1966-11-03 (2)AGENDK - TON BOA2r:;e TCWN OF WAPPXNGER
NOVEMBER 3, 1966
2 Pepors:
iustices of the Peace
3uilding ilspector
Supervisor
3. BiUs:
General Fund
Highway
Malcolm Cornell - John Reed
DoCoRo Realty Corp. rezoning Petition - Decision
6 Request for return of half Subdivision fee - Rockingham Far.;
'point Dog Enumerator
Owresrondence:
a, Mr, Quinn to Board, re: Thurman et al v. Snowden
b0 Messrs, Quinn & Reilly to V. Christensen. re: Brac.tr Vcwita-rct
ion Corp v. EoarC. of Assessors
0. Wo4ona to Mr. Dunton F. Tynan, N0Y, State Dept, of Lew
and reply from Tynan to Worona
d. Jo Worona to Louis Jo Lefkowitz, Attny Gen-. and repl.
from Tynan to Worona
eo Mro Quinn to Carl Silber re: Mid Point Park Sub,
f0 Notice of cancellation of Designation of Restricted
Highway
Brent & Phillips, re: Central Park Homes - to Plan
State of Wolf° Depto of
Commie-iion - Notice of
1, MessQuinn Ci Reilly
Commission, re: Notice
Schoonmakers
Conservation-Weter Resourc'
Hearing Schoont,aker Bros,
to State of N.Y.. Water Resou:eees
of Hearing on application of
j Mr. Knud Clausen to Mr, 7,mdewig
k, Messrs Quinn & Reilly to Snowden, re: executedamtr
M:u,terz.
*kn W
Iusticez of the Pea,:le
311ilding Inspector
o:neLL- Joim
Realt Coy.1:1, -
for rs-turn of ai:1_1116:1,,,if,Lioi,_ fee - Roci
Appoint Dog Enumerzt,:::i:
Ludewigs re Roy.]. Viw tc!F 2t
2:21k - Dorothy E-icil-t-
H 7%z!Triondsnce:
r'!:x,, Quinn to Th7lrman et al v„
:env to V (11;,71:,itmneny )7c:
17.onftin 3oal'd of 24sse$sors
c, WO.:„-ona 1-;i.unLc?Li
La7 ant5 Ty7,:TY
6- j, wc1,Ki-,-, to
from
e, to Cal E4.5.61
t Notice of of T2,:i:zignatil. of
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.sties of the Peace
Buiidirg Xnspecto.7:
perr
General 'i.:Pund
Eighway
1,1colm Cornr:)11 Jc
D-C„R, Realtv Coro rezthin
6, Rr:!cuest for return nf half Eub&ivision tee - RorAinh6,m
k;. -point Dog Enumerator
dewig re Royal View & MontcIirApt
Dorothy E,aights
a, 7-kt:., to ZcifIxd .:;:e.; Thurman e al v.
l'2S6"1:7, ce.aixar tr.)
V. Ch7i.stsm-?.0;-i„
tJcnClrp, v- 13oard of
4, Woronn tc kx, DutjJi.. Ty -Alan U -Y, btlatE.2
Lw anrfi L:o Worona
d, 3°, Worcria ..,01,15.5 "4e1, -t
from Wynn-atc
Mr, Quinn to Ca.,A-71 rc: XA,:a
, Notice cale.lation of i'Dsei ,11-Acz of 1:7(c': 2
2:Ighwy
CtTL
Stoc7.1: 7
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NOVEMBER 3. 1966 - REGULAR MEETING
1. Minutes of September 15, September 20, September 29. Tabled.
2. Reports:
Justices of the Peace - Vincent ?ramose, William Bulger
Building Inspeotor
Supervisor
Let record show these were reoeived and filed.
3. Bills for the months
Diehl - move that they be accepted subjeot to audit. Seconded by
Bulger. Unanimous.
Fulton - move item # 9 to item # 4. Before we hear from Mr. Zak, I would
like to propose resolution to the Board. I am sure we're familiar with
problem on Dorothy Heights. Proposed resolution.
Restrictive measures to retain residential area. Town Board establishe
Dorothy Heights as a dead-end road. Authorized that the Superintendent of
Highways construct a barrier of permanent nature so as to prevent access
at this southerly end of Dorothy Heights. I think this is the answer to
this problem.
K.Clausen - have you gotten an opinion from the Town Attorney? I personally
believe there is a legal involvement. Have words from our attorney.
Quinn - it appears that the facts are obtained which would support the
action that the Supervisor proposes at this time.
Fulton - there may be a legal action on this, but I think that we can
safely pass this resolution. Traffio on that road would oertatnly be
unsafe. That road was not designed as an access. I would like the Board
to consider that.
Diehl - support you and I would like to second that. Unanimous.
Zak - thank you for the decision you have made and if there are any legal
-z -
suits against the Town as far as Dorothy Heights is concerned, you have
over 90% of the residents behind you. We have investigated and we know
what you've just done is correct.
Fulton - I talked to Maurice Phillips, attorney ■t irk for this firm, this
morning and I told him of the concern. They may not be too persistant
at arguing with us at this point. I don't guarantee that.
4. Letter from Mr. Cornell requesting to be put on the agenda -
Cornell - I have on the agenda two things - first is the resolution giving
back bond to bonding company on Wildwood Forest.
