1967-06-15 RGM (adj)t "e.
AGENDA -- TOWN BOARD
Adjourned Meeting
JUNE 15, 1967
1. Meeting called to order
2. Roll Call
3. Accept minutes of May 4, 1967 Regular meeting
ex-ti,t...a....1A.,-, dAA-14-1 T-0-1 ,, 0 •
1 4
4. Approve voucher for Stamp Machine ^1/4, ve fo
Appointment.of Election Inspectors CADLL4-1
r.... L,..,„„,,_ ..., _ ..,..._,.„ .,... ,
' , ,- ,
...,,, ,1 -4 r fy,.. -.4,.1 c A.
'4"F --,-.--,,,....k. ' -
. CORRESPONDENCE
a. Opinion from H. Reilly
b. Beacon Cable Corp./
c. Rudolph Lapar -- Re: Oakwood Sewage Plant
6. PETITIONS
Tall Trees Re: Roads
Manor Re: Telephone
CD
7. RESOLUTIONS
CATV
Highway
40 40
Dog,Warden//
Co
8. UNFINISHED BUSINESS
Fulton: 1. Policy for billing for Rockingham and Oakwood Water
and Sewer
2. Oakwood: action to be taken on previous,interest
Charges - waive or enforce
9. NEW BUSINESS
Fulton: General Policy on acceptance of Recreation Land by Board
Mosquito Control: Town purchase own Equipment
10. MISCELLANEOUS
3 Year Road Program
11. ADJOURNMENT
c)
Fulton:
Francese:i?
Clausen:
Bulger:
Diehl:
#0,
595
The Adjourned Meeting of the Town Board of the Town of Wappinger, was held on
Thursday evening, June 15, 1967, at the Town Hall, Mill Street, Wappingers Falls,
New York.
Present: (answering roll call)
Joseph H. Fulton, Supervisor
William Bulger, Justice of the Peace
Vincent Francese, Justice of the Peace
Absent: none
Also present:
Knud Clausen, Superintendent of Highways
Ruddlph Lapar, Town Engineer .
Joseph Quinn, Attorney to the Town
Louis Diehl, Councilman
Louis Clausen, Councilman
Elaine H. Snowden, Town Clerk
Supervisor Joseph Fulton called the meeting to order at 8:15 P.M.
The minutes of the regular meeting of May 4, 1967 were accepted on motion of Mr.
Francese.. Seconded by Mr. Diehl. Unanimously Carried.
Mr. Diehl made a motion to approve bills (252.05) subject to audit. Seconded by
Mr. Bulger. Unamimousiy Carried.
Recommendations for Election Inspectors were received from Jay P. Rolison, Jr.,
Dutchess County Republican Chairman and George E. Whalen, Dutchess County Democratic
Chairman; in compliance with Section 314, Article 12, Subdiv. 1, N.Y. State Election
Law.
Mr. Clausen made a motion to appoint the following Election Inspectors to serve for
a one year term commencing July 15, 1967:
District #
1
2
3
4
Name Address
Viola Brown 10 Spring 'street
Catherine De Ronde 7 Trabucco Place
Charles Grosenbeck 1 Dutchess Ave.
Ruth Ciarfella 4 Pelham Ave.
Harold Myers
Joan Yeaple
93 South Ave.
6 Carmine Drive
Dorothy,Mi1ler Pattie PI. (Oakwood)
Janice Stafford Robert Lane (Oakwood)
5 Bernice Mills 7 Brian PI. (Wildwood)
Jennie Olsen 10 Russ PI. (Wildwood)
6. Beatrice Helmeyer Diddell Rd.
Jean Schmidt . Djddell Rd.
7
Marilyn Heady Myers Corners Rd.
Marjorie Steele Route #376
8 Marion Siudzinski Femnore Dr.
Emma Fisher Kent Rd.
9
10
Johanna Rinck All Angels Rd.
Mary Kelley Pye Lane
Beatrice Roe
June Schnorr
Dagney Morley
Imelda Evans
De Garmo Hills Rd.
De Garmo Hills Rd,
Cedar Hill Rd.
Van Voorhis Terrace
596
District # Name
12
13
14
Emma Gildersleeve
Mary Conte
Vera Hamilton
Jean Relyea
Elizabeth Hammond
Mary Price
Alternate Inspectors:
Joan Clay and Florence Bisulk
Democratic Election Inspectors:
1
2
3
4
5
6
7
8
9
10
II
12
13
14
Patricia Dugan
Eileen Welt
Alma Berinato
Rose Fitzpatrick
Margaret Fredericks
Mary. Sidote
MaureenPorter,
Melva Laffin
Roberta Wood
Lorraine Ciccone
Pauline Egan
Adelaide Corbin
Hattie Hannigan
Pauline Brannen
Edith Barbara
Eileen Fay
Mary Egan
Almeida Kupris
June Scalzo
Sylvia Gorin
Albina Medio
Paul Franzoni
Joan Boyce
Catherine Loop
Norma Clark
Helen Tompkins
Eileen Farrel I
Cornelia Greer
Address,
Ketchamtown Rd.
Cameli Drive
Old Troy Rd.
Hughsonville, N.Y.
Chelsea, N.Y.
Chelsea, N.Y.
38 Liss Rd.
7 Park Ave.
11 Prospect St.
11 Clapp Ave.
53 Remsen Ave.
I Adams St.
51 Robert Lane
Widmer Rd.
8 Daisy Lane
6 Daisy Lane
Diddeli Rd.
Diddeli Rd.
Myers Corners Rd.
Rte. 376
93 Ardmore Dr.
1 FetimoreDr.
4 Brothers Rd.
Myers Corners Rd.
Pine Ridge Dr., Hope.Jct.
13 Liss Rd.
Pine Ridge Dr., Hope. Jct.
Rosewood Dr.
2 Ronsue Dr.
Hughsonville
Hughsonville
Hughsonville
Chelsea
Chelsea
Seconded by Mr. Bulger. Unanimously Carried.
An opinion letter was received from Harold Reilly regarding the duties and lim—
itations of the Dog Warden. Supervisor Fulton mrdered it received and placed on
file.
The Clerk read the following correspondence:
Joseph Quinn, Jr., Esq.
44 Cannon St.
Poughkeepsie, N.Y.
June 7, 1967
Dear Mr. Vuinn:
Since a decision on a CATV contract for the Town of Wappinger is expected shortly,
I would like to sum up the things that have been done.
We feel that Beacon Cable has:
1. Presented to the Town of Wappinger the finest CATV proposal possible.
2. Placed a sizable cash bond with the Town to guarantee that we wi | |
enter into the necessary agreements to fu|f6|1 this proposal.
3. Completed engineering for the Town of Wappinger`s system with two choices
of head end location to insure an immediate start.
4. Placed a $80^000 cash bond with New York Telephone Company which is
committed 100% to construction within the Town of Wappinger to insure as
rapid construction as possible in all areas of the Town.
5. Ably demonstrated in Beacon and Fishkill our ability to be successful in
such a venture in Wappinger.
6. Indicated that we have financial resources adequate to support our
operation until it becomes a successful business.
7. Indicated a willingness to work wilh the Town Board and to respect their
decisions on problems relating to permits and zoning.
