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1967-10-05 RGMAGENDA - TOWN BOARD OCTOBER 5, 1967 1. Supervisor call meeting to order 2. Roll Call 3. Accept Minutes Sc 4. Reports of Officers Ze2C l o.,1 Bldg. Insp. Justices Su ervisor Lit clq Bills: General Fund Highway 13?4'kd .4q Rockingham Sewer Distr. Oakwood Water & Sewer Distr. c?9 s3 5. Petitions and Communications Na. Louis Eck re: Town action to condemn Spook Hill Rd. /b. Amherst Lane Residents - request clarification of status of Amherst Lane C. Robert L'Archevesque re: Beacon Cable Corp. ,,d. Allen Rappleyea re: Highway Displays request concerning Village consent %. Request for 2 Planning Board members toattend meeting in Monticello Oct. 15 - 17th xw?�'enwegen r -ens,. Ig. Robert L'Archevesque re: .request to consider purchase of Fleetwood Sewage Disposal Co. h. Ward S. Scofield re: Petition for rezoning property on Robinson Lane. Wappingers Falls Chamber of Commerce )j. Dept. of Transportation re: 1. traffic light New Hackensack,, All Angels & Rt. 376 intersection 2. Change of orders for light at in Hopewell 6. Reports of Committees 7. Resolutions 8. Unfinished Business - Rudolph Lapar Report on Ardmore Hills Storm Drain project 9. New Business 10. Miscellaneous Business 11. Adjournment cc,rvCese- P L ;Cr p The Regular Meeting of the Town Board of the Town of Wappinger was held Thursday evening October 5, 1967 at the Town Hall, Wappingers Falls, New York. The Supervisor opened the meeting at 7:08 P.M. for the purpose of a public discussion period. The Supervisor called the meeting to order at 7:35 P.M. Present: Joseph Fulton, Supervisor William Bulger, Justice of the Peace Vincent Francese, Justice of the Peace Louis Clausen, Councilman Louis Diehl, Councilman Elaine. Snowden, Town Clerk Others Present: Knud Clausen, Superintendent of Highways Rudolph Lapar, Engineer to the Town Joseph Lugewig, Building Inspector Quinn & Reilly, Attorneys to the Town The minutes of September 5, 1967, Special Meeting and the Regular Meeting of September 7th were offered for acceptance. Mr. Diehl had an objection to the September 7th meeting, and asked that they be held for acceptance until the November meeting.. Motion was made by Mr. Clausen, seconded by Mr. Bulger to accept minutes of September 5, 1967. Roll Call Vote: 4 Ayes Mr. Francese abstained The Building Inspector, Justices and Supervisors reports were received and ordered placed on file. The Bills presented were in the amounts of: General Highway $ 4,894.69 Rockingham 13,440.49 Oakwood----- $ 615.94 1,799.53 Mr. Bulger moved that the bills be paid, subject to audit, seconded by Mr, Clausen. Motion.Unanimously Carried. The following letter was received: Town Board, Town of Wappinger, Wappingers Falls, N.Y. Gentlemen: Sept.:13, .1967 Re: Town action to condemn property for Spook Hill Road - Sept. 7, 1967. Gentlemen: In order to protect my interest, in the above mentioned property, I wish to submit this letter of record relative to actions and privileges that the Town has taken, through its' Highway Dept. in reconstructing Spook Hill Road. 1. A right of entry was never acquired, by the Town or any agent acting for the Town, previous to commencing construction. 2. The Highway Department willfully entered on to private land and cut down a minimum of a dozen trees. The three largest trees had butt measurement of at least three feet in diameter and were over fifty feet in height, with good foliage. 3. The stone wall was completely removed and the grade of the road is now higher than the top of the original stone .wall. 4. In replacing the drainage pipes, under the reconstructed road, you placed the pipes in the new location and did not even ask for new right-of-ways for drainage purposes through our land. 5. In traveling the new road this date I find that all my lots, along the west side of Spook Hill Road, will no lodger have the value of fifty foot trees - plus the water will now drain at random over the entire plot and it is now three feet below road grade. Also, let me be of record that, as of this date, neither myself or my partners have received a description of the land you have already confiscated nor has any agent of the Town ever offered to compensate us for the damages I have listed. In closing may I remind you gentlemen that I believe, under the new laws of condemnation, you must initiate the condemnation before you enter the land, not after your work is 70 - 80% completed. Respectfully yours, s/ Louis Eck Mr. Eck enlarged on the items in the letter, saying that he had not given permission to cut down the trees, and that the Highway, in widening the road had built up the shoulders way above his property. He wanted to know what action the Town was going to take before he proceeds with legal action. Mr. Knud Clausen stated that Mr. Eck had given him permission for the Highway Dept. to go in and clean up the whole thing. The only thing along the road was dead trees and poison ivy. It was.. true that the road was raised up, but the drainage that was replaced was the exact same thing as.was.taken out. Mr. Fulton suggested turning this situation over to the Attorney to the Town and Engineer to the Town for advice. _ _ The following letter was read: Sept. 21, 1967 Mr. Knud Clausen and Town Board Wappinger Town Hall Mill Street Wappingers Falls, N.Y. Gentlemen: We the undersigned would like clarification of the status of Amherst Lane, with respect to the building of the_road and the maintenance of a passable road during the winter. 1) When will a date be set for the court case between the Town of Wappinger and the bonding company? 