Quinn - resolution cancelling and exonerating the bond.
Elaine read resolution.
K. Clausen - inspected by the Engineer and myself and found as correct. I
recommend Mr. Cornell have his bond released.
Bulger - Mr. Cornell, would you describe what this bond covers?
Cornell - covers taking out of pipe and putting in larger size pipe.
Rebuilding two manholes. Location is in Wildwood Forest, Section I, center
mall on the way to the apartment house section.
Diehl - suspend rules. Unanimous.
Victor Fanuelle - who is responsible for the reseeding?
K.Clausen - it does not cover that portion. Special bond put in for this
special piece of pipe. What you're talking about is Mr. Lafko.
Fanuelle - it was seeded until it was dug up. Seeds put on in November.
Fulton - resume rules, between Lafko and Cornell.
Clausen - move that we relieve Mr. Cornell of the bond on recommendation of
Highway Superintendent and Engineer. Seconded by . Unanimous.
Cornell - second reason for appearing for the resolution involving the
road specs of Wappingers Falls that was passed this past March 65. They
are ambiguous, they show signs of chPnge, they were not properly brought
to the public. I'm not appearing here to go back to old specs. Appearing
3 -
here for one thing. When I began development, I was told by responsible
people of this Town I was going to kw put in blacktop,smaa coated pipe,
etc., whether I liked it or not. I bought at this Town Hall, a set of
speos tinily that said I could put in galvanized pipe. At the same time,
told by the Town Engineer that nobody would be doing any different. Since
then, I find that 4 or 5 developments which haven't even broke is ground
yet, but who still have a right to go under old specs and outsell me by
$1,000 per unit. I was told it was mixt spirit of this resolution. If
these people are allowed to go on with their subdivision and not break
ground and may -be in the next two years they will, who knows, I call this
a little bit of a pounding of a one party system. I'm the only one today
who has to compete with these developers. Ask the Board, is it gonna
make resolution, is Clausen gonna mu go on and do what it states within
6 months. I'm asking for a resolution of the Town Board to olarify the
situation before I proceed any further.
L.Clausen - I have something that might possibly be concerned with this
matter. I sent to Mr. Louis Lefkowitz a copy of the resolution of March,
1965, and the interpretation of Mr. Quinn as to the resolution along with
an affidavit signed by Mr. Diehl - I'll have the Town Clerk read this first.
Clausen - along with that affidavit, I sent this letter explaining what
my concern was. Received a letter from Louis Lefkowitz dated November 1.
Matter of record for the Board. I did try to research this and get another
interpretation. I wonder, Mr. Quinn, as Town Attorney ify you would or if,
in fact, by law Louis Lefkowitz could advise on interpretation of Ordinance,
eta., if you requested so.
Quinn - as a matter of faot, I think the letter speaks for itself. Only
way this matter could be resolved, those facts are not quite accurate
Nil. about the opinion I stated, but the only remedy for your resolution is to
seek legislature. Only thing I can see would be action for declaratory
judgement, Supreme Court.
Clausen - this presumably would be brought against any parties so desired.
You wouldn't suggest a Town certainly go for this. I'm not sure, but
still in my mind /it not quite sure, the way it was crossed out, not signed,
not dooumented, the stating of the first paragraph and the last paragraph
where plat is crossed out, to me certainly not a pondery here, obviously
the Town Board should not go against your interpretation. I would like to
see how this can be cleared up.
Qcinn - interpretation is resolution was entered in appropriate fashion
in the minutes of the Town. As far as the resolution is concerned it
speaks for itself. As matter of fact of about October 8 there was evidence
given to theqcontrary. Whether I were seeking relief in the courts on a
specific assignment or whether I were seeking the opinion of other counsel
I would have made a more detailed investigation of the facts.
Diehl - ask other members of the Board.
4*, Bulger - I remember discussion of it. I don't know how it got on that
paper and I don't remember seeing that paper. Whether it was tha6 night
or before that time executive session or not. I do recall that we had the
advioe of counsel that if anyone had received preliminary approval, we
could not change the road specs as it applied to them.
Francese - recollect discussion, I think discussion was at the adoption of
that resolution, discussion as to question of whether or not people who
had made application for preliminary approval could possibly come under
specifications. It was my understanding, differ with Bulger on the fact
that he stated any person who had received preliminary approval. If I
remember correctly, it was the application for preliminary approval in
that particular case.
Diehl - I am sure myself there was much discussion on it. The point that
Nw' I bring up is to my knowledge there was nothing in the minutes on it showing
that it was changed to preliminary. I am sure it would have to show in
the records,
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FrPncese - ray recollection is that Mr. Reilly was attorney and after quite
lengthy discussion and I think disouesion had to do with developers who
rr had made application. I think it was Mr. Reilly who suggested what the
criteria might be to the Board. Those persons who had made application
for preliminary approval up to the time of the adoption of the resolution
would not have to come under new specs.
Diehl - final point 1 am bringing forth - where it was changed I remember
no motion or action on it.
Fulton - do the minutes show the word "preliminary"? Were these minutes
approved? Who approved them? What is the pleasure of the Board?
Cornell - Mr. Diehl, when you brought this resolution in, did you not type
tt this resolution up?
Diehl - done by attorney or Town Clerk's office, I don't know which.