8. Examined the proposed CATV agreement and found it completely acceptable
to us. We would further agree to any modification of this contract in
line with our written proposal.
We, therefore, respectfully request that the Town of Wappinger enter into such an
agreement with Beacon Cable Corporation to provide CATV service to the Town.
We solicit your support based on our proposal and past performance.
Yours truly,
Harry C. Calhoun, General Manager
BEACON CABLE CORPORATION
HCC/bo
(Mr. Quinn's reply)
Beacon Cable Corp.
P.O. Box 231
Beacon, New York 12508
June 13' 1967
Re: Application of Beacon
Cable Corp. to provide CATV
service in the Town of Wappinger
This is to acknowledge receipt of your letter directed to this writer under
date of June 7, 1967 with regard to the above captioned matter.
Kindly be advised that this firm serves as counsel to the Town of Wappinger
and its officials and agencies. It is neither the duty nor the prerogative of
counsel to pass upon applications such as yours in the first instance. For that
reason, copies of your letter have been forwarded to appropriate municipal officials
for consideration.
Very truly yours,
Joseph D. Quinn, Jr.
jDO/e|
CC: Town Board, Town of Wappinger: Hon. J.H. Fulton, Supervisor
Mr. Robert L'Archevesque
Mr. Bulger submitted the following letter for reading:
June 14, 1967
^^p
Justice of Peace William Bulger
45 DeGarmo Hills Rd.
Wappingers Falls, New York
Dear Justice of Peace Bulger:
1:
The proposed contract for furnishing CATV Service to the Town of Wappinger provides
that the contract shall not be considered exclusive and gives the Town the right to
enter into a similar agreement with another firm or person.
It becomes exclusive because of the nature of the CATV business and the necessary
arrangements with New York Telephone Company unless another permit or contract is
issued simultaneously. Any delay in awarding a second permit or contract in effect
prohibits the second .permittee from moving into any area designated by the original
permittee as being desired by him.
May I request that you intoduce and/or support legislation providing for the Town
or Wappinger to enter into two contracts simultaneously rather than at different
times and that Beacon Cable Corporation be granted one of the contracts.
Yours truly,
Harry C. Calhoun, General Manager
BEACON CABLE CORPORAT I.ON
HCC/mm
Discussion followed on the technicalities and servicability of additional cable TV,
Companies servicing the Town. A question of the practicability of more than one
company arose, and the Board concluded that the wisest thing to do would be to hold
an executive discussion, to formulate some type of policy regarding future Cable
TV requests.
. . , n. 1 4 ,.} _. _. r3 0
The following memo was read by the Clerk:
MEMO TO: Town Board, Town of Wappinger
FROM: Rudolph E. Lapar, Engineer to the Town
DATE: June 13, 1967
SUBJECT: Oakwood Knolls Sewage Treatment Plant
nc . .
Ij
Gentlemen:
On Saturday, June 10, 1967, I received a phone call from Mr. Herb Arndt,
President of the Oakwood Knolls Civic Association. He has received complaints from
the residents, directly adjacent to the sewage treatment plant, about odors. I,
therefore, suggest that until such time as the improvements to the plant are under-
taken, a periodic pumping of the various tanks by a contractor in the business of
cleaning septic tanks be initiated.
REL:sjp
CC: E.C.C.
Herb Arndt
Discussion was held on this report - specifically, as to the extent of the necessity,
origin, of odor, access to the plant, and approximate cost.
At this point, Mr. Fulton requested a summary of the progress of the acquisition
of the two Oakwood Plants.
Mr. Quinn briefly stated there were no great problems with the sewer plant, ex-
cept that it is coincidentally involved with the acquisition of the water plant.
The Town has presently pending an application to Public Service Commission for the
acquisition of the Water Plant. But before Public Service will give consent they
must have a favorable recommendation from the Water Resources Commission. The
Water Resources Commission held a Public Hearing in the Town Hall (Wappingers Falls)
June 13th, He concluded that within a month a decision should be forthcoming from
Public Service.
5 9r•g
Rules were suspended to permit a comment from Mr. Arndt on access to the sewer plant.
Rules were resumed.
Mr. Bulger moved that the Board follow the advice of the Engineer to the Town and
empower him to take the necessary steps to get the tank pumped out,-- that is ment-
ioned in his communication to the Board to resolve this odor problem. Seconded
by Mr. Francese. Unanimously Carried.
The following letter was read by the Clerk:
June 15, 1967
The Town Board of Wappingers Falls
Town Hall
Wappingers Falls, N.Y.
Gentlemen:
The SkyView Development Corporation, developers of Wildwood Forest, are request-
ing here if they may proceed with their maintenance and completion program at Wild -
wood Forest.
I am sure that fou are all aware that there have been numerous meetings betweenthe
Highway Superintendent and ourselves with other members of the Town representatives
present. There is an old slogan which I wish to quote, "Actions speak louder than
words". The only action taken to improve this situation was halted at the suggest-
ion of Mr. Knud Clausen, Highway Superintendent.
We would like to reactivate our maintenance program and complete the roads as we hbve
agreed. There is only one obstacle which has prevented us from meeting the demands
of the Highway Superintendent, ie: simply his demand that the entire road be resur-
faced with the finish coat for the third time. We agree to regrade the road where
necessary and resurface where necessary for the third time, wimply because late last
fall the Highway Superintendent refused to take the roads over unless the concrete
monuments were in place. -
We are sure that you all realize that this last winter caused the Town of Wappingers
new roads to completely deteriorate and the weather also took its toll on County and
State roads. We would like to complete the roads before July 1, 1967. If this is
satisfactory to the Board as well as the Highway Superintendent I respectfully req-
uest a letter with reference to the above so that we can commence work.
In closing let -me drqw the attention 6f your honorable body to the fact that some of
the residents of Wildwood Forest have wilfully clustered wheelbarrows of stone in the
natural streambed that we have used in the development of Wildwood Forest. The High*
way Superintendent can also confirm that boulders as Targe as 3 cubic feet and weigh-
ing up to 300 pounds have been place in the culvert pipes to restrict the flow of
water. The result of last weeks storm -damage in Wildwood Section 2 is in direct
relation to the wilfull and malicious acts of some of the residents of Witdwood Forest.
Before we commence our work I request a visit by all members of the Town Board to view
first hand the obstructions we have mentioned.
Respectfully submitted,
SKYVIEW DEVELOPMENT CORP.
Fred J. Lafko, Pres.
Dave Alexander, Vice.Pres.
Discussion on this deferred until later in the meeting.
New York Telephone Rrittes:
Mrs. Mary Schmalz and Mrs. Lucille Cohen were present to discuss with the Board their
projects of attempting to have the telephone base rates in the New Hackensack area
reduced.
Mrs. Schmalz read the following petition that they propose to get signed:
We, the undersigned, after careful study and investigation based on subscriber
dissatisfaction with. the present zone'Structure of the New York Telephone Company
within the Town of Wappinger, Dutchess County, New York hereby petition Town Board
6
for the expansion of the present base rate area to include the following boundaries
of the Town of Wappinger starting at Spook Hill Road and Myers Corners east to
Route 376, southwest to Hopewell Road, west to Spook Hill Road, north to Myers
Corners Road.
