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1967-06-08 RGMAGENDA -.TOWN BOARD .JUNE 8, 1967 • 1. Meeting Called to order 2. Roll Call 3. Accept Minutes - March 16, Special; April 14, Special; May 4, Regular; May 11, Adjourned 4. REPORTS OF OFFICERS Bills -- General Fund: ; Highway: Supervisor Bldg. Insp. Justices 5. REPORTS OF COMMITTEES Mr. Bulger - Observances 6. PETITIONS & COMMUNICATIONS a. Letter from Mr. Quinn - re: Rockingham Frams Recreation Area b. Letter from Mr. Quinn - re: Castle Point. Recreation Area c. Village'of Wappingers Falls, - re: proposed Ordinance change d. Request for Justices to attend Magistrates meeting - White Plains e. Beechwood residents request discussionre: Rd. 7. RESOLUTIONS Highway • 8. UNFINISHED BUSINESS Fulton: re: Policy for billing, interest,charges, grace periods, etc. for Rockingham Farm & Oakwood Water and Sewer Also i Oakwood: action to be taken on previous interest charges - e•• waive or enforce 9. NEW BUSINESS Fulton: General Policy, acceptance of Recreation Land by Bd. 10. MISCELLANEOUS BUSINESS 3 Year Rd. Program, 11. ADJOURNMENT 11 1 tit 5 7-9 The Regular Meeting of the Town Board of the Town of Wappinger was held on Thursday, June 8, 1967, at the Town Hall, Mill Street, Wappingers Falls, New York. The Public discussion period was opened at 7:12 P.M.. The Supervisor called the Meeting to order at 9:00 P.M.. Members Present: (answering roll call.) Absent: Joseph H. Fulton, Supervisor William Bulger, Justice of the Peace Louis Clausen, Councilman Louis Diehl, Councilman' Elaine H. Snowden, Town Clerk Vincent Francese, Justice of the Peace Others Present: Rudolph Lapar, Engineer to the,Town Joseph Ludewig, Building Inspector Knud Clausen, Superintendent of Highways Joseph Quinn, Attorney to the Town Harold Reilly, Attorney to the Town The Supervisor noted that Mr. Francese's absence was due to it being his wedding anniversary. Mr. Bulger moved that the minutes of the meeti.ngs.of this Board held on March 16, 1967, Special Meeting, April 14, Special Meeting, May 11,E Adjourned:Meeting, as submitted by the Town Clerk be and they are hereby. approved. Seconded by Mr., Diehl. Unanimously Carried. Bills were presented in the following total amounts: General Fund $13,184.42 Highway 26,971.51 Mr. Bulger made- a motion that the bills be paid, subject to audit, seconctd by Mr. Clausen. Unanimously Carried. Reports from the Justices of the Peace, Supervisor and Building Inspector were received and ordered placed on file. Mr.Bulger, or Memorial Day` observances,- i t had come to bis attention that there was a strong possibility that there would not be any further Memorial Day observances, as there seems to be a shortage of funds in the Veterans Organizations which will prohibit the continuance of these activities: He felt strongly that the fajct that If an individual has given his Iife in the service o'f his country, decency requires some pause be made to remember the sacrifice made: Mr. Bu`Iger moved that the Board address a letter to the various Veterans Organizations in our community and indicate the Boards' support for Memorial Day Services, and In addition, at budget time the Board appropriate sufficient funds to carry out suitable ovservances for Memorial Day. Also, in the letter to these organizations, inquire from them what amount of funds they feel that the Town might have to contribute for the continuance of these services. Seconded by Mr. Clausen. Unanimously Carried. ( Letter to these organizations to 58O include a request for prompt reply, so that by budget time the Board can make adequate judgement on the amount of the appropriation.) Mr. Diehl - Lighting Committee Report - presented a detailed proposal on lights to be installed on Route 9 (South of Myers Corners) at the cutoff of the Old State Rd. at both ends; and at Rt. 9D at the entrance to Alpine Drive. The 2 lights on Rt. 9 and Old State Rd. would be a general town charge, the one on Rt. 9D lies within the Hughsonville Lighting Dist. Mr. Diehl made a motion that the 3 lights in these 2 sections - Rt. 9 and Old State Rd. & Rt. 9D end Alpine Dr. be installed according to Central Hudson specifications, and that the Supervisor be 'empowered td sign the street lighting order to Central Hudson Gas & Electric Corp.. Seconded by Mr. Bulger. Unanimously Carried. Mr. Bulger, while on the subject of lighting, mentioned that he had been conferring with Mr. Paul Ganci, a Central Hudson representative concerning the new aligfiinment of Rt. 9. And, to be ahead of the problem, a detailed plan is being worked up for the intersections of the major traffic arteries, to be presented to the Board, but would not be implemented until after Rt. 9 is officially opened. Mr•. Bulger noted that at some future time there will be a need for making a town wide lighting dis- trict to take care of some of these problems in that manner. The Clerk read the following communications: Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: May 10, 1967 Re: Rockingham Farms subdivision, Sections I and Id, Town of Wappinger, Dutchess County; New York- Schoonmaker