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1967-08-03 RGMAGENDA -- TOWN BOARD MEETING AUGUST 3, 1967 411. Meeting Called to order /2 3. I 4. Roll Call Accept Minutes. PubV,A\t cvoc\ -7Z5ct- Jv n<k‘ 5pe-C.kca .Sur. .act (3ac�u�r Ju���- a.c%""f ac? Suly Reports of Officers 1111 vel Supervisor, Building Inspector, Justices Bills -- General Fund: Highway: 3�, 9q3. J3 o. _4 SS, (008 .71 . Reports of Committees a`�j 11 yr. road Committee - water systems Committee_-- . Petitions & Communications /a. Chas. Cortellino (letter tabled from July 6th) fib. Arthur Bisom /c. Communications from Quinn & Reilly re: People of the State of NY v. Schoonmaker Bros. 1d. Quinn & Reilly re: $55,608.71 Bond Anticipation Note,' No. 1-1967 finance.purchase and acquisition of Highway equipment. Quinn & Reilly re: Application of Highway Displays Quinn & Reilly re: Oakwood Knolls Water Supply Copy of communication from Q&R to Aetna Casualty Co. & Knud Clausen re: Brook Hollow Bond Memo from Mr. Ludewig & Mr. Lapar re: gravel permit Louis Eck re: gravel mining permit W.F. Chamber of Commerce re: handling of zoning violations Residents of'Amherst Land - request information on performande bond on Amherst Lane. 7. Resolutions 'Public Hearing for CATV Beacon Cable ✓ Transfer of funds - Supervisor- "co upervisor--10 \N-N4k'- 7clk Oi�&ca. 0 ?a,n\\rt,. 8. Old Business `` 'Letter from Verner Christensen re: letter on taxation •/Lagar - draft of Revised Highway Specs. 9. New Business / Designation of Polling Places 10. Miscellaneous Business Authorization for Signature Plate for Supervisor 11. Adiournment CoLQA Ar- der - A424..(2.0 P A Regular Meeting of the Town Board of the Town of Wappinger was held on August 3, 1967 at the Town Hall, Mill Street, Wappingers Falls, N.Y.. Mr. Fulton called the meeting to order at 8:12 P.M.. Present: Joseph H. Fulton, Supervisor William Bulger, Justice of the Peace Louis Diehl, Councilman Absent: Vincent Francese, Justice of the Peace Others -Present: Joseph Ludewig, Building and Zoning Inspector Rudolph Lapar, Engineer to the Town Knud Clausen, Highway Superintendent Motion made by Mr. Bulger, seconded by Mr. Louis Clausen, Councilman Elaine H. Snowden, Town Clerk Diehl to accept minutes of the of this Board held on May 25, 1967 (Public Hearing); May 25, 1967 (Special 1967 (Adjourned); June 29, 1967 (Special); July 6, 1967 (Regular); July 7, meetings Julie 8, Reg. );/June 15, 1967 (AdJourner 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 - Highway Machinery ------ 25,454.22 36,993:13 55,608.71 Mr. Bulger moved the bills be paid, subject to audit, seconded by Mr. Diehl. °unanimously carried. The following report was submitted by the II—year Road Prograri committee: August $, 1967 Town Board • Town of Wappinger Mill Street Wappingers Falls, New York Gentlemen: Motion The Town Highway Committee has held two meetings. From the ideas generated at these meetings the following recommendations are being offere1 for your consideration: I. That a bond referendum to corer the complete cost oflthe proposed road program be placed before the voters. The total sum would bei$1,015,000.00. This money would not necessarily be borrowed in its entirety, but es money was needed for each year's program. 2. The majority of the work, or perhaps all of it, should be performed by private contractors --thereby relieving the highway department for maintenance work on other roads. 3. The program should proceed as rapidly as possible. A recommended rate would be et least five miles of road completed per year. It would be advantageous if the survey work could be completed this fall, to insure starting road work next spring. 4. Information from the Appraisor's office and the attorneys to the Town is needed. A meeting between representatives from these offices and this committee should e held in order to determine the cost of the road program to the taxpayers. Respectfully submitted, (signed) Charles A. Cortellino Committee Secretary The Board directed that the Committee be authorized to meet with the attorneys and Assessors (as recittested in item 4 of above letter). Mr. Cortellino corirnented on the report, pointing out that it was preliminary, that after consultation with the Attorneys and Assessors figures may change and recom- mendations regarding rate at which roads should be completed may vary. Discussion follow d between Mr. Cortellino and Mr. Knud Clausen, with Mr. Knud• Clausen pointing tip where he felt the recommendations were not feasible. Mr. Diehl reassured him that there were to be more meetings of this committee to settle these points. Mr. Bulger commented on the reference to a bond referendum and suggested that, time being of the esselpce, investigation into this be expedited. Nio report had been forthcoming from the Water Systems Committee. The Clerk was Instructed to contact Mr. Thomas Armstrong, Chairman of the committee reminding him the Board is ywaiting a report. The following letter (tabled from the July 6th meeting) was read: June 26, 1967 Wappinger Town Board Mill Street Wappingers Falls, New York Gentlemen: I am writing this as a taxpayer and not as a representative of any organization. It is my desire to be placed on the agenda of the next town board meeting so that I can get an answer to a question that I have asked repeatedly, i.e. how much of the town's money has been spent on work performed on non -accepted roads in the town. I am particularly interested in determining the amounts spent in Oakwood Knolls and Tall Trees. I am not complaining about the fact that the Town has gone in and done road repair and snow plowing, because it is my desire to have the same, services