We are also opposed to the extended c alling area (at increased rates) unless
the base rate area is expanded.
Mrs. Cohen, Chairman of the study on Telephone rates, (sponsored by the Edgehill
Manor Covic Association), first showed the Board a small roll of copper wirecand
then enlarged by saying that because of a similar little piece of wire like this we
are charged $39.00 a year plus tax over the base rate for the rest of our lives as
things now stand.
For this reason we are here to take positive action against the New York
Telephone Company. Mrs. Kearny, Mrs. Schmalz and I have discussed expanding the base
rate with Mr. McMullen of the New York Telephone Co.. He has given no logical reason
for their refusal to change our rates.
Base rate is $5.25
Zone A is $6.50 plus tax
Zone B i s $8.50 plus tax
As you know we are being penalized by paying $3.25 plus 330 tax for this
mileage every month. For the $39.00 plus tax we pay extra each year, we received no
additional services. Their operational cost as far as switching equipment is the
same whether we pay $5.25 or $8.50.
The check of population figures shows 3 to 1 majority of the people living in
the town bersus the village which is primarily the base rate area. With the growth
rtow taking place in the town, these figures will grow even more dis—proportionate.
This is the problem we, face, end, we are open for suggestions on ,;how best ,to
alleviate this situation.
Thank you for giving this vital issue . your prompt consideration as this is a
matter that affects every resident in the town.
Mr. Fulton said he felt it was a duty of the Board to take an active interest in
this situation. He himself had contacted Mr. McMullen from the Telephone Company,
asking him if he would be will ing to speak to the Board on changing the base rate.
Mr. McMullen had been receptive to discussion. He then asked Mr. Quinn what legal
steps the Board should take.
Mr. Quinn suggested that what the Board could do tonight would be to authorize
counsel to seek leave to intervene in rate making proceedings presently pending
before the Public Service Commission, then counsel and the Supervisor could appear
before the Commission before the rate making proceedings.
Mr. Fulton proposed a simple resolution supporting the petition and the petitioners
601.
in their seeking a review of modificettion of the present rate structure, as outlined
in their petitions, and further, that the Town Board authorize the Attorney to the
Town and the Supervisor to intervene in negotiations or rate proceedings with the
Public Service Commission, and, the Town Board would request these negotiotion meet—
ings with Mr. McMullen's people, as well as the intervention proceedings, on a
parallel basis.
Seconded by Mr. Pulger. Unanimously Carried.
Beechwood Circle —
Mr. Fulton brought out that the Beechwood Circle Road situation was left at the last
session of this Board meeting that, on recommendation of the Highway Superintendent,
if work had not started and was being carried out with dispatch there by Tuesday,
June 13th or Wednesday, June 14th, that at tonights meeting the Board would take action
to pull the Bond. He believed that there were problems, and asked the Highway Super—
intendent to remark.
Mr. Knud Clausen said the Contractor had started yesterday, but there were some people
out there demanding that grading sticks be placed before grading continued. When the
contractor ran into this trouble he pulled his machinery out. The engineer promised
him that grading sticks would be in Saturdayiand the contractor would then come in
again.on Monday.. Mr. Knud Clausen felt that it was the peoples fault that the con—
tractor hadn't continued the road, and the Board should take no further action tonight.
Mr. Fulton. told Mr. Knud Clausen that if at any time he felt that the conditions that
were discussed by the Board weren't to his satisfaction call him and he'll call a
Board meeting within the two day period and act according to his recommendation.
Rules were suspended,to-permit Mr. Heydman'.to airy his views about. the Beechwood Circle
Road, — the actual right of way — drainage, and lack of surveying.— he asked if Mr.
Williams.was acting in .good faith, putting in this'road? Putting' it in the logical
sequence that he should?
Mr. Peter Fritz wished to make one point. He mentioned that at the last Board meeting
he brought up that the spur Road off Beechwood Circle was not properly surveyed, it
still wasn't and yet they had started to grade it. .He also felt there hadn't been
enough thought as to drainage.
Mr. Heydman requested, that Beechwood: Circle be placed on the ggenda for. the July 6th
meeting.
Rules resumed.
Tali Trees --
Mr. John Salamy, representative of Tall -Trees residents first passed some pictures
of Amherst taken Easter Sunday, and Monday night after the rainstorm and presented
the Board with -a petition, signed-by,r.esidents.of Tail Trees Development, stating "
If Amherst Lane -:is not either under construction: by June 15 or finished with Storm
6 tit
sewers, oil and chips by July 15, the Town should stop all negotiations with the
developer and proceed as fast as possible to call in the performance bond covering
Amherst Lane. He asked the Board to take action on this tonight.
Mr. Fulton commented that the pictures shown presented a fair evaluation of the
conditions of the road. He then looked to Mr. Knud Clausen for a recommendtton.
and
Mr. Knud Clausen said he knew the circumstances up there/has been active in trying
to jet the roads in passable condition. He added that if that road has not start—
ed to come under construction he won't recommend any C.O.'s be issued for the
remaining houses on Amherst Lane. What he would like to do would be look it over
with the Engineer and check the amount of drainage to be done, and evaluate the
amount of work to be done and compare the cost against the Bond amount.
Mr. Fulton felt a decision had to be made — consistent with and similar to the one
made on Beechwood Circle — set a date then close out on that date and act.
Mr. Knud Clausen asked — if the Town pulls the Bond on the roads, and there are
still unfinished houses on the road, where does he stand, (with regard to the
Mr. Clausen asked Mr. Quinn for an opinion.
Mr. Quinn said that his opinion letter last week effectively answered Mr. Knud
Clausen. The Building Inspector and Superintendent of Highwayshad been using
Section 280 A of the Town Law for the last 6 months down in Tall Trees effect—
ively. Also, included in the statute is relief for the developer, in that he can
plead hardship before the Zoning Board of Appeals to ask for permits or C.O.'s.
Mr. Er.ac cese made a suggestion that'ctte.Highway Superintendent be requested to
bring forth'aarecdrfmerodation at the July 6th meeting, as to what he would rec—
ommend the Town Board to do at that time.
Mr. Fulton asked if the Board couldn't set limits on this road tonight.
Mr. Knud Clausen's recommendation was that he would instruct the developer of Tall
Trees to start the drainage and the road by June 26th — and that the Developer
proceed, to his satisfaction, and: expect that two coats .of:,o i l and chip and
drainage be in by August 1st, (1967). If they don't start by June 26th he will re—
commend to pull the Bond.
Mr. Fulton added a note to the recommendation that if at any time during this
period, the Job is not being carried out with dispatch, a Special Meeting will be
called, and the Board can act as it chooses.
Mr. Diehl moved that if the developer of Tall Trees, Section 11 doesn't start
work on the roads by June 26th (1967) the Town Board will pull the Bond. -
Seconded by Mr. Bulger. Unanimously Carried.
Rules were suspended to allow Mr. Schouter, Ketchamtown Road, discussion with the
Board. He reminded the Board that he had given the Town some property to fix a
����.
~
bad curve in front of his house last year, and it hadn't been taken care of yet -
what he wanted to know was how much time should be allowed the Town to do work.