2) What provisions are being made to shape up the road and maintain it, provide culverts, gravel etc., in the event a waiver can not be obtained from the bonding company? Although the washout on the side of the road and the lack of gravel near the top of the road do not represent an emergency during the summer months, they will become more hazardous as winter progresses. When the snow melts in the spring, the upper portion of Amherst Lane will turn into mud, making it impossible for vehicle travel. Although filling in the washout will provide a temporary solution, it will only last until the next rain storm or spring thaw. We feel temporary drainage should be provided to minimize the rain damage until the bonding company decides to bring the road up to specifications. If the town waits until the actual emergencies mentioned occur, the emergencies will be difficult and expensive to deal with. Gentlemen, the time to act is now. Respectfully- yours, signed by residents of Amherst Lane Mr. Quinn said that this matter was in the hands of the Continental Casualty Bonding Company, and they, in tarn, had been put in the hands of their bonding attorneys. He had nothing further to report. Mr. Diehl asked Mr. Quinn what his opinion was of the chances of accepting the Raker proposal. Mr. Quinn, up to this last week was encouraged, but was afraid it would end up in litigation. Rules were suspended to permit Mr. John Salomy to ask what the Board has in mind with regard to winter maintenance. He pointed out that the Town had taken over Wildwood, why couldn't this be done with Amherst Lane.also. It was stated that that was a_problem =of,a far different scope, but if an emergency arose the Highway_Superintendent Tficf could use his -discretion to supply assistance without jeopordizing the Town. Mr. Heydman asked how the negotiations were coming on Beechwood Circle. Mr. Quinn was encouraging in that correspondence with the Bonding Co. and the developer were cooperative. Rules were resumed. Mr. Diehl asked Mr. Quinn if by using pressure on the Bonding Co., might a favorable action be obtained. Also, if there were an emergency declared could there be back charges. Mr. Quinn pointed out the actions taken in the spring with the Tall Trees roads and commented that each emergency must be judged individually when it occurs. The following report was received: Sept. 19, 1967 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: Pursuant to your request of September 7, 1967, I met with Mr. Harry .Calhoun of Beacon Cablevision to discuss his proposal for providing CATV service to the Town_of Wappinger from his existing system in Beacon and Fishkill, without the necessity of installing a head end in the Town of Wappinger. Please be advised, in the first place, I do not recommend having a second CATV companh operate in the Town because of the potential problem of identifying responsibility for radiation leaks and other common occurrences. However, if the Board deems otherwise, I offer the following for your consideration: 1/ Although Mr. Calhoun claims it is technically feasible to service CATV from his existing system to certain areas of the Town such as Fleetwood Manor and Chelsea, I do not recommend it technically. In addition, I eliminated other CATV companies from consideration because they would not. put up a head end in the Town of Wappinger. However, once the U.S. Cablevision cable route is fully laid out, we may find that it is uneconomical for them to serve certain areas_ of the Town. On that basis, I think it would be in order to contact all of the companies who have applied and ask if they would be interested in providing service to those specific areas. 2/ Mr. Calhoun should install a head end in our Town and provide service to those areas which, on a competitive basis, he can capture. In my discussion with him, I told him that this would be my recommendation. I also advised I thought the Board would be reluctant to act favorablyon his appli- cation if they did not know the location of the prospective head end. Mr. Calhoun refused to make public his prospective sites, but did offer to meet with_the Planning Board and let them select the optimum site based on their assessment of impact on homeowners and other criteria. Mr. Calhoun further stated that, once the site was selected by the Planning Board, he would file complete site plans for thier approval. I stated I thought this would be acceptable to the Board and that I would certainly recommend it and would request it_be brought up at the next regular Board meeting to be held on October 5th or sooner, if possible. Mr. Calhoun did point out his pros- pective sites to me in confidence. Mr._Calhoun was quite concerned about the delay in acting on his application. I pointed out that it took many months of investi- gation to select U.S. Cablevision and that I felt we had proceeded at a reasonable pace, but that he was certainly welcome to voice his complaint to the Town Board. He further stated, that every day he lost was giving U.S. Cablevision an additional advantage in as much as he considers delay being denial. He also said the Town had created an exclusive franchise by not allowing anyone else to come in at the same time as U.S. Cablevision. I pointed out to Mr. Calhoun that it was impression that the Board's philosophy is not granting an exclusive franchise and irrespective of the legal coonotation, was to leave the door open in case U.S. Cablevision folded up or defaulted on its' contract, and that it was never intended to have three or four CATV companies running haphazardly over the Town installing head ends and lines on,top of one another. Mr. Calhoun