ex- tended to the area in which I live. Certainly, if the work done was due to an em- ergency condition, my area, Wildwood Forest, would qualify. Sunday, June 25, most members of the town board and the highway superintendent gathered at Tall Trees and declared an emergency situation there. Thursday, June 22 not one elected town off- icial appeared at Wildwood Forest where the situation was much more extreme. There was water pouring from the ditch on to the road so that there was one continuous surface running across both sides of Wildwood Drive. Gentlemen, you are still buffaloed, weak, and spineless when you leave it to -the citizens to take on Skyview Development. Whey is it that you can exercise your authority in Rockingham Farms, Oakwood Knolls, Tall Trees and Beechwood and yet you needed three different resolutions and a period of four months to Just state that you will call in the performance bond for Wildwood. My last remaining question is, why do you differentiate in the services you provide different developments? Very truly yours, (signed) Charles A. Cortellino b 3, Mr. Fulton answered that the legal actions that are against the Town in the other' developments are nothing like what is being faced in Wildwood (Section I) — a possibility exists of losing the Wildwood suit. As far as the Town's money that has been spent on non—approved roads the Town has an understanding with the developers that they will be back charged, but with Mr. Lafko the Town has never been able back to come to any understanding where he would accept these/charges, therefore the reluctance on the Town's part to do anything in Wildwood. Mr. Cortellino gave a short repartee on the Road conditions in Wildwood with Mr. Bulger reminding him that it was those things on which no agreement could be reached that would be the basis for suit. Mr. Cortellino made one recommendation — e.i. fencing along the ditch. Mr. Diehl digureed with Mr. Fulton's statement that the Town had only a 50-50 chance of winning the suit; he felt the Town had gone into it with the idea of 100% chance of winning — and after we have won the suit some type of fencing or curbing could be considered. Mr. Bisom had requested to speak to the Board again about the non—conforming business. He reiterated past discussions about his non—conformity, and wanted to know if anything had been accomplished since the last Town Board meeting. He kept referring to a vote taken at a Joint meeting of the Town Board and the Planning Board in which the Town Board indicatedfavoring: expansion of non—conforming business. Mr. Bulger reminded him that that was an executive meeting and Mr. Diehl added that it was his recollection that the Town Board had voted in favor of having the Planning Board and Consultant make a study, and come up with a report regarding the allowance of expansion. This report was to come back to the Town Board. He pointed out that when this report doe -s come back, there will be a final vote. Mr. Bisom countered with the comment that he would ask the Planning Board whether they had received instructions from the Town Board as such. Mr. Fulton directed a letter be sent to the Planning Board advising them that the Town Board is awaiting some word on this report, and are interested in propositions from the consultants. The following communications were received: July 17, 1967 Town Board Town Hall Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: People of the State of New York v.- Schoonmaker Bros., Inc. Gentlemen: Please be advised that by_order of Hon. Raymond C. Baratta, Dutchess County Judge the above captioned action was transferred from the Justice Court of the Town of Wapp— Inger to the Hon. George L. Pagones, Justice of the Peace, Special Sessions, Town of Poughkeepsie, Dutchess County, New York. This cause had previously been pending before the Hon. William Bulger, Justice of the Peace of the Town of Wappinger. On July 6, 1967, the return date of this order, the undersigned, as counsel to, the Town of Wappinger, appeared before Judge Pagones on this cause. The def- endant also appeared and was represented by Allen J. Indzonka, Esq., its counsel. At that time, a plea of guilty to the charges was made by the defendant, Schoonmaker Bros.., Inc.. Judge. Pagones fined. the.defend.ant $50.00 and suspended sentence. Very truly yours, (signed) Harold H. Reilly July 21, 1967 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York Re: Gentlemen: $55,608.71 Bond Anticipation Note, No. 1.- 1967., to finance the purchase and acquisition of Highway equipment Kindly be advised that we have examined into the validity of the $55,608.71 Bond Anticipation Note No. 1 - 1967, made by the Town of Wappinger, Dutchess County, New York, dated July 21,, 1967, which note bears interest at the rate of 3.00% per annum, and matures July 21, 1968, and is payable at maturity with interest, with prepayment privilege reserved. In this; connection, we have made an examination of the Constitution and the related statutes of the State of New York and all papers and proceedings of your board and other instruments authorizing and relating to the issuance of said note. We have also examined the form of the note and the bond anticipation note certif- icate. It is our opinion that the above captioned bond anticipation note has been authorized and issued in accordance with the pertinent provisions of the Constit- ution and the related statutes of the State of New York, and that the note consti- tutes a valid and legally binding general obligation of your Town, and that all of the taxable real property within the Town_of Wappinger is subject to the levy of ad valorem