Mr. Knud Clausen said he hadn't had the time or equipment to take care of the Job
yet, but would get to it as soon as possible.
Rules were resumed.
The following resolution was offered by Mr. Fulton:
RESOLUTION, TOWN BOARD, TOWN OF WAPPINGER, DUTCHESS
COUNTY, NEW YORK, GRANTING THE APPLICATION OF
HIGHWAY DISPLAYS, INC.FOR A PERMIT TO USE THE
STREETS, HIGHWAYS AND PUBLIC PLACES OF THE TOWN OF
WAPPINGER FOR INSTALLATION AND OPERATION OF A
[DNVWUNlTY ANTENNA TELEVISION SYSTEM AND AUTHORIZING
THE TOWN SUPERVISOR TO JOIN IN THE EXECUTION OF AN
AGREEMENT RELATING TO SUCH PERMIT.
WHEREAS, Highway Displays, Inc. has herelofons 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 Fn||s' for the purpose of
insta||ing^ operating and maintaining o community antenna television system to furn-
ish television service to the residents of the Town by means of a master antenna
cable system, and
WHEREAS* this Town Board has heretofore authorized the 6upwrvisor, with the
assistance of counsel, to negotiate an agreement with said applicant relating to the
terms and conditions upon which the'aubject permit might be granted, and
WHEREAS, o resolution was duly adopted by this Town Board on May 4, 1967
directing that o public hearing be held by this Town Board on May 25, 1967, at 8:00
P.M., E.D.S.T.' on such day, at the Town Hall, Mill Street, in the Village of Wapp-
ingers Falls, Town of Wappinger, Dutchets County, New York for the purpose of consid-
ering the aforesaid application and the agreement negotiated by the Supervisor of this
Town and prepared by counsel to the Town in connection therewith, and
WHEREAS, dur notice of siid public hearing was given pursuant to the req-
uirements of section 84(7)'of the Town Law and said public hearing was duly held at
the time and place aforesaid, and
WHEREAS, it appears to be in the public interest to grant the aforesaid
application and to issue the aforesaid permit to Highway Displays, Inc.
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger
as follows:
1. That the Town Board of the Town 6f Wappinger does hereby grant to High-
way Displays, Inc. to permit to use thestreets,, 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 installing, operating and maintaining
� ^
a community antenna television system to furnish television service to residents of
6 0 4'
the Town by means of m master antenna cable system » subject to the terms, cond—
itions and provisions of the agreement hereinafter referred to.
2. That the terms, conditions and provisions of the written agreement
hereinbefore referred to in this resolution and in the aforementioned notice of
public hearing be and they hereby are in all respects opprcwed° with the exception
that the said terms, conditions and provisions shall be amended, modified and supp—
lemented
.
to cover the following items agreed upon by representatives of the Town
and representatives of the permittee:
(a) The Head—end building and local channel studio
to be used by the permittee shall be located, con—
structed and maintained within the territorial limits
of the Town of Wappinger.
(b) The Head—end device and apparatus which is
to be situate in the Town of Wappinger shall not
be used by the permittee to serve areas
outside of the territorial limits of the Town
of Wappinger without thewritten consent of
the Town Board of the Town of Wappinger.
(c) The permittee shall provide qualified main—
tenance personnel in the Town of Wappinger on
a 24—hour basis to service and repqir any and
o|| defective and/or inoperative equipment,
owned, used and/or leased by it to subscribers
in such Town.
.(d) The monthly residential rate for the first
television or F.M. set shall be reduced from
' the -sum -of $5"0O to the sumof $4°85°
(e) Any provisions ofArticle "FIFTEENTH"
of the attached contract to the contrary not—
.*ithstanding^ the permittee shall be required
to furnish service to any area of the Town
where there is a trunk installed provided that
such area shall have at least twenty—five (25)
subscribers per road mile.
(f) The time -allotted to the permittee to initiate
service of the system in the Town of Wappinger
shall be reduced from twelve (12) months to six
(6) months.
(g) All decisions of the Town Board of the Town of
Wappinger with respect to the occurrence of
radiation and/or leakage in and from the permittoe's
system shall be final and binding upon the permittee,
subject to review by appropriate governmental
regulatory agencies and by the courts.
(h) The schedule of channels set forth in the afore—
said contract may be changed, amended, modified
and supplemented by mutual agreement of the
Town Board and the permittee.
3. 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
����!'
6 - w,
execute, acknowledge and deliver the aforesaid agreement and the aforesaid amendment
thereto for and on behalf of the Town Board of the Town of Itjoppinger.
Seconded by: Louis Diehl
Ayes: 5 Nays: 0
Carried: June 8, 1967
Mr. Diehl asked "although this contract will be offered tonight, could another CATV
company come in?" Mr. Francese pointed out that any company could bring forth a
formal reso|Otion to the Board to hold o public hearing on o contract with them.
The following resolution was offered by Mr. Francese:
BOND RESOLUTION, TOAN8DARD' TOWN OF WAPPINGER,
DUTCHESS COUNTY, NEW YORK ADOPTED JUNE 8, 1907,
AUTHORIZING THE ISSUANCE AND SALE OF SERIAL BONDS
OF SAID TOAN OF WAPP[NGER IN THE PRINCIPAL AMOUNT
OF $55'608~71 TO FINANCE THE PURCHASE AND ACQUIS—
ITION OF ONE (1) ARTICULATED FRONT END LOADER,
TN0 (2) ,FAP DUMP TRUCKS, AND ONE (1) 1967 PLY—
MOUTH SUBURBAN AUTOMOBILE AT A TOTAL O0GT NOT
TO EXCEED THE SUM OF $55,608.71.
