconded by F!ir. Uulgee to hold a public hearing on the can trac is November 22, 1966 8 :00P ,M. Unanimously carried. .town 3oard Meer, ung -2f- Movemb er 3, i9 RESOLUTION, TOWN BOARD, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, FIXING TIME AND PLACE FOR PUBLIC HEARING ON TOWN OF WAPPINGER LOCAL LAW NO. 1, YEAR 1966 rind PRESCRIBING THE METHOD OF GIVING NOTICE FOR SUCH PUBLIC HEARING Proposed by: Mr. Diehl WHEREAS, there hes been duly presented and introduced at a meeting of th s Town Board held on November 3, 1966, a proposed local law, entitled, "A r.(eta.l Lew to provide for a partial tax exemption of weal property owned by certain persons with limited income who are sixty-five 165) years of age or over", enJ WHEREAS, the provisions of the Municipal Home Rule Law require that no (')Ce law shall be passed by the legislative body of the town until a public hearing thenen hag been held before such body, NOW, THEREFORE, be it resolved as follows: 41w'' 1. Theta public nearing shall be held on the said proposed local law by the Town Board of the Town of Wappinger on the 22nd day of November, 1966, at 7 o'clock Pii:M. on such day, et the Town Hall, Mill Street, in the Village of Wappingers Fails, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by The Town Clerk of the Town of Wappinger by the due posting thereof upon the bultetln board maintained by said Town Clerk in the Town Half and by publishing auuca notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Mr. Clausen Rolf Call Vote -- Resolution duly adopted. RESOLUTION, TOWN BOARD, TOWN OF WAPPINGER, AUTHORIZING TIE AWARD OF CONTRACT FOR OPERATION OF THE OAKWOOD KNOLLS WATER PLANT ON AN EMERGENCY BASIS PURSUANT TO SECTION 105, SUBO. 4 OF THE GENERAL MUNICIPAL LAW OF THE STATE OF NEW YORK Proposed by: Justice of the Peace Bulger WHEREAS,, the Tovin Board of the Town of Wappinger, pursuant to the provisions :►f a contractin writing executed on October 15, 1966 with Ritter Construction Corp, and others, is obl igeted to take immediate posss scion of the sewage disposal I l arvl ;E14 d'r -P;O. - rW r !c, o n Board Meeting -22- November 3, 1966 WHEREAS, the Town Board of the Town of Wappinger, is further obligated, pursuant to the terms of the aforesaid contract and pursuant to certain litigation now pending in the New °fork Supreme Court, to maintain and operate the aforesaid foci i i t ies in accordance with the regulations of the New York State Health Dept. and the Dutchess County Health Dept. and to provide water supply and sewage disposal service to the residents of the Oakwood Knolls subdivision, and WHRREAS, it is necessary that the Town Board of the Town of Wappinger procure the services of a licensed operator to perform operating, maintenance end repair services at the aforesaid facilities, and WHEREAS, the health, safety and welfare of the inhabitants of the Oakwood Knolls subdivision will be jeoparidzed if the aforesaid service if not immediately provided, end WHEREAS, the situation requires immediate action which cannot await the solicitation of competitive bids for the necessary services, and WHEREAS, Environmental Consultants Corporation has offered to undertake the performance of all services required in the aforesaid connection on an emergency basis, NOW, THEREFORE, it is hereby resolved as follows: 1. That the Supervisor of the Town of Wappinger be and he hereby is ¥, authorized, empowered and directed to enter into a contract with Environmental Consultants Corporation forthwith to operate and maintain the aforesaid water supply and distribution system for a fee of $100.00 per month with the under- standing that necessary repairs authorized by the Town Board of the Town of Wappinger shall be paid for on a time and material basis. 2. That the Supervisor of the Town of Wappinger be and he hereby is' authorized, empowered and directed to enter into o contract with Environmental Consultants Corporation forthwith to operate and maintain the aforesaid sewage trWment and disposal plant and system for a fee of $200.00 per month with the understanding that necessary repairs authorized by the Town Board of the Town o" Wappinger shall be paid for on a time and material basis. 3. That the aforesaid contracts shall continue until such time es the Town Board shall determine that the period of urgency has ceased, and that, n addition, such contracts may be terminated by the Town Board of the Town of Wappinger et any time upon the giving of thirty (301 days written notice. 4. This resolution shall take effect immediately and all contracts made pursuant to the provisions of this resolution shall be effective as of Nov. 1, 1966, Seconded by: Councilman Diehl Roll Call Vote -- Resolution Duly Adopted Aot ion made by Mr. Diehl, secor;ded by Mr. Frencese to suspend rules. +u-. Lafkoa This plant, it everything gobs right -• the Town better give me n • Town Board Meeting -23- November 3, 196E selling it to me. Mr. Quinn: You're on notice that se entered into a contract on October 20 - assets and stock of the corporation - there is provision against assignment. Mr, lafko: Your supervisor was informed that the stock is going to be sold to me. You're taking out of general Town funds to run this and Mr. Ritter sold it to me. His attorney advised the supervisor he was going to do this. Mr, Fulton: He said he was not aware of the position of the Town Board, He said there were negotiations. Mr, Lefkd: If you went to resolve it, may I suggest the Town give me letter tonight. Mr. Ritter's attorney told you he was selling the stock to me. Mr. Fulton: He did not, Mr. Quinn: Town of Wappinger now investing in this plant under a contract. i would assume the Town Board would elect to enforce its right of provision. Mr, Lafko: Let minutes so note - as a taxpayer I would Tike to protest general funds of the Town being spent to run this plant. Mr, Bulger moved to resume rules, seconded by Mr. Clausen. Mr. Diehl: I move that we direct our attorney to look into any problems et the Hilltop Water Works and report back to us. Seconded by Mr. Clausen. Unanimously Carried. Motion made by Mr. Diehl, seconded by Mr. Bulger and carried to adjourn. Meeting adjourned et 12:43 A.M. Elaine H, Snowden Town Clerk