taxes to pay the principal of and the interest on said note without lim- itations as to rate or amount. Very truly yours, (signed) Joseph D. Quinn, •Jr. July 24, 1967 Mrs. Elaine H. Snowden, Town Clerk Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York Re: Application of Highway Displays, Inc. for permission to install a Community Antenna Television System in the Town of. Wappinger, Dutchess County. New Yprk. Dear Mrs. Snowden: At an adjourned meeting of June 8, 1967, the Town Board of the Town of Wapp- inger adopted a resolution granting the application of Highway Displays, Inc. for permission to install and maintain a Community Antenna Television System in the Territory of the town, exclusive of the corporate area of. the Village of Wappingers Falls. The subject permit was issued upon the following conditions, among others: 1. Payment of an administrative fee of $1,000.00 by Highway to the Town of Wappinger. 2. The furnishing of a certificate of insurance cover- age of the type required by Article "Thirteenth" of the contract between the town and the permittee. 3. The furnishing of a performance bond of the type referred to in Article "Twenty -First". Several days ago, Highway delivered to your office the three items set forth above. At your request, we examined the insurance certificate and the bond which was submitted. We found the insurance certificate to be in good order and left the same with your office. In examining the performance bond, we found that the signature of the corporate principal had not been properly acknowledged. The bond was returned to the principal for correction. On July 21, 1967, the corrected bond was returned to this office for examination and approval. We found it to be in good order. Accordingly, we forward the same herewith for filing with records pertaining to this matter. There are certain conditions and limitations set forth in the enclosed bond which should be brought to the attention of town officials. They are as follows: 1. In the event of default by Highway, the town must notify the surety (Agricultural Insurance Company, Watertown, New York) of such default by registered mail addressed to the surety at 215 Washington Street, Watertown, New York, within sixty (60) days after the town shall have acquired knowledge of such default. 2. The surety has the absolute right to cancel the bond at any time upon giving sixty (60) days written notice to the town by registered mail. If such notice is proper- ly given, the surety's liability shall cease and terminate at the expiration of the sixty (60) day period, except as to such liability of the principal which may have accrued prior to the expiration of the sixty (60) day period. No suit, action or proceeding may be maintained against the surety on the bond, unless the same shall be instituted within six (6) months after the expiration, cancellation or termination of the bond. 4. The bond is issued for the sole benefit of the town. There are no third -party beneficiaries protected by the obligation. Very truly yours. (signed) Joseph D. Quinn, Jr. Mr. Bulger strongly objected to the stipulation that the surety has the absolute right to cancel the Bond at any time upon 60 days written notice. He didn't think this is a responsibility of the Town, that the Townshould have to go back to the other party and ask who their surety is now - he felt the attorney should be in- structed to not agree with the Bond provision of right of cancellation, if the other party wants the contracts they should have a non -cancellable Bond. The Clerk was instructed to send a letter to Quinn -and Reilly,_ reflecting the Board's feelings that they unanimously agree that this clause,regarding the60 day cancellation by surety, is not acceptable. Mr. Fulton made mention of the fact that Highway Displays had notified him that CATV hook-ups will be free, and on a 30 day:trial,as requested,. will go on for 6 months. The Clerk informed the Board that a certified copy of the N.Y. State Water Re- sources Commission's decision on the Town's application for the acquisition by the Town for the Oakwood Knolls Water Supply and Distribution System had, been placed on file in the Town Clerk's Office. It was a favorable decision, (rend- ered July 20, 1967) granting the application of the Town of Wappinger in, all respects. Mr. Fulton noted that this approval has been placed before the Public Servi,ce Commission, and hopefully their approval Should be. forthcoming by the first of next week. They, if they approve, will follow a Bond Resolution - 20 day estoppel period, and, if all goes ri6ht, 5 to 6 weeks for closing.. Cortimunications between Mr. ¢uinn and the Aetna Casuaity,end Surety Company re: Brookhollow Estates.Subdivision Bond were received. The following memo was read: MEMO TO: Wappinger Town Board FROM: Joseph E. Ludewig, Zoning Administrator and Rudolph E. Lapar, Engineer to the Town DATE: July 12, 1967 SUBJECT: Gravel -Mining Permit As requested by Supervisor Fulton yesterday, we have, this morning, checked the gravel -mining operation of Carl Swenson in order to see if the mining was being conducted within the area limits covered by the permit. We checked, by tape measure, the boundaries in which activities were occuring and compared by scaling the distances on the approved map and found that the mining was, in fact, taking place within the area indicated on the map as approved. Respectfully submitted, s/ Joseph^E. Ludewig Zoning Administrator s/ Rudolph E. Lapar Engineer to the Town Mr. Harding raised wome questions about the filed map - and disputed the measurements, wanted to know where the measurements were taken from. Mr. Fulton pointed out that there had been a question that mining was being. conducted up near the barns that was not in accordance with the map which the Board hadasked to be checked out. After a short discussion on this subject Mr. Clausen commented that it was a matter for the court to decide. Mr. Fulton called a 5 minute recess at 9:23 P.M.. Meeting called back to order 9:35 P.M.. Mr. Ludewig and Mr. Lapar were instructed to make another check on the mining operation tomorrow (August 4th). 