Bros., Inc., developer At your meeting of May 4, 1967, a question was raised with respect to the condition of the Recreation area dedicated to the Town in the above captioned subdivision. In particular, the board sought information as to the duty of the developer to improve the recreation area. We were directed to investigate this matter and report to you concerning the same. Kindly be advised that an examination of the records of the Planning Board of the Town of Wappinger discloses that the developer's responsibility in connection with the recreation area *as defined in resolutions adopted by that body on June 29, 1966. Under date of June\30, 1966, the secretary to the Planning Board wrote to the developer with respect to the resolutions of June 29, 1966 and quoted perti- nent excerpts from them relating to recreation lands. Carbon copies of the letters' were forwarded to several parties, including your body. For your convenience, we enclose herewith xerox copies of each of the subject letters. They speak for themselves. JDQ/el Encls. Very Iruly yours, Signed: Joseph D. Quinn, Jr. 581 June 8, 1967 Town Board Town of Wappinger Wappingers Falls, N.Y. Re: Rockingham Recreation Area Gentlemen: As per your instructions, I have investigated the Rockingham recreation area situation. I discussed'the problem with the Planning Board at its June 5, 1967 meeting, and my findings are as follows: The entire subdivision was granted final approval in June, 1966. The final approval states "The developer shall, prJor to the completion of the subdivision, restore the recreation area to its original elevation, . . .". This indicates that the developer is not required t� complete any work on the recreation area until the subdivision is in its final stages of construction. Very truly yours, Signed: Rudolph E. Lapar Engineer to the Town of Wappinger REL:sjp May 17, 1967 Mr. Knud Clausen Superintendent of Highways Town of Wappinger Department of Highways Albany Post Road Wappingers Falls, N.Y. Re: Wildwood Manor Subdivision, Sectionl, Town of Wappinger, Dutchess County, New York - Skyview Development Cors,AAve I ,pgr Dear Mr. Clausen: On Thursday, Mfiy 11, 1967, we attended a conference at your office with regard to road conditions in the above captioned:developement. Present at the conference 1 - beside yourself and this writer were your secretary, Mrs. Jensen, Supervisor Fulton, Mr. Lapar, engineer to the Town, Mr. Fred J. Lafko, representing the developer, and' Mr. Louis Eck. In the course of the conference it appeared that you had engaged in several discussions with Mr, Lafko in an effort to have roads in the Wildwood project brought to a condition where they could be accepted by the Town of Wappinger. From the con- verstation which took place, it seemed to us that you and Mr. Lafko were not far apart in agreeing on work items to be completed or corrected. At the close of the May Ilth meeting, it was decided that the general matter would be held in abeyance for about ten days to give you time to continue and complete negotiations with the developer. On this basis counsel were instructed byyou to withhold further action with respect to the developer's performance bond until fur - there work was received from you. Please be food enough to advise us what progress has been made with this matter since the meeting. Very truly yours, Signed: Joseph D. Quinn, Jr. JDQ/eI cc: Hon. Joseph H. Fulton Mr. Knud Clausen commented on Mr. Qtinn's letter and added that he felt that on Skyview 5 $.z Development there should be no more attempts at negotiating with Mr. Lafko on the roads in Wildwood Forest Sect. I. He then recommended to the Board that they in— struct counsel to proceed with pulling the bond, there was no more room for negot— iations. Mr. Fulton said -he Would advise Mr. Quinn of Mr. Clausen's answer, and to start proceeding. Rules were suspended to permit a resident from Wildwood discussion with the Board on the past actions of the Superintendent of Highways with regard to pulling the Bond and attempts at negotiations; what can be done and what will be done and then evolving into a question as to whether C.O.'s could be withheld on the houses being built on the new little dead—end off Widmer Rd. in Sect. I of Wildwood, Mr. Diehl asked whether C.O.'s could be held up until a legal opinion was rendered. Mr. Fulton wished the Board to go on record that it's the Boards intention to withhold C.O.'s if legally possible, in view of the fact that the Town is starting a non— performance suit in Sect. I of Wildwood Forest. Mr. Reilly pointed out that the authority that allows the Town to withhold build— ing permits and C.O.'s deals with the health and safety of the residents on a road, not a particular Subdivision. So, that if the road itself is satisfactorily com— pleted so there is no safety or health hazard to the residents on that road, the Town cannot legally withhold C.O.'s — two different things are being discussed simultaneously, Performance bond and health and safety in a certain area. Mr. Bulger paraphrased Mr. Reilly with the addition that it seemed the only thing to do