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1966-10-20A maorna of :he Town Eoar of the Town of Wappingers was held Thursday evening, October 2O, :966 at the Town Hail, Mill Street, Wappineei's Present: Joseph H. Futon - Supervisor Louis Co Clausen - Councilman ';411liam J. Bulger - Justice of the Peace Vincent So Frances e - Justice cf the, Pzce Lou is Diehl - Counc !man Elaine H. Snowden - Town '-)Ce- ars Present: Messrs. Quinn & Reilly • meeting was called to order at 7:37 by Supervisor Fulton. • Fulton: This is a spec mGqIng rgarding the proposed contraC ;ca Knolsewer Plant. Srowden read the follow etter from Mar Ritter - Oct. 20, 1966 upervisor Joseph Fu to and thE Town 4appsr - Town 1..1H Fails, New ThrL, • Lr Fulton arc; the -cA-A Board: to advise you that on or about Octber r:ith, 1956, a proposec' • ment was signed in the presence of MtJ Joseph Quinn and his fohatery for the purpose of sale of the water and sewer facilities tter Construction Corp„ Oakwood Sewer Corp,, and ('ark RItter to Town of Wappinger. These agreements were g ven to Mr. Quinn ba heli in escrow, upon the following condMons: 1 That these agreements be E,xecuted on the night of October 13th, 1966 by duly authorized members of the 'Town Board, That executed copes be returned, by no later than 0ctobar 14th936 otha offices o 3rer and Loeb. Alornays for Ritter Constructon crp al, with 111 uhderstarCdng that the parpose of the return of the, trJ sccilve a lonn at a frianoint titttuon r:v -rown Board !;:DGitg —2— Oct,, sidered nu i and of all, the agreements were never returned n an executed fashion, or otherwise, to Weiner and Loeb, Attorveys, and, thereforfb, by that ncton the terms and conditions of this escrow offer have not been per- formed, it ts the intent of this letter to serve notice upon the Town Board that tha offer contained in the proposed agreemenI has been and is withdrawn, and the To- Attorney has boen so notified by my Attorneys, Weiner and Loeb, and the Town Attorney has rel;used to retarn the proposed agreements bearing my signature. So that her can be no mieunderstandinc, ::he;.n is', no proposal before the 17own Board upon which they can act. I find it necessary, as a result of Mr. Qi.inn's a::tion, to send a copy of this letter to the Dutchess County Bar Aston and the Outchess County District Attorney. Very truly yours, RITTER COW;TRUCTION CORP. and OAKWOOD 2EWER CORP. s/ Mark Ritter, President Mr. Fulton: Any comments? 1 would like a legal interpretation from Counftl. Mr. Quinn: i would like to say that number one, the contents of this IrYter are not direct, not agreed, not correct. As late as 5:15 this eveninp, we got this letter from Mr, Loeb of Weiner and Loeb in Newburgh. This is the third time I heard it rend today. First time ii was read over the telephone tn an ttempt to coerce me. I received a call from Mr. Loeb indicating that this letter would be read. They completely dented the contents of it, they wanted no part of it. My conscience is clenr0 i can held r.y head high. There hs been pressure asserted on me, and officials of this town. I hew) the contract documents in this He signed by Ritter, for himself, and the various corporate entities, that are parties to the agreement. I hnve no fear of the consequences of this letter and I would hope thnt you have hope boforc:, th on n‘ut yo v4H! t -e ;To as.,rn preLlz,,re thn Teem Doare] Meeting this letter. it is not true in any fashion whatsoever. Mr. Fulton: We have a contract. This contract has been signed and require2, I understand, the signature of the Supervisor of the Town of Wappinger. Eatine, would you read this contract? All The members have heard and have had copies of it. Mrs. an owden read the contract. Mr. Fulton: The situation in Oakwood Knolls has been a problem in this Tow, for some time. Th ia is a contract, as far as 1 am concerned, it is e legitimate contract 1 am presenting this resolution before the Town Board and asking that you empower we to sign it, 1 would like to have a second on it. Mr. Bulger: I'll second it. Mr. Worona requestod suspension of the rules. 