7 6 Mr. Eck had written to the Board relative to continuing Zoning Ordinance Violations, but submitted the following letter instead: July 3, 1967 Zoning Inspector Town of Wappingers Wappingers Falls, New York Dear Mr. Ludwig: I bring to your attention for your interp3tation and enforcement the following violations of our town zoning ordiance. Did ;your office issue a permit to Mr. Swenson or Central Hudson Gas and Electric Company for new structurs or a permit for moving of existing structures as defined under paragraph #20 of section 421 or section 423? A permit is mandatory before any structures can be moved, attered, or built. The clearing of the site by a subcontractor has started last week in preparation to erecting the necessary structures by the utility co. If a permit has not been app- lied for and granted the parties involved are in direct violation of the zoning ordiance. Check section 421 paragraph #20A as to how a utility transmission' lines are regulated in A-1 zone once a permit has been applied for. This type of land use under section 423 must be in full compliance with section 430. "Structures" --Definition contained in present zoning ordiance "Anything constructed or erected, the use of which requires location on or under the ground, attachment to something having location on the ground." The structure that is in the process of construction will be 50 feet high and is being located partially on two private parcels of property belonging to Mr. Swenson and Mr. Alexander. The properties have not been condemned or purchased. Who has given the contractor permission to remove dirt from one private property to another without a permit being on file? If a permit is on file when was the public hearing held as required under section 434.01 relative to comply with the land use in an A -I zone? If I don't hear from your office before the town meeting of July 6, I will request the answers of your office at the meeting I respectfully await your answers relative to the violations mentioned Respectfully yours, s/ Louis Eck Mr. Fulton asked Mr. Ludewig for an explanation on these Central Hudson Poles that that Mr. Eck made reference to. Mr. Ludewig read Section 421 p.p. 20 - stating that this was a list of permitted uses - which in turn are broken down into 2 categories - some are followed by aster- isks - some have none- the asterisk ones are subject to the requirement of Special Use Permit. Not asterisked are utility lines - further defined as "Telephone or light poles or sbmilar equipment shall not be subject to these regulations". Discussion followed regarding interpretation of the Zoning Ordinance, relative to transmission lines, Mr. Clausen's belief was if the transmission lines going across this property must either have been condemned or at least had the consent of the owner and the only thing then if it isn't under a Special Use permit, the Board is to be concerned about would be a health and safety -violation, and he was sure Mr. Ludewig had already checked into this. A letter was received from the Wappingers Falls Chamber of Commerce regarding their concern with the manner in which the Town Board is handling the Swenson mining operations violation, and he was sure Mr. Ludewig had already checked into this. A letter was received from the Wappingers Falls Chamber of Commerce regarding their concern with the manner in which the Town Board is handling the Swenson mining operations violations. Mr. Eck pointed out that the Chamber wanted the Board to sit down with them and discuss the Board's actions. Mr. Bulger asked Mr. Eck what his position was with the Chamber and did he speak for the Chamber? Mr. Eck replied he was on the Board of Directors and di'd speak for them. Mr. Fulton asked if the Board wished any discussion. Mr. Clausen' asked if there was any positive action that the Board could come up with, other than what had already been discussed, the proceedings come up in court the Ilth (of August) and it all hinges on that., "What more could we tell the Chamber than what has been told to individual parties tonight?" Mr. Diehl asked Mr. Eck if there was anything specific that could be cleared up, and Mr. Eck remarked that there were certain procedures that could have been taken, that weren't, to lift the restraining order and the Chamber wanted to show the Board where Mr. Quinn was wrong, that he didn't make any effort to lift the order. Mr. Fulton's response was that the situation with the permit is actually a legal question, and the Board can't come to a battle with the Chamber over a legal question they aren't so equipped. The Board was in full agreement with this. Mr. Clausen remarked that if the Chamber feels there was something bene- ficial at this point that's one thing, but it's to meet for the Chamber to show us where they think we made mistakes, or Mr. Quinn made mistakes, is quite another thing. He isn't sure at this point what the Chamber really feels can be accomp- lished by a meeting. The Board agreed that if the meeting were for purposes other than to argue legal points, it might hold some merit. Mr. Fulton concluded the discussion by assuring the Board that he would