would be to ask Mr. Ludewig and the Highway Superintendent to consult the Board before issuing any C.O.'s on those houses in question. A legal opinion was again specifically requested on this point in question. Rules resumed. The Clerk read the following communications: May 18, 1967 Mr. Knud Clausen Superintendent of Highways Town of Wappinger Department of Highways Albany Post Road Wappingers Falls, N.Y. Re: Town of Wappinger Highway Improvement and Reconstruction Program Dear Mr. Clausen: We have been directed to prepare an appropriate resolution providing for the funding of the above captioned project. In order to draft the required resolution, it will 'be necessary that you furnish us with the following inform— ation: 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: ta) 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, madadem or penetration process with single surface treatment; flexible pavement; flexible pavement with penetration macadam or plant mix bottom course and heavy duty, bituminous concrete wearing surface; rigid base (port|and cement concrete) pavement with sheet asphalt, bituminous concrete, granite block or asphalt block wearing surface; or rigid pavement, re*enforced portland cement concrete. 4. Source of required 5% down payment (Local Finance Law section (07.00) e.g., budgetary appropriation or capital note. Your prompt reply to this letter will assist us in expediting this matter. JDO/e| CC: Hon° Joseph H. Fulton, Supervisor Mr" Rudolph Lapar Town Board, Town of Wappinger Quinn & Reilly 44 Cannon Street. Poughkeepsie, New York Very truly yours, Signed: Joseph D..Quinn' Jr. ,June, -5th, 1967 Re: Town of Wappinger, Eleven Year Highway Improvement and Reconstruction Program. 5 �� '«�' � Dear Mr. Quinn, 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". Town Board Town of Wappinger Town Hall Mill Street Wappingers .F.7511s, N.Y. Gentlemen: Respectful ly yours, Highway Superintendent June 8, 1967 Re: Procedure for Issuance of.Bui|ding Permits'6or Structures to be erected on Non— At your meeting of May 4, 1967, a motion was made, seconded and carried 584 which had the effect of requiring developers to complete installation of sub— division roads in accordance with March 4, 1965 road specifications, with the ex— ception of final surface treatment, as a condition precedent to obtaining building permits for structures to be erected on such roads. Under the terms of the motion the Town's Engineer, highway superintendent and counsel were directed to prepare appropriate regulations and legislation to implement the policy indicated by the motion. At the May 4, 1967 meeting, and subsequently, we have informed you that it was our off—hand opinion that the problem of supervising and policing subdiv— ision road improvement could be controlled by means of existing state legislation, without necessity of resorting to measures as stringent as that contemplated by the subject motion. Mr. Clausen, the author,of the motion, has requested that we supplement our informal, oral opinion with a more formal written one. This letter is directed to you in compliance with that request. However salutary the intent and effect of -Mr. Clausen's motion might generally be, we feel that its implementation, at this time, might well create practical difficulties for builders which would result in legal problems for the municipality. It is our thought that if town officials treated each subdivision on an individual basis and imposed standards and conditions for issuance of build— ing permits which reflected the particular developer's skill and diligence in prosecuting the installation of all required improvements and services, includ— ing roads, a workable solution for the municipality, the buying public and the developer would result. - We think that there is ample legislation currently -in effect -which em— powers the Town to control its roads with a fair degree of flexibility and dis— cretion. In the main, control is provided by section 280—a of the Town Law of the State of New York The provisions of section 280—a of the Town Law are clear and concise, and serve a most useful purpose. The statute reflects a legislative Judgement that the building up of unimproved and undeveloped areas ought to be accompanied by provisions for roads and streets and other essential facilities to meet the basic needs of the new residents of the area (Matter of Bous v. Smith, 304 N.Y. 164)/ The provisions appear to be mandatory in nature and requiire the owner preliminarily to afford access, by suitable road, to the dwellings he proposes to erect. Essentially, 280—a provides that no permit for the erection of any building shall be issued unless a street or highway giving access to such struct— ure has been place on the official map or plan, or if no map or plan exists, un— less the street or highway is (1) on existing state, county or town highway; (2) a street shown on a plat approved by a planning board; or (3) a street on a plat duly filed prior to the appointment of a planning board empowered to review plats. In addition, the statute provides that no such