1967-10-26 SPMA Special Meeting of the Town Board of the Town of Wappinger was held on October 26,
1967, at the Town Hall, Mill Street, Wappingers Falls, New York..
The Supervisor called the meeting to order at 9:42 P.M..
Present:
Joseph H. Fulton, Supervisor
Louis Clausen, Councilman
William Bulger, Justice of, the Peace
Louis Diehl, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Vincent Francese, Justice of the Peace
Others Present:
Rudolph Lapar, Engineer to the Town
Joseph Quinn, Attorney to the Town
Harold Reilly, Attorney to the Town
RESOLUTION NO. 44 — YEAR 1967
RESOLUTION, TOWN BOARD, TOWN
OF WAPPINGER, DUTCHESS COUNTY,
NEW YORK, APPROVING THE TERMS
AND CONDITIONS OF A STIPULATION
EXTENDING THE DATE FOR CLOSING
OF TITLE TO THE DOMESTIC SEWAGE
TREATMENT AND DISPOSAL PLANT
AND COLLECTION SYSTEM OWNED BY
L. & A. FILTRATION CORPORATION,
AND AUTHORIZING THE EXECUTION
OF SUCH STIPULATION BY THE
SUPERVISOR OF THE TOWN OF
WAPPINGER.
- The following resolution was offered by Mr. Fulton who moved
its adoption:
WHEREAS, L. & A. Filtration Corporation is the owner of a domestice
sewage treatment and disposal plant and collection system situate in the Town
of Wappinger, Dutchess County, New York, and
WHEREAS, the Town of Wappinger did enter into an agreement in writing
with L. & A. Filtration Corporation for the purchase of such sewer plant and
system, said agreement having been executed by the Supervisor of the Town of
Wappinger on Apri1;I4, 1967 pursuant to Resolution No. 28 — Year 1967, and
WHEREAS, provision was made in said agreement for closing of title
thereunder on September 30, 1967, and
WHEREAS, further provision was made in said agreement whereby the
Town of Wappinger might elect to terminate its liability thereunder in the event
that title to the subject plant and system was not closed by September 30, 1967, and
WHEREAS, this Town Board has heretofore taken formal action at a special
meeting thereof duly called and held on October 5, 1967 waiving its right to term—
inate its liability under the aforesaid agreement, and
WHEREAS, L. & A. Filtration Corporation has stipulated and agreed to
i
adjourn the closing of title under the aforesaid agreement until January 30, 1968,
and
WHEREAS, such stipulation has been reduced to writing, signed by a
representative of the selling corporation and submitted to this Town Board for
consideration and approval, and
WHEREAS, a representative of L. & A. Filtration Corporation has
appeared before this Town Board and requested that such stipulation be execut—
ed by the Supervisor of the Town of Wappinger on behalf of this municipality,
and,
WHEREAS, counsel to this municipality has given the opinion that
execution of the aforesaid stipulation will resolve all questions which have
arisen or which might arise as to the continuing validity of the April 14, 1967
purchase contract and the continuing liability of the Town of Wappinger to
perform its obligations thereunder and to complete acquisition of the sewer
plant and system which is the subject thereof, and
WHEREAS, COUNSEL TO THIS MUNICIPALITY HAS GIVEN THE FURTHER
opinion that execution of the aforesaid stipulation will permit the Town
of Wappinger to proceed in an orderly and convenient manner to accomplish
the final steps necessary to complete purchase and acquisition of the afore—
said sewer facility, and
WHEREAS, this Town Board, after due investigation and deliberation
does deem it to be in the best interests of this municipality that such
stipulation be executed,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of
Wappinger as follows:
Section iti That the terms, conditions and provisions of the
aforesaid stipulation be and they hereby are approved in all respects.
Section 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 deliver the aforesaid agreement for and on
behalf of the Town Board of the Town of Wappinger forthwith.
Section 3.
This resolution and the stipulation executed
hereunder shall be deemed to be a part of and an addendum to the purchase
contract executed April 14, 1967.
Section 4.
Seconded by Mr. Bulger.
Ayes: 4
Absent: Mr. Francese
Abstaining: None
Carried: October 26, 1967
This resolution shall take effect immediately.