answer the Chambers letter expressing the feelings of the Board as stated. The following letter was received from Residents of Amherst Lane: July 31, 1967 Wappinger Town Board Wappingers Town Hall Mill Street Wappingers Falls, N.Y. Gentlemen: We the undersigned residents of Amherst Lane would like to know the date set by the court for the case concerning the performance bond on Amherst Lane. Respectfully yours, f (letter from Amherst Lane residents) Signed: Richard Lowry John Salamy Jean Lane Paul Hill, Jr. Hollis Hutchinson James R. Gray Russell C. Jones Florence Jones The following letter was read in partial answer to the Amherst Lane Residents question: July 25, 1967 New York State Insurance Department 324 State Street Albany, New York Re: Tall Trees Subdivision, Section II, Town of Wappinger, Dutchess County, New York - developer, Brookhollow Builders, Inc. (Continental Casualty Company, surety Attention: Miss L. Justine Gobel Complaint Department • Gentlemen: Kindly be advised that this firm serves as counsel to the Town of Wappinger, a municipal corporation in Dutchess County, New York. On October 7, 1965, the Town Board of the Town of Wappinger accepted a per- formance bond guaranteeing the installation and completion of required improve- ments in the above captioned subdivision. On that date, such a bond was posted with the Town. The obligation is still in full force and effect, the principals on the bond are Brookhollow Builders, Inc. and Angelo A. Williams. Continental Casualty Company is the surety thereon. The bond is in amount of $36,000.00. On the basis that the principals have failed and neglected to diligently pros- ecute and complete installation of required improvements in the subject develop- ment, the Town Board of the Town of Wappinger did, on June 29, 1967 take action directing counsel to notify the obligors on the bond that litigation would be commenced to enforce the obligation. On June 30, 1967 we directed a letter to such effect to the principals and to the surety. A xerox copy of the letter is attached hereto. To date, we have had no response whatsoever from any of the obligors, includ- ing Continental Casualty Company. It therefore becomes necessary for the Town of Wappinger to commence an action to enforce its rights. We Would be most apprec- iative if you would inform this office of the name or names of proper officers or designees of Continental Casualty who are qualified to receive service of process in the State of New York. Very truly yours, s/ Joseph D. Quinn, Jr.' Mr. Bulger showed concern about answering the Amherst Lane Residents letter and upon questioning Mr. Salamy it was decided that communications from the attorneys regard- ing the case be forwarded to the residents by the Town Clerk. (Mr. Quinn also to be asked that if a definite date is set, to notify the clerk, so she may inform these residents). Motion made to suspend the rules. Mr. Schouten from Ketchamtown Road asked when the curve in the Road in front of this house would be fixed - it's been a year now and he had given the land for this curve to be straightened. Mr. Knud Clausen said that he hadn't had time to do it yet, but it would be soon. Rules resumed. Mr. Clause, noting there had been no report from Water Systems Committee earlier in the meeting — wished to inform the Board as to what he knew and this was that Thomas Armstrong had been appointed Chairman at the Committee's first and so far only, meeting, but due to unexpected out of town calls hadn't been able to call another meeting. Mr. Clausen had been in touch with Mr. Armstrong, and wanted the Board to know that the committee was still very much interested in the protect, and at this point he requested permission from the Board to call ano— ther meeting, as Mr. Armstrong was not in a position to continue to chair the . committee. (It was made clear that Mr. i,rmstrong was interested, and another appointment would not be made in his place). Mr. Bulger moved that Mr. Clausen be authorized to take the step to call a meeting (of the Water Systems Committee) immediately. Seconded by Mr. Diehl. Roll Call Vote: William Bulger Aye Louis Diehl Aye Joseph Fulton Aye Louis Clausen Abstain Mr. Knud Clausen had received the following letter (which the clerk read): Mr. Knud Clausen Highway Superintendent Re: Section II, Tall Trees Dear Mr. Clausen, We have been unable to obtain Building Permits from the Town of Wappinger, Building Inspector to erect single family dwellings in the above subdivision. It has been called to our attention that such refusal is due to the fact that your have advised the Building Inspector not to issue any Building Permits in said subdivision. We understand that you do not have any objection to issuance of such Building Permits and would appreciate it if you would so advise the Building Inspector. Respectful! yours, s/ Harry Raker President, Rebilt, Inc. Builders and Developers Mr. Knud Clausen expounded further on the above letter stating first of all, he had nothing to do with the issuance of Building Permits and didn't know where Mr. Raker got that idea: He did recommend the Board "pull" the Bond and knows it was recommended that no more Building Permits or C.O.'s would be issued. Mr. Fulton asked the record show that the action taken in regard to the Building Permits was an action of the Town Board. Mr. Bulger asked that a letter also be directed to Mr. Raker setting forth the factsthat this was Town Board action and that it was not any action on the part of the Superintendent of Highways. r+ . RESOLUTION, TOWN BOARD,. TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, FIXING THE TIME AND PLACE FOR