1967-09-07 RGMAGENDA - TOWN BOARD, TOWN OF WAPPINGER
SEPTEMBER 7, 1967
1. Supervisor call meeting to order
2. Roll Call �y.._
3. Accepting Minutes Se. Ju "8 ' Q.'' g _ 1/11'9as
•
4. Reports of Officers
/Justices Supervisor Building Inspector 21 --
.Bills : General Fund y*-ri z Sci ba Highway 3(,,I-101
/7
5. Petitions and Communications
a. Arthur Bisom
jb. K. Clausen requests permission to attend N.Y. State
conference,. Sept. 20-22, Niagara Falls
c. Letter from State Traffic Comm. re: New Hamburg,
Rt. 9D & Chelsea, Rt. 9D
/d. Planning Board re: underground lighting
le. Planning Board re: Liebowitz Lake
if. Tall Trees residents re: request for street lighting
�g..-._Ernest Paskey re: request for street lighting
4h. Mr. Kampa re: drain pipe-Kretch Circle
Ji. John Wolf (Mylod & Wolf) re: Spook Hollow Subdivision
Jj. Vincent Kelley re: Rockingham Sewer District
Infiltration Tests
.1k. Public Service Commission re: Decision on Oakwood
/1. Quinn & Reilly re: Decision on Wappinger Apts. II
Corp. v. Town of Wappinger
•,gym. Quinn & Reilly re: Stein v. Christensen & Metzger v.
Christensen-discontinuence of proceedings by Petitioners
Jr'. Quinn & Reilly re: Permit granted to Highway Displays
io. Correspondence from Quinn & Reilly re: TaZIaTteesimpaI
and, Brook Hollow Estates Bonds
Harry Raker to_K.Clausen re: Tall Trees Subdivision II
-`tab\3,q. Accept reduced,bond-Angelo Williams Tall Trees Sect. I
✓r. Addition to Custom Cleaning Contractors contract
Ws. Todd Brinkerhoff re: Pop Warner
/t. Wappinger Civic Association re: Wildwood
,u. Report from Dutchess,Heights Inc. re: sewage system
6. Reports of Committees
17. Resolutions
Authorizing engagement of services of Marine Midland
Trust Co. for consulting service on Oakwood Sewer &
Water Systems and L.&A. Sewer System
8. Unfinished Business
,, Beacon Cable Corp. decision on agreement
9. New Busines's
Appoint Dog Enumerator
Bids - Ardmore Storm Sewer
10. Miscellaneous Business
Mr. Fulton: 1. Oakwood Sewer 2. Status of Gen. litigation
11. Adjournment
Co -6 -- `(N , C\a;v r 9
P
_Crar\Ce se.1
W\ r.ju lcet- 74
A Regular Meeting of the Town Board of the Town of Wappinger was held on September
7, 1967 at the Town Hall, Mill Street, Wappingers Falls, N.Y.
Mr. Fulton called the meeting to order at 7:15 P.M..
Present:
Joseph H. Fulton, Supervisor
Vincent Francese, Justice of the Peace
William Bulger, Justice of the Peace
(late for roll call, 7:40 P.M.)
Others Present:
Louis Diehl, Councilman
Elaine H. Snowden, Town Clerk
Rudolph Lapar, Engineer to the Town Knud Clausen, Superintendent of
Joseph Quinn, Jr., Attorney to the Town
Highways
Motion was made by Mr. Francese, seconded by Mr. Diehl to accept the minutes of
the meetings of this Board held on July 18, 1967 (Special); August 3, 1967 (Regular);
August 8, 1967 (Special); August 22, 1967 (Public Hearing), as submitted by the
Town Clerk be and they are hereby approved. Motion unanimously carried.
The monthly reports from the Supervisor, Justices of the Peace, Building Inspector
were received and ordered placed on file.
Bills were presented in the amounts. of:
General Fund
Highway
17,814.62
36,701.77
Mr. Clausen moved the bills be paid, subject to audit, seconded by Mr. Diehl.
Motion unanimously carried.
Mr. Bisom, who had requested to speak to the Board was not present at this time
Tabled temporarily -
Mr. Knud Clausen, Superintendent of Highways, requested permission to attend a
N.Y. State Conference for Highway Superintendents - September 20 to 22 in Niagara
Falls, N.Y..
Mr. Diehl moved that permission be granted Mr. Knud Clausen to attend conference
in Niagara Falls and his expenses incurred be imbursable by the Town.
Seconded by Mr. Francese. Motion unanimously carried.
A report was received from the N.Y. State Traffic Commission informing the Board
that, after investigation had been conducted (at the Boards' request), a traffic
control device would be installed at the intersection of Route 9D and County Road
#28 (New Hamburg - Hopewell Road). This will be a flashing signal only. Invest-
igation of the intersection of Route 9D at Chelsea Road indicated no action necessary.
Mr. Diehl moved. that the Town Clerk address another letter to the N.Y. State Traffic
Commission stating that the Board in receipt of the information regarding action
on Route 9D intersections, but have not received any information in regards to the
New Hackensack - Route 376 - All Angels Road intersection, and request further
information on their investigation. .Seconded by
carried.
Mr. Francese. Motion unanimously
.!4
The following letter was received from the Planning Board:
August 9, 1967
Town Board
Town of Wappinger
Town Hall — Mill Street
Wappingers Falls, New fork
Re: Underground Electric Service and
Street Liahtina
Gentlemen:
In reply to the Town Clerk's letter of July 7, 1967, requesting our
opinion on the matter of underground electric service and street lighting
in future developments, we offer the following comments:
1) From a planning standpoint, the Planning Boardfeels that
undergrdrund electric service is a highly desirable feature
developments in the Town.
2) There maybe areas in which developments are planned which
may not lend themselves to installation of underground
electric service at a reasonable cost because of sub—surface
features.
3) We believe the added cost of underground electric service
should be borne jointly by Central Hudson and the developer
with the distribution of costs such that orderly development
of the Town would not be adversely effected by that portion
of these costs borne by the developer.
4) The Public Service Commission has within its poser the
ability to allow rate increases for additional services
based on a fair return to the investor and thus are in
the best position to adjust rates in accordance with
investment costs to allow Central Hudson .to bear such
portion of the installation costs as will not interfere
with orderly growth of the Town.
5) Adoption of a mandatory underground electric service
requirement until such time as equitable distribution of
costs for this installation is established is not in the
best interests of the Town.
Very truly yours,
s/ A.W. Vandewinckel, Chairman
Town of Wappinger Planning Board.
No comment from Board. No action taken.
The Clerk read the following report and recommendation from the Planning Board:
September 5, 1967
Town Board
Town of Wappinger
Wappingers Falls, N.Y.