Cornell - before or after it was passed?
Diehl - before it was passed.
Cornell - did you bring that resolution yourself or did the attorney?
Diehl - attorney or town clerk.
Cornell - did you read. resolution? Do you remember word preliminary?
Diehl - yes, no.
Cornell - this oontradicts itself. It cannot be legal when it oontradiots
itself.
Quinn - that is your determination.
Cornell - that is the determination of an attornex.
Quinn - that is his perrogative. The fact that the resolution is type-
written ih the offioial records of this Town and the fact that I etamined
the minute book on that night of October 8, minutes of a subsequent meeting
showing a unanimous approval of the minutes of that partioular meeting, I
41.0. would state that presumes a pretty strong assumption.
Cornell - Mr. Diehl,. were you the author of this resolution?
Quinn - he offered the resolution. I am told Mr. Reilly, then counsel to
the Town drafted the resolution.
Cornell - under whos! direction?
Diehl - direction of this Town Board.
Francese - Town Board directs attorney to draft resolution. There had been
many meetings on this. Some were executive, some were special. Resolution
was required, the drafting was required of the attorney. To the best of
my recollection, Mrs. Helen Travis was Clerk, she read resolution, there
was discusstbn on the matter after reading resolution, there was discuss-
ion on those persons who had made application.
Cornell - author of the resolution?
Fultor to Diehl - you brought it to the attention of the attorney?
Diehl - attorney at writes it up in legal terms.
Cornell - as a resolution is typed up, isn't it a course or legal require-
ment to have any changes initialed by the person who is making the change?
Quinn - if there are 5 or 6 resolutions here tonight, for instance, and
counsel gets a request from the Board to prepare a resolution by the TR
Town Board and, if under consideration, the resolution meets with approval
of at least one member of the Town Board, he offers it and moves its
adoption. There could be any reason for a change, and I don't know what
the reason would be. I wasn't here. It isn't unusual that between the
drafting of a resolution and the discussion and adoption that there could
be a striking out or addition. I know of no rule which would prevent such
action. I know of no rule that prevents initialling*, they become part
of the record and it is the sworn duty of the Town Clerk to reproduce
record accurately.
Cornell - I wish Town Clerk that lived then w -s here to clarify it. I
have made many legal documents, any changes I have made I have had to
initial.
Quinr - in 18 years of local government practice, I have never seen such
a thing done. Resolution here tonight adopted on exoneration of your
bond. That particular resolution was prepared by your counsel from a
from our office provided him. He put dates in. It came back to us for
approval. Made s couple of changes. Sent to Town Clerk. I have gotten
no "loser to that resolution than from here to Clerk since. The resolution
could be oral and if it was faithfully reoorded have just as much affect.
Cornell - what is the duty of the Town to supply a newly adopted
resolution to a new developer coming into the area?
Quinn - when that or any resolution is adopted by the Town, then Town is
charged. I would say that in all fairness the specifications should be
available to all developers. I :could say one thing, if I were a
developer and I were looking for road specifications, I wouldn't got to
Town Clerk's office, I would go to Superintendent of Highways. Same
answer I gave you a month ago.
Cornell - KnuB Clausen has been in office since the beginning of 1966. I
Now have never met his predecessor. Never spoke to him. He was never over
to my development.
Quinn - you were charged with the duty of ohecking into this.
Cornell - my duty was to come in to Clerk's office to get these specif-
ications. You're telling me there will be nothing done and there can be
nothing done to developer who hasn't begun to cut streets.
Clausen - the wording of the ordinance itself - this business of formal
application. At the time of 1965, Maroh, formal application meant not
preliminary, but the word formal means the time when a developer comes
before the Planning Board with plans complete, has everything noted and
the Planning Board excepts his subdivision plana complete. Formal plat
is always used together. The word preliminary means exactly that. It has
nothing to do with formal appttazttant approval. Developers come before
Planning Board and talk about what they might do. "Where developers have
made formal application to the Planning Board for plat approval" word
crossed out and preliminary written in. I am told that formal and
it
preliminary have no wording.
Quinn - you are restating your interpretation which you stated on Oct. 8.
The word generally used in subdivision regulations relating to submissions
of plats - there are two words used - one is preliminary, sometimes
could
tentative - the other is final. The word formal msmtt/apply to either
of them. The word is not normally used.
Clausen - interpretation of the words in our subdivision ordinance. The
words "formal plat approval" appears under final but nowhere does it
appear anyplace else in the ordinance.
Quinn - I doubt if you will find much reference to this in the Zoning
Ordinance. Subdivision Regulations may show, but f don't recall formal
application being used.
Cornell - isn't there something in there that gives Highway Superintendent
authority to go in and upgrade the specs at any time?
%sr Quinn - engineer and superintendent can make an early review - Town Engineer
and Superintendent of Hlghways can upgrade these speos any time they feel
like it. Standard practioe.
Cornell - requesting Town Board to direct the Superittendent of Highways
to do so.
Recess at 9:10
Reconvened at 9:42
Fulton - Mr. Cornell, did you want to make any more points?
Cornell - would like to see some action now.
Fulton - decision of the Board to table it. Not prepared to aot.
Diehl - will Quinn and Clausen go into it further?
Fulton - it will be brought up as soon as some of the points are cleared up.