PUBLIC HEARING TO CONSIDER THE APPLICATION OF BEACON CABLE CORP. PERMIT TO USE THE STREETS, HIGHWAYS AND PUBLIC PLACES OF THE TOWN OF WAPPINGER FOR INSTALLATION AND OPERATION OF A COMMUNITY ANTENNA TELEVISION SYSTEM. The following resolution was offered by Mr. Diehl who moved its adoption: WHEREAS, Beacon Cable Corp. has heretofore made application to the Town Board of the Town of Wappinger seeking to obtain a permit to use the streets, highways and public places of the Town, exclusive of the area of the Town situate within the corporate limits of the Village of Wappingers Falls, for the purpose of in— stalling, operating and maintaining a community antenna television system to furnish television service to the residents of the Town by means of a master ant— enna cable system, and WHEREAS, the provisions of Town Law section 64 (7) require that no permit or consent for use of the streets, highways and public places of the Town or any part thereof shall be granted by the legislative body of the Town until a public hearing thereon has been held before such body. NOW, THEREFORE, be i -t resolved as follows: 1. That a public hearing to consider the aforesaid application of Beacon Cable Corp. shall be held by the Town Board of the Town of Wappinger on the 22nd day of August, 1967, at 8:00 o'clock P.M., E.D.S.T.. on such day, at the Town Hall, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. 2. That at least ten (10) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and publishing such notice at least once in .the official newspaper of the Town of Wappinger. Seconded by: Mr. Louis Clausen Ayes: 4 Nays: 0 Carried: August 3, 1967 A Resolution to make the office of receiver of taxes was presented to the Board for consideration. The Clerk mentioned that the Board had previously instructed the Attorney to draw this up, and to refresh the Board's memory, added that the position would either be placed on the Ballot in November, or, could adopt this resolution making it an appointive position, for a 4 year term, subject to a permissive refverendum. Mr. Clausen could not recall the prior Board discussion and wasn't at all sure he 414 would be in favor of this being an appointive office. Mr. Bulger's question was what will occur on the 1st of January if no action is taken by this Board on this office. The Clerk presumed to answer that it would automatically become the duty of the parties to nominate someone for the position. After a short discussion about the recommendations of the first class Town Committee's report, concerning policy and appointments of the Board, no action was taken on the Resolution. Mr. Christensen's letter to the Board requesting that they object to a resolution on "The Taxation of Municipally owned Property held for Public Use and Benefit" (that was to be presented to the Constitutional Convention) was placed before the Board again. Due to a slight misunderstanding, action taken on it at the July 6th meeting was inappropriate. Mr. Fulton moved that the Board dirtect letters to: (as recommended by Mr. Christen- sen) Delegates: R. Watson Pomeroy James Matthews H. Clark Bell State Senator: Assemblyman:. ?1 Jay Rolison, Jr. Victor Waryas Willis Stephens Executive Secretary: Mr. Sanford, Association of Towns Executive Director: Mr. C. L. Champlain, County Officer's. Association_ Seconded by Mr. Diehl. Motion unanimously carried. Mr. Lapar had submitted, for the Board's perusal and comments, a revisionof the Highway Specifications. Mr. Bulger suggested the Board meet inexecutive session to discuss this report. Mr. Diehl wished to acknowledge receipt of Mr. Lapar's report with .thanks, for his extensive work. Mr. Diehl - mentioning a request he had made for a traffic survey on •intersections of Route 9D and Old Hopewell Road; and All Angels Road, Rte. 376 - New Hackensack intersection - observed there had been no word forthcoming from the State as yet. He felt that some. type of an answer should be received from them. The Clerk was instructed to follow this up with a letter to the N.Y. State Traffic Commission. Polling Places - Mr. Bulger recommended that the Board designate the same Polling Places for the Town of Wappinger with one new change, Districts #4 & #II be removed from the present location of Evans School and be relocated to the Masonic Lodge Build- ing on Myers Corners Road. Mr. Bulger moved the following Public Places be adopted as Polling Places for the Town: DISTRICT # POLLING PLACE 1 Mesier Park (Police Station) DISTRICT # POLLING PLACE 2 Town Hall 3 Garner Engine House 4 -Masonic Lodge Building 5 Ketcham High School 6 New Hackensack Fire House 7 New Hackensack Fire House • 8 Ketcham High School 9 Mt. Hope Grange 10 Mt.. Hope Grange 11 Masonic Building 12 Hughsonvi1le Fire House 13 Highsonville Fire House 14 Chelsea School House (Across from Chelsea Fire House) Seconded by Mr. Diehl. Motion unanimously Carried. Mr. Diehl — in regard to the Towns present Zoning Laws and Regulations — he first said he didn't feel that these laws and regulations are weak in any way or will hurt the Town in any legal test in the courts, but continued to point out that they are hard to read for the average person and hard to understand. At this time he feels the Board should go about in a way to correct and revise, or completely rewrite, to prevent any confusing statements, to protect the Town in enforcing a concise set of laws and clearly define the thing for the "every day business man" involved in any specific situation. He referred to a book "Zoning and Law Practices in N.Y. State" which is clearly stated in everyday language and a good book to follow. It was his feeling that the Board now act to get into correcting and revising the Towns present Zoning Laws with the cooperation of the Planning Board, Zoning Board and the Building Inspector. Mr. Fulton commented that there were ati'-eady Planning Consultants working for the Town.