and I closed on the note that, if the Board decreed, he would do exactly as indicated in point #2, and that once he had obtained site plan approval, I felt sure his permit would be approved. I strongly urge the Town Board to appoint a five man committee to act as a liason between the Town of Wappinger and U.S. Cablevision with regard to possible radiation prob lems and to begin planning for use of our local TV channel. I would be willing to serve on this committee and if the Board desires, can submit names of quali- fied individuals willing to serve in this capacity. Very truly yours, s/ Robert L. L'Archevesque Mr. Bulger asked if, the Board would act on the appointment of a committee tonight. At any rate, some date should be established. Mr. Fulton recommended Mr. L'Archevesque be notified that the Board has agreed to appoint a 5 man committee, and for him to come up with some form of charter for this commiteee to work under. Mr. Clausen moved to accept the recommendation of Mr. L'Archevesque and for each Board member to bring in a.name within 10 days, seconded by Mr. Bulger. Motion Unanimously Carried. Mr. Diehl asked Mr. Ludewig what was the status of the height* of the cablevision antennae. Mr. Ludewig answered that he was still awaiting an answer from Highway_Displays. Rules were suspended .to permit Mr. James Boyle to ask if it was true that the TV Antennae could be placed on top of thg water tower. Mr. Fulton said this was true. Mrs. Keeler asked about -the need for site plan approval for these uses. Rules resumed. The following request was received: - September 21, 1967 Town Board, Town of Wappinger Town Hall Wappingers Falls, New York Re: Highway Displays Gentlemen: As you know, et the time of the negotiat=ion of our contract with the Town of-Wappinger, it was contemplated that the applicant Highway Displays,'would seek -a permit to operate within the Village of Wappingers Falls. Highway Displays has diligently applied for such a permit -and on September 20th, 1967, a condi- tional franchise was granted to them, dependent upon the execu- tion of a final agreement. - As you may recall, it was stipulated in the contract with the Town of Wappinger that before the signal from the tower located in the Town of Wappinger would be -transmitted to any other Town or -Village such use would be authorized by the Town of Wappinger. We, therefore, ask your consent which we would appreciate by way of a resolution authorizing the use of the signal and the tower, located in the Town of Wappinger for the purposes of the initiating of a signal for use in the Village of Wappin- gers Falls pursuant to an agreement with the Village of Wappin- gers Falls. - If you have any questions concerning this, kindly let me know. Yours very truly, s/ Allan E. Rappleyea Mr. Francese moved that the letter be received and placed on file, seconded by Mr. Clausen. Roll Call Vote: Mr. Clausen Aye Mr. Diehl Aye Mr. Francese Aye Mr. Fulton Nay Mr. Bulger Nay Permission was requested for two Planning Board members to attend -the New York State Federation of Official Planning Organizations Annual Planning Institute, at Monticello, N.Y. October 15 through October 17. Mr. Diehl moved that permission be -granted and expenses be chargeable to the Town, seconded by Mr. Clausen. Motion Unanimously Carried. The following letter was received: September 24, 1967 Mrs. Elaine Snowden, Town Clerk Town of Wappinger, New York Mill Street Wappingers Falls, New York Dear Mrs. Snowden: Based on continuous problems with our water system over the last (3) years and the fact that our sewage plant operation is marginal at best, I hereby request the Town Board to enter nego- tiations with the owners of the Fleetwood Water Works and Fleet- wood Dewage Disposal Co. Inc. with the intent to purchase -such systems in favor of a proposed district at said development. Please be advised that I have requested the Dutchess County Board of Health to investigate the status of the sewage plant so as to determine if it is being operated properly which, I doubt, and if the effluent is meeting their criteria. Your assistance will be appreciated. Sine'rely yours, 5/R. L. L'Archevesque Mr. Fulton suggested that all Board members receive copies and make a study and bring it up for discussion at a later date. Mr. Diehl asked if the Water Resources Commission would be inter- ested in receiving this report - contamination and so forth intimated here - also that the N.Y. State and Dutchess County Health Dept. be contacted, and refer all information to these bodies. Mr. Diehl moved to acknowledge the receipt of the letter for the N.Y. State Dept. of Health and state the Town Boards' concernof the matter. Seconded by Mr. Clausen. Motion Unanimously'Carried. Copies to be sent to Water Resources Commission with copy of letter from N.Y. State Dept. of Health. Mr. Bulger moved that the Board request the Engineers to the Town to make it his business to learn the extent of the problems and the potential solutions and possible causes and the resolution of these problems. Seconded by Mr. Clausen. Motion Unanimously Carried. A Petition was received from Mr. Ward Scofield for the rezoning of a parcel of property on Robinson Lane. Mr. Francese moved to refer it to the Planning Board for recommenda- iv tion, and the Dutchess County Planning Board if required. Seconded by Mr. Clausen. Motion Unanimously Carried. The following letter was received: Sept. 29, 1967 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: In light of the recent release in the Poughkeepsie Journal con- cerning the condition of the Village water tanks plus the fact that