Elaine - we have a letter here from Russell Aldrioh.
Letter signed by Bruce Rogers - Lisofsky subdivision.
Resolution - authorizing negotiations for the furnishing of sewage disposal
-9—
services to certain residential developments.
Fulton - we have a further resolution here I believe. We have another
resolution we would like to have considered tonight which would be in
conjunction with this one. We want to start laying out a large district.
L & A, Oakwood Knolls, Lisofsky, Hankin. The negotiations that would be
involved referred to here - we have to communicate to these people that
first of all, the formation of this district - this is the first step.
We're hoping not to run into any blocks here. We're willing to go along
and accept the fact that we're dilligently willing to form a district.
Elaine - resolution authorizing preliminary survey.
Fulton - we have a general feasibility study made by Adler and Branner.
This was referred to in here. What we want our Town Engineer to come up
with is a cost dollars and Dents. This is what both of these resolutions
provide for. Nothing in these resolutions that precludes action. There is
another resolution coming along with projects that we are in a position to
operate and charge rates.
Quinn - we have obligations to operate.
Diehl - can we go in and use property that isn't ours?
Quinn - by the terms of the agreement.
Diehl - comments from Vandewinokel, comments before we go any further.
Vandewinokel - in the form of a question with respect to what is trying to
be developed.
Fulton - at least two developers will come before the Planning Board.
Vandewinokel - I think to come before us forrxtkm is the need an application
for final approval shall be done on the strength of these resolutions.
Fulton - as far as you are concerned, the developer wants to come to you
with plans for sewer and water.
Vandewinokel - for final approval, they must have approval of the Board
of Health and this does not oonstitute that approval.
Fulton - what we have to say here is we intend to want these people in the
tow
4p..
formation of our district. In the event of a collapse of this plate, they
would be allowed transportation corporation.
Quinn - I know one thing which may be in assistance to Mr. Vandewinokel.
In the instance of the Spook Hill Development, there has been approval
given by the New York Stats Department of Health to the design of the
sewage collection system in Spook Hill. Will say that those plans
include a treatment and disposal plan. That is very easily eliminated
should they join in this. As far as central homes is concerned, it is
my recolleotion they have already received approval from the State Dept.
of Health. I know Spook Hill Property does - I know this, were these
people to come in now with the consent of the Planning Board and mai
make application for preliminary approval they have got status enough to
come in if they are authorized to by the Planning Board.
Aldrich - in the case of Spook Hill we will do anything and everything to
secure approval. We have a piece of real estate and we wish to develop
it. What we are asking for from the Planning Board is an extension of
time. We have been held up. We have approval from the Board of Health.
If you let us enter into the district or form transportation corporation.
Monday night is crucial night because unless this Board.... We will do
anything to comply with your wishes. All we ask is that we be given an
extension on Monday.
granted this extensio
portation corporation
Ask you to rssatt recommend to them that we be
n. It is not our fault that we don't have a trans -
Quinn - with respeot to Spook Hill and Lisofsky development, unless we
entertain these applications to give them public service we have no
alternative but to give them consent for transportation corporation under
the circumstances. We're subject to attack on an artiole 78 proceeding.
Clausen to Vandewinokel - extension to November 7, does this include old
or new road specs?
Vandewinokel - old.
-11. -
Clausen - how would you base your extension to November 7? I am under
the opinion that durin' time between March and August they had time to
come before the Board but they didn't. I understand extension ran out
in August.
Vandewinekel - the preliminary epproval has not expired in having gone
beyond the date it was orisinally permitted to go.
Clausen - what was the basis of the granting of the other extennibn? I
believe Hankin came before the Planning Board and stated that the Town
Board had asked him not to develop because of our sewage, municipal sewage,
problems in the Town, and if they would wait and cooperate we would grant
them an extension.
Vandewinekel - he had discussion with the Planning Board.
Clausen - point that was brought up then, the Town Board had never, in
writing or any other way that he would stop from March to Au0ust. As
%Iv far as I know, and I have asked the Board to produce something; whereby
we told Hankin. Expired and it seems he is getting an extension.
Fulton - when did Hankin apply for transportation corporation?
Quinn - February or March.
Fulton - during that time we were deliberating over Oakwood Knolls.
Hankin come in and possibly be a solution for Oakwood Knolls.
Clausen - gave him the third extension on that basis.
Vandewinekel - no consultation on any extension except for the 4th one.
Clausen - Planning Board came before Town Board probably February and we
said, Schuele and Hankin I believe, that possibly Town had held them up.
Third extension was March 1, no aaamaaiattafaa communication at that time
between Planning Board and the Town Board.
Quinn - some time last winter, Hankin's corporation, they made an applic-
ation for consent to form a transportation corporation. That application
is still pending before this Board and has never been withdrawn. The
application is still there. Some time in February, March, or April, there
"tri
-12-
were other developers similarly situated - Schuele, etc. - and application
came before the Planning Board roughly in Apri], but I can't recall. At
that time, Mr. Vandewinckel requested an opinion from counsel on how to
act. Opinion letter stating that the Town Board had whimm's'tt;x
effectively prevented these several developers from prosecuting applic-
ations for final approval. We gave interpretation of 6 -month clause in
subdivision regulations stating Planning Board had no alternative but to
grant the extension. I think the Planning Board last quite properly has
followed the lines of that' spring t' opinion.