1 rise to a point of order, Mr. Fulton: You're out of order, would you please be seated. We're not suspending the rules. Mr. Clausen moved to suspend ruleq, seconded by Mr, Diehl, Roll Call Vote - Mr. Clausen - aye Mr. Bulger - nay Mr, Diehl - aye Mr. Fulton - nay Motion failed Mr. Fulton: 1 feel there are two distinct differences here. 1 would like to move that we resolve the problems in Oakwood ;:nolls without carrying on the investigation, Motion still on the !eroe to authorize signing of this contract, Resolution authorizing the Supervisor to sign conteact was reacL Fulton moved to suspeni rules to allow Mr. Ritter to speck, secondod by Mr, Mousen. Motion carrod, Mr, Ritter 1 would like to know what in the letter Mr. Quinn r fersto the letter received by him today from Mr, Loob, tow 46, Town Board Meeting —4— Oct. 20, 1965 Mr. Quinn: T didn't say there was a letter, I said that Mr. Loeb called me at about 5 after 5 this afternoon and read to me this letter and told me that A is disavowed and that they washed their hands of the matter. They would be very willing, in this proceeding, to give testimony of what they considerec:. to be the facts. They also told me that they had tremendous sympathy for yoJ with the pressure you have been under these past few days. Mr. Ritter: I'm not here to question the contract. But, I did enter into an escrow agreement with you, Joe, and I hope this will be lived up to. Mr. Quinn: When you signed these papers at quarter after 6 on Thursday %1ght, Oct. 13, 1966, they were left with me with the understanding that -the, would be brought to this Town Board that night for signature of the autha ized official of this Town. You were to go to a banking institutuicn the following morning in an effort to use the agreement as collatr.aal to borrow money. Assistance in the form of assurance that if the Tow! Board authorized it, that the faith and assurance of the Town Board would be behind the agreement. You indicated that when you got to the in'titution and talked to the President, you would call for such aid. Yoa asked that these papers be retained, and not even executed, for a perioe of 4 days from that night. 7 agreed. 7 talked with Mr. Loeb in the prescnce of my secretary. We were all on different phones and talked to Mr. laeb. He agreed with this agreement. t expired on Monday. T neVer heard frcA you except on Friday and on Monday, and on Tuesday you called me and asked if the papers had been signed by the Board. I said they were not. You said you were under great pressure. You said you understood there was to be a special meeting on Tbesday night, Oct. $6, 1966, to consider this matter. 1 .ajd it would be impossible because of notice requirements of the Town Board. Two or three times today you called me. You read what appears to me to be what essentially is put forth in this Town Board Meeting Oci. 20, 966 et.er. You indicated you had prepared it yourseif. This morning yon inicate4 that Mr. Weiner and Mr. Loeb would be .t to support you and pro,,nce affidavits. 1 called them and found that Mr. Weiner had not been in he offce all day. 1 found that Mr. Weiner had no intedejion of appearing. alked to Mr. Loeb twice. He indicated ho would not be present to dispute this contract, nor would he send any affidavit or statements, that he wouid bear out the right of this Board to act on ' tonight, and that he disavowed the actions you were taking. He asked me to bear in mind the fact that you have been under terrific pressure. Mr. Ritter: At the time 1 gave you the agreements, did you not acknowledge they would be returned to my attorneys' office the following morning so that they could be used for financial arrangement. Mr. Quinn: 1 called your attorney and he excused me from this. Mr. Fulton called a 15 minute recess at 6:18 P.M. Meeting reconvened at 8:36 P.M. OAr. Francese, unavoidably detained, now present) Mr. Worona: You are still under suspension of rules and I have a right to speak. Mr. Fulton: It is quite obvious that what is going to go on now is a "three - ring circus." 