Re: Application of Kenneth Bray and Jack Leibowitz
for Special Permit for the excavation of a
portion of the former Parkhurst Farm, located
on Robinson Lane, preparatory to the
establishment of a lake and a development
site
Gentlemen:
The Planning Board has reviewed the above—captioned application
which you referred to them, Mr. John Gartland, Attorney for the applic—
ants, attended the meetings at which this matter was discussed and has
provided the Board with the following information:
1. Size in acreage of proposed lake; 10 Acres
2. Amount of topsoil to be removed; 15,000 Cubic Yards
3. Amount of gravel to be removed; 130,000 Cubic Yards
4. Amount of gravel to be used in grading lot area and proposed
lots on property owned by applicants; 45,000 Cubic Yards
5. Amount of topsoil to be used on lands of applicants; 7,500
Cubic Yards
6. Amount of overage in both topsoil and gravel in cubic yards;
92,500 Cubic Yards
7. Statement by owners as disposition of overage; Quantities
are net amount. No bulking factor used.
The Board reviewed end discussed the ,application with Mr.. Lapar,
engineer to the Town, and Mr. Ludewig, Zoning Administrator, and found no
objection to the proposed finished grade, as indicated on the site plan.
Since it appears that the plan is to mine below the grade of the
Town Line in Sprout Creek, the Board recommends that it be determined whether
or not the 200 ft. and the 500 ft. referred to in Section 439.013 of the
Zoning Ordinance apply in this case.
The Planning Board would also encourage that recommendations be
obtained from the State Conservation Department and the Dutchess County
Planning Board.
Mr. Ludewig suggests that if a permit is issued, provision
should be included for the revocation of same if an occasion should
warrant.
Respectfully yours,
s/ Susan J. Pike
Secretary to the Town of Wappinger
Planning Board
obtain
Mr. Francese asked if it would be the Town Boards' function to/additional in-
formation from the Conservation Department and the County Planning Board. Mr.
Fulton felt it was a requirement now to refer it to the County Planning Board
and it wouldn't hurt to refer it to the Conservation Department. He further
stated it might even be referred to the Town Zoning Board of Appeals for an
interpretation. He specifically felt that Section 439.013 of the Zoning Ord-
inance was the point in question for interpretation.
Mr. Clausen agreed on this.
Mr. Fulton moved that Kenneth Bray and Jock Liebowitz's petition be referred to
the Conservation Department, Dutchess County Planning Board, Zoning Board of
Appeals, and Dutchess County Board of Health (Health Dept. only as a matter
of reference).
Seconded by Mr. Clausen. Motion unanimously carried.
Mr. Diehl asked whether the Lake would be strictly for the Development, or
could it be possible it could adjoin recreational facilities that might
be used for the whole Town.
Mr. Leper commented that it was his understanding that it would be similar to
Lake Oniad (e.i. - private lake for property owners use only).
41
Letter from Residents of Amherst Lane,Tall Trees, Section II, requesting
street lighting:
23 August, 1967
Town Clerk's Office
Town of Wappinger
Wappingers Falls, New York 12590
ATTN: Lighting Committee
Gentlemen:
We, the undersigned taxpayers, respectfully request that street lights
be installed at the following locations in Section II, Tall Trees Develop--
ment at the earliest possible time:
1._ On Amherst Lane at the corner of lot 59 (a
rather sharp bend exists in the road at this
point)..
2. On the circle at the end of Amherst Lane,
between lots 62 and 63., (This circle should. be
1ighAied to facilitate turning around for people
who are unfamiliar with the area-).
s/ John. H. Salamy
63 Amherst Lane
George Lane
62 Amherst Lane
Paul Hill, Jr.
60 Amherst Lane
Mrs. Hollis Hutchinson, Jr.
58 Amherst Lane
Carol James
59 Amherst Lane
cc to: Mr. Louis Diehl, 95 South Ave., Wappingers Falls, N.Y.
Mr. William Bulger, 45 DeGarmo Hill Road, Wappingers Falls, N.Y.
A letter was received from Ernest Paskey requesting a street light at the
intersection of St. Nicholas and Widmer Roads.
Discussion followed on the laws regarding the placement of street lighting —
poles installed on privately owned or public property. Mr. Paskey's letter
was ultimately referred to the lighting committee.
A letter was received from Mr. Robert J. Kampa, Kretch Circle, drawing the
Board's attention to an incompleted drain pipe which he deems a potential
health hazard. A letter from Mr. Lapar to Mr. Tony Gallo, regarding this
situation, was presented to the Board. Mr. Lapar's letter advised Mr. Gallo
that if this condition was not cleared up by 9/7/67 he would recommend to the
Town Board they take whatever course of action necessary to remedy it. Mr.
Knud Clausen was asked if he had a recommendation regarding this drainage
problem. Mr. Knud Clausen commented that a yearx ago he had a discussion
with Mr. Gallo and pointed out that he had written him recently about the
pipe, but received no response. It was his recommendation that he, and
Mr. Lapar, send a registered letter to Mr. Gallo so they will be sure that
they have the right address and can make arrangements to meet for discussion.
Rules were suspended to permit Mr. J. Incoronmto, 14 Ronsue Drive, Fleetwood,
to comment" He has the some problem with Gallo - where the drainage pipe was
discontinued 14 feet from the road - between his and his neighbor's lot. He
asked the Board for some sort of on informal commitment to.ot least have the
/
Highway Superintendent surve
the situation, and, asked if there could be a report
about his p--L|em at the next Board meeting.
Rules resumed.
The following letter was read:
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
August 25, 1967
Re: Spook Hollow Subdivision,
.' Bell -Air Construction Company,
.. Owner
This office represents Bell -Air Construction Company, Inc., the developer
of the Spook Hollow Subdivision and of which Mr. Vincent D'Ambrosio is the pres-
ident. uring the month of July of this year at a meeting held between Mr.
D'Ambrosio and the Messrs. Clausen and Lapar of your Townohip^ it was determined
that some adjustment would be required in respect to the surface drainage system
in the said development. The outcome of that meeting and the findingshrrived
at by Mr. Clausen and Mr. Lapar were set forth in a letter of Mr. Clausen's
office,addressed to Mr. D'Ambrosio, dated August 10, 1967.
The system as approved by the Planning Board of your Township and also by
your Town Engineer during the year 1965, was not followed due to a recommended
change by the incumbent Town Engineer, Mr. Vincent Kelley, during the year 1960.
Pursuant to said recommendation the owner constructed a drainage system consist-
ing of conduits and open ditches in that manner. The owner is now informed that
this procedure was improper and that the system must be installed in yet another
manner, the latter of which agrees with neither of the former. The result to the
developer of course is not only a great deal of financial loss but also a substant-
ial loss of time.