WHEREAS, the Town Board of the Town of Wappinger, by resolution duly
adopted on the 9th day of March, 1987v did authorize the Town Superintendent
of Highways of the Town of Wappinger to purchase certain machinery and equip—
ment consisting of an Articulated Front End Loader for highway construction and
maintenance for the maximum price and cost of $28,000.00 less the sum of $B*500°00
trade—in allowance to be made for the surrender of the front end loader presently
owned by the Town of Wappinger for a net price and cost of $20,300.00^ subject
to the approval of the Dutchess County Superintendent of Highways, and providing
that the entire amount of such net cost was to be paid from the proceeds of
obligations to be issued pursuant to the Local Finance Law of the State of New
York, and
WHEREAS, the Town Board of the Town of Wappinger, by rescb|ution adopted
on the 8th of June, 1967' did authorize the Town Superintendent of Highways of
the Town of Wappinger to purchase certain machinery and equipment consisting of
Tnmo'(2) FWD Dump Trucks for highway construction and maintenance for the maximum
price and cost of $18,285.00 each and a total maximum cost of $32,570.00, subject
to the approval of the Dutchess County Superintendent of Highways, and providing
that the entire amount of such cost was to be paid from the proceeds of obligations
to be issued pursuant to the Local Finance Law of the State of New York, and
WHEREAS, the Town Board of the Town of Wappinger, by resolution duly
adopted on the 8th day of June, 1967v did authorize the Town Superintendent of
Highways of the Town of Wappinger to purchase certain machinery and equipment
���
�
6 v���'
consisting of o 1967 Plymouth Suburban Automobile for highway construction and
maintenance for the maximum price and cost of $2,738.71, subject to the approval
of the Dutchess County Superintendent of Highways and providing that the entire
amount of such cost was to be paid from the proceeds of obligations to be issued
pursuant to the Local Finance Law of the State of New York, and
WHEREAS, contracts for the purchase of such machinery and equipment
have been entered intoby the Town Superintendent of Highways and approved by
the Dutchess County Superintendent of Highways, and
WHEREAS, the Town Board of the Town of Wappinger now desires to provide
for the financing of the aforesaid purchases and acquisitions, it Is hereby
RESOLVED, by the Town Bord of the Town of Wappinger, Dutchess County,
New York, as follows:
Section 1. The purchase and acquisition of one (1)
articulated front end loader, two (2) FWD dump trucks and one (|) 1967
Plymouth suburban automobile are hereby authorized. The total estimated max-
imum cost of such equipment is the sum of $55,808.71°
Section 2. The plan for the financing of such purchase and
acquisition consists in the issuance of general obligation serial bonds of said
Town in a priocipo| amount not exceeding the sum of $55,608~71, which bonds in
such amount are hereby authorized, pursuant to the provisions of the Local
Finance Law. Such bonds are to be npyob|e from amounts which shall be levied
annually on all of the taxable real property in said town. Such bonds shall
be of such terms, form and content as the Supervisor of the Town of Wappinger shall
prescribe"
Section 3. It is hereby determined that the purpose for which
such bonds are to be issued falls within Subparagraph 28 of Subdivision a of
Section 11.00 of the Local Finance Low of the State of New York and that the
period of probable usefulness of such purpose is five(5) years~
Section 4. The full faith and credit of said town are hereby
pledged to the payment of the principal of said bonds and the interest thereon
when due.
Section 5. The Supervisor of the Town of Wappinger is hereby
empowered and directed to authorize the issuance of and to issue bond anticip-
ation notes and renewals of any and all of such notes at such times and under such
circumstances as he deems proper and advisable, and to prescribe +hp terms, form
and content thereof, and to execute the some in the name of and on behalf of this
Town and to sell the same at public or at private sale and to deliver the same;
and the full faith and credit of this Town are hereby pledged to the payment of
the principal of and interest on all notes issued R
ursuant to this resolution by
6 0 7
said Supervisor; all in pursuance of and consistent with the provisions of the Lots!
Finance Law of the State of New York.
Section 6. The validity of such bonds hereby authorized may
be contested only if (1) such obligations are authorized to expend money, or (2)
the provisions of law which should be complied with at the dote of publication of
this resolution are not substantially complied with, and on action, suit or pro-
ceeding contesting such validity is commenced within twenty (20) days after the
date of such publication, (3) such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution shall be published in full in the
W. & S. D. News, o newspaper regularly published in the Town of Woppinger, Dutchess
County, New York, together with o notice by the Clerk of this Town in substoMtio||y
the form required by and provided in Section 81.00 of the Local Finance Law of
the State of New York.
Sect|nn R^, This resolution shall take effect immediately.
Seconded by: Mr. Diehl
Ayes: 5 Nays: 0
Carried: June 8, 1967
Mr. Clausen e
Mr. Froncese----Aye
Mr. Bulger Aye
Mr. Diehl Aye
Mr. Fulton Aye
Mr. Frunoese suggested that, as it hos been called to the Board's attention by
Mr. Bulgery he ability to purchase under state contract, that in the future,
whereverrthe Board would have this ability, to go forth in that direction, as it
seems there would probably be a savings of money to the Town.
Recess called at 10:00 P.M.. Meeting called back to order at 10:15 P.M..
POLICY FOR THE BILLING AND COLLECTION OF MONIES
FOR OAKWOOD KNOLLS WATER AND SEWER SERVICES
Moved by Mr. Bulger with amendments
1. All Interest charges incurred prior to July 1, 1967 will be waived.
2. Rates are tentatively t � tivey se | t at $3.50 per month for water service nnd$10.50 per
month for sewer service.
3. Billings will be mailed the 1st of each quarter, end such billings will be on
the 1st of the month for the ensuing quarter.
As is customary when metered charges are not involved, billings will be
in advance.However, the members of the Town Board, in on effort to ease the fin-
ancial burden on the recipients of said services, xvi | | alter the bi | |ing dotes as
Service Period Covered . Bi||ino Date
4/1/67 6/30/67 6/14/67
7/1/67 9/30/67 9/7/67
10/1/67 y2/31/67 11/30/67
1/1/88 3/31/68 2/31/68
4/1/08 6/30/88 5/14/68
7/1/88 9/30/68 8/7/69
10/1/88 12/31/08 11/1/68
1/1/69 3/31/69 2/14/89
4/1/69 6/30/69 5/7/89
7/1/69 9/30/69 7/31/60
Service Period Covered
10/1/69 12/31/69
1/1/70 3/31/70
Billing Date
10/23/69
1/1/70
THEREAFTER BILLINGS WILL BE ON THE IST OF EACH QUARTER FOR THE ENSUING PERIOD.
4. TOWN HALL PERSONNEL WILL REFUSE ANY AND ALL PARTIAL PAYMENTS. PAYMENTS MUST
_ BE MADE IN FULL, ie CHARGES PLUS PENALTIES: IF ANY.
5. FULL PAYMENT IS DUE IN THE HANDS OF TOWN HALL PERSONNEL 15 DAYS FROM DATE OF
BILLING, WITHOUT PENALTY. A 5% PENALTY WILL BE IMPOSED ON PAYMENTS MADE 30
DAYS FROM DUE DATE. A 10% PENALTY OF. THE UNPAID BALANCE WILL BE ENFORCED
THEREAFTER.
EFFECTIVE DATE: JUNE 15, 1967
Seconded by Mr. Francese. Roll Call Vote: 5 Ayes 0 Nays
Carried June 15, 1967
Rules were suspended to permit Mr. Arndt a question of the Board as to how this
policy would be made available to the Oakwood residents. He was informed that he
could have copies and copies would be mailed with each bill.
Rules resumed.
Mr. Fulton recommended to the Board, due to misunderstandings on the previous
billings for water and sewer in Oakwood, that all previous interest be waived
up to July 1, 1967.
Mr. Clausen moved that all interest charges for water and sewer in Oakwood Knolls
be waived up to July 1, 1967.
Seconded by Mr. Bulger.
Mr. Fulton said he would like to schedule another date for a meeting as soon as
possible with the Planning Board. He would try to make it convenient for all
members.
Policy on Recreation Land —
Mr. Fulton indicated the problems of deeds for the Recreation Lands. He sees a
need to set up a Policy to accept Recreation Land Deeds at the same time we approve
Road Bonds. It should be set in the Policy that the Road Bonds not be accepted until
there is clear title to Recreation Lands, and also that the deeds to Recreation Lands
be separate instruments, not to be included in the same deed as the Roads.
Mosquito Control —
Mr. Fulton, noting that the County was starting their spraying, brought out that
he didn't feel the Town residents would be satisfied with the type of area spray—
ing the county is carrying out. His thought would be to initiate a spray program
for the Town, ie the possibility of the Town purchasing their own equipment.