Clausen - I'm not questioning application for transportation corporation.
Questioning new road specs. The point is during extension period due to
road specs - since the Town Board from period of March to August had no
way contacted Hankin that he would get another extension and if his
extension did run out and he came back to us. If that extension was
cancelled or terminated August 15, that is one thing, if the Planning Board
skives approval to November, it makes a big difference.
Quinn - I think the Planning Board has no alternative but to grant an
extension for these aprlicants. There is still an application pending.
If they are entitled in April to receive an extension on basis of old
specs, they would have to grant extension in August under the same conditi-
ons.
Clausen - when he came before the Board it might have been before his
third extension - premature - during extension period of March and August.
Quinn - I don't think he ever had to come before the Board as long as he
has filed application for transportation corporation.
Fulton - you .recalled the way that policy had run, the Town Board was
reluctant to issue. As far as we're concerned, that policy still stands,
%be we're itt reluctant to do it.
Vandewinckel - if, at any time since the application, the Town Board had
granted the transportation corporation, there would be no issue before us.
-13 -
we
what/would have before us is the application for final approval.
Diehl - you're trying to put across question on new road specs?
Vandewinckel - when we grant preliminary approval, one of the things we
speoify is the roads. When we have granted an extension, it is granted
on the same conditions as on the preliminary.
SUSPEND RULES
Mr. Keeler - since Hankin's extension ran out the 15th, was he before the
Board on the first of August?
Vandewinckel - I know of no extension being granted with a request being
received after it expired.
Keeler - Town Board can deny tranpportation corporation.
Aldrioh - talked to Attorney General's office and man who prepared 01 -
when they apply, someone must act one way or another. You can't deprive
us of developing our property any more than I can deprive you of using
'`, your property. Asking the Board what we should do. Form district,
transportation corporation? Because of the inactivity we have encountered.
I hope we don't have septic.
Mr. Keeler - you can't have septic.
Mrs. Keeler. - on the tenthq, they were due to come before you for an
article 10. You have a right to deny any developer a transportation
corporation.
Quinn - if there was a refusal, the Town must supply an alternative to
the developer, municipal sewage, except under highly extraordinary
circumstances which don't exist here. We're getting beyond the realm
of just having these people have a court compel the Town Board. We are
getting forced around oonfisoation.
Lafko - the thing could be cleared up very simply if there would be a
little cooperation. Extend it between the Planning- Board and the Town
Board. Why can't the Town Board request the Planning Board, for pur-
poses of forming the district, to grant extension to the two developers
till the district 1f formed. Your road specs is a separate problem.
fo sense in putting two things on. One of their lawyers is asking you
either for extension or the right to go ahead. In giving them the right
to go ahead, You're going back around. Can't Town Board askX Planning
Board to grant edtension for purposes of oomp eting study by the Town
Board.
Cornell - Mr. Quinn says that it is outside the realm of possibility
to delay a man from February tibl now. Where was he from Maroh of 65
to February of 66?
Aldrich - the plans were at the State Dept. at that time.
RESUME RULES
Clausen - one action or the other, it could simply be on the basis of
when this district would be formed.
Francese - first let Elaine read. I think said what they are asking for
is approval of their transportation corporation.
Fulton - we need these two subdivisions in our district.
Clausen - I know attorney doesn't agree with this either - at the last
Town Board meeting, Bitter came before us with xat an affidavit withdrawing
the order. Quinn says the oontgaot still stands. We don't have the deed
to Oakwood. Knolls yet and I'm a little afraid and Mr. Quinn made statement
although we don't have deed and may not get it until sometime this
winter, it won't stop Town from going in. Seems to me if you don't have
the deed, you don't own it. If we go in there and don't have the deed
for. Oakwood Knolls, I feel there may be more repercussions. Can you
advise this Town to go in and operate plant even though they don't have
the deed?
Quinn - I have advised them, it is in the contract. Town has right to
charge for those services, right to operate and make repairs, if they
make repairs, they have lien on the plant for the amount spent. I feel
we have very adequate protection and I know Mr. Ritter has taken certain
-15 -
steps - confidential, shouldn't repeat it at a public meeting.
Clausen. - if this is so, why did Mr. Ritter come before the Town Board
with another letter?
Quinn - we have been through it, he was coherced into pressure.
Aldrich - we agreed that if you gave your consent tonight, under article
10 we will dissolve that purpose immediately upon your request in the
event we are in a public district. I don't see how we can be any fairer
thin that. We will form corporation which is an expense to Mr. Rankin and
dissolve it immediately. Give us some kind of help so we can justify for
the Planning Board.
Diehl - legally it seems to me that the Town does not own it.
Aldrich - transportation corporation - I agree to dissolve it when we get
these other things worked out.
Bulger - I know that you said in your letter that you will exceed any
160, reasonable request made by the Board, would this include operating under
the new road specs?
Aldrich - never heard about the specs thing until I came here tonight.