the Imperial Plaza has had second thoughts of location of a new tank, we would like to request your Board reconsider the plan the_Chamber of Commerce outlined at a dinner meeting at the Lamplighter's Inn last fall. The fact that the Town of Poughkeepsie has decided to drink Hudson River water means the Town and Village of Wappingers Falls should either re-evaluate the plans we discussed, or get ready to pay the high taxes the Town of Poughkeepsie must now enact to have a water supply that,will be costly built. It will not be as high a quality water as the Town and Village of Wappingers will have if,they should decide to develop their own supplies jointly. May we respectfully request your Board to consider this invitation and let the Chamber secretary know what date would be appropriate. Respectfully yours, s/ Louis Eck Referred to the committee working with the Chamber of Commerce on the water problems (Mr. Francese). The following report was received: Sept. 27, 1967 Elaine H. Snowden, Clerk Town of Wappinger Mill Street Wappingers Falls, New York LOCATION: Intersection of Route 376 with New Hackensack and All Angels Roads. Dear Mrs. Snowden: We have your letter of September 18th relative to the subject location. This Departments' study included a 12 hour vehicular volume count. Volumes on Route 376 as well as on New Hackensack and All Angels -Roads are ,below the minimums required by National and State standards to justify signalization. Parking occurrs on the west side of the state highway at the island separating New Hackensack and All Angels Roads. These vehicles restrict visibility of side road drivers about to enter Route 376. We have therefore issued the enclosed Action Statement prohibiting standing in order to improve conditions. The -Poughkeepsie Office of this Department will install and maintain signs posting the regulation. As you know, New Hackensack and All Angels Roads intersect just to the west of the limits of the state highway. _This Department there- fore has no jurisdiction with respect to Stop or Yield sign and signal control. Present control consists of Stop signs on adjacent arms (westerly and southerly) and no control on the other adjacent arms (easterly and northerly). This method is rather unusual. We have no information on the accident history at this intersec- tion of local roads. If data on accidents is available locally and the details are forwarded to use, we will be glad to further review conditions and possibly submit recommendations for changes in control. The accident information should show date, time, severity road condi- tions, direction of vehicles involved, etc. Very truly yours, DEPT. OF TRANSPORTATION J.=BURGH MCM©RRAN COMMISSIONER BY: s/ LLOYD A. MAEDER, DIRECTOR Div. of Traffic Eng. Mr. Diehl, referring to the last paragraph of the letter, was still of the opinion that it is a dangerous intersection and recommended that the State Police and Sheriff's Office be contacted, requesting that they forward any information, such as accident history, to the Town Board. (forwarding this letter along with the request.) Mr. Bulger mentioned that Mr. Dick Weist, owner of the store at this intersection, had shown his concern over the action of the Dept. of Transportation. The Board may have created a problem that had not been intended. The concern was what effect the parking signs would do to his property. Mr. Quinn stated, after listening to an explanation of the dilema, was that Mr, Weist must,._ ifanything., seek redress against the state of New York, .on.the basis that the factoappropriation: for which they are not being compensated. Mr. Bulger moved to reply to the Dept. of Transportation, indicating we have received an objection from Mr. Weist, and ask them to look into Mr. Weist's problem. Seconded by Mr. Francese. Motion Unanimous- ly Carried. (copy to be sent to Mr. Weist.) A copy of orders from the Dept. of Transportation were received regarding the change of orders that would now allow for a traffic r, signal light at Route 9 and Old Hopewell Rd. Recess called 8:59 P.M. Meeting called back to order at 9:37 P.M. All members present. - Mr. Clausen reported that the Water Committee (Local Law #2)_was meeting again and should have a report in soon. Mr. Fulton made a comment concerning the fact that two important issued before the Board had been bogged down in committees, and hoped that before the end of the year these 2 issues could be resolved. Resolution concerning accepting the public streets and roads in Wildwood Forest. Subdivision and exonerating the Principal and Surety on the Performance Bond heretofore posted with the Town of Wappinger to insure completion of improvements in said subdivision. Mr. Quinn submitted the following letter and simultaneously noted_ that a check for.$2,700 from Mr. Lafko to the Town of Wappinger was contained in the letter, and that Mr. Lafko had deposited with him the necessary instruments of title (the deed to the road to this property -was recorded back in 1963 but contains a metes and bounds description which he felt could be improved upon and he is drafting the supplemental instruments at the present time.) October 5, 1967 Town Highway Department, Town of Wappinger, N.Y. Gentlemen: Enclosed you will find Skyview Development Corporation check -#582, in the amount of $2,700.00, relative to agreement as per special Town meeting of October 2, 1967 - subject "acceptance of,roads and drainage easements." The above mentioned check relieves all persons and corporations, under all performance bonds of record, as outlined: in the bonds, pertinent to Wildwood Forest, Section 1. It, also, relieves