- Mr. Diehl countering that their contract does not call for any re—writing, and didn't like the thoughts of them coming up with a "pattern", it should be worked out locally with the help of the Planning and Zoning Board and the Building Inspector. Mr. Fulton pointed out that the Town Board had made allowance in the Budget for something of this type. If this is the intention of the Board Mr. Diehl would agree. Mr. Bulger suggested, as he felt the Board agreed that there are areas in the Town's Zoning Ordinance that are difficult to interpret, and as Mr. Diehl's suggestion was good wou°kd ,Nel like to serve as a committee to pursue this area and come back with some recommendations? Mr. Fulton appointed Mr. Diehl and himself as a committee to pursue this protect. 1 . Fulton asked the Board's authorization to use a name stamp for the signing of the Town's checks. Mr. Diehl moved that Mr. Fulton be authorized to use a signature stamp to sign checks. Seconded by Mr. Clausen. Motion Unanimously Carried. Mr. Fulton asked the Board to act, for economic reasons, to serve notice to terminate the Town,'s contract with. E.C.C. on the operating the Rockingham Sewer District. LThe contract stipulates a 90 day termination clause for either party). His reasoning was that he would, in the future, like to appoint Adler -Brenner Associates as consultants to the Board, thereby permitting the Board to avail themselves of the services of Mr,. Gutmann who would work under the Adler - Brenner License. (Mr. Gutmann, is qualified to get his operator's permit, but has to work under a licensed Engineer). Mr. Fulton move() that, for economic reasons, notice be served on E.C.C. to ter- minate their contract with the Town as operators of the Rockingham Farms Sewer District. Seconded by Mr. Diehl. Motion Unanimously Carried. Mr. Fulton gave a brief report on the progress of the Sanitary Landfill. He con- firmed the news article about using the county property on Route 376, opposite the airport, and mentioned that the prospects were favorable. The committee will sub- mit to the county what portion of the property they would like to negotiate for, and Mr. Petrovits has been asked to draw out what he thinks is an area that is feasible for this project. It appears to be something like 60 to 70 acres that could be servicable. ( The county Attorney also sounded hopeful that this could be worked out). The County Engineer and the Health Dept. have been asked to give a report. It also has been referred to the Airport committee and Board of Supervisors. Mr. Fulton then brought up the Town's inheritance of old Route 9 - and thought it might be wise if the Board would ask the State if they would consider Blacktopping it before it was turned over to the Town. Mr. Bulger moved that a letter be directed to the State asking if they would con- sider the whole portions of Route 9 being turned over to the Town. Seconded by Mr. Diehl. Motion Unanimously Carried. (Mr. Lapar was requested to holp the Clerk draft this letter setting up discuss- ions, etc.) Mr. Fulton asked Mr. Leper where the Town stood on getting into the Oakwood Knolls Sewer Plant. Mr. Lapar reported that about three months ago he, Mr. Knud Clausen and several other men had looked over the situation and as a consequence he had written Mr. Quinn inquiring about obtaining an easement into the property.- (to which he had had no reply)- about a week ago he brought a deed up to Mr. Quinn asking for an interpretation as to whether this sewer easement could be used as access into the plant. His conclusion, in fact, was after talking to several Sanitation Operators, that in order to get into the plant it appeared necessary to build o road on}this easement. It was decided that Mr. Fulton contact Mr. Ounn ����'� and get the easement problem settled with expediency. Mr. Bulger brought up a discussion the Board had had with members of the Recreation Commission before the meeting, first, mentioning that one of the problems was in relation to the use of contractors- the solution to this - one was that there was only one in the area who hos the equipment. The second is some misunderstanding between the commission and the Town Engineer. Mr. Bulger stated that Mr. Lapar wished for the record, a resolution from the Board requesting that he work with the Recreation Commission, he will do so. He will aid them in overcoming the prob- lems they have had and also will aid them in laying out their earth moving plans for the next year in accordance with the Budget, all the legal requirements that are necessary to be met in that regard. Mr. Bulger moved that Mr. Leper be requested to aid the Recreation Commission in their earth moving problems and in the preparation of their budget on that subject. Seconded by Mr. Diehl. Motion Unanimously Carried. Mr. Bulger had received a proposal for mosquito control from the Valley Insect Control. He summarized the proposal by pointing out the vital information that they have two types of mochines.ovai|ob|e - they would sprop all the natural breeding places in the Town- to control mosquitoes - they estimate that to spray the main breeding area in the Town would take from 4 to 7 days - depending on weather cond- itions - their rates for the mister type machine are $255.O0 for 8 hour day - for hydraulic type machine - $225.00 per 8 hour day. After m short discussion on the pros and cons of trying to