Mr. Fulton recommended to the Board they consider the Town getting a spray rig, and
appointed Mr. Bulger to a committed of one to full investigate the situation — to
get the facts and figures, as quickly as possible, on the cost of purchasing a
spray unit.
Mr. Clausen asked that a cost comparison be presented — airplane spraying versus
� � ��
— ~ °^
purchase of equipment for ground spraying. His final comment was that whatever spray
method was used, be sure the spray itself wouldn't effect dairy cows.
Road Program —
Mr~ Fulton sold, with regard to his proposal to modify the 11 year Road Program,
he would like the Board to get together next week to go over his plans. He had
some of the basic material, but it wasn't yet in the form that he wanted it in — but
basically it cuts down the planning schedule of the 11 year P|)sn°
Mr. Diehl asked if the attorney had taken the necessary steps to prepare it for �
�
referendum.
Mr. Quinn said they couldn't move forward on o referendum until they receive u
maximum estimate of land acquisition costs, and construction costs. He had written
a letter to this effect several weeks ago to Mr. Knud Clausen*. If he could have the
information by Monday (8/19/87) they could start preparing resolutions to be presented
at the July 6th meeting and could probably make the Board's suggested target date
of August 1st.
There was some confusion as to what was being asked for by Mr. cuinn so the following
letter was rend:
Mr. Knud Clausen
Superintendent of Highways
Town of Wopp\nger
Department of Highways
Albany Post Rood
Wappingers Falls, N.Y.
May 18, 1967
Re: Town of Wuppinger
Highway Improvement and
Reconstruction PrnoreOl_
Dear Mr. Clausen:
We have been directed to prepare an appropriate resolution providing for the
funding.mf the above captioned project. In order to draft the required resolution,*
it will be necessary that you furnish us with the following information:
1. General description of work involved, e.g.
reconstruction, widening or surfacing of highways,
drainage, landscaping, grading or improving :rights
of way.
2. Maximum estimated cost for the following items:
(o) Land acquisition.
(b) Construction or reconstruction.
3. Type of pavement and surfacing to be app|ied^
e.g., pavement of sand and gravel, water bound,
macadam or penetration process with single surface
treatment; flexible pavement; f4exible pavement with
penetration macadam or plant mix bottom course
and heavy duty, bituminous concrete wearing surface;
ri8idbose (port|ond cement concrete) pavement with
sheet asphalt, bituminous concrete, granite block
or asphalt block wearing surface; or rigid pavementr
re—enforced port|ond cement concrete.
4. Source of required 5% down payment (Local Finance Law
section 107°00) e.g., budgetary appropriation
or capital note.
61,0,
Your
prompt reply to this letter will assist us in expediting this matter,
Very truly yours,
Signed:
Joseph D. Quinn, Jr.
JDQ/el
Then Mr. Knud Clausen presented for reading, his answer:
Quinn& Reilly
44 Cannon St.
Poughkeepsie, N.Y.
Dear Mr. Quinn,
June 5th, 1967
Re: Town of Wappinger, Eleven
Year Highway Improvement
and Reconstruction
Program.
I believe that the information you. request in your letter of May 18th, 1967
may be found by referring to our "Proposed Eleven Year Road program" recommended by
Engineer Vincent C. Kelley and Engineer Rudy Lapar's report to our Town Board
dated May 2nd, 1967.
I recommend that the following roads: Spook Hill Road and River Road North
be completed in 1968. Kent Road and Cedar Hill Road in 1969 in accordance with the
specifications recommended by former Town Engineer Vincent C. Kelley under the
classification for "Minor Collections" in his "Proposed Eleven Year Road Program."
Respectfully. yours,
Signed: Knud Clausen
Highway Superintendent
The outcome of ensuing discussion was Mr. Quinn's statement that regardless of the
size of the Bond in order to prepare a Resolution and set it up for referendum
procedure he must have the type of road surface, a breakdown - separately - of
land acquisition costs, rights of way and related matters, and, construction and re-
construction costs.
Mr. Lapar interjected, at this point, that the questions were easily answered,
Mr. Quinn's letter had not been directed to him so he couldn't answer it, but if
the Board would direct him to write the letter and answered two simple questions
what do you want the Bond issue"put out as, how much money, and secondly how are
you going to finance the first 5% payment.
Mr. Knud Clausen disagreed with Mr. Lapar and maintained his letter answered Mr.
Quinn. He said the Roads he recommends for a 2 year Bond issue are Spook Hill
Road and River Road North - for 1968, and, Kent and Cedar Hill Roads for L969
for a total amount of $266,125.00.
Mr. Fulton again said he was on record as favoring a modification of the 11 year
Road program and dispense with having to go to referendum every 2 years.
Mr. Quinn said that the answers requested in his letter to Mr. Knud Clausen were
relevent regardless of whether it was a one year or an 11 year progrartn.
Mr. Diehl moved that Mr. Knud Clausen get together with the engineer and draft the
finishing of the information that he needs to present to the Attorney, so further
�
"�
steps can be taken, so the referendum can be put to a vote this year.
Seconded by Mr. Clausen. Unanimously Carried.
Mr. Bulger brought up that several months ago a resolution was introduced by the Board
to refer the question of undergraound lighting to the Planning Board. It was brought
to his attention recently that a developer in the Town would like to carry out a prog-
ram of underground lighting.
Mr. Bulger moved that the Board address another communication to the Planning Board
again soliciting their advice on this problem, and requesting that a copy of a letter,
which is information only and only for the Planning Board from the Chairman of the
Town of Poughkeepsie Planning Board, which has to do with some problems on this which
have occurred in the Town of Poughkeepsie be included to them for their information
and guidance.
Seconded by Mr. Diehl. Unanimously Carried.
Rules suspended to permit discudsion on Mr. Lafko and Mr. Alexander's letter, by
Mr. Corte| |lno and the Board.
Rules resumed.
Mr. Oieh| asked Mr. Quinn - on the Roads in Wildwood - has legal action been started
on it?
Mr. Quinn: "No, sir, we were held up at the request, at the last meeting, and two
weeks before, by the Superintendent of Highways. It was my understanding that there
was to be a recommendation on it tonight."
Mr. Knud Clausen said he made the recommendation at the June 8th meeting to proceed
with legal action on the Bond for Wildwood Roads.
Mr. Quinn said it was his understanding, from the discussion at the last meeting that
there would be more negotiating and a recommendation would be forthcoming tonight.
There was further discussion, with Mr. Clausen stating that there had been no rescind-
ing of the motion made that re -instructed Counsel to proceed with litigation, and Mr.
Diehl was in agreement with Mr. Clausen.
Mr. Clausen moved that the attorney to the Townsend a letter to Mr. Fred Lafko, advis-
ing him of the action by the Board, at their June 8th meeting, to re -instruct Counsel
to proceed with legal action on the Bond for Wildwood 1.
Seconded by Mr. Fulton Unon.imous|y Carried.
Motion made by Mr. C|ausen* seconded by Mr. Diehl to adjourn the meeting.
Meeting adjourned 11:19 P.M..
��-�
(W
Elaine H. Snowden
Town Clerk
6 2r.
A Special Meeting of the Town Board of the Town of Wappinger was held on June 29, 1967,
at the Town Hall, Mill Street, Wappingers Falls, N.Y..