all other verbal or written agreements between the Town of Wappinger, Town Highway Department, and absolves all legal action commenced between Town of Wappinger, Skyview Dev. Corporation and/or its' principals. Respectfully yours, s/ Fred J. Lafko s/ Dave Alexander Mr. Quinn had only one suggestion and that was to interlineating in 7 the second paragraph, starting with "the above mentioned check relieves all persons, "when the proceeds are collected: Mr. Lafko accepted this stating "this was the intent of the letter." Mr. Clausen mentioned other stipulations, i.e. monuments, and Mr. Lafko said they had been put in. Mr. Quinn then noted there were other phases of this agreement that still were to be fulfilled (the Town submitting equal check for $2,700.00 which will be held in attorneys office.) Mr. Clausen asked that the proposal berestatedfor the record. The proposal regarding the acceptance of the roads in Wildwood Forest Section 1, made at the October 2, 1967 meeting, page 725, was restated and ordered referenced to the following Resolution. RESOLUTION NO. 40, YEAR 1967 ,RESOLUTION, TOWN BOARD, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK ACCEPTING THE PUBLIC STREETS=AND ROADS IN THE WILDWOOD FOREST SUBDIVISION AND EXONERATING THE PRINCIPAL AND THE SURETY ON THE PERFORMANCE - BOND HERETOFORE POSTED -WITH THE TOWN OF WAPPINGER TO INSURE COMPLETION OF IMPROVEMENTS. IN SAID SUBDIVISION. The following resolution was offered by Mr.•Fulton who moved its adoption: WHEREAS, an application has been received by this Board from Skyview Development Corporation, requesting final approval and accept- ance of the improvements to the proposed streets and roads known as Wildwood Drive, Gary Place, Dennis Road, Wendy Road, Russ Place, Brian Place, Dana Place, and Beth Place located in the residential real estate subdivision situate on the easterly side of New Hackensack Road, in the Town of Wappinger, Dutchess-County, New York, known as Wildwood Forest, and WHEREAS, Skyview Development Corporation has made further application to this Board requesting that -said streets be finally accepted as and for public streets and roads in the Town of Wappinger, and WHEREAS, the Town Superintendent of Highways of the Town of Wappinger has reported to this Board that the improvements to the aforementioned streets and roads have been satisfactorily completed inaccordancewith the current minimum standard requirements for establishing roads in the Town, of Wappinger and in accordance with the specifications set forth by the Superintendent of Highways of the Town of Wappinger to a degree and a stage'which the said Superin- tendent of Highways of the Town of Wappinger finds acceptable, and WHEREAS, -it appears that the applicant, Skyview Development Corporation, has complied with and fulfilled all the conditions pertaining to_the construction of said streets and roads as set forth and contained in a resolution duly passed and adopted by this Board with reference thereto on the 5th day ofDecember, 1963, to a degree and a stage which the said Superintendent of Highwaysof the Town of Wappinger finds acceptable, and WHEREAS, it further appears that the said corporate appli- cant and Fred J. Lafko and Dave Alexander, the individual princi- pais associated with said corporate applicant, have taken all steps necessary to comply with the terms of a motion, relating to the acceptance of the aforesaid streets and roads, duly made seconded and carried by the Town Board of the Town of Wappinger at a special meeting held on October 2, 1967. NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town_ of Wappinger as follows: Section 1. That this Board does hereby approve and accept the construction and improvements to the said streets -and roads. Section 2. That the said streets and roads shall hereafter be public streets and roads in the Town of Wappinger, known as Wildwood Drive, Gary Place, Dennis Road, Wendy Road, Russ Place, Brian Place, Dana Place, and Beth Place. Section 3. That Skyview Development Corporation, as principal, and Fidelity and Deposit Corporation of Maryland, as surety, on a certain performance bond heretoforeposted with. the Town of Wappinger on the 5th day of December, 1963, guaranteeing completion of improve- ments to the aforesaid streets and roads, in said subdivision, be and they hereby released from any and all liability on said bond. Section 4.. That this Board does hereby consent that the said performance bond be canceled and exonerated forth with. Seconded by: Mr. Francese Ayes: 5 Nays: 0 Carried: October 5,1967 RESOLUTION NO. 41 - YEAR 1967 BAND. RESOLUTION, TOWN BOARD, TOWN_OF_ WAPPINGER, DUTCHESS COUNTY, NEW YORK, ADOPTED: OCTOBER 5, - 1967, AUTHORIZING THE ISSUANCE AND SALE OF SERIAL BONDS OF SAID TOWN OF WAPPINGER IN THE PRINCIPAL AMOUNT OF $15,000.00 TO FINANCE THE RESURFACING, OF THE PUBLIC STREET AND ROAD KNOWN -AS WILDWOOD DRIVE AT A TOTAL COST NOT TO EXCEED THE SUM OF $15,000.00 The following resolution was offered by Mr. Fulton -who moved its adoption: WHEREAS, the Superintendent of Highways of the Town of Wappinger and the Engineer to the Town of Wappinger have recommended_that the public street and road in the Town of Wappinger known and -designated as Wildwood Drive be resurfaced with a type of flexible pavement known as bituminous concrete, and WHEREAS, the.Superintendent of Highways of the Town of Wappinger and the Eiigineer to the Town of Wappinger have estimated that such resurfacing project may be carried out for the maximum price of $15,000.00 and WHEREAS, the Town Board of the Town of Wappinger now desires to provide for the financing of