permit may be issued un— less the hiieghway or street has been "suitably improved" to the satisfaction of the town board or planning board, in accordance with standards and specifications app— roved by the town board, as adequate in respect to the public health, safety and general welfare for the special circumstances of the particular street or highway. Town officials may see to it that any street improvement performance bond furnished by a developer includes a provision incorporating the safeguards of the statute. Acceptance of a performance bond does not preclude the municipality from refusing to issue building permits on the basis of Town Law section 280—a (Lunmor Homes; Inc. v. Johnson, 122 N.Y.S. 2d 149). The statute speaks for itself and needs no construction or interpffetatioa by uounsel. To our way of thinking it offers a solution to the problem at hand and obviates the necessity for local legislation and regulation. We think it appropriate to call to your attention the fact that the statute contains a safeguard to protect developers and builders against municipal caprice. Subdivision 3 of the section provides that where enforcement of standards of access to a proposed structure before issuance of a building permit results in proctical difficulty or unnecessary hardship, the applicant may appeal to the board of zoning appeals, which body is empowered to make reasonable variances and except— ions as in the case of zoning regulations. In passing upon such appeal, that body may issue a permit subject to conditions which will protect any future street or highway layout. Decisions by the board of appeals on such matters are, of course, subject to judicial review by certiorari order ( Bayer v. Pugsley, 13 Misc. 2d 610, aff'd. 7 A.D. 2d 828). As we have previously pointed out, the power to determine wh4ther a street or highway is suitably improved may be exercised by a town board, or such Power may be delegated to the planning board. In Wappinger, such power has previously been,delegated to the planning board. (cf. Town of Wappinger Land Subdivision Regulations, Art 11, section 23.1, p. 5.) Should you choose to avail yourselves of the protection afforded by Town Law section 280-a, you may employ the services of the planning board, or you may cancel the prior delegation and exercise: the, power of determination;yourselves. It goes without saying that the highway superintendent and the engineer to the Town should have a voice in matters duck as these. 5$5 JDQ/el Respectfully.yours, Signed: Joseph D. Quinn, Jr. Mr. Clausen took exception to Mr. Quinn's letter on the basis that he feels the Town needs a resolution whereby the developer has to put in the road - except the final layer of blacktop- before any building permit is issued. He contends that if the developer has the roads in before any building goes up, it will solve a lot of problems. He stated his motion still stands, and further to instruct counsel back ag*in that it was the wishes of the Town. Board to.draw .up a resolution whereby the developer had to put in these roads first. Mr. Clausen moved that the Attorneys to the Town be re -instructed to draw up a resolution whereby the Town Board can amend the Building Subdivision Regulations to include the fact that the developer has to put in these roads pr.ior,to the issuance of any building permits. Seconded by, Mr. Diehl. Mr. Reilly contended that, as Mr. Quinn had pointed out in his letter, there is sufficient authority in the Subdivision Regulations to allow the. town to already do What Mr. Clausen requests , the Town Board can so direct building permits until the roads are accepted. Mr. Fulton called on Mr. Ludewig to give an interpretation.. Mr.. Ludewig said if Sect. 280. A. were .to be quoted, the whole thing could be cleared up, - it states that the Town Board shall require roads to be established prior to the issuance of building permits in lieu ofa bond of sufficient, amount may be accepted. Heretoftr it is the Town Board that has waived the requirements and not the Planning Board. The Planning Board goes to a certain point and the Town Board is the.one that accepts the bond, in lieu of.requir.ing the roads.be completed. Mr. Clausen referred back to discussion at the May meeting regarding the procedure to accomplish getting roads in before building starts, and his desire t6 to clarify 1 what has to be done toinstitute a new ruling. He. asked Mr. Reilly if it was his op,in.ion,.that.all the Town Board has to do is direct the Planning Board that its wish is that no more developers will be issued building permits until all road specs are performed, except the last layer of blacktop - "can that be -done on a simple motion directed to the Planning Board, I so.move? Mr. Fulton, interjected that according to what Mr. Ludewig had Just stated it would be on acceptance of the bonds for the roads by the Town Board - it would be on acceptance• 586 of the bonds for the roads by the Town Board - it would be'Just'an enactment of legis--:, lation that's in already. Mr. Clausen moved that the Town Board not pass any, not adopt or accept any bonding