SUSPEND RULES
Lafko - I think, in view of the fact that Mr. Quinn must have been.
emotionally disturbed, he made a strong charge here tonight. We proposed
something tonight that I thought would illeviate the situation. I was
charged with hiving pressured Mr. Ritter. I received a phone call from
IAr. Guinn about t*'o weeks ago, he said he eras going to take Mr. Ritter
and mystlf to the District Attorney and the Grand Jury. He has said
tonight that I personally pressured Mr. Ritter. I would like t)rvxiisaad
to request the Board to do one of two things - put either of us three on
oath or go to grand jury. Previous to that, 1 thought we had a solution
trio to the whole thing. He can take one of the two methods - he threatened to
take us, I would like to extend the invitation.
Quinn - I will go back too - first of all, I will be glad to be in the
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district attorney's offioe any day that anyone invites me to be there.
Cirdumstanoes lead to conversation with Lafko - entered into contract.
Learned that Mr. Lafko went behind back of the Town to buy the tuck
plant. I was told he was putting great economic pressure on Ritter. I
assured Lafko we were purchasing both plants. He told me the Town could
not enter into another contrast before entering into his. In that, he
was defying the government. Two days before contracts were approved at
that last meeting Mr. Lafko called me and told me he would have to take
such steps to protect himself and that would include purchase of the
Ritter Plant out tka from under the Town. Suoh an action was subversive
to the action of the Town. If he took such action, I would ask the Town
Board that the matter be referred to County District Attorney. Worona
called me and asked if I had made statement. He wanted me to go then and
I said I would go when and if the Town Board wishes.
�► Lafko - Fulton, you were at MI Weiner's office. Statement made by Weiner
and Loeb.
Fulton - my trip to Newburgh with you, Weiner told me nothing, referred
it to Mr. Loeb who int insisted to you he didn't want to go any iuzk
further with you. Furthermore, there's two members of this T Board right
here, and they are democrats, and they sat in the back room and listened
to me ask him three questions. Did he owe money to L & A and he said yes.
I asked him if they knew about the contract with the Town. Would they
blow their stack when they heard about it?
Clausen - I think it went something like this - you said let me ask you a
sicxaioskta straightforward question, do you owe Lafko money. I asked what
it has to do with it and you didn't answer me. I think he said yes to
the second one.
Lafko - Mr. Ritter owes me approximately $188. I owe Mr. Ritter approx-
imately $900. Sludge on the side walls. Mr. Alexander BMX owes Ritter
Or
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$2500. Ritter owes Alexander approximately $2500 for the roads. Principals
and attorneys would be happy just to get an extension. If I offered
Ritter $10,000 - Mark came to me. We sat with Mr. Weiner on a Saturday.
You went with me to Mr. Weiner's office. He said he would not join
against his client. He also told you Lafko can buy the Ritter stock if
he wants to. It's not getting these gentlemen anyplace. Mr. Quinn has
made some personal statementa that are not completely true. XMINK Why
don't the Board ask the Planning Board to grant an extension? I flatly
state now I have been asked why I haven't bxoxgkx bought the Oakwood
Plant. The Town Board and Planning Board kinuomma for some reason has
developed some sort of a conflict going back and f®xxtka forth that is
hurting the whole industry. You don't buy things in business and turn them
over for nothing unless you are trying to get things straightened out for
coming industry in the spring. It would be more p beneficial if for every-
body here to simply resolve it and consider giving him an extension.
Fulton - Town Board has acted and told Planning Board they would not
grant any more extensions.
Lafko - is it legal to grant extension to advocate formation of district?
RESUME RULES - motion made by Clausen, seconded by Bulger. Unanimous.
Fulton - apparently from a legal point of f view you feel these two
resolutions should meet with approval of the Planning Board?
Town
Quinn - express to Mr. Vandewinckel what the feelings of this/Board are.
Clausen - extension or transportation aaxparta amp corporation.
Fulton - subject to negotiations and lig litigation.
Quinn - if you are going to give consent, you have got to negotiate under
the statute.
Clausen - I'm ready to vote. I should and have to go on recommendations
of our attorney. According to what my attorney says tonight, I am ready
to vote.
Bulger - suppose we were to give Hankin the consent to form transportation
Corporation and give conditions we want met.
Quinn - I think giving consent would be like being a little lidg bit
pregnant. I don't think you could adequately protect the interests of
the Town.
SUSPEND RULES for 3 minutes.
HannaPossibility that sewage d*Eitx*w district may not be set up
in 6 months and may have to grant another extension.
Fulton - we're after something bigger than three months. If we could
put this district together, if this district is presented properly, and
I think this is one sty sits thing all the attorneys would agree on, if
this district can be formed, it will be the best thing that ever happened.
Lafko - formation is going to be one complete unit, submit as one whole
unit. (to Quinn) -one entire district?
Quinn - that is the desire of the Board at this point. Certainly this
Board has extended forming the largest district possible.
Fulton - we've got a decision this Board has to make here.
Lafko - we were asked and requested. Your original district that you are
going to initiate first are described in metes and bounds as what?
Fulton - draw up metes and bounds of a large district - largest possible
based on economics. Referring back to Adler and Brenner report - it was
quite general. We want them to form this large district and bring in
dollars and cents and metes and bounds that support this.
Lafko - feasibility of it showed that Spook Hill, Oakwood Knolls. Kelley
is to come back to this Board with feasibility report that we can sell to
1cx the is people. Defined in detail. This last report to the Town Board
was quite informal. We have given a nix waiver of all legal action.