buy surplus Government spray equipment, and relative costs, Mr. Clausen concluded the conversation by accepting with thanks, on the Board's behalf, the report from Judge Bulger. Motion to adjourn the meeting mode by Mr. Diehl. Seconded by Mr. Bulger and Unanimously Carried. Meeting adjourned at 11:29 P.M.. [L`uoL�� Elaine H. Snowden, Town Clerk To ph H. Fulton Town of Wapp i nger WARRANT , Supervisor , County of Dutchess , New York. The following claims, having been presented to the Town Board of the Town of app1ng.!:............. ____________ and duly audited and allowed at a meeting thereof held on the 3 day of August , 19..16L, 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 518 !fill Enterprises 519 " 520* Rudolph E. Lapar 521 Elaine H. Snowden to AMOUNT FUND OR ALLOWED ACCOUNT '• '6,480. \4,047. \750. •'16. T.C. - "C" OTHER INFORMATION Rec.- Marler Mem. Park Bldg. « « « T.B.*Serv. of Engineer 522 Assoc. Hosp. Serv. of N.Y, x'131. 523 Custom Cleaning Con trac tons 05. 524 Merin Midland Na t I .Bank \225. 525 Dept. of Water Supply N12.2 526 Vincx's Oil Sery. \452 7. 527 New York Telephone Co. N, 203.9C 528 Central Hudson G.&E. N4129.8 529 Chief Electronics Icn,. 1.32.8 14 N. Bridge St., Pok. 1nos. H. Huhn 53° RD I, Ashville, N.Y. 21.85. \' 2©.oa 531 The Campbell Press 532* Quinn d Reilly 533 534 Williamson Law Book Co 2011 Main St.E; Rochester Olivetti Underwood Corp. 535 1 Park Ave., N.Y.,, N.Y. S O Highland Hosp i to l Beacon. N.Y. 537 A.C.Gibson Co., Inc. 70 Oak St., Buffalsd,N.Y. 538 Burroughs Corp.Todd Div. PO Box 910,Rochester,N.Y. xerox corp. PO Box 2487,N.Y.,N.Y. 540 Verner Christensen v J500.Cta v 700.0►) "44.41 \27,) 5.00 13.03 V 278 OS \123.15 1 VA10.sp T.8. -Ins. 'D" T.B.-T.H. T.B. TH "r1" T.B. TH "V" T.B.' TH. 'D" T.B.T.H.-" T.B..T.H. 'D E' T.B.- E lec t ions "C" T.8.-Printl&nAdvtg. All Depts. T.B.-Exp. elf Atty & Lig. fees .1 of P. 0 M « Superyi sor T.Clerk "C Assessor "C « In Witness Whereof, I have hereunto set my hand and the Seal of the Town of aliPping.er this 3r4 day August , 1967 x.,Ua.9, Town Clerk Yom+. [SEAL] WARRANT To Wapping Joseph H. Fulton , Supervisor P2 Town of Wepp_inger , County of Dutchess , New York. The following claims, having been presented to the Town Board of the Town of and duly audited and allowed at a meeting thereof held on the Wappinger 3rd day of Augus t , 1967 , 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. 541 542 543 44 545 546 547 548 549 550 551 552 553 554 555 NAME OF CLAIMANT AMOUNT FUND OR ALLOWED ACCOUNT Edward TIIII�SiM„IIT,. Co. 399 Gold St.,Broklyn,N.Y. McCombs Stationary 279 Main St.Pok Eggleston Office Equip. 41 New Market St., Poi'. Exce 1 s i or-Beacaon Corp. 382 Mein St., Beacon (Verner Christensen IWI11iam J. Bulger t "4129 !Martin Leskow x,122 Sloper-Wi l len Omna. Amtw1 1,125 107.51 \v55.t x-77 OTHER INFORMATION \, J of P "C" $98.50 ; B.I.-"C" $3.00 Assessors "C" 36.00 Assessor 'C"$24.10; T.B.-TH "E"19.85 J of P "C"' $1 .2ity �. Assessor "2" 51.76; B.I."C" 523.10 T.B.Purch 3f Furn $435; T.B.Ha11 �#t.8 Public Saftty-Examining Bd.Civis Def.Purp. v152 Joseph Gutmann Joseph E. Ludewig 'David Kelley Pye Land. RD6, W.F. Beatrice W. Balyer ID 6, Hopewell RA., WF. Imo. Mit Rt. 376, WF. 1.4. oroo ser Le. 105 Dutchess Trnpk.,Pok orlgnton suet Co. Rouse 52, Hopewell Jet. 1117121:8:1:::::. athan J. Hoose b Son 556 300 Rtd 52,E, Fishkill, 557 Dave Alexander im noimqu i s i. croHoy t� 558 Smith,411 242 Lewis Rd. 1 559 560 561 562 563 Susan Baker;Myers Co.Rd. Ilde John B i asot t i 63 Brothers Rd,,WF. 'Doug Summers 26 Channingvitle Rd.,WF. biii aieinnaus 99 Brothers Rd., W.F. William F. Myers I \r36 702 Misc. - Exa. Assoc. of Towns " 4 " Misc. Ambull Ser. 51.000 Reserv.E. 5125.00 Bldg. Ins116 "C' 58.51 N.WM 7 65.1 7 9e0«co 7 3!.ci0 7300. 400. I 42 364 7 23.45 wA" w " Rec. "B" Roc, "E" Youth "A" " 513.55 Urn. Issed $13.55 In Witness Whereof, I have hereunto set my hand and the Seal of the Town of WePP i nger this 3rd day of August , 19 67 Town Clerk [SEAL] WARRANT To Josef i_.H.._ Nilson , Supervisor Town of W*pp i nger Wepp i roger County of Dutchess , 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 3rd day of Augbs t , 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 NAME OF CLAIMANT I AMOUNT FUND OR No. ALLOWED ACCOUNT 564 Dogwood Hill Rd. %' 36.00 Youth "A" Robert Newhall 565 > 12_.01: Susan Baker 566 Myers Cor. Rd. 7 4.7"' Youth "B" 567 1/merest met. Mb[erlels 122 Main St., Henpstead,N,,Y.j 137 70 " » Hicks & Feeney Inc. 568 Upton Lake,Clinton Cor,N. .7 600 00 " " George H. Sch l e thews 569 Myers Cor. Rd.,WF. 1 2.6( « " Jim Griesemer OTHER INFORMATION --Tne I'ns i ces^� cfoi�oger Higgins 570 South Ave, W.F. 150.01 "Shades of Blue" c/'o Dean 571 VendeCarr;Spools HI l l Rd. I ? 50.0J " Alexander Equip. Int. L CF. New Heck Rd., F. 604.00 " uen l e l t. Memel e 6 CO. 573 Albany Post Rd., ColdSpri 7 900.(10 r & & .7u.,,,•11;061 6, ,.c.rl 574 Montfort Rd., W.F. 1 7 654.1#0 "X 'Poughkeepsie Asphalt, Incl 575 Sheefe Rd., W.F. 992. 5 " I Circle Send 6 Gravel, Inco 7 576 Sheafe Rd., W.F. 202.0 577 Icentral Hudson 6 6 E. D.Sa, GO 1. 3 7 PO Box 312, Pok. , 256. Rockingham 578 IE.C.C. Inc. I, 613. I " Sever Dist. 579 " " M 300. Oakwood Sewer b Water 580 Shaker Travis b Qu i nn E. Main St., W.F. - 4 « Poughkeepsie Newspaper 581 Mem Sq., LPok. > 37. " water r i yg s, torp. 582* Amelia Pl, Ste uford,17.c n. 1 l 225.c 0 " Sewer C44.6 a1 i ye110K1 v.e C. 583 PO Box 312, Pok. 1 - 330.14 0adsw©od Knol l s " " » Axton Cross Co. 584 PO Box 71, Shelton, Cann. j 418. 5 I as,ai3 7V • " " In Witness Whereof, I have hereunto set my hand and the Seal of the Town of__.Wepp.inger this 3rd day of August , 19 67 Town Clerk [SEAL]