resolutions without demanding I6he developer put in all road specs, except the last' layer of blacktop, before any -bond is accepted. Seconded by Mr. Diehl. Discussion followed on interpretation of "roads". Mr. Clausen moved that the Town Board, in the future, not accept paper roads but accept roads from the developers that have been completed under the present road specs, with the exception of the last layer of blacktop before any bond is acc- epted. Seconded by Mr. Diehl. Mr. 6lausen'S motion was amended by Mr. Bulger to include and read: And simult- aneously the Highway Specifications will be revised by the Engineer to the Town, in conjunction with the Attorneys -resolution to revise the requirements of road acceptances. Seconded by Mr. Diehl. Unanimously Carried. Mr. Reilly noted a' little more clarification was necessary. Mr. Clausen acqui- esced, agreeing that chis motion be turned over to counsel to be•drgwn up for- mally - as he felt his intent was now understood to be presented to the Board at its next meeting. Mr. Bulger brought out a point "what was meant by "future"? this, 'he felt should be made extremely clear. Mr. Clausen directed to Mr. Reilly that the intent here• is to have this as a•req- uirement for final subdivision approval, so when this resolution is adopted all road developers that have not had final - not preliminary, but final - subdivision app- roval, would come under this resolution. Recess was called at 10:28 P.M. - Meeting called to order et 11:00 P.M.. Beechwood Circle Residents request - William Heydman, representative for the group attending, spoke with the Board and presented a brief resume of the condition of Beechwood Circle beginning with'the summer of 1965 - dust and pot holes - and reiterating through Fall, Winter, Spring & Summer, conditions thru spring of 1967 - remarking throughout of the promises that the road would be put in. The purpose of their request to the Board was to discuss openly and frankly the toad problem, and it appears to them that the only action available to them is to ask that the bond be called. Mr. Diehl asked Mr. Knud Clausen to comment on this situation. Mr. Knud Clausen said he had been in contact with not only Mr. A. Williams, but 587 also Mr. Bailey (who .had contracted with Mr. Williams to•do-the roads:) Mr. Bailey had promised Mr. Knud Clausen that he would start work Tuesday (June 13th). Mr. Diehl, on the basis of the Highway Superintendent's comments said, in order to bring this to a final decision - and as there would be a board meeting next week - he would be 'bound' and happy to make the motion to pulls the bond if action is not taken by Tuesday of next week.: I-le.then asked if Mr. Enud-Clausen had a recommendation. Knud Clausen recommended to wait until next week and see if he (Bailey) is coming in or not, and then he would recommend to the Board to pull the bond. Mr. Fulton asked Mr. Clausen if he would accept in his recommendation a resolution stating by this Town Board that if the road is not started by Tuesay and completed with dispatch, that the bond will be pulled. Knud Clausen accepted the suggestion. Mr. Heydman suggested to the Board that this item be first in order of business on the agenda of the next meeting and at the succeeding Board meeting. The subject to be, if the road is not started, action be taken and if by the following meeting, no prog— ress has been made in a reasonable manner, that action be taken at that point. Mr. Fick, Beechwood Circle, commented that there seemed to be too mWch ambiguity in the statements about starting the roadd, which led Mr. Bulger to ask Knud Clausen for an estimate of how long it would take (inclusive of fluctuation for inclement weather). He estimated that it would take about one month to finish the job. Mr. Diehlimade a motion that if the road is not started by June 14, 1967, the weather permitting, and completed by July 31st, the Town Board will take action to pull the bonds. Seconded by Mr. Bulger. Unanimously Carried. Request from Quiet Acres Fair Committee Permis$ion,requested to use Daisy Court, Quiet Acres Development, for their fair, June- 10, 1967. Mr. Diehl made a motion that the request by the Quiet Acres Fair Committee to use Daisy Court for their fair be granted, -under the direction of the Superintendent of Highways to do whatever is necessary there and also to have a Town Constable present for whatever emergencies that might arise. Seconded by Mr. Bulger. Unanimously Carried: Request by-En_gineers to Rockingham Farm Sewer District to seek informal bids. Mr,. Fulton made the motion to ate thor i ze the, Engineers to the Rockingham Farm Sewer District to advertise fpr bids for the extension of the necessary sand filters, in compliance with the requirements of the N.Y. State Dept. of Health. Seconded by Mr. Bulger. Unanimously Carried. Communication had been received from John A. -Wolf, attorney for Mr. Robbins in rei3- erence-to a storm drainage problem at,Kretch..Mr. Robbins previously in the evening had informed the Board that .the problem had been satisfactorily taken care of. Resolution