7 have asked the Board to be authorized to sign a contract. This cotrct, to the best of my knowledge, is a good one. We know what has gone OH since the first of the year. ( to Mr. Worona) You can have 5 minutes, Mr. Worona: My secretary took minutes when Mr. Quinn was talking, (to his !7.ecretary) read what he said. Secretary: "As late as 5:15 this evening we have hve a etter from Mr. Loeb." Mr. Worona: The Principal has already advised us that he is withdrawing that contract. An attorney cannont bind contract when the principal hos withdrawn t ln 'this contrct you rofer thir--,; e;:tonsion of Oakwood tjle, Lrd Me ngiA)6 reference to the districts, Mr. Quinn asked me a year ago to hold up a pro- ceeding against tlr;s Town involving this issue, so that we could clear up ei the problems by thr creation of a large district known as L A. Mr, Quinn was Led 0 draw a contract for the purchase of L & A, It wasn t drawn up, unless tb:s Oakwood district is tied in, in one way or another, to another district, we wood have no alternative but to again engage in litigation. We're not looking for litigation, we do not want litigation. This matter should be tabled in the .nterest of creating one large district. Maybe harmony could be returned to roe Town. What is attempted this evening is to create otherwise. I ask Mr. RW,er - are you withdrawing this contract? Mr. Ritter: Absolutely withdrawing the contrct 1 offered it according to what i stated* Mr. Quinn did not complete i . am withdrawing it on this basis, Mr, Worona; He is a principal controller, not the attorney, it has been cr,. experience to find that this Town Board is controlled by any attorney. That the attempt tonight. No matter what Mr. Loeb said, and Mr. Quinn said, he pr,)duced tter at 515 tonight, Mr Fulton: I believe that it is an intent of this Board to also form a largo Jistrict. but I think it will be the Town of Wappinger that will form this d3trict 4', A, Mr. Dulger moved to resume tho rules, seconded by Mr. Francese. Motion Unanimously CnrrIei* Mr, Fulton: Mc Francese, 1 think we've oot to bring you up to dote. There is a imple resolution before tho Board that the Town Board empower me to sign the ,:.antrac:tthat wes read here. I'm sking for a simple resolution, and the resolution ben seconded. RF,SOLUT?ON APPROVING THE, TER\$ AM) CONDITIONS OF 01,24 "WENDED AGREEMENT FOR THE PURCHASE OF THE ONAMOD KNOLLS SEWER S'fSTEM AND THE OAKWOOD KNOLLS WATER SYSTEM, AND AUTHORiZING THE EXECTUI0 O SUCH AGREEMEN7 BY THE SUPERVISOR OF THE TOM OF WAF;JiNGER. Town Board Meeting Proposed by: Supervisor Fulton -7- Oct. 20, 1966 WHEREAS, Ritter Construction Corp., Oakwood Water Works Corporation arse Mark Ritter or some of them, are the owners of a domestic sewage treatment cr disposal plant and system end the appurtenances thereto presently constructed and erected on the northerly side of Myers Corners -Road, in the Town of Wappineer, Dutchess County, New York, and WHEREAS, the Said parties, or some of them, are also the owners of a woter supply and distribution system and the appurtenances thereto presently constructed and erected in the same area and location es the aforesaid sewer system, end WHEREAS, the Town of Wappinger did heretofore and on April 2, 1965 enter into en agreement in writing with he aforesaid parties for the acquisition of the sewer system and water system hereinbefore referred to for the purpose of furnishing public domestic sewer service and water supply to certain of the reeidents of the Town of Wappinger, and WHEREAS, the incumbent Town Board of the Town of Wappinger has made en ietensive study of the April 2, 1965 agreeMent end the underlying facts and circumstance upon whichthe same was premised, and has recognized the existence of certain deficiencies- therein, and has deemed- it to be in the best interests of the public to re-negotiete the erms and provisions thereof, and WHEREAS, the aforesaid owners of'such systems have consented to a request for re-negotietion of the 1965 agreement, and WHEREAS, es a result of such re -negotiation o revised agreement has been drafted and. prepared and executed by the owners of such system and presented to this Town Board for consideration, and WHEREAS, this Town Board, after due investigation and deliberation, does deem it to be essential and in the best interests of the citizens and residents of the Town of Wappinger to acquire the aforesaid facilities pursuant to the terms ane conditions of he re -negotiated and revieed asreement, NOW, THEREFORE BE IT RESOLVED by the Town Board of the Town of Wappinger as follows: 1. That the terms, conditions and provisions of a certain agreement providing for the acquisition of the Oakwood Knolls Sever system and the Oakwood Knolls Water supply and distribution system be and they hereby are in all respects approved. 