In order that there be no further question as to the correctness of any
method^ Bell -Air Construction Compony^ Inc. will install the system as is shown
on the filed map and as was approved by the Planning Board of. the Town of Wappinger,
and which approval was sanctioned by the Town Board in the acceptance of the dev-
eloper's bond during the month of July, 1905.
Very truly yours,
s/ John A.'Wo|f
CC: Knud Clausen, Supt. of Highways
Mr. Francese recommended that this problem be turned over to the Highway Super-
intendent and Engineer to the Town to make a further report and recommendation at
the next meeting.
Mr. Knud Clausen reported that he had been in contact with Mr. D'Ambrosio today
and dothe drainage and
and he had agreed to do as he had promised - going ahead r� nogo
road - Whenosked by Mr. Fu|ton-how,sopn it would b*.mmmp{eted, Mr. Knud Clausen
commented that probably by next meeting it would come before the Town Board.
The Following letter was received:
Au8ust'30, 1967
Town of Wappingers
Town Board
Town Hall .
Mill St., Wappingers Fd|s' N.Y.
-Re: Rockingham Sewer District
Infiltration Tests
Gentlemen:
On June 23, 1967, infiltration tests were conducted by the "Ye Old Apple
Orchard" developer. These tests were observed by a representative of our
office and the Dutchess County Health Department.
The results were negative. Referring to the Sewer Plan for this development,
manholes #I, 2, 8, 9 and 10 were too full of dirt and sewage to perform tests
and #8 was solidly plugged.
The developer was asked to clean the system and notify us when tests were
scheduled again. To date we have heard nothing. In order for us to examine
this system the work listed below must be done.
1. Clean all manholes.
2. Uncover all buried manholes, inspect and clean.
3. Flush or otherwise clean all lines, removing the debris
from the system
4. Set up and schedule for infiltration and exfiltration
testing.
On the same day tests were made on the system in the Edgehill III development.
Referring to the sewer system map for this development, weir tests taken at
manholes # 8, 10, 11, 12, 13, 14, 23, 25 and 36 indicated excessive infiltration
into the system from pipe and manholes tributary to those tested.
Inspection of manholes indicate manhole leaks in #8, 12, 13, 23 and 29.
On June 24, 1967, spot checks of the Rockingham subdivision manholes were made.
Observation of water flow in the system indicated no unusual inffltration,
however, to date this system has not been tested.
From the tests made to date, observed by us in the'company of a representative
of the Health Department, we concluded that the district sewer system does not
conform to the minimum infiltrartion allowances either in total or in several
parts and that steps should be taken to remedy the defects.
It is our understanding that the individual developers were, through their
engineers, to arrange for testing and repairs as necessary with the work to
be supervised by the developers' engineers with our firm observing on behalf
of the District.
We recommend, therefore, that the participating developers be notified that
infiltration testing, inspection and repair be resumed and continued vigor-
ously until the system meets the min=imum standards as required by the cond-
itions of the permits.
Very truly yours,
s/ Vincent C. Kelley, P.E.
CC: Mr. Joseph Quinn
Dutchess County Health Dept.
Mr. Fulton recommended that this letter be referred to counsel.
Mr. Quinn suggested, to expedite this matter, that the Building Inspector
be directed and Highway Superintendent be requested to go along in the same
direction; that no Building Permits or C.0.'•s be issued further until these
conditions are cleaned up. (Ye Olde Apple Orchard & Edgehill Manor, Sect.#3)
Mr. Clausen moved that the Building Inspector, Engineer, Highway Superintendent
and Attorney be directed to pull all Building Permits and C.O.'s until the
minimum standards in these developments are met.
Seconded by Mr. Bulger. Motion unanimously carried.
610
Mr. Bulger, due to illness, asked to be excused, but asked to bring up one thing
before departing. This was in connection with the intersection of Myers Corners
Road and the old Route 9 - which still bears a traffic light. He suggested that,
as traffic at this point doesn't warrant a light, the N.Y. State Dept. of Trans-
portation be contacted.
Mr. Fulton said that since school had Just started,_ the light was being left in
operation to see if they served any purpose as to the school bus traffic.
The following Order of the N.Y. State Public Service Commission was received by
the Board:
STATE OF NEW YORK
PUBLIC SERVICE COMMISSION
At a session of the Public Service
Commission held in the City of
Albany on August 23, 1967
COMMISSIONERS PRESENT:
James A. Lundy, Chairman
Ralph A. Lehr
Frank J. McMullen
Edward P. Larkin
John T. Ryan
CASE 24386 - Joint petition of Oakwood Water -Works Corporation and the Town of
Wappinger for approval of the transfer of the franchise, works and system of
Oakwood Water -Works Corporation to the Town of Wappinger.
A petition verified April 18, 1967, having been filed with this Commission
by Oakwood Water -Works Corporation for consent to transfer its franchise, waterworks
and system to the Town of Wappinger, Dutchess County, which town Joins_ in the pet-
ition, and the Commission having determined that subject to the conditions herein-
after set forth and not otherwise, that said transfer is in the public interest, it is:
ORDERED:
1. That the consent of this Commission be and it hereby is granted, subject
to the conditions hereinafter set forth and not otherwise, to Oakwood Water -Works
Corporation to transfer to the Town of Wappinger, Dutchess County, the franchise,
works and system of said company, more particularly described in an agreement exec-
utedby the said parties on October 13, 1966, a copy of said agreement being attached
to the petition herein, for a consideration of not to exceed $30,000, the said
consideration to include all costs and expenses incidental to the transfer of the
property herein authorized which have been paid or are to be paid by said transfer-
ee to said transferor or on its behalf.
2. That the said property when transferred shall be free and clear of all
Liens and encumbrances.
3. That if the transfer herein authorized is not carried out on or before
October 31, 1967, this order shall be null and void.
4. That Oakwood Water -Works Corporation shall within thirty days from the
date ofservice of a. copyof this order,.notify this Commission in writing whether
this order and all of its terms and, requirements are accepted and will be obeyed.
By the Commission,
s/ Samuel R. Madison, Secretary
STATE OF NEW YORK
PUBLIC SERVICE COMMISSION
APPROVED BY THE COMMISSION. AUG 23, 1967
CASE 24386 - Joint petition of Oakwood Water -Works Corporation and the Town of
Wappinger for approval of the transfer of the franchise, worksand system of
Oakwood Water-Works Corporation to the Town of Wappinger.
APPEARANCES:
Weiner and Loeb, 178 Grand Street, Newburgh,
New York, 12550, attorneys for Oakwood Water -
Works Corporation.
