1967-10-19 SPMA Special Meeting of the Town Board of the Town of Wappinger was held on October 19,
1967, at the Town Hall, Mill St., Wappingers Falls, N.Y..
Members Present:
Joseph Fulton, Supervisor
William Bulger, Justice of the Peace
Vincent Francese, Justice of the Peace
Louis Diehl, Councilman
Louis Clausen, Councilman
Others Present:
Knud Clausen, Highway Superintendent
Rudolph Lapar, Engineer to the Town
Joseph Quinn, Attorney to the Town
Harold Reilly, Attorney to the Town
The Supervisor called the meeting to order at 7:11 P.M..
A Charter for the CATV Committee submitted for adoption by Mr. L'Archevesque was
presented, as follows:
TO: Town of Wappinger Town Board
SUBJECT: CATV Committee Charter
Pursuant to your request of October 5th l am proposing the following charter
for your consideration.
The (5) member committee shall have the following objectives:
1. The determination as to whether or not the Town of Wappinger
should allow a second CATV company to operate within its municipal
boundaries taking into consideration the following:
a) The current contract with U.S. Cablevision will
be completely adhered to as a minimum requirement.
b) There is no question of aerviee from an existing
system. As per (a) a head end must be installed
within the boundaries of the Town.
c) Any applicant who applies should submit a site plan
to the Planning Board for approval.
2. To provide laison between the Town of Wappinger and any
CATV company with regard to use of the focal chotne| and
considering the following:
/
a) The type and amount of equipment to be ins1a| ed—
(i.e.—video1operecorder, cameras, furnishings, etc.)
b) The o|\ocotion of time for civic use of thoc.athnel.
c) The type and amount of programming.
d) Any special equipment which might be beneficil| such
as: time—weather monitor, all channel emerBecy
interrupt feature, stock quotations, etc.
e) Sources of videotapes such as private industry or
the New York State Library in order to supplement
local events.
3. To provide a third party approach to system problems to see
that users and nonusers are protected from specifiqation
vio/otors,rndiation or any other type of problem. (In cases
where leakage occurs and is affecting the reception of a
non—user and the problem is not readily solveable the
obmimiltee may recommend that CATV service be provided
without charge until the problem is solved. Such a
recommendation would be binding on the CATV operator as
per a verbal agreement between the Town of Wappinger and
Highway Displays, Inc. (U.S. Cablevision). The following
points should also be considered:
a) Insurance that signals received by customers are meeting
the contracted specificationol requirements via an
audit system.
b) Acquisition of equipment by the CATV operator to
perform (a) although use of N.Y. Telephone equip—
ment may be possible.
4. To insure conformance to and to provide a continuing review
184
of our contract including suggestions of changes or
alterations.
a) A case in -point may be to include'in writing the
provision of service at no charge where a
leakage problem exists.
5. To act as an arm of the Town Board in investigation
of any and all problems of a technical nature relating
to CATV which are referred to the Committee by the
Town Board.
Respectfully Submitted
R.L. L'Archevesque
Confidential Secretary to the
Supervisor
Some of the members said they had not received a copy. Mrs.,Snowden made
note of the fact that all Board copies had been mailed on October 11.
Mr. L. Clausen, commenting on #5, observed that it could not give them author-
ity to make municipal decisions, all it really does is give them direction.
Mr. Francese moved that the Board adopt the suggested CATV Committee Charter,
as submitted by Mr. L'Archevesque, which was forwarded to the Town Board on
October 11, 1967, realizing fully that the Committee is formed for recominend-
ation purposes to the Town Board on these points considered in the Charter.
Seconded by Mr. Li Clausen and unanimously carried.
Mr. Diehl commended Mr. L'Archevesque for 1Iis hard work.
Bills for recreation submitted for approval in the amount of $7,286.61.
Mr. L. Clausen moved the bills be paid, subject to audit.
Seconded by Mr. Francese. Unanimously Carried.
Mr. L. Clausen asked the Attorney where the Board stood on a resolution passed
about May, whereby the Board asked developers to put in roads before any building
permits were issued. He wanted to know if this was still up in the air and had
the Planning Board heard from the Town Board regarding it.
Mr. Quinn mentioned that he had written a letter in connection with the power,
under 280 or 281 A of the Town Law, the Board already had in this area.
Mr. L. Clausen continued by asking if the Building Inspector was aware that no
building permits are to be issued until roads are in?
Mr. ,Quini noted that , i t _ateebdy had been ettab i ri shed ihat4no_bu i I d i ng-.permiAs
were to be issued where roads weren't brought to satisfaction of the Town
Board and Superintendent of Highways.
Mr. L. Clausen clarified that he was talking about future developments that
developers should be made aware of the Board's' action. The intent of this
resolution was to prevent other problems from developing in this Town so that
developers would know that before building permits' were issued he would have to
put road in according to Highway Specifications.
The following excerpts from the May 4, 1967 minutes were read:
"Mr. L. Clausen said he would like to see the road specs upgraded (those adopted
March 4, 1965) and would like to make a resolution accomplishing this, — it had
been in the discussion stage too long. Mr. Clausen made a motion that the Town
Board empower the Attorney to the Town to draw up a resolution stating thatinthe
future all developers should install roads up to the last specification — which
is the final Blacktop — before any Building Permits are issued. Mr. Clausen
clarified his motion indicating that he didn't want to get into the legal resolution,
he just wanted the Board to empower counsel to draw up a resolution whereby it
would state the intent of future developers having to put in the road specs as
of March 4, 1965, with the exception of the final specification, that of the
Blacktop — before Building Permits are issued. He would like It to become
effective tonight and the Planning Board sonotifiedif, it is passed, they
would incorporate this in their mandatory regulations.