2, That Joseph H. Fulton, Supervisor of the Town of Wappinger, be and he hereby is authorized, empowered and directed to take all steps necessary to execute and acknowledge the amended and revised agreement for and on behalf of the Town Board of the Town of Wappinger, Seconded by: Justice of the Peace Bulger Mr, Fulton: This resolution -I have presented it, and Mr. Bulger has seconded I call for a vote, Is there any question? Mr. Dieh/: I have discussion on it. Before you bring it to a point, I would 1,ke to state my position. In fact, tonight we have a signed letter by the principal, he withdraws the contract. In my mind, if he withdraws m contract, we have no contract. 1 would like to go back to an investigation. All the Board wanted nn Town Board Meeting Oct. 2O, i956 investi tion. You called for it not to be wh;te-wash In my opin(on, undr- :he circumstances we have here, wa are making a white -wash motion, in fact, L..? nre paying to have it made, In closing this dea, the investiOtion ends, Vib dill not find out if anything was wrong. Our attorney slated that an offic;a1 of ihe health department, he had orders to bring a contract to Albany. According to a letter T have here, the same official says he did not call for a contract to come to Albany. Mr, Fulton: If, legally, there is no contract, you should have no fears because I can't sign it. As it was e legitimate investigation, the signing of t contract does not eliminate the investigation. Mr. Diehl: In my opinion, we are getting ready to close the deal with intent to buy, Mr. Fulton: livheryou were on this board when the original contract was signed with Ritter? PAr Diehl: Yes, but I abstainod from voting on the contract. Mr. Fulton: This is an amendment to the contract we have. Not changing the status, Mr. Diehl: Is the investigation still continuing? Mr. Fulton: To my knowledge it is. Mr. Diehl: Hs anyone been here? Mr. Fulton: No. Mr. Clausen: Has it been determined who owns the Oakwood plant? Fulton: Mr. Quinn, would you answer the question? Mr, Quinn: All I:hose, to the best of my knowledge, named in the agreement, examination of title, the normal procedure, will give a report on real and rersonel property involved. If a title cannot be found, the Town of Wappinger is not obliged to go on. Mr. Clausen: 1:3 it not up to the Attorney Generai to decide who ownv, property? Mr. Quinn: No sir, you are incorrect. Mr. Clausen: Isn't there a suit clninst the Town i'.rd Ritter from the County, osking 71wn Uoard Meetog Oct, 20, ig66 for payment for ,:.cmething like $600 or $1,000? Mr. Quinn: There is an action with declaratory judgement, seeing pronouncement from the court s to the obligation to maintain and operate this plant. Mr. Clausen: is the Town of Wappinger named in that suit? Mr. Quinn: Yes sir. Mr. Clausen: Has the State ever given any rulings as to who owns the plant? Mr. Fulton: It seems to me that Mr. Ritter must thin:; he owns the plant. Mr. Diehl: at the end of the investigation by the State, is it not possible that they could find that there are illegal dealings here, and it could be condemned and turned over to the State, Mr. Fulton: Possible, but very unlikely. Mr. Quinn: That is correct. The two things are not possible coupled together. If the State has found there is illegal construction here, it is not within the States power to serve es the function of a court and grant eminent domain to any party. Mr. Diehl: Through such a verdict, could we purchase it at a lower rate? Mr. Bulger: It might be higher. Mr. Diehl: Why are you so sure? Mr. Quinn: Because of experience with Eminent Domain. Mr. Fulton: Some time ago, in approaching this problem, I had approached it from the same point of viewv 1 have spoken since to a lot of lawyers and knowledgable people, I think now we have got the solution. We can have a decision to act this tonight, 1 think it is the best decision we could make. Mrr, Diehl: Seems investigation there has been a great indication close the fact. Mr. Fulton: investigation would not wind up in condemnatiorif the State were to find a violation of law and come down and fine Mr. Rit;er $10,000, this isn't going to help the people involved. Mr. Diehl: To me we are wiping it out. Tow Board ;' e',: ing -10- Oct. 20, 1966 Motion to suspend the rules made by Mr. Diehl. Seconded by Mrb Clausen, Motion Unanimously Carried, George Brannen read a letter, written to Mr. Diehl by Russell Aldrich, then acting as attorney for the Town, relative to the $120,000 contract with Oakwood Knolls. He pointed out it seems clear that one party had defaulted