Quinn & Reilly, 44 Cannon Street, Poughkeepsie,
New York, attorneys for the Town of Wappinger,
Dutchess County, New York.
Joseph H. Fulton, Supervisor of the Town of
Wappinger, Mill Street, Village of Wappingers
Falls, Dutchess County, New York.
JOHN L. KEEGAN, Examiner:
By petition filed April 18, 1967, Oakwood Water -Works Corporation
(Oakwood) requests authority, pursuant to Section 89-h of the Public Service
Law, to transfer its franchise, waterworks and system to the Town of Wappinger,
which Joins in the petition.
A hearing is not mandated by statute and none was held. This report
is based upon data submitted by petitioners as well as data obtained by the
Commission staff.
Oakwood is a domestic corporation organized on or about October 4, 1962
pursuant to the Transportation Corporations Law. It operates a water supply sy-
stem and a sewage treatment and disposal plant in portions of the Town of Wapp*
inger(Dutchess County). It came under the Jurisdiction of the Commission in
September 1966. As of June 1967, its waterworks served approximately eighty
dustomers.
The inventory of the waterworks property proposed to be transferred
together with the original cost of such property is alleged in the petition
as follows:
Land $4,500
Structures 7,500
Power and pumping equipment 15,000
Mains (5500 feet) 40,000
Meters 2,500
Meter installations 1.500
_171.000
The company has accrued no depreciation of its plant on its books
and alleges that there are no contributions in'aid of construction. Oakwood
also reported' no revenues, presumably because no collections had been receiv-
ed although its customers have been billed'. Moreover, the Towne has taken over
the operation of the waterworks since November 1, 1966.
A construction cost study of the plant made by our staff, prior to
taking Jurisdiction over the company, indicated as of June 1966 an original
cost of approximately $42,000. An inspection of the visible plant made by
the staff in connection with the instant proceeding found it as described in
its original construction cost study. The decision of the Water Resources
Commission approving the plans of Oakwood's water system is dated May 2, 1963.
On the assumption that the bulk of the plant was constructed in that year, and
applying an over-all annual depreciation rate of 2% on the $40,000 depreciable
plant from July 1, 1963 to June 30, 1967, the depreciated construction cost
thereof is estimated at approximately $38,800.
The poichase agreement between Oakwood and the Town is dated October
13, 1966, and provides for the sale of the water supply and distribution system
for $30,000 and the sewage treatment and disposal plant for $45,000, or a com-
bined total purchase price of $75,000. This allocation of purchase price is
tentative, the Town retaining an option to reallocate and reapportion the price
on any basis that it may elect at any time prior to closing of title, without
increasing or diminishing the combined total purchase price fixed in the agree-
ment. In this transaction, the Town is evidently acting on behalf of the Oak-
wood Knolls Water District which was recently formed by it to operate the
waterworks systerp.
The Town proposes initially to bill customers for water service at a
flat rate of 3.50 per month payable quarterly. The Oakwood's filed tariff for
domestic service on a quarterly basis is:
$1.25 per 1,000 for the first 9,000 gallons
$1.00 per 1,000 for the next 21,000 gallons
$ .75 per 1,000 for all in excess of 30,000 gallons
with a minimum charge of $11.25 per quarter.
Included in the petition are:
(1) A letter directed by the Department of Audit and Control to the
Town Clerk, of the Town of Wappinger, dated January 4, 1967, granting permission
to establish Oakwood Knolls Water District.
(2) A resolution by the Town Board of Wappinger, adopted October 20,
1966, authorizing the Supervisor of the Town to enter into a contract for the
purchase of the waterworks system as well as the sewage disposal system.
(3) A certified copy of the decision of the Water Resources Commission,
made on July 20, 1967, approving the acquisition of the Oakwood waterworks system
by the Oakwood Knolls Water District.
Conclusion and Recommendation
On the record, the acquisition of the subject waterworks by the Town
would appear to be desirable and in the public interest.
Accordingly, it is recommended that the petition herein be granted and
that Oakwood be authorized to transfer, its. franchises, works and system to the
Town in consideration of the sum,zf $30.,000,. substantially- in accordance with the
terms -of the. agreement,. dated October 13, 1966, submitted herein.
JLK:VJD
August 15, 1967
Mr. Fulton noted that as it,_appears presently the 1st of October should see the
final acquisition of this plant.
Mr. Clausen commented that, as there is a problem of a right of way into the
plant at present, this problem should be worked out. before. the Board is asked
to vote on the purchase. A short discussion followed on accessibility to the
Plant , the problem of cleaning the tanks and financial status.
Mr. Diehl asked, if- there were any question of a health hazard (pollution of the
stream) was there any type of state aid that could be obtained on a Town basis
to cover this. (So as not to overburden the District).
Mr. Lapar did not think so - as (east not for the explicit reason Mr. Diehl was
concerned with.
The following letter was received:
August 14, -1967°
Town Board
Town of Wappinger
Town Hall
Mill St.
Wappingers Falls, N.Y.
Re: Wappinger Apartments
Second Corp. v. Town of
Wappinger
Gentlemen:
We are pleased to advise you that recently Mr. Justice Hoyt handed
down a favorable decision in the above captioned proceeding which was argued
before him on June 5, 1967 in New York Supreme Court at New City, Rockland Country.
A copy of Mr. Justice Hoyt's decision is enclosed herewith. This
holding has the effect of permitting the Town of Wappinger to continue to main-
tain Dorothy Heights Road as a dead-end street which has its southerly terminus
at a point which is coincidentally the northerly line of the Imperial Towers
properties and the boundary between the Town of Wappinger and the Village of
Wappingers Falls.
Very truly yours,
s/ Joseph D. Quinn, Jr.
Mr. Francese commented that he felt the Attorney to the Town did an except-
ionally good Job in defending the Town in this action, and publicly thanked
Mr. Quinn for receiving Such 'favorable decision in the Courts.
The following letters were received by the Board:
Town Board
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
August 24, 1967
Re: Stein, et-ai v. Christensen
Metzger. et al v. Christensen
In September of 1966 each of the above captioned proceedings were
instituted against the assessors of the Town of Wappinger in the New York
Supreme Court. The object of the Stein proceeding was to seek a review and
a reduction of the 1966 assessment on the Brookside Gardens apartment devel-
opment. The 1966 assessed value for the Stein property was the sum of $268,755.00.
In the Metzger proceeding, the petitioners sought a review and a reduction of a
$84,560.00 assessment on commercial property improved with an A 8 P Store.