Attorney requesting extension if you give it, Brancato wants extension if
you give it. Words between Quinn and myself enough to know that I better
speak up now.
Fulton - the Town Board will direct this thing. The Town Board is gonna
make these decisions.
Lafko - pretty large taxpayer in the Town.
RESUME RULES
5 -minute recess at 10:57
reconvened at 11:23
Fulton R - is it your pleasure to act on these resolutions?
%ow two resolutions before the Board.
Bulger - move resolution (first), seconded by Francese. Unanimous.
Second resolution - Town Board, Lisofsky property - negotiations for
requested service.
Motion made by Francese, seconded by Bulger. Unanimous.
DCR
5. Eliine - we've got to have recommendation of the Planning Board.
To Vandewinckel - are we receiveng some kind of recommendation on this?
Vandewinckel - there has been no meeting since the public hearing.
Letter was read from County Planning Board.
Fulton - what it boils down to - County Planning Board, although we are
`, not bound by their decision, has objection. Want recommendation from our
Planning Board. I ran into Heissenbuttel and discussed it with him.x Area
is w swamp. I look at the map and mad a wonder why it was R-40 in the first
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place. Clarify any pt possible misunderstanding the County may have on
that propetty.
Bulger - suggest that if they had not received, see that the Town Planning
Board has a copy of the County Planning Board's letter.
Quinn - piece of material came addressed to our office from counsel to the
applicant for this thing. Memo which kart I would tktwgk think should be
before this Board. I would think conceivably a copy should be sent to
County Planning Board and our Planning Board.
Pagones - my problem to here is that I've got a deadline for option
expiring on first of December. Planning Board has had more than 45 days
ion set forth in the ordinance.
Fulton to Vandewinckel - when w can we expect a recommendation from the
Board ? Definitely some time after Monday?
irr►
Vandewinckel - I think soon.
Fulton - county planning board had rejected this. I don't want to have the
Town in conflict with them. Raymond and May now on the payroll?
Vandewinckel - I don't think we've acquainted them with the application
but to t ask them to render an opinion within a few days would not be
right. They have no feeling of the Town or the pulse of the thing at all
and I just think it would be a mistake.
Fulton - we've got ourselves in another box. Pagones advises me we've
gone beyond our 45 days.
Vandewinckel - we received referral and have forwarded to the Town Board
and have not been informed since then of another recommendation.
Quinn - Planning Board is not in default - 30 days and not 45. I think
their recommendation would probe to be very valuable.
Fulton - table it and refer it to the Planning Board.
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6. Rockingham R Farms, Inc. - return of 35 subdivision fee -
'` Motion made by Clausen, seconded by Bulger, to return 1 subdivision fee
to Rockingham Farms, Inc. immg Unanimous.
7. Appoint dog enumerator -
Bulger - you're thinking in terms of a dog warden.
Bulger - move to appoint John Doe.
8. Report from Mr. Ludewig -
Ludewig - at October 6 meeting, you had delegation of Royal View tenants
that complained, about 21 individual complaints. I wasn't present during
complaints, but came in later, read minutes. Most serious, furnace - had
%or discoveded and thought was corrected. Draft wasn't properly adjusted on
the burner. The other was there was a general dissatisfaction with the
water service to the entire project. We checked on the water sources first
because it was most important. Health Dept. has responsibility for seeing
that proper water is supplied. They said they would immediately make
tmcastt%att3[ investigation and order corrections be made immediately.
Chimney hookup corrected. The other complaints were being taken care of at
the same time and the last inspection was made over there yesterday and
the corrections had been made. One washing machine for 10 families, they
now have 3 washing machines for 10 families. Man who was here before was
satisfied at this point and wanted to see that it didn't come in again.
110r, Model Housing code - t haven't had a chance to look at it. Will be glad
to go thin through it. From what I have seen, it is very comprehensive,
covers mobile homes, trailers. Dating back to September meeting when
L
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there were complaints on the Montclair construction of sewer plant.
Meeting of Sept. 8. Mr. Suoieh was prtzumt here. His property adjoins
sewer plant. Made a number of complaints u on open ditdh and manholes.
Complaint that sewer plant wasn't constructed in the point where it was
proposed. Cheoked with owners and required certification of location of
plant. Details had been corrected the following day and I gave you memo
on that. This oertification here shows where the plant is.
Fulton - in regard to the building codes, we would like to have you give
us a report on your findings on that.
Ludewig - yes sir, will do.
10. Request of Hickory Hill for acceptance of roads -
Fulton - can't release him from the bond entirely.
M Clausen - have to have a release drawn up by the Town Attorney.
Fulton - $28,000 - do we have a percentage policy? - hold 20% of the
bond for one year.
Discussion on complete compliance in regard to monuments.
Quinn - gallo called me. He is reporting to the Town Board that he has
completed the roads. I think what he, in effect, is asking for is
release of the bond, but this is not permissable because the bond has
a one year maintenance period. Making sure that all Planning Board
conditions have been met.
Letters received - Leonard Robbins, etc.
Clausen - I was out looking at some water condition but it was absolutely
a private matter.
Fulton - see that Clausen gets a copy of each of those letters.
Correspondence -
Fulton - any of it which you would like to have read?
Elaine - letter from Mr. Vandewinekeh reference to Hawkins decision
`..