granting, the.applica�tion of Highway Displays Inc. "for a permit to use 5 134. the street, highways and public places of the Town of Wappinger for installation and operation of a community antenna television system and authorizing the Town Supervisor to Join in the exectution of an agreement relating to such permit," was proposed by Mr. Fulton, seconded by Mr. Bulger. The Supervisor called for a Roll Call Vote: Mr. Clausen Nay Mr. Bulger Aye Mr. Diehl Nay Mr. Fulton Aye In the ensuing discussion on the preceeding resolution, Mr. Clausen's reaction was to the fact that the Board & Mr. L'Archevesque had not been afforded the opportunity of perusing the resoluttiion (which included amendments to the agree— ment) prior to tonights' presentation (Mr. Clausen requested the record to show that this resolution was presented at 11:45 P.M.) Mr. Quinn defended his position, pointing out that negotiations had been taking ; place on the requested changes and had been gone over tentatively by the parties concerned, but was subject to the agreement of their counsel. This last consult— ation being this morning. Mr. Diehl commented he was not against the resolution, he only felt that Mr. L'Archevesque should have been allowed to go over the amend— ments before the presentation. The following resolution was offered by Mr. Fulton, seconded by Mr. Bulger and Unanimously Carried: 0 BOND RESOLUTION, TOWN BOARD, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK ADOPTED JUNE 8, 1967, AUTHORIZING THE ISSUANCE AND SALE OF SERIAL BONDS OF SAID TOWN OF WAPPINGER - IN THE PRINCIPAL AMOUNT OF $12,547.00 TO FINANCE THE CONSTRUCTION OF A RECREATION BUILDING AT MARTZ MEMORIAL PARK AT A TOTAL COST NOT TO EXCEED THE SUM OF $12.547.00,_ The following resolution was offered by Mr. Fulton who moved its adoption: WHEREAS, the Recreation Commission of the Town of Wappinger has recommend— ed the construct -ion of a recreation building at Martz Memorial Park, Pye Lane, in the Town of Wappinger, and WHEREAS, the•Recreation Commission of the Town of Wappinger has caused plans and specifications for said recreation building to be prepared and has solicited and obtained bids from contractors for the construction of such facility pursuant to the provisions of Article 5A of the General Municipal Law of the State of New York, and WHEREAS, as a result of bids received, it appears -that such facility may be constructed for the maximum price of $12,547.00, and WHEREAS, by motion duly made, seconded and carried, this Town Board has here— tofore awarded a contract to Ifill Enterprises, Inc. of Poughkeepsie, New York, for the construction of the aforesaid facility provided_that the entire amount of 5891 the cost thereof 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 now desires to provide for the financing of the aforesaid construction, it is hereby RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The construction of a recreation building at Martz Memorial Park, Pye Lane, Town of I!appinger, Dutchess County, New York is hereby authorized. The total estimated maximum cost of such recreation building is the sum of $12,547.00. Section 2. The plan for the financing 6f such construction consists in the issuance of general obligation serial bonds of said Town in a principal amount not exceeding the sum of $I2,547.00, which bonds in such amount are hereby authorized, pursuant to the provisions of the Local Finance Law. Such bonds are to be payable from amounts which shall be levied annually on all of the taxable real property in sold town. Such bonds shall be of such terms, form and content as the Supervisor of the town of Wappinger shall prescribe. Such bonds shall have a maturity date of not more than five (5) years to be measured from the date of issuance of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. Section 3. It is hereby determined that the purpose for which such bonds are to be issued falls within Subparagraph 11(b) of Subdivision a of Section 11.00 of the Local Finance Law of the State of New York and that the period of probable usefulness of such purpose is twenty (20) 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 /appinger is hereby empowered and directed to authorize the issuance of and to issue bond anticipation 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 the terms, form and content thereof, and to execute the same in the name of and on behalf of this Town and to sell the same at public or at private sale and to deliver the same; and the full faith and credit of this Town are hereby pledged to the payment of the principal of and interest on all notes issued pursuant to this resolution by said Supervisor; all in pursuance of and consistent with the provisions of the Local Finance Law of the State of New York. Section 6. The validity of such bonds hereby authorized may be contested only if (1) such obligations are authorized for an object or purpose for, which said Town is not authorized to expend money, or (2) the provisions of law which sould be complied v: with at the date of publication of this resolution are not substantially complied with, 5 