Subsequent to service of papers in each ofthese proceedings, we.
appeared on behalf of the respondent assessors of the Town of Wappinger and
interposed answers to the petitions. During the course of litigation in each
of these proceedings, motions were made on behalf of the respondent assessors
to dismiss the petitions and quash the proceedings, on the basis of irregul-
arity and defect in procedure. These motions were argued before Mr. Justice
Hawkins at the March term of New York Supreme Court in Dutchess County.
On June 20, 1967, Mr. Justice Hawkins rendered decisions on each of
the applications to quash. He also decided certain cross-motions made by the
petitioners in each proceeding. The decision in each instance was in part
favorable to the Wappinger assessors, and in part adverse. Shortly after .the
decisions were handed down, we advised your body of their content and we re-
quested permission to appeal each decision to the Appellate Division, on the
basis of legal error. At a recent meeting, permission to appeal was granted.
We are pleased to be able to advise you that since it became known
that the. Town Board had granted its counsel permission to appeal, the decisions
in each of the subject proceedings, the petitioners and their counsel have stip=-
ulated to discontinue both proceedings on the merits with prejudice. Additionally,
the petitioners in the Stein litigation have stipulated to withdraw grievance
complaints filed against the 1967 assessments oh both the Brookside Gardens
property and the Rock Hill apartment development property. These petitioners
have°:further waived their reight to commence review proceedings on any other
litigation with respect to the 1967 assessments. The petitioners in the
Metzger proceeding made no protest against the 1967 assessment on their prop-
erty.
Very truly yours,
s/ Joseph D. Quinn, Jr.
August 24, 1967
Town Board
Town of Wappinger
Town Hall
Mi l l Street
Wappingers Falls, N.Y.
Re: Permit granted to Highway
Displays, Inc. for installation
of CATV System in the Town of
Wappinger, Dutchess County, New
York
Gentlemen:
This is to acknowledge receipt of a letter forwarded to this office under
date of August 9, 1967 by the Town Clerk indicating that the cancellation provisions
of the performance bond posted in connection with the above captioned matter were
unsatisfactory to your body.
We note that you have requested that we act to have the permitee post an
obligation which is not subJect to cancellation provisions.
We would advise you that we have no way of accomplishing the assignment
which you have given us. We know of no bonding company which will write an
obligation to extend over a long period of ten years or more without reserving
to itself the privilege to cancel upon notice. The cancellation provisions
contained in the bond which was forwarded to you with our letter of July 24,
1967 are not atypical. In commenting on these provisions in our letter, i -t
was not our purpose to indicate objection to the form of the obligation. We
were merely putting you on notice that the provisions existed.
We would suggest that you'reconsider the action which you took with res—
pect to this matter at your meeting of August 3, 1967.
Very truly ;yours,
s/ Joseph D. Quinn, Jr.
August 24, 1967
Mr. Edward Hogancamp, Regional Supervisor
Claim Department
The Aetna Casualty and Surety Company
479 Broadway
Newburgh, New York
Re: Brook Hollow Estates
Subdivision Town of Wappinger,
Dutchess County, New York —
Developer, Angelo A. Williams —
Bond No•. 10 S 18229 BC
Dear Mr. Hogancamp:
This letter will serve to confirm our telephone conversation of yesterday
in which you indicated that your office would schedule a conference during the
first week in September, 1967 with regard to the above captioned matter.
It is our understanding that the purpose of the conference is to work out
a method whereby improvements in the above captioned subdivision will be com—
pleted in accordance with the surety bond which has'been posted and with under—
lying specifications of the Town of Wappinger. It is our further understanding
that the conference will be held at this office and that the same will be attended
by representatives of your company, the principal on the subject bond, the engineer
to the Town of Wappinger and the superintendent of highways of that municipality,
and this writer.
We are willing to delay commencement of litigation in this matter for a
reasonable time pending the outcome of the meeting which you have suggested.
Very truly yours,
s/ Joseph D. Quinn, Jr.
cc': Town Board
Hon. Joseph H. Fulton, Supervisor
Mr. Knud Clausen, Superintendent
Mr. Rudolph Lapar
Mr. Quinn explained what had transpired — that discussion would possibly take
place next week, and negotiations were continuing —
Mr. Diehl showed concern that there would be continuing delays. Mr. Clausen had
similar sentiments, but expressed faith in the Attorney that he would not let
this metter lie on the bargaining table for a prolonged time.
At this point Mr. Quinn was asked for a report on the general status of litigation.
Mr. Quinn gave a brief resume — touching on Beechwood Circle, Tall Trees. He
referred to these two actions as unique kind of problems, mentioning the confer—
ences with Town personnel and correspondence with the Bonding Companies on it.
He felt things were continuing normally, and developers were cooperative.
Rules were suspended to permit Mr. Cortellino a few words with the Board about the
responsibility of the Bonding Company in paying the Bonds.
Rules resumed.
Mr. Angelo Williams presented the Board with a reduced performance Bond for
Tall Trees, Section I. •
Action tabled and referred to Attorney and Highway Superintendent.
A request from Custom Cleaning Contractors for an additional $10.00 per month
for scrubbing front stairway of the Town Hall and cleaning the two bathrooms on
the second floor once a week, to be incorporated in his contract was received.
Mr. -Clausen moved that an additional $10.00 per month be approved for Custom
Cleaning Contractors.
Seconded by Mr. Francese. Motion unanimously carried.
A letter was received from H. Todd Brinckerhoff, President of the Wappingers
Area Pop Warner Football League inviting representatives from the Town to
attend, and be introduced, at the first game of the season — 9/17/67.
Mr. Clausen suggested that Mr.. Fulton and Mr. Diehl be representatices for the
Town — which was agreeable to both gentlemen. It was requested that .the Rec—
reation Commission received a copy of the letter also.
A letter from the Wappingers Civic Association, by Paul Robitaille, Vice Pres—
ident, was received, asking about the Bond situation on Wildwood Forest, Section I.
The Board agreed that these questions had, earlier in the meeting) been dis—
cussed.
The following letter was received:
September 6, 1967
Supervisor Joseph Fulton
and
Members of the Town Board
Town of. Wapp.inger,Mi I.l St.
Wappingers Falls, N.Y.
Gentlemen:
This letter is written as a report to the Town Board on the lateral sewage system
constructed within Dutchess Heights, Inc., Section One.
As of September 6, 1967 Dutchess Heights, Inc. has constructed four thousand
nineteen (4,019) feet (lineal feet) of sewage main within the development known
as Dutchess Heights — Section one. The Dutchess County Department of Health
together with the engineering firm of Knox, Hayward, Pakan Associates has on
this day conducted an infiltration test for this lateral system and has reported
a total of two hundred eighty (280) gallons per mile per day. This figure is re—
markably low in view of the fact that the district permits as much as 3,500 gallons
per mile per day before a system is acceptable.