The Meeting was called to order by Supervisor Fulton at 8:53 P.M..
Present:
Supervisor Joseph H. Fulton
Justice of the Peace Bulger
Justice of the Peace Francese
Others Present:
Joseph E. Ludewig, Bldg. & Zoning Inspector
Joseph Quinn, Attorney to the Town
Rudolph Lapar, Town Engineer
Knud Clausen, Highway Superintendent
Tall Trees -
Councilman Louis Diehl
Councilman Louis Clausen
Town Clerk Elaine Snowden
Mr. Fulton asked the Highway Superintendent if he had any report to make on these
roads.
Mr. Knud Clausen first noted that last Sunday night (June 25th), the road in Section
II of Tall Trees had washed out from the rain, leaving a very dangerous condition, He
said Mr. Angelo Williams had been notified and nothing has been done. The Highway Sup-
erintendent recommended that legal action on Section II, Tall Trees Roads, be brought
against the principle and the surety.
Mr. Francese moved, on the Highway Superintendent's recommendation, to dprrect counsel
to bring action against the principle and the surety on the Bond for Section II of
Tall Trees Development Roads. Seconded by Mr. Diehl. Unanimously Carried. Roll
Call Vote.
Beechwood Circle:
Mr. Fulton asked Mr. Knud Clausen if he had anything to say regarding Beechwood Circle.
Mr. Knud Clausen, referring to the Meeting of June 15th, said that the conditions were
that the contractor was to come in and fix the roads - if this work wasn't done then
it would be recommended the Bond be pulled. The Contractor had started, but left and
hasn't been back. His only recommendation, in light of this, is to pull the Bond.
The Board agreed that the conditions were that the work was to start by a certain date
and proceed to the Highway Superintendent's satisfaction.
Rules were suspended to hear from Mr. Heydman, who recalled the stipulations the,Board
had agreed to at the June 8th Meeting.
Rules resumed.
The Highway Superintendent recommended that legal action on the roads in Beechwood
Circle be brought against the principle and surety.
Mr. Diehl moved, on the recommendation of the Highway Superintendent to direct counsel
to bring action against the principle and surety on the Bond for Beechwood Circle
Development Roads. Seconded by Mr. Bulger. Unanimously Carried. Roll Call Vote.
Mr. Fulton said he would like to set another meeting with the Planning Board.
Mr. Francese suggested to meet with the Planning Board on their regular meeting night.
Mr. Fulton said he would ask the Planning Board to set ,up on executive meeting with
the Town Board sometime in July - except in the last week.
Mr. Fulton placed before the Board the matter of Carl Swenson's gravel mining permits
and Zoning. He said he had contacted all the members regarding this and sent a letter
to Mr. Swenson asking Mr. Swenson to be present tonight, for any clarification of the
situation. The status of the situation now is that Mr. Ludewig has served notice of
the violation.
Mr. Diehl asked for a 10 minute recess.
Recess called at 9:09 P.M..
Meeting reconvened at 9:31 P.M..
613
Mr. Quinn gave a brief account of what was involved in pulling Bonds. Discussion ensued
with audience.
Meeing called back to order at 9:50 P.M..
Mr. Fulton called on Mr. Ludewig to inform the Board as to .the violation on Mr. Swenson's
permit.
Mr. Ludewig said that last Thursday Mr. Fulton had called him and asked if he and the
Engineer to the Town would go out and see if the mining operation.on Mr. Swenson's.
property was in accordance with the permit issued, or, if there was quite possibly a
violation of the Zoning Ordinance. Mr. Ludewig and Mr. Lapar went out that Thursday
(June 23rd) but due to wet conditions couldn't get all the way around. They made
another appointment with each other to go out Monday (June 25th), at this time they did
find the operation was not in accordance with the Zoning Regulations, in fact, that the
beginning Iine:of:the excavation was closer to the property line thaft•the Ordinance called
for in that case. They so recorded that, and served notice of violation on Mr. Swenson
Wednesday, (June 28th). (He noted that at the same time he served the notice, Mr. Fulton's
letter to Mr. Swenson requesting his presence at tonight's meeting was delivered). The
section violated was 439.013 - closer than 200' to the property line - which Mr. Ludewig
read aloud.
Mr. Fulton said normally the Board doesn't get involved in Zoning Ordinance Violations,
but he feels this concern of the Board is with a permit that was issued by the Town
Board and to decide whether the conditions of the permit have been violated.
Mr. Diehl asked that Mr. Swenson be heard.
Mr. Fulton asked Mr. Diehl if the Engineer to the Town could be heard first.
Mr. Diehl said yes, and then Mr. _Swenson be heard.
Mr. Fulton asked Mr. Lapar to speak - in terms of the Permit.
Mr. Lapar said Mr. Ludewig had covered the situation - and could only add the fact that
there is a map on file which shows the beginning line should be 200' from the property
line - in conformance with the Ordinance - where the mining operation should have begun.
There was no question in his mind that the mining operation should have started 200' from
the property line.
Mr. Swenson was called on to speak to the Board.
Mr. E.V. Cunningham, with the law firm of Van de Water & Van de Water and represent46g
Mr. Swenson, asked to address the Board.
Mr. Cunningham "confirming what Mr. Ludewig said Carl was served with a notice of Viol-
ation yesterday in the afternoon and the notice of violation states that the Zoning
Inspector has determined that gravel is being excavated below grade of existing property
lines, closer than 200' as required by the Section of the Zoning Ordinance that Mr.
Ludewig pointed out. After he received this particular notice, he got a hold of his
Surveryors - they're out there today - and his engineers, and reading the notice and
reading the Ordinance, it became plain that there were a couple of questions of fact
that of course had to be determined by himself - first we had to find out just exactly
what grade was - what/the height grade - whether it meant the grade of the property line,
or the grade of the road, which, I believe, is Daisy Lane, going down that, I think
that's the name of the road. Then, of course, we had to locate the property line, and
then locate the 200 ft. line, and determine whether or not an excavation was going on
in that particular strip within the meaning of the Ordinance. Of course, these deter-
minations can be made fairly quickly and there is no question in our mind that we'll be
pretty well aware of what the facts are going to be by tomorrow morning because the
engineers will have a report for us. I don't think it particularly necessary to go too
deeply into these fact questions because in Mr. Ludewig's notice to Carl, he advised him
that he was ordered and directed to comply With the law and remedy the conditions above
mentioned forthwith on or before the first day of July, 1967, which, of course, is Satur-
day. So, without going too deeply in the thing, Carl will have that particular section
of property replaced to the contour line that is shown on the map that was filed when he
requested his permit which was granted by the Board. I think it might be appropriate to
point out one or -two things to the Board in regard to the excavation going on out there -
one of the things that Carl indicated to me was that he had been selling gravel to the
Town of Wappinger, and from what I've been able to determine the condition that exists
might have been caused, inadvertently, by the excavations of the gravel that were taken
out to be sold to the Town."
Mr. FuFton said whether it was the Town that excavated, or not, the mininstration of that
site is violated.
Mr. Cunningham said there was no question about that, he just wanted to say that there
614
were certain mitigating circumstances that might well go into the record. As the Sup-
ervisor pointed out he said this might be nothing more than the lack of accurate super-
vision on the part of the property owner.