on the contract and believed that relieved the other party from the responsibility. He also noted the County Health Department had operated the plant for almost a year now, indicating it was a nuisance, possibly subject to condemnationo Mr. Fulton: Condemnation does not necessarily mean that you get something for nothing. Are you inplying we get something for nothing? Mr. Brannen: No. Motion to resume the rules made by Mr. Bulger. Seconded by Mr. Francese. Motion Unanimously Carried. Mr. Francese: Should this contract be in a legal position to be withdrawn, then any action taken by this Board might become secondary to the fact that this contract is withdrawn? Mr. Quinn: The contract is not withdrawn. it is a part of a great deal of pressure on Mr. Ritter. He is attempting to , or purportedly withdrawing it on, alleged breach of an escrow agreement by me. For purposes of this discussion, and for all purposes relating to the contract, we deny the truth of this letter. His own attorneys have denied them. The very fact that they are not here implies that. Mr. Worona: We have a ruling from attorney that this contract cannot be witra:-awn? Mr-. Fulton: You're out of order. Mr. Francese: Do we have a resolution signed by Mr. Ritter? Motion to suspend rules made by Mr. Francese. Seconded by Mr. Buleer. Motion Unanimously Carried. Frank Versace: Mr. Diehl & Mr. Clausen ere asking a lot of qu:stions. its a pretty late stage to be asking. They should be familiar with it, They shouldn't be asking questions. They should have had answers before they came here. Mr. Francese should have been here on time. I would like to know what the attorneys interest is as far Ti Eo as the Oakwood Knolls wafer works goes. Ir my own opinion, and this is my own feeling, 1 am tired of coming dowr here foy- the last three years and hearing everything i've heerd. You have a chance to pass this resolution, and if this Town Board had any int7Frest in the Town, they should pass this resolution. 1 want to see the Rlsolitioh passed. Motion to resume tl,! rules made by Mr. Bulger, Seconded by Mr. Clausen. Motion Unanimously Carried, Mr. Clausen: (CynneAt to Mr. Versace) I think you are under a misapprehensio, if you think tlat ) don't know answers to the questions. I'm asking them so everyone will k 1011110 I want it to be clear to everyone here. I'm ready to say that I ,thint: . understand the problems quite clearly. Mr. Fulton Ready to vote? Mr. clacen: One question - in 1963 or at the creation of the Oakwood Plant, 1 und, e.tand that the developer did not get State approval. Has the State given )val of the Oakwood Sewer Plant to date? v. Quinn: Not to my knowledge. Vote: Mr, Clausen: I abstain, Mr. Ritter withdrew his contract. i don't know owncr of sewer plant and don't know if the state approved it. Mr. Diehl: i would like to have in writing the decision of the State n.-6. to whefher LTuy!nq of this p i n the be ieerest of the Oakwood Develo rown T Mr. Claus - Atstain Mr, Bulger - Aye. Mr, Francese - Aye. Mr. Fu:t., - Ave. Mr. Dieh, Absiain. Resoluion duly adop4 Mr, Fulton c5Iled for a recess to sre, into exe,:uiiye session, Motion to suspend the rules for three minute 9:1W mede by Mr. Clausen. Soccne by Mr. 6viger, G;'&rric,:j _p_s r.. 6 i 4: g Mr. Worona: May I respectfully ask at this time whet the status of pending r:ictions on this floor concerning the L & A district and the perchase under option coniract. May I ask if it is the intention of the Town to create a large central munic°pal district in which the Oakwood Kno;ls sewer plant is to be incorporated, and so, when it is the intent of the Town Board to do so? Mr. Francese: I think it is the intent of this Board to go into execctive session at this time. Mr. Worona: When you come back, I request suspension of the rules so we can ha�•� some answers and discussion on it? Mr. Fulton: Going into executive session and discuss it with them. Mr. Bulger moved to resume the rules. Seconded by Mr., Francese. Motion Unanimously Cy; r ied Mr. Clausen made motion to recess. Seconded by Mr„ Bulger. (9:12) Motion Unanimously CJ: Meeting reconvened at 10:15. Mr. Fulton: The subject matter in this part of the meeting includes the Tc}wl.s intent to form a large sewer district. It was always our intent. Doing it in a the Town Board wants to do it. Our object here ;s to form large sewer- d i s'a-lets which wi 1 l be economically