It is well known that the amount of infiltration is directly related to the oper—
ating costs of the sewage district; that is, the lower the infiltration, the lower
the operating cost and the higher the infiltration, the higher the operating costs.
Since Dutchess He4ghts, Inc. is part of the total Rockingham Farm Sewage District
it must bear its share of expenses of operation of the total district. With this
in mind, Dutchess Heights, Inc. wishes to go on record that it has discharged its
duty in constructing a lateral sewage system with the highest specifications and
does not wish to burden the taxpayers who will reside in Dutchess Heights with
expenses that are directly related to the high infiltration prevalent in a number
of the other developments which comprise the balance of the Rockingham Farm Sewage
Dis=trict.
We have seen the high infiltration figures for these other developments and
are confident that our District Engineer will take all steps necessary to direct
the appropriate developers to repair their systems to conform with the high work—
manship evident in the system of Dutchess Heights, Inc.
Very truLyyours,
Dutchess Heights, Inc.
s/ Lewis I. Alpert, President
Mr. Clausen commenting on the report, observed that when a developer shows such
good faith, or good workmanship, in protecting the future residents; and also
working together with the Town in such a remarkable fashion as the Alperts Sub—
division, he felt a letter of-comrhendation should be sent •to the Alperts for
high performance in relation to installing the sewage pipes. After a comment
from Mr. Quinn on the mechanics of this report, it utas decided that commendation
be reserved for the appropriate time.
Recess called at 8:50 P.M..
All members, except Mr. Bulger were present when the meeting was called back to
order at 9:55 P.M..
Tall Trees, Section II was put before the Board for discussion.
Rules suspended — Mr. Francese asked to be excused during any discussion regarding
Tall Trees II — permission granted — and he took leave temporarily —
Mr. Heydman, Beechwood Circle — asked if therecwas.anytconnection between the,,-:
Road problems in Tall Trees II and Beechwood Circle — how would the action in Tall
Trees be interpreted in realtion to Beechwood Circle,
Mr. Fulton responded that he didn't believe there was any connection at all
between the two.
Rules resumed.
The following proposal was read: -
September 6, •1967
Knud Clausen
Department of Highways
Albany Post Rd.
Wappingers Falls, N.Y.
los
Re: Tall Trees Subdivision
Section 2
Dear Mr. Clausen:
We are writing this letter to confirm the understanding reached at
a meeting held on August 29, 1967, concerning Tall Trees Subdivision, Section
2, Town of Wappinger, which understanding has been modified by a letter of
Quinn and Reilly, dated September 1, 1967, and by recommendations made at a
meeting of the Town Board held on -September 5,,1967. This letter contpins such
modifications and recommendations.
Quinn,
tacted
ision,
The following were present at the meeting of August 29, 1967.
Knud W. Clausen -
RuOolph E. Lapar -
Joseph E. Ludewig -
Rodney Tobin -
Harry Raker
Town Superintendent of Highways
Town Engineer
Building Inspector
Road Contract
Home Builder
While the meeting of August 29, 1967 was in progress, Joseph D.
Jr., Town Attorney, and Joseph H. Fulton, Town Supervisor, were con -
by telephone.
HARRY RAKER, INC., the owner of thirteen Tots in Tall Trees Subdiv-
Section 2, will do the following:
1. Hire a responsible contractor at its own cost
and expense to take immediate steps to shape
up the roads in said subdivision.
2. Maintain, until April 1, 1968, the said roads in
a safe and passable condition, to the satisfaction
of the Superintendent of Highways of the Town
of Wappinger.
3. Install culvert pipe in compliance with Town
of Wappinger specifications under driveways
leading to houses which have been constructed
upon lots now or formerly owned, or to be ac-
quired, by Harry Raker, Inc. in said subdivi-
sion. Such pipes shall be installed in a
manner and at locations approved by the Super-
intendent of Highways.
4. Deposit with the Town of Wappinger a certified
check in the amount of +$2,000.00 to guarantee
performance by Harry Raker, Inc. of the obligations
imposed upon such corporation by the terms
and provisions of this letter. If the Superin-
tendent of Highways shall determine that Harry
Raker, Inc. is in default of performance of
such obligations, the proceeds of such check
shall be deemed forfeited and such proceeds
shallbe applied to the cost of road mainten-
ance in Section II of the Tall Trees Subdiv-
ision. If such obligations are performed to the
satisfaction of the Superintendent of Highways,
the proceeds of such check shall be returned to
the depositor.
It is our understanding that the Town Board and other authorized
officials of the Town of Wappinger will lift the moratorium on Building
Permits and C ertificates of Occupancy immediately following the acceptance
of this proposal and upon the happening of the following events:
1. The contractor hired by Harry Raker, Inc. has shaped
up the road to the satisfaction of the Town Superin-
tendent of Highways.
2. Harry Raker, Inc. deposits the aforesaid certified
$2,000.00 check with the Town of Wappinger.
If the building permits for lots owned by Harry Raker, Inc. are
issued prior to December 1, 1967, then, Harry Raker, Inc. shall be responsible
for road maintenance until such date as it shall convey title to all of such
N�
��
lots, for which building permits have been issued' to bonofide residential pur— —
chasers. ' In no event shall such period of -maintenance expire prior to April 1, 1968.
No further permits shall be issued after December 1, 1967 unless Harry Raker, Inc.
shall agree to continue maintenance of road until such time as title to all of such
lots hos been so conveyed, or April 1, 1968^ whichever event later ocours,
It is understood that Certificates of Occupancy will be issued only upon
compliance with the Zoning Ordinance and Building Code of the Town of Wappinger and
the terms and conditions of this letter as of the date of the requests for such
Certificates of Occupancy.
It is further understood that Certificates of Occupancy will be issued to
Harry Raker, Inc. for the following lots in Tel Trees Subdivision, Section 2, for
which Building Permits have provibug|y been issued:
LOTS NOS. 54, 61, 62 and 71° Lot No° 62 hes been
previously conveyed to a honofide residential
purchaser.
It is further understood that Building Permits will be issued to Harry
Raker, Inc. for the following lots in said Subdivision:
LOTS NOS. 49,55,56,64165,66,67,68,70 and 72.
Such permits will be issued subject to the compliance by Hurry Raker, Inc.
of the terms and conditions of this letter as of dote of such request.
If the foregoing is in occordoncd with your understanding of the agreement
reached at the meeting of August 29, 1967^ with the changes mentioned above, we
would appreciate it if you would note your approval on the copy of this letter
which is enclosed.
� .
In the event that the Continental Casualty Co" or the principal under its
bond satisfactorily comp|etesv prior to April 1v: 1968, the rood and drainage req—
uirements in Tall Trees 3ubdivis\on' Section 2, then the obligation of Harry Raker,
Inc. pursuant to this -letter shall terminate.