9-0' and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, (3) such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution shall be published in full in the W. & S. D. News, a newspaper regularly published in the Town of Wappinger, Dutchess County, New York, together with a notice by the Clerk of this Town in substantially the form required by and provided in Section 81.00 of the Local Finance Law of the Stale of New York. Section 8. This resolution shall take effect immediately. Seconded by: Mr. Bulger Ayes: 4 Nays: 0 Carried: June 8, 1967 TOWN BOARD, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AUTHORIZING THE TOWN SUPERINTENDENT OF HIGHWAYS TO PURCHASE HIGHWAY MACHINERY (TWO FWD DUMP TRUCKS), SUBJECT TO THE APPROVAL OF THE COUNTY SUPERINTENDENT OF HIGHWAYS, AND SUBJECT TO THE PASSAGE OE AN APPROPRIATE RESOLU— TION BY THIS TOWN BOARD FOR THE ISSUANCE OF OBLIGATIONS TO FUND SUCH PURCHASE. The failowing resolution was offered by Mr. Louis Clausen who moved its adoption: WHEREAS, the Town Superintendent of Highways of the Town of Wappinger has recommended the purchase of certain highway machinery consisting of two FWD Dump Trucks pursuant to the provisions of Section 142 of the Highway Law of the State of New York, and WHEREAS, the Town Superintendent of Highways has solicited and obtained bids from vendors for the furnighing of such equipment pursuant to the provisions of Article 5—A of the General Municipal Law of the State of New York, and WHEREAS, as a result of bids received, it appears that such equipment may be purchased for the maximum price of $16,285.00, per truck. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Superintendent of Highways of the Town of Wappinger is ' hereby authorized, empowered and directed to execute a contract of purchase for the aforesaid items of equipment from Hudson River Sales Corporation, 44 Manchest— er Road, Poughkeepsie, New York, for the total price of $32,570.00, the perform— ance of slid contract on the part of the Town Superintendent of Hicpways and this Town of Wappinger to be contingent upon and subject to the endorsement thereof by the DutchessCounty Superintendent of Highways, and further subject to the adoption of a resolution by this Town Board authorizing the issuance of obligations pursuant 5 ° to the Local Finance Law to finance such purchase. Seconded by: Mr. Louis Diehl Ayes: 4 Nays: 0 Carried: June 8, 1967 The following resolution was offered by Mr. Fulton, seconded by Mr. Clausen and Unanimously Carried. RESOLUTION, TOWN BOARD, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK APPROPRIATING FUNDS TO. PAY THE COST OF PREPARING A GENERAL MAP, PLAN AND REPORT FOR PROVIDING FACILITIES FOR A SEWER DISTRICT IN THE TOWN OF WAPPINGER, AND FURTHER APPROPRIATING FUNDS TO PAY THE COST OF PREPARING A GENERAL MAP, PLAN AND REPORT FOR PROVIDING FACILITIES FOR A SEWAGE DISPOSAL DISTRICT IN THE TOWN OF WAPPINGER WHEREAS, there are currently in existence in the Town of Wappinger two sewer districts, the Oakwood Knolls Sewer District and the Rockingham Farms Sewer District providing sewer service to certain residents and areas of the Town, and WHEREAS, the Town Board of the Town of Wappinger did heretofore and on or about the 14th day of April, 1967, enter into a certain agreement in writing for the purchase of the domestic sewage treatment and disposal plant and collection system owned by L. & A. Filtration Corporation, with the intention and for the purpose of furnishing additional sewer service to portions of the Town of Wappinger, and WHEREAS, the Town of Wappinger did heretofore and on or about the 25th day of May, 1967 indicate its intention to retain Adler -Brenner & Associates and Rudolph E. Lapar, as consulting engineers for the purpose of making a study, plan and report with respect to the formation of an additional sewer district in the Town of Wapping- er and the provision of domestic sewer facilities for the area to be served by said district and for the further purpose of making a study, plan and report with respect_ to the formation of a sewage disposal district to convey, treat and dispose of sewage collected from existing and proposed sewer districts, and WHEREAS, it appears to be in the best interests of the public to appropriate the necessary funds to pay the cost of preparing general plans, reports and maps for providing the aforesaid sewer improvements in the area of the Town outside of the Village of Wappingers Falls, NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger as follows, pursuant to Article 12C of the Town Law: 1. That the necessary moneys, not to exceed the sum of $5,000.00 be and they hereby are appropriated and authorized to be expended for the purpose of pay the costs and expenses to be incurred in connection with services to be provided by the aforesaid engineers for preparation of a map, plan and report for providing fac- 592 ilities for a sewer district in the Town of Wappinger as aforesaid, showing the boundaries of the proposed sewer system including all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and related public works, as well as the estimated cost for providing acquiring and construct- ing said facilities and system. 