suitable for the people in the Town. With that in mind, way the F urd recessed for this resolution and will recess afterwards for about of IC minutes, RESOLU1 YON AUTHORIZING THE ACQUISITION OF THE DOMESTIC SEWAGE SYSTEM OWNED BY L. & A. FILTRATION CORPORATION, AND THE PREPARATION OF CONTRACT DOCUMENTS FOR SUCH PURPOSE .. p Cid Proposed by: Supervisor Fulton WHEREAS, the Town Board of the Town of Wappinger did on the 3rd day of February, 1966; adopt a resolution establishing a policy relating to the treatment and disposal of domes t i c sanitary sewage within its terr ;tori.. i limits, and WHEREAS, in establishing such policy the Town Board has determined last sewage treatment and disposGii plants and systems shall be owned and opere.ted by the municipality, wherever and whenever economically feasible, and WHEREAS, such piicy contemplates the formation of sewer districts ar.:- asewerage dispolsal districts to serve areas of the Town of Wappinger ns the need for service arise -3, and T'am Board Paeting -13- Oct, 20, 1966 WHEREAS, the implimentation of such policy requires that sewage teeetment and disposal plants and collection systems shall be acquired end/or coestructed by the Town of Wappinger in accordance with good engineering practice, sauna fnancial planning and he public interest as determined by the Town Board after careful investigation, and WHEREAS, L. & A. Filtration Corporation s the owner of a domestic aewaea treatment and disposal plant and collection system and the appurtenencee thereto presently constructed and erected upon certain real property situate ;r the Town of Wappinger, and WHEREAS, This Town Board has previously expressed an interest in acea.tring the said facilities efened by L. & A. Filtration Corporation for the purriee of using the same to provide public sewer service to residents of the Towr Wappinger, and to that end has prevously authorized and directed the 6upervisor of the Town of Wappinger and counsel to the Town of Wappinger to entry into negotiations for the acquisition of such facilities, and WHEREAS, such negotiations have been conducted by representatives of L, Filtration Corporation and representatives of this municipality, 'Aid as a result thereof it has been ascertained that the Town of Wappinear ma/ - quire and purchase the aforesaid facilities for the sum of $300,0e0,00, aed WHEREAS, the feasibility of such acqWeition and purchea: has been investigated by professional engineers employed by the Town ei Waepinger, wh engineers Nave recommended the proposed acquisition and purchase, and WHEREAS, This Town Board has deemed it to be essential to and in the b't- interests of the residents of the Town of Wappinger to preceed to acqtCre'" purchase such facilities for the purchase price hereinbefore set lorth. NOW, THEREFORE, BE TT RESOLVED by the Town Board of the Town cf WaoJt;aer as Follows: l That the Supervisor of the Town of Wappinger, with the aissist" counsel and engineers to the Town of Wappinger, be and he hereby 1E; n.d.lorized, empowered and directed to take all steps necessary to eomplete the ix "se and acquisition by the Town of Wappinger of the sewage treatment aneei sposal plant and collection system and the appurtenances thereto presentlrowne° by & A6 Filtration Corporation and situate in the Town of Wappingc. Dutchess County, New York, upon the terms and conditions hereinafter set frih, That counse to the Town of Wappingerbe and he hereby is authorized, mpowered and directed to draft, prepare and submit to this board a written a' eement providing for the purchase of the subject sewer facilities fror & A. Filtration Corporation. That such contract shall contain, among other tans, a description of all real and personal property to be acquired, provision '.)1" the time and place of closing, provision for interim operation of the fatalities until time of closing, provision that the facilities are to be purcheved in an "AS TS condition at the time of execution of the agreement, prov7;on fixing risk of loss or damage to the subject premises by fire or other cosualty during the executory stage of the agreement, provision regarding assignability of the contract by the vendor, provision incorporating the tefeie of the agreement by reference in any contract, undertaking and/or oblioltion which the vendor may enter into with any other party with relation to the Subject sewer