If this proposal 'is not accepted by the Town ,Board at itsnmewting of Sept—
ember 7, 1987v please consider the within proposal withdrawn.
Respectfu,)|y yours,
Harry Raker, INc.
' . .
cc: Rudolph E. Lapary Joseph E. Ludewig, Rodney Tobin, Inc., Joseph D. Quinn, Jr.,
Town Board, Town of Wappinger, Joseph H. Fulton. '
Mr. Clausen stated that on the whole it was o good proposal, but he had one reserv—
ation,
ond would like to have it cleared up tonight. What he was fearful of was
that if the Town Board moves to accept this proposal, it might be misconstrued, He
wished to make clear the point that if the Highway Superintendent recommends and
the Town Board accepts this proposal it in NO WAY sets a policy whereby this Town
Board will accept or will issue Building Permits or C.O./s on roads NOT meeting the
at all -
Highway Specifications. He then asked Mr. Quinn ifthis would/ set a precedent in the
future for any developer or builder asking for Building Permits and C.O./s if and
when the Road Specifications were not up to grade.
AAr. Quinn didn't feel it would — he believed that each situation must be justified
on its own set of facts, and what hos just beeostoted» very clearly indicates that
it is not a blanket policy of the Town of Woppinger. What consideration the Board
gives to this proposal will be based solely on the examination and evaluation of the
facts of this particular situation by the Town Officials.
Mr. Fulton asked the Highway Superintendent for his recommendation.
�
Mr. Knud Clausen recommended that the Town Board accept Mr. Raker's pcopoau| -
land he will see that it is carried out in the manner of this contract.)
Mr. Diehl asked that it be brought out again regarding the waivers - Mr. Fulton
asked the record show that any action taken on this proposal tonight is subject
to complete release from the Continental Casualty Co., in regard to Bond #
2234700 and also the complete release from Mr° Angelo Williams the Principle.
Rule suspended to permit Mr. Corte||{no to clear up several questions he had
regarding this prOposn]~
Rules resumed.
Mr. Clausen pointed out that counsel has`odvised the Board that this action,
in no way, affects the litigation against Tall Trees, Section II, assuming
the consents are given.
Mr° Effron, attorney for Mr. Raker, pointed out that time is of the essence to
Mr. Raker - that if the waivers are not received within a matter of days, Mr.
Raker cannot go through with this proposal. There was no animosity on his
port, it was simply a matter of economics. Mr. Raker, himself, asked the Board
for some temporary relief - for one person to go in. He appreciated what the
Board was doing, but he was con.cerned for one pending contract.
Mr. Diehl said he was not in favor of issuing any C°O.`s until the Town has
obtained a release from the Bonding Company and Mr. Williams.
Mr° Fulton, on the basis that the Board has done a lot of work on this propnao|v
that Mr. Knud Clausen will be satisfied, the Attorneys have given assurance that
the Board has the necessary protection and the benefit that will be gained on
this moved that Mr. Harry Raher`s proposal be accepted.
Seconded by Mr, Clausen. Mr. Fulton - Aye; Mr. Clausen - Ave; Mr° Diehl - Ave;
No Nays. Motion unanimously carried.
(Mr. Francese returned to the meeting.)
Mr. Knud Clausen asked Mr. Quinn how he was proceeding on Spook H||| Road (ac-
quiring the Right of Way from Mr. Eck et o|)/
Mr. Quinn' said the problem wasn't with Mr. Eck, it was with his co -principles.
He hadn't had answers to some letters and had done everything possible to avoid
condemnation because the cost of condemnation because the cost of condemnation
is more than the value of the parcel itself.
Mr. Fulton asked Mr. Knud Clausen if he wanted to go to condemnation on Spook
Hill?
Mr. Knud Clausen said "yes" - he recommended to condemn the land.
Mr. Fulton made a motion that the Board direct the attorneys to start proceed-
ings, on the recommendation of the Highway Superintendent, on the condemnation
of property on Spook Hill Road. Seconded by Mr. Clausen. Motion unanimously
carried.
Mr. K. Clausen remarked that it was his belief that the Board had directed counse
some time ago to go into condemnation proceedings long before this.
Mr.- Quinn responded that that was true, but had tried to avoid spending $1,500 to
$2,000 to pick up a parcel that is probably worth $150.
Mr Louis Clausen, while on the subject, asked Mr. Knud Clausen what his recommendation
was for Widmer Road Shapiro property.
Mr. Knud Clausen only commented that it was his understanding that Mr. Gellert and
the Attorney to the Town were negotiating, and that they were very close on price.
He recommended only that this continue. (negotiations)
Mr. Bisom was given the floor at this point (having not been present OarliE.r}.
He discussed non—conforming business again, and had a clipping about a recent Zoning
Board of Appeals decision, relative to his position — The Board again advised him to
make an appeal to the Zoning Board of Appeals on his request for expansion of his
business.
Mr. Diehl presented a report on investigations of requests -for street lights.
He presented for approval 3 recommendations for additional street lighting — 1st,
2 lights to be installed on Amherst Lane, which is in the Hughsonville Righting
District; 2nd, 2 lights each at the intersection of new Route 9 and McFarlance Road;
3rd, one Tight each at intersection of New Hackensack Road with Cindy Lane, Wildwood
Drive and Daisy Lane.
Mr. Francese moved that the necessary contractural arrangements are made, and the
Supervisor be empowered to make the necessary contractual` arrangements, according
to the wishes of the Committee of Mr. Diehl and Mr. Bulger.
Seconded by Mr. Clausen. Motion Unanimously Carried.
RESOLUTION NO. 39, YEAR 1967
RESOLUTION, TOWN BOARD, TOWN
OF WAPPINGER, DUTCHESS COUNTY,
NEW YORK AUTHORIZING THE
SUPERVISOR OF THE TOWN OF WAPPINGER
TO ENGAGE AND RETAIN• THE SERVICES
OF THE MUNICIPAL SECURITIES DIVISION
OF MARINE MIDLAND TRUST COMPANY OF 'ir
WESTERN NEW YORK TO PROVIDE CONSULTING
SERVICE IN CONNECTION WITH NECESSARY
FINANCING OF ACQUISITION OF THE
OAKWOOD KNOLLS WATER AND SEWER SYSTEMS
AND IMPROVEMENTS THERETO, ACQUISITION
OF L. & A. FILTRATION CORP. SEWER
SYSTEM AND IMPROVEMENTS THERETO, AND
- FORMATION AND CONSTRUCTION OF• LARGE •
SCALE SEWERAGE TREATMENT, DISPOSAL
AND COLLECTION DISTRICT, IN THE
TOWN OF WAPPINGER.