the aforesaidproject, it is hereby RESOLVED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1.. The resurfacing of the public street and road in the Town of Wappinger known and designated as Wildwood Drive with a type of flexible pavement known as bituminous concrete is hereby authorized. The total estimated cost of such resurfacing project is the sum of $15,000.00 Section 2. The plan for the financing of such resurfacing project consists in the issuance of general obligation serial bonds of said Town in a principal amount not exceeding the sum of $15,000.00, which bonds in such amount are hereby authorized, pursuant to the provisions of the Local Finance Law. Such bonds are to be payable from amounts which shall be levied annually on all of the taxable real property in said town. Such bonds shall be of such terms, form and content as the Supervisor of theTownof Wappinger shall prescribe. Such bonds shall have a maturity date of not more than five (5) years to be measured from the date of issuance_of the bonds or from, the date of_the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. Section 3. It is hereby determinedthat the purpose for which such bonds are to be issued falls within Subparagraph 20 (b) of Subdivision a of Section 11.00 of the Local Finance Law of the State of New York and that the period of probable usefulness of such purpose is ten (10),years. Section 4. The full faith and credit of said town are hereby pledged. to .the payment of the principal of said bonds and the interest thereon when due. Section 5. The Supervisor of the Town of Wappinger is hereby empowered and directed to authorize the issuance of and to issue bond anticipation notes and renewals of anyand all of such notes at such times. and under such circumstances as he deems,,lproper_and advisable, and to prescribe the terms, form and content thereof, and to execute the same in the name of and on behalf_of this Town and to sell the same at public or at private sale and to deliver the same; and the_fuli faith and credit of this Town are hereby pledged to the payment of the principal of and interest on all notes issued pursuant to this resolution by said Supervisor; all in pursuance of and consistent with the provisions of the Local Finance Law of the State of New York. Section 6. _The validity of such bonds hereby authorized may be contested only -if (1) suchobligations are authorized for an object or purpose for which said Town is not authorized to expend money, or. (2) the provisions, of law which .T should be complied with at the date of publication of this resolution are not substantially complied with, and_an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, (3) such obligations are authorized in violation of the provisions of The Constitution. Section 7. This resolution shall be published in full in the W.&S.D. News, a newspaper regularly published in the Town of Wappinger, Dutchess County, New York, together with a notice by the Clerk of this Town in substantially the form required by and provided in Section 81.00 of the Local Finance Law of the State of of New York. a Section 8. This resolution shall take effect immediately. Seconded by: Mr. Francese Ayes: 5 Nays.: 0 Carried: October 5, 1967 The following report was received: September 19, 1967 Town Board Town of Wappinger Wappingers Falls, New York Re: Ardmore Hills Storm Drain : Pro.. i ect Gentlemen: On September 14, 1967, between the hours of 10 and 11 AM, a meeting was held on Eck Road forthepurpose of obtaining an ease- ment for the discharge of water across properties of Mr. Louis Eck into an existing pond and water course. Representing the property owner was Mr. Louis Eck and representing the Town of Wappinger were Mr. Knud Clausen, Supt. of Highways, and Mr. Rudy Lapar, Engineer to the Town. Mr. Eck proposed that he is willing to deed an easement to the Town for $1.00 statutory cost if, in return, the Town would pipe the entire easement to his pond or water course, as the case may be. Three (3) paths of discharge across Mr. Eck's land were proposed. They are as follows: 1. Marlyn Drive to Eck's pond - including piping between Michael Drive & Marlyn Drive Approx. 1,000 ft @ $12/ft. = $12,000 2. Michael Drive to Eck's pond - including piping between Michael Drive & Marlyn Drive Approx. 1,400 ft @ $12/ft. = 16,800 3. Southern end of Eck Road to water course -.including piping between Michael Drive & Eck Road Approx. 1,400 ft @ $12/ft = 16,800 Only one of the above paths would be required. The above cost estimates are in addition to the storm drainage costs estimated for the Ardmore dills development. Very truly yours, s/ Rudolph E. Lapar Engineer to the Town of Wappinger Discussion followed on other alternates, costs, and water discharge. Rules were suspended to permit discussion with Mr. Eck.on the drain- age ;problem of Ardmore Hiles. Rules resumed. Mr. K. Clausenpointed out the possibility of anotherproblem if the water were pipedto the pond - that the ponce couta overflow flooding the Highway.' Mr. Clausen referred back to thereportof Mr. L'Archevesque, asking him to clarify his report. :Mr. L'Archevesque-reiterated his points, and said he had recommended to Mr. Calhoun to meet with the Planning Board and placing before that Board, s ites for the head -end. Mr. Diehl asked Mr. Calhoun that if -he were allowed to: come into the Town of Wappinger would he operate on the same street as the CATV. now operating.. Mr. Calhoun said that, at the present time, he would not have that intention. What 5 years from now would bring, he couldn't say, but had not made the application with that intent. Discussion centered