system, and/or the assets or corporate stock of L, & A. Fil'eation Corporetion, provision that the agreement shall be binding upon the respe.tive successors and assigne of the parties, and provision that performance of the contract by the Town of Wappinger shall be contingent upon its ability to secure the following approvals and consents: (Al That the seller shall be able to convey a good and marketable title to all re and personal property involved free from liens and encumbrances, (b) - -^" ao: tlet eeatteee' - 7ovm Board /I:FRting -(4-- Oct, 20, 1965 eunset to the Town os to form, content and manner of execution 1c) Permission from appropriate governmental agencies to form the necessary special district or districts required to provide sewer ee-vice to the public by means of the system described herein, !d? Permission of the Comptroller of the State of New York to ma ket long Term obligations, of at least thirty (30) years duration, to finance the subJect purchase, (e) Receipt of favorable opinion of national bonding c.unsel as to_ 'he marketability of such obligations. (ft ',emission from the New York State Health Department to proviJa public sewer service by means of the system herein described, 2, The contract relating to acquisition and purchase of the subJect sewer system shall contain a provision that the Town of Wappinger shall make diligent application for the approvals and consents referred to in the fore- going paragraph ;mmeddately after execution of such agreement. Such contract shall further certain a provision whereby the vendor specifically and expressly waives any and all right which it or its successors and assigns or any of them' shall ever have to object to and oppose the formation of any public sewer district or public sewage disposal district or any other special improvement district intendec to be formed and established by the Town of Wappinger to provide sewer service with facilities which shall include the subject system, Such provision sh'Il include a consent in advance to the formation and establishment of 'improvement districts of such type and an agreement that the area of service of such new districts may be determined in the sole discretion of the Town Board of the Town of Wappinger. Such provisions relating to consent to formatio of special improvement districts may be enforced by the Town of Wappinger in an action or actions for specific performance, 3. The purchas? contract contemplated by this resolution shall be examined and revieweil at a public hearing to be held by the Town Board of the Town Wappinger on the 22nd day of November, 1966, at 8:00 o'clock in the evening of such day in the Town of Wappinger Town Hatt, Appropriate notice of such public hearing shalt be given by the Town Clerk of the Town of Wappinger in the manner prescribed by statute. After such public hearing has been concluded, the Town Board of the Town of Wappinger shall take all steps necessary to approve the purchase contract contemplated hereby and to authorize the Supervisor of the Town of Wappinger to execute and acknowledge the same, 4e This resolution and the acquisition and purchase contemplated hereby ere predicated upon the fact that le1A. Filtration Corp., at the time of execution of the purchase contract referred to herein, shall execute and deliver to counsel for the Town of Wappinger a stipulation of discontinuance of alt actions presently maintained by L.&A. Filtration Corporation against the Town of Wappinger, its agencies and all other entities Joined as parties defendant therein. Seconded by: Justice of the Peace - Vincent Francese Motion to recess made by Mr, Clausen, seconded by Pk. Bulger and carried. Town Board Meeting Ocl. 20, 1S,'66 Recess at 1025. Meeting c!led back to order at 10:37 P.M. Mr. Fulton: What is the measure of the Board at this point? Would you to hear from L.a.A.? Motion made by Mr. Buljer, seconded by Mr. Clausen, to suspend the rules. Motion carried. Mr. Worona: We hfie no objection this tjrne and in the spirit of cooperation, ask you to adopt this resolution. We hope we can reach an agreement that wi;1 benefit all. e hope we will never have a recurrence of some of the things said ',onight Motion to 2sume rules made by Mr. Bulger seconded by Mr. Clausen and carrier,, mr. Buio; made motion to 6djourn, seconded by Mr. Clausen. Motion Unarl7TJ51Y Carried. Meeling adjourned at 10:40 P.M.