The ensuing discussion brought out that it couldn't become effective tonight,
as notice would have to be given, public hearing held, revision of specifications, etc..
Mr. L. Clausen reworded the motion, and moved that the Town Board adopt this
resolution and refer it to Engineer to the Town and Highway Superintendent for
recommendation, whereby the -developers would have to install all of the road spec—
ifications under the March 4, 1965 specs with the exception of final surface before
any Building Permits are•issued, subject to the Engineer to the -Town and Highway Super—
intendent inspection and acceptance.
Seconded by Mr. Diehl. Unanimously Carried.
Continuing the conversa.l:ion on the roads, the discussion revolved around pros and
cons of what position the developer would be put in; where the present specs are
lacking; how the present required bonding would be affected, i.e. what requirements
of time would be recommended; and position of the Town in taking over the roads."
Mr. L. Clausen asked if, on recommendation of Highway Superintendent and Town Engineer
this could be passed and also asked the Engineer if he would recommend this.
Mr. Lapar: "On these new specs, yes." (Referring to his revision of the Highway
Specs that are presently in the hands of the Board for consideration).
There was a short discussion on the powers of the Board and Highway Superintendent
approves the roads.
Mr. Quinn: Under general statute each situation must be judged on its facts.
Mr. Bulger felt there were some legal implications here, the Board must go ahead
and adopt new specs, the Building Inspector does not have any real legal authority —
providing all other qualifications have been met — for those areas where 2 develop—
ments harabeen approved. We do not want to treat each case as an individual case.
Mr. Quinn's opinion was that they had to. It's a legislative matter— if the Board
wanted to say everything has to be paved before a developer can put up a house, this
7
is the Board's prerogative.
Mr. L. Clausen asked to set a night when the Board could come together and discuss
the Engineers' new recommendation. .
Mr. Bulger concluded that the Board needed to consider one other thing — the minutes
of the meeting the Board approved (May 4, 1967) lead to misinterpretation.
Mr. Fulton. said .he would set a meeting for next week.
Mr. Francese moved to reconsider a motion made by Councilman Clausen on May 4, 1967,
as recorded on Page 559 on the approved minutes of the meeting of that date, per—
taining to issuance of building permits subject to road specifications.
Seconded by Mr. Clausen. Unanimously Carried.
Mr. L. Clausen moved to amend the minutes of May 4, 1967 as recorded on Page 559
in the Town minutesofMay 4, 1967, to read as follows: I move we delete the
words "adopt this resolution and" and also, after the word refer, "it" should
be deleted. "Move that the Town Board refer to the Engineer to the Town and
Highway Superintendent, for recommendation, the proposal whereby the developers
would have to install all of the road specifications under the March 4, 1965
specifications with the exception of final surface to the Engineer to the Town
and Highway Superintendent inspection and approval." The last word, "Acceptance"
should be changed to "approval".
Seconded by Mr. Francese. Motion Unanimously Carried.
Motion to adjourn made by Mr. Clausen, seconded by Mr. Bulger. Unanimously Carried.
Meeting adjourned at 7:49 P.M.. .
Elaine H. Snowden
Town Clerk
r
WARRANT
To Joseph H. Fulton , Supervisor
Town of Wapp i nger , County of Du1chss , New York.
The following claims, having been presented to the Town Board of the Town of
, and duly audited and allowed at a meeting thereof held on the
Wappinger
�9 th day of October , 19..67._, in the amounts hereinafter respectively specified, and
a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM
No.
NAME OF CLAIMANT
656 Dave Alexander
01-77
471-
igg
6s
Richard Price
N.S. Supply
Stephen White
Roger Heyman
The J.E. Burke Co.
Ase—
USD Ness
George Schlathaus
✓ il, &V 1 to Bus Lines
✓d;6r David Kelly
✓loo
666 Beatrice Salyer
Harold Brilliant
/7o
aZ Red Oaks Mill's Hobby
jln3
�669�- I Toennings Qonst. Co.
Charles Straley
AMOUNT FUND OR
ALLOWED ACCOUNT
2,420.
30.
Rec. "E"
OTHER INFORMATION
Rec. You t.1 "B"
6.12 Rec. "E
33.00 Rec. Yout "A"
33.00
.79
193.20
16.50
760.00
26.00
73.50
37.50
67.45
Inc] 976.00
71.55
Rec. Yout1 "A"
Rec. Yoitn "8"
Rec. mum'
Rec. "A" I
Rec. You + '8"
Rec. "A" 1
Rec. "A" 1
Res. XXXX1 Youth
Rec. Youti "8"
Rec. "E" 1
Rec. "A" 1
"8"
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of
this day of , 19
[SEAL]
. TncILLA c
Town Clerk
WARRANT
To o eph._B..__Fulton , Supervisor
Town of Wappinger , County of...DutCheBa , New York.
The following claims, having been presented to the Town Board of the Town of
Wappinger , and duly audited and allowed at a meeting thereof held on the
19thy of October , 19_%_7._, in the amounts hereinafter respectively specified,and
a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authoized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM
No.
NAME OF CLAIMANT
AMOUNT FUND OR
ALLOWED ACCOUNT
OTHER INFORMATION
John Pray
✓ 705 New Hackensack Rd.Pk. 700.00 Rec.
✓706 Ifill Enterprises 594.0 Rec. Youth "B"
✓jnr Ifill Enterprises 650. Rec.
In Witn� s hereof, I have hereunto set my hand and the Seal of the Town of Wappinger
this 33�� day of October 19 67
[SEAL]
Town Clerk