around the advisability of a second CATV Corp. servicing the Town and the head -end -being located outside the. Town. Mr. Francese thought that the Board would be doing something wrong in granting a:permit.on that basis, and the fact that of the 5 original applicants, 3 were eliminated. He felt that the Board would have a moral obligation to allow each of those companies to enter into the Town of Wappinger under those conditions ( Mr. L'Archevesque's) too. He also felt that this problem ( head -end site location). might be alleviated by Mr. Calhoun if he wanted to put in a head -end, subject to the Planning Boards' approval of a site.. He suggested that a permit be granted.to Mr. Calhoun, subject to the terms similar to the terms that the Highway Displays has with this Town, and subject to Planning .Board approval of the head -end site and according to their.recommendations. Mr. Fulton commented that he didn't see the advantage of having more than one CATV servicing the.Town. Mr._Bulger condensed the discussion by boiling down to two basic problems - First, concerned with providing the public with the opportunity to subscribe to a service a certain quality and get - value for their money. Secondly, is the regulation of the purveyor of that service so that in so providing that service does not inter- fere with the private rights of the people who do:not wish.to sub- scribe.. The more he thought about it.the:more-convinced he was that it is a public utility. When 2. -Surveyors of this service are brought -in the problems are multiplied._ It seems -that, although he is in favor of competition, in this case it would appear that dealing with one individual gives thelTown a great asset. Mr. Fulton proposed to defer this whole situation until the proposed CATV Committee was formed and refer it to them, asking them how they felt - the needs would be for the allowance of more than one CATV. Mr. Francese pointed out_that a committee was being considered and why wait for 10 days - set thenight for appointment as October 9, to. expediate. - Mr. Fulton moved to rescind the previous motion made tonight, speci- fying the naming of members to the CATV Committee within a 10 day period, seconded by Mr. Francese. Roll Call Vote: 4 Ayes Mr. Bulger - Nay. Motion Carried. Mr. Fulton moved that: each Board member submit a name for the CATV Committee atthe next meeting_to be held October.9, 1967 at 7.P.M. and also in addition that the question of a second CATV company to operate.in the Town be referred to that committee for recommendation as to the question of permitting more than one CATV operation to operate within the Town. Seconded by Mr. Francese. Motion Unani- mously Carried. nani-mously_Carried. Mr. Diehl asked that Mr. L'Archevesque notify the other companies who were interested in coming in, that the Board is now going into the possibility of a second TV company coming into the Town, and if they are interested to notify him of the fact. Mr. Fulton asked who :would _have the responsibility of taking care.of the back of the Town Hal) He asked Mr. K. Clausen if the Highway crew could clean up. Mr. Francese said he would let the Highway Supt. -know, within -a few days, whether or not he needed the services of the Highway Dept. Referred to Mr. Francese. Mr. Fulton stated that there was a motion he would like to put.on the floor, having to do with the agreement between the Town and L & A Filtration Corp. more particularly Section 11.00 of it.. Mr. Quinn gave a quick explanation saying that some months ago the Town entered into an agreement to purchase the L & A Filtration Corp. and there had been a.general closing date of,September 30, 1967 with provisions for extensions; with: provisionsfor option on the part of the Town to elect to discontinue_the.agreement and be freedof liabil- ity. Difficulties were encountered inimplementing the terms of the contract. _Frequent contact with counsel for L.&,A shows rapid progress, it's just.. that . the Town: needs:: more time . to. perform and L & A is willing to allow for this time, they just want the formality. The Town has no, intention (and has not had) to exercise the'option to back out of this contract. L & A, and its principals, want assurance in the form of a simple motion, adopted by this Board, that the Town is going. ahead, and are performing. Mr. Fulton asked Mr. Quinn if be had..any_objection to stating a 30 day extension. Mr. Quinn did_object,;on,the basis that he didn't.. want to see the Town.limited by a 30 day extension. There were certain engineering problems that they were working with the Bondingcounsel, and a Bond- ing Resolution, which is one of the first steps, for the acquisition of Oakwood Water & Sewer. He felt the motion should simply state that counsel and engineers be given additional tmme toconclude work prep- aratory to closing the contract with L & A and acquisition of the facilities._ Mr. Fulton asked Mr. Lafko if he felt that was satisfactory. Mr. Lafko said he didn't want to be arbitrary but he did want to get something definite. Mr. Quinn pointed_ out that, . as a matter of fact, the Town had waived its .rights _by failing. to ::exercise to terminate the contract. Mr. Lafko felt there was now no contract, as the option date of September 30th had passed.. Mr. Quinn tried to explain.that this provision in the,agreement meant that the Town.had to September 30th toexercise its option to cancel, and it did not -do so. Mr. Fuiton_asked the.record_to show that the Town was still pursuing diligently to: close-_ title. Mr. Lafkorwas_still not convinced_he_had a contract and Mr. Quinn said•the.Town:had. a