Nays:. 0
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Rules were suspended to permit a few words from Mr. Lafko.
Mr. Lafko believed everything was agreeable to him. He asked that when the Engineers'
Reports were filed with the Clerk that the Board be alerted and ready to move to est-
ablish a date for a Public Hearing.
Rules Resumed.
Mr. Fulton gave some background to the Board regarding the Fleetwood Sewer and Water
Plants. Through conversations with Mr. Gallo it was ascertained that there was a
possibility of negotiating for the Sewer and Water Plants at an option price already
established - between Gallo and the Town (*121'000 - Sewer - $93,000 - Water) but
there were possibilities of negotiating at a lower figure. He would like the Board
to give him authorization to negotiate an option price with Mr. Go||o,
Mr. Diehl asked for clarification as to whether it would be a Town or District
charge, and was satisfied when Mr. Fulton replied that it would be a District
charge. He then mentioned the 11 points of violations that the N.Y. State Health
Department had notified Gallo of and felt sure Mr. Fulton would keep this in mind
also when discussing negotiations.
Mr. Fulton said assuming that the purchase price was $150,000v and assuming that the
repair price was around $50'000 that would mean that at the present time the total
sums would be somewhere around $200*000. On a 30 year Bond at 4% - the Principal
and Interest would be calculated at $12,000 per year. The estimated operation and
maintenance cost for both systems is estimated at about $7,000 (o|| figures are
opprox(mo1a)° In figuring roughly the cost per unit - assuming that - in the
FleetwoodHickory Hill Area there were 128 units and 28 in apartments (using the
figure of / unit per apartment) for a taxable total of 156 units this would bring
.
the Principal and Interest to about $77.00 per unit and Operation and Maintenance
would be about $45.00 giving a potential base rate of $122.00. All these points
would be to the advantage of the residents if a district was formed. There would
be certain advantages of.con1ro| also if the water system was included Mr. Fulton
assure Mr. Diehl that he had made it clear that there was nothing firm about any of the
past discussions and that any of the negotiations that will oome up will not affect
their (Gallo) standing with the Health Dept. or anyone else. He also made the point
that he doesn't want authority to make a direct offer to Gallo, just to negotiate
to have Gallo propose a figure.
Mr. Diehl moved that the Supervisor be authorized to negotiate with Mr. Gallo for
u proposal of a purchase price of the Fleetwood Water and Sewerage Plants.
Seconded by Mr. Clausen. Motion Unanimously Carried.
Rules were suspended to allow discussion with residents of the Fleetwood area.
There were questions about the possibility of condemnation: would members of the
Town Board be present if a Public Hearing was held, in regard to 8o||os` petition
to Public Service for increased water rates, to counter his reasons for wanting
a raise; whether, under the contract option in 1900, Gallo was specified to
maintain and operate and keep system in order; and, concern was shown with the
estimates of purchase, as there di'dn't appear to have been any constructive main-
tenance in the past 6 years.
Mr. Joseph lnooronoto, Fleetwood, mentioned there would be a meeting with the
Fleetwood residents at the Hu8hsonvi||e Fire House (October 27th) for informat-
ional purposes on the Water and Sewage problems. He also asked that the residents
be supplied with water until the water system is brought up to a desirable level.
It was asked that the Town of Wappinger make an approach to Fitchett for direct
water delivery.
Mr. L'Archevesque mentioned that he felt the Town had several alternatives -one to
pursue negotiations with the developer and come up with a reasonable price and
provide for a reasonable rate and the other was to negotiate through the courts.
So, with good arguments, a sound price can be brought to the Board.
Mr. Clausen questioned as to when the Feasability report had been received, and
was concerned with the fact that he had just received a copy the day prior.
Mr. Fulton had received a copy a month or so agov and there was some question as
to whether or not his had been the final one. Apologies for misunderstandings
were extended by Mr. Fulton. Mr. Clausen recommended it be checked to see if
it was the final report.
Rules Resumed.
Motion made by Mr. Clausen, seconded by Mr. Bulger and unanimously carried to
adjourn the meeting.
Meeting adjourned at 11:55 P.M..
/U �^
Elaine H. Snowden
Town Clerk