The following resolution was offered by Mr. Fulton who moved its adoption:
WHEREAS, THE Town of Wappinger has obligated itself to acquire the (oak d'
Knolls water supply and distribution system, and
WHEREAS, the Town of Wappinger has obligated itself to acquire the Oakwood
Knolls sewerage treatment, disposal plant and collection system, and
WHEREAS, the Town of Wappinger has obligated itself to acquire the sewerage
treatment, disposal plant and collection system presently owned by L. & A._Filt-
ration Corp., and
WHEREAS, the engineering consultants to the Town of Wappinger have indicated
the necessity and feasibility of improving some or all of the facilities to be
acquired as aforesaid, and
WHEREAS, the Town of Wappinger has heretofore engaged consulting engineers
to prepare and formulate plans for the establishment and construction of a large
scale sewerage treatment, disposal and collection system and district to serve
existing sewer districts in the Town and to provide future service for large
area of the Town, and
WHEREAS, the necessary funds to finance the aforesaid projects are to be
_obtained from the proceeds of the sale of obligations of the Town of Wappinger,
and
WHEREAS, it appears to be in the best interests of .the Town of Wappinger
to engage the services of the Municipal Securities Division of Marine Midland
Trust Company of Western New York to assist this municipality in issuing and
marketing such obligations upon the most favorable basis possible,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of. Wappinger
as follows:
Section 1. 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 secure, engage and retain Marine Midland Trust Company of Western
New York to provide financial consulting services to this municipality for the
purposes set forth in the preamble of this resolution.
Section 2. This resolution shall take effect immediately.
Seconded by: Mr. Francese
Ayes: 4 Nays: 0
Carried: September 7, 1967
Mr. Clausen: Aye
Mr. Francese: Aye
Mr. Diehl: Aye
Mr. Fulton: Aye
The decision on the Beacon Cable Corporation Petition_ to service the Town with
Cable Television was tabled for further information from Mr. L'Archevesque.
Mr. Fulton informed the Board that the County is planning to make Tax Maps -
the offer that the County is making is that they will re-imburse the Town the
amount that it cost to have the Town of Wappinger Tax Maps made. He asked the
Board's reaction to this proposal.
Mr. Francese asked if the county would pay for the upkeep up to date also.
Mr. Clausen moved that Mr. Fulton be empowered to negotiate a price with the
county that would include the initial cost of maintaining and updating them
since the initial cost.
Seconded by Mr. Francese. Motion Unanimously Carried.
Mr. Fulton commented here that he had been to see the head of Castle Point,
stemming from the Chelsea areas need for Recreation. He and George Schlathaus
spoke to Dr. Millis about the possibility of leasing some hospital property
to the Town - anywhere from 6 to 10 acres - the engineer to the Town would
be requested to map out what the Town would like to use for a ballfield, and
it was also referred to the Recreation Commission for their recommendation.
Mr. Diehl: Along these same lines brought up that he had been looking into a
• "
piece of property suitable for Recreation right in the heart of Chelsea - owned
by the Roman Catholic Church, an order of Brothers. He didn't have too much
information on it, but requested it be forwarded on to the Recreation Commission
also.
Mr. Fulton mentioned that he had been informed by the Health Department that there
would be classes starting soon for Water Plant Operators - and as the Town has
already availed itself of Mr. Gutmann's abilities along the Sewer Operator lines,
it might be wise to consider a similar opportunity for a water operator. He asked
the Board, providing there wasn't any legal prohibition'reOnrding it, if they would
approve sending Dick Hodges (who has, from time to time, operated the Oakwood Knolls
Water Plant) to these classes - the fee is $25.00 (for the 5 days) and he would
receive his Class 3 Water Operator's License.
Mr. Clausen asked if it wouldn't make good sense to have the Sewer Operator licensed
for water also, why not send both Mr. Gutmann and Mr. Hodges.
Mr. Clausen moved that both Joseph Gutmann and Dick Hodges be groh1ed Permission
to attend classes in White Plains for Water Plant Operators, and that they be
reimbursed by the Town for registration fees and expenses incurred, providing they
accept the opportunity to attend.
Seconded by Mr. Frahceee" Motion unanimously carried.
Mr. Froncese moved that Harry Straley be appointed Dog Enumerator for the Town of
Woppinger for 1967.
Seconded by Mr. Clausen. Motion unanimously carried.
Recess called at 11:15 P.M..
Meeting called back to order at 11:20 P.M..
Bids had been received by C. & E. Construction Co.' Chief Construction Corp.'
Ninnie Construction Corp., F.J. Lafko, for \nzto| |{ng a Storm Drain Sewer in
Ardmore Hills development - Bids opened August 28, 1967.
Mr. Fulton moved that all bids be rejected for the installation of Storm Drain
Sewers in the Ardmore Hills Development on the basis that all bids failed to
comply with the bidding statute requiring non -collusion clause submitted with the
bids.
Seconded by Mr. Diehl. Motion Unanimously Carried.
Mr. Fulton directed that the Engineer to the Town and Town Clerk readvertize for
Bids as soon as possible.
Mr. Fulton' in the area of miscellaneous business, re -iterated general litigation
(Tall Trees,Beechwood Circle, VVi|dwmnd Foreat, and Condemnation Proceedins, etc.)
and its status. He first commented that the Town* in the last 2 years had taken a stron-
ger posture all along the line, most of the time having to defend itself, and that
<
V'
the Board had voted repeatedly to take this action. He asked the Board if there
was any litigation that the Town was under now that the Board feels should be
withdrawn from, as there has been criticism that there has been too much.
Mr. Diehl commented that he didn't see how they could possibly withdraw from any
litigation that has already started, "if we've got it, we're in a position to have
to defend it", but he pointed out that suggestions from the table to bring suit were
not appropriate.
Mr. Fulton replied that he felt his responses to question of suits were simply
truthful and factual.
Following more discussion on this subject, Mr. Fulton embarked on, (after asking
Mr. Francese to take the Chair, which was refused) the issue of the $75,000 Bonds
for the Town.
Mr. Clausen asked that this not be discussed at the table, as he felt it was of
a purely political nature, he asked the Supervisor to call for an adjounment
first. Mr. Fulton was of the opinion that this was Town Business, as all of the
Board was responsible for compiling the Budget, and this was a Budgetary item.
A lengthy discuss'',on followed, accomplishing nothing.
Mr. Clausen moved the meeting be adjourned.
Seconded by Mr. Francese. Motion Unanimously Carried.
Meeting adjourned at 12:I2 A.M..
7-7AWL„A\
Elaine H. Snowden
Town Clerk