Quinn - we have a letter in to you, we feel that it does a intake many
provisions of our zoning ordinance. Case of misjudgement impression -
integrity of our zoning ordinance.
Bulger - move we authorize counsel to exeoute an appeal. Seconded by
Franeese. Unanimous.
Fulton - water resources commission.
Bulger - has MSd Point Park oomMmied?
Quinn - received 1125,000 bond for completion of the plant, stocks.
Another $125,000 bond for materials and work on the plant. They are clean
now, they have complied completely.
Quinn - Klein's counsel is indicating he is seeking serer service. I think
%Ir what kn[xu=ti he is, in effect, saying is that he wants to become a part
of the sower district.
Elaine - letter dated October 26 from Ed 'losen regarding Green Tree Apts.
Copy of a letter dated March 30, 1966 from Ed Rosen to L & A Filtration.
Quinn - I looked at the letter very quickly.
SUSPEND RULES
Clausen - some time ago, people in the Wildwood area were complaining of
odors. Would this be where it is coming from?
Lafko - this and Karas. Mr. Klein doesn't want to pay. He took me to
court, made motions. Outside the franchise area. He claims the Town
gave him the right to hook on. Town made area bigger and never sent me
a letter saying that area includes Green Tree but not Quiet Acres. He
sued L & A, He sued me personally. The reason, technically, you can't is
%o' beoause he is out of the area. Board of Health would not deduct house
hookups. Contract calls for 104 $250 per unit - he wants it for
nothing. Mr. Klein was never refused service, he just didn't want to pay.
Reilly - there was a request given. He came in and requested. The Board
passed a resolution approving.
Lafko - how oan the Town consent to hook up to my area when I don't know
anything about it? Dumps effluent and it comes down through apartments.
It sets up there. This is one of your worst pollution problems in the
Town of Wappinger. Raw sewerage when it is not chlorinated right there.
We went through court and Mr. Klein lost. I never received anything.
RESUME RULES -
Note on rules that Mr. Lafko objected to some of the statements made in
Mr. Klein's letter. The matter had been previously resolved in litigation
favorable to L & A.
Letter from Angelo Williams -
Referred to Highway Supt. and Engineer to theTown.
Chazen requests executive meeting with the Board on the Rockingham sewer
district policies.
Fulton - authorized him to test lines. He wants to make recommendation for
specifications.
Monday, November 7 - 8:30 p.m.
Quinn - while we're on the subject of Rockingham Farms - Mr. Lafko, you
were awarded contract to build filter down there. Do you think you will
be in a position to proseoute that work pretty soon?
Lafko - no contract.
Quinn - there was a contract.
Lafko - haven't got a copy of it.
Quinn - when the meeting got adjourned last week, the resolution contains
a date for public hearing (L & A). Just as well if we left it out.
Mr. Worona will be out of Town from yesterday through the fourteenth. I
don't see how you can have it the week of the fourteenth at all.
November 22 - 8s00 p.m.
Motion made by Diehl, seconded by Bulger. Unanimous.
Town of Wappinger local law - resolution setting date for public hearing.
Motion made by Diehl, seconded by Bulged - 7s00.
MIlst go into publication on the 17th.
Resolution authorizing award of contract of Oakwood Knolls water plant
on emergency basis.
Fulton - water plant working out there and sewage plant working out there.
Bulger - move resolution and also go to bids on it.
SUSPEND RULES
'`,,. Lafko - this plant, if everything goes right - the Town better give me a
letter tonight. The Oakwood Water Works - the owner who sold this to
you is selling it to me.
Quinn - you're on notice that we entered into a contract on October 20
assets and stock of the corporation - provision against assignment.
Lafko - your supervisor was informed that the stock is going to be sole
to me. You're taking out of general Town funds to runt this and he sold
it to me. His attorney advised supervisor he was going to do this.
Fulton - he said he was not aware of the position of the flown Board. He
said there was negotiations.
Lafko - if you wanna resolve it, X may I suggest the Town give me letter
tonight. Ritter's attorney told you he was selling stock to me.
Fulton - he did not.
Lafko - Eck, was you there?
Eck - yes sir.
Quinn - Town of Wappinger now investing in this plant under a contract. I
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would assume the Town Board would elect to enforce its right of provision.
sloe Lafko - let minutes so note - as a taxpayer I would like to protest
general funds being spent of the Town.
MOVE RESUME RULES
Engineer, matter of operator 1n Oakwood plant - it would be difficult to
write specifications for bid under the circumstances in the Oakwood plant.
My suggestions would be that the Board not put this to bid immediately,
but utt rather when a report on the oonditiona as to what work needs to
be done. I think price is about what the county is paying now. Operation
to ebate public nuisance. If you were to give the job to me for writing
specifications for bid, I would be at a loss for the present condition of
the ;Max plant. Give us some time to appraise the plant. Can defer
application for state aid and then concern bid for operating on long--time
basis. In the condition of the plant I would not know how to write the
%lay specifications.
Bulger - move resume rules, seconded by Clausen. Unanimous.
(previous motion made by Bulger before suspension of rules) - seconded
by Diehl. Unanimous.
Diehl - make a motion that we direct our attorney to lo)k into any problems
at the Hilltop Water Works and report back to us. Seconded by
Unanimous.
Meeting adjourned at 12:43 a.m.
%or