Mr. Quinn, addressing Mr. Cunningham, asked how the gravel was taken out, by the owner
or by other people.
Mr. Cunningham asked this of Mr. Swenson, who replied he didn't own any equipment.
Mr. Fulton asked Mr. Cunningham if he wanted to continue or if he would be willing to
answer questions, Mr. Cunningham said he would answer any questions, to the best of
his knowledge.
Mr. Fulton then said, in his opinion, the conditions of this permit was allowed by this
Town Board it was not contemplated that this was the type gravel bank that the Board
was allowing Mr. Swenson a permit for. In his mind he visualized a gravel bank not the
type of operation going on. He didn't think the Board contemplated the type of excav-
ation that's being promoted there.
Mr. Francese said that as long as he mines within the purview of the Permit he didn't
think the Board had anything to do with it.
Mr. Fulton felt there was a legitimate question between the difference between fill and
gravel, he wasn't sure that the operation going on was not only gravel but a complete
excavation of fill. He called on Mr. Lapar to substantiate this - that there is a
legitimate difference between fill and gravel.
Mr. Lapar said he investigated and he calls it gravel.
Mr. Cunningham said in so far as he knows the limits of the excavation on the filed map
were quite large, encompassing that section of property that was shown on the map and from
what he has been able to determine from his discussions with Mr. Swenson test borings were
made out there and grave) was on that particular area.
Mr. Lapar said there was some clay, but the stuff that has been excavated in his sight
was gravel.
Mr. Diehl asked that Mr. Cunningham repeat and clarify the part - there was a deadline
date given by someone - and also, what Mr. ;Swenson intended to do by that date.
Mr. Cunningham said on the notice on the bottom paragraph that indicates that the Town
would like Mr. Swenson to remedy any defects that have occurred on the site, on, or
before, July Ist, and just in order to completely avoid any question at all, the contour
lines that are shown on the map that was on file and he has machinery there and he will
restore the contour lines as they existed before the permit was granted.
Mr. Diehl asked Mr. Ludewig his opinion on this violation, "if Mr. Swenson corrects the
existing violation by July 1st he is then operating legally?"
Mr. Ludewig answered yes, if he has met everything else. Mr. Diehl further questioned
in other words he has to replace the gravel to the point where it belongs, and Mr. Lude-
wig affirmed this - that the replacement of the contour of that land, and stay 200' back,
in accordance with the permit as issued and the Zoning Ordinance.
Mr. Fulton asked Mr. Quinn if he had any questions he wished to ask Mr. Cunningham.
Mr. Quinn had no questions because he thought there were some questions of fact to be
determined here, whether there is a violation of the Ordinance, or a violation of the
issuance of the permit and he didn't think it would serve anything to examine counsel
here, as Mr. Cunningham has made an effort to explain his position, which would suffice
for him for now.
Mr. Clausen said since the Board has a meeting scheduled for July 6th that the Zoning
Inspector check on the conditions, as of Saturday (July 1st), and report back to the
Board at the next regular meeting and if things are back where they are supposed to be,
doesn't believe there is any problem.
Mr. Fulton asked the Board if they had any more questions to ask Mr. Cunningham - then
to Mr. Cunningham, he said he hadn't been brought here to be cross-examined - by the
public especially - did he wish to answer any more questions, upon which Mr. Cunningham
excused himself.
The Rules were suspended to allow Mr. Harding, Mr. Sardo and Mr. Eck to question the
regarding the mining operations and interpretations of the Zoning Regulations.
Rules Resumed.
Mr. Fulton said there was a motion he would like to put before the Board - there are
� Q�
N��� ��
w= /
some questions of fact to be substantiated in this case - 1. a zoning violation, which
if possible will be corrected, as the Zoning Inspector has ordered, and as it regards
the permit, the questions of fact to be substantiated involve the permit, therefore his
motion would be to suspend the permit until July ||th, at which time the Board would
ask these facts be presented, and if so, a hearing could be held at the same time.
Mr. Clausen asked Mr. Lapar if there was any uncertainty as to the Ordinance, in relation,
specifically, whether it related to road or property line.
Mr. Lnpor'fe|t the interpretation had obviously been made by Mr. Ludewig and himself.
Mr. Clausen then stated that he would be more in favor of allowing Mr. Swenson to recon-
struct any damage that he might have done, by Saturday, and have the Zoning Inspector
inspect it, and then if restitution hadn't been made, then it's time to pull the permit,
or suspend it. He was not condoning any ordinance violations, but thought the Board
didn't have enough testimony on it and it should be looked into more carefully. He
wouldn't be in favor of suspension at this time.
Mr. Fulton pointed out what he said in his motion was that Mr. Ludewig's violation of
the Zoning Ordinance stand as his decision and it is expected that Swenson would act to
remove that violation. But in regard to the permit, the question of facts that must be
substantiated, are in regard to the pepmit�`and the motion, was that the permit be sus-
pended until the questions of fact have been substantiated by the Town Engineer,Town
Officials, and Town Attorney and presented and a hearing held.
Mr. Clausen still disagreed about suspension of operations, as there weren't enough facts
before the Board tonight, and felt Mr. Swenson should be allowed to continue his operation,
providilig he stays 200' back and given an opportunity to reconstruct the property.
Mr. Fulton felt that a violation of the Zoning Ordinance also constituted a violation of
the permit - Mr. Lapar verified this - but to what degree was the permit ido|atedwas 1hA'.
questionof fact he felt&`shou}dbe substantiated.
Mr. Clausen reminded Mr. Fulton that counsel had asked the Board not to accept testimony
tonight.
Mr. BU|ger felt that some of the things should be clarified at this point. In his opinion
there were two things being discussed here. I. Whether or not the Zoning Ordinance has
been violated - The Zoning Inspector has stated his opinion, in writing, as he is required
to do. The Zoning Ordinance requires that if he is not satisfied that his requirements
have been met, that he must take other appropriate legal action. This is something which
must follow the course of law. 2. The Board is also discussing whether or not we have
cause to take action on a permit which this Board has issued for mining purposes. He
thinks that is the only thing the Board should be discussing.
Mr. Quinn stated that he didn't believe that anyone should give any unsworn testimony at
this time.
Mr. Diehl said he couldn't seem to draw a line between the permit and the violation. It
seemed to him that Mr. Ludewig, on behalf of the Town, has already issued the violation
and given a date. As this date is only 2 days away, and if it isn't corrected to Mr.
Ludewigs' satisfaction, then he thinks action should immediately be taken.
Mr. Fulton moved that Mr. 'Carl Swenson's permit to mine gravel on his property be sus-
pended until July ||, 1967, at which time we will ask the facts to be presented and if so,
the Board could have a hearing that same night.
Seconded by Mr. Francese.
Roll Call Vote:
Louis Clausen. No
Vincent Froncese: Aye
William Bulger. Abstain
Louis Diehl:
Joseph Fulton:
Aye
Aye
Motion to adjourn made by Mr. Clausen, seconded by Mr. Bulger and Unanimously Carried.
Meeting adjourned at 10:38 P.M..
Elaine H. Snowden
Town Clerk