contract,.which is.enforcable - it.is.very evi- dent that the Town is.not cannot, has no wayof cancelling its liability under_this contractr_at this time: Mr. Bulger_asked Mr. Lafko if it would make him happy if this Town Board:adopted.a resolution indicating that it has not exercised an option to withdraw from the contract, that it is in the_process_of living up to the contract. And, that it will do so as soon as,possi- ble. Mr. Lafko replied "all except the last sentence, Bill, you've just asked for Eutopia." Mr. Lafko was still not convinced and questioned what the purpose of the September 30th date was. Mr. Quinn said it was merely to give an indication of a date when the Town, if it wished to, could relieve itself of responsibility. Had the Board exercised its option it would have-had.to take an affirmative action and notified Mr. Lafko. Mr.:Lafko still wanted confirmation that, since the September 30th deadline was passed, the:Town either picked up:the option of refusal or acceptance firm.within the.next 30.or.45 days as he.was:quick to point out: he had obligations for. expansion of the Plant, and. he had to be free:to move, as_there.was a:scheduled time period for it to_ expand.:JBe_said;he'd lifted: all the litigation on Oakwood: Knolls, part of his -franchise area gone, and he'll still be waiting. Mr. Fulton reminded him that the Town still had to move within a legal structure. Mr. Lafko then agreed that Mr. Quinn give him -a letter to theieffect of what had just_beenTsaid, that the Town has relinquished its right of the option of refusal. Mr. Quinn.agreed_he would. Then Mr. Lafko asked what was left, rela- tive to completing the agreement. Mr.-Quinnsaid that the engineer- ing was not completed, that hearings had to be held,iand-Bonding Resolutions were needed. Mr. Francese moved that the attorney to the Town be authorized to - write a letter to the Representatives of L, & A Filtration Corp. to indicate that the Town of Wappinger has waived its option to terminate the purchase contract. Seconded by Mr. Bulger. Motion Unanimously Carried. Mr. Fulton proposed a clean-up day, and said he would need the assistance of the Highway crew. He would make arrangements for a place to dump, if he could count on the Highway Dept. to cooperate. The Highway Superintendent rejected the Supervisors' proposal. The preliminary estimates for the Preliminary Budget were submitted to the Board. October 6, 1967 at 3 P.M. was the time set for the first work meeting, 6 P.M. Sunday was also set for a work period on the Preliminary Budget. Mr, Fulton brought up that at present the Town has available to them a sewer plant operator and 2 water plant operators. He asked Mr. Lapar if the Board could properly act to terminate their contract with E.C.C. Mr. Lapar said it would depend on how the contract was drawn. Mr. Lapar was asked to bring in recommendations, for the possibilities of terminating this contract, by October 9th meeting. Motion was made by Mr. Clausen, seconded by Mr. Bulger and unani- mously carried to adjourn the meeting. Meeting adjourned at 11:56 P.M. Elaine H. Snowden Town Clerk To WARRANT Joseph H. Fulton Town of Wepp Inger Wappinger , Supervisor , County of Du tchess , 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 5th 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. ✓650 651 /652 NAME OF CLAIMANT AMOUNT FUND OR ALLOWED ACCOUNT OTHER INFORMATION Rudoph E. Loper 750.00 Serv. of Eng. T.B. Marine Midld Bank 150.00 T.B., T.H. Office Rental Xerox Corp. Rochester, N.Y. 1653 Knud Clausen /654 I Sloper Willen X655 I Assoc. Hosp. Service ,j6560 l Joseph E. Ludewig x657 N kawyer! erCo, .. pY. Publish.Col chhees 4656 Verner Christensen /659 I Custom Cleaning Contract' Quinn ;6 Reilly Quinn d Reilly Joseph Gutmann dwerd t hompson Co. 99 Gold St., Brooklyn J 661 664 665 v666 v667 4668 669 '670 ._671 /672 & S.D. News '1[ney—uowea, Inc. Walnut St.,�ford, The Beasley Agency, Inc. Rosemary Flower Shop Central Hudson G.&E. McCombs Stationary, 1breat beer 5 ring (:o. P.0. Box 4111, Albany 1 Vince's Oil Service E I e i ne H. Snowden 58.00 130.84 I,125.0( Misc.— And dance 131. T.B. — P.T. 10.30 Zoning— T.B., T.H. offices "E" Misc., Esp. Assoc. of Towns 28.50 6.00 H5. 700. 500. 32. — Inc. "0" J.P. — "C" Assessors 1 "C" T.B. T.H. Off. — "E" T.B.— Serv.l of Att., Exp. of Lit. P.T. Costs "C" 37.50 T. B. — J. . — "C" 4.94 T.B. Printiing d Advtsg. All Depts. 24.00 T.V. T.° C.— 1" 582.00 7.31 2.25 5.00 91.95 1.47 P.T. e/L, Rec. — Pkg.' 1 Pleygrds. "0" Rec. — "B" 2.86 Sup. l—wFey—C't — 4.45 T.B.— J.P. — "C" T.B. 1411 T.C. Olf. 7E-7H'D' —T13 = T A 9 T8 -TM D In Witness Whereof, I have hereunto set my hand and the Seal of the Town of this_ day of C) 19 4e7 Town Clerk [SEAL] To ph H. Fulton Town of Wapp i nge r WARRANT , Supervisor , County of Dutchess , New York. The following claims, having been presented to the Town Board of the Town of Wapp i nger , and duly audited and allowed at a meeting thereof held on the 5th day of October , 1947___, 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 AMOUNT FUND OR ALLOWED ACCOUNT OTHER INFORMATION '673 E.C.C. Inc. 494.00 Rockingham Swr. Dist. 1674 Central Hudson G.B.E. 121.44 « « « 4 675 Central Hudson G.B. E. 150.53 Oakwood Wat4r end Sewer .676 E. C. C., Inc. Axton—Cross Co. gena. ,J677 Shelton, Conn. /678 /679 /680 1681 ettil2 v483 1 684 J685 /686 /687 /688 ✓ 689 « « « Flygt Corp. Amelia P1., Stamford, 600.00 22.50 22.50 22.50 10.75 30.0 18.25 15.001 « 15.04 « 195.001 22.50 225.00 « 225.00 « 225,.001 « N « w Tn Witness Whereof, I have hereunto set my hand and the Seal of the Town of this day of , 19 [SEAL] W-44X1.ss�r-&s..R.... wn Clerk