2. That the necessary moneys, not to exceed the sum of '5,000.00, be and they hereby are appropriated and authorized to be expended for the purpose of paying the costs and expenses to be incurred in connection with services to be provided by the aforesaid engineers for:preparatton of a map, plan and report for providing facilities for a sewage disposal district in the Town of Wappinger as aforesaid, showing the boundaries of the proposed district and,at•genera+101ani,of, the proposed system including the mode of constructing the sewage disposal fac- ilities and the location thereof, including trunk, interceptor and outfall sew- ers, pumping stations and sewage treatment and disposal works and related public works, as well as the estimated cost for providing, acquiring and constructing said facilities and system. 3. This resolution shall take effect immediately. Seconded by: Mr. Louis Clausen Ayes: 4 Nays: 0 Carried: June 8, 1967 The following resolution was proposed by Mr. Fulton who moved its adoption: WHEREAS, the Court of Appeals has set down for argument for June 15, 1967 the appeal of Richard Sardo and others to set aside the 1.8 million dollar bond issue authorized by the Dutchess County Board of Supervisors for the extens- ion of a runway at the Dutchess County Airport in the Town of Wappinger for a distance of 1,000 feet in a southwest direction, WHEREAS, the Town Board of the Town of Wappinger initially protested the adoption of such bond resolution; and WHEREAS, the Town Board initially and had continuously since the adopt- ion of said resolution opposed the extension of said runway, NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Wappinger confirm is position of opostion to and protest of the proposed extens- ion of runway on the grounds that it will create dangers and hazards affecting the lives, safety, welfare and property of the residents of the Town of Wappinger. Seconded by Mr. Clausen Roll Call Vote: 4 Ayes 0 Nays Carried: June 8, 1967 Rules were suspended to permit discussion with Mr. Lafko. 59 Mr, Lafko - relative to action taken on the Wildwood Roads - asked if there was any action taken earlier on the final settlement on the roads. When informed that a motion had been passed to instruct the attorney to proceed with action on the bond, he asked what happened to 'the negotiations for the completion of the roads, pointing out the fact that there had been several meetings with the Highway Superintendent, Attorney and Supervisor, Town Engineer and himself for the purpose of negotiations - trying to reach a satisfactory agreement on what the Superintendent of Highways requires done before the Town would consider acceptance of the roads. He said he was willing to comply with every point except resurfacing the entire 8,000 ft. of road. Gradually the discussion began to boil down to the question, should he finish the roads or does the Town take it to court. After continued discussion between Mr. Lafko, Mr. Quinn and Mr. K. Clausen, Mr. Lafko again asked if he should continue or stop. Mr. Clausen answered saying if he (Mr. Lafko) has a recommend- ation here for the Board tonight and could show them what he is going to do, as he was asked to do, he supposed the Board would rescind the motion. Mr. Lafko kept contending that he was trying to finish the road, but lust would not agree to requrfacing the whole road. He finally asked Mr. Clausen to send him an official letter of what he should do so that he can either go in and correct the conditions or know who will be responsible for the roads - he would assume that he would be receiving some legal papers this week - or else he'll go ahead. Discussion wound up with Mr. Clausen asking Mr. Lafko if he was willing to make a deal tonight, i.e. asking him why he didn't go in and fix the road that he thought he should fix and do what he was supposed to do and put in an application to the Town Board to take over the road. Then Mr. Clausen would take the Engineer/and invite the Town Board to look it over - if they okayed it he would be willing to re- commend the Town take the roads over. Mr. Lafko held to his one objection of having to pave the whole 8,000 ft. Motion was made and seconded to resume the rules. Motion was made and seconded, duly carried to adjourn. Meeting adjourned 1:05 A.M.. E$a i ne H. Snowden Town Clerk To Town of Fulton Wappinger Wepp1nger WARRANT , Supervisor , 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 15th day of June , 19._.17, 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 \'319 Associated Hosp.Serv. \4320 Rudolph E. Leper 321 Custom Cleaning Contr. x'322 Valley Tree Serv. \'323 A & P Tea Co.., Rte 9,W.F. "324 Grand -Way \1325M Ar I i ng ton Sporting Goods 7g4 -Me -1•n Et., Polk Beacon Distributing Co. \284. 414 AAin.,ceecon \326 \'327 328 \'329 330 \/331 \332 \333 \'334 \335\335336 337 038 Jon Olson 1'339 716 South Rd., Pough "340 ✓ 341 AMOUNT FUND OR ALLOWED ACCOUNT OTHER INFORMATION `137.91 T.B.-"D" lrtis. 6 P.T. `150.00 T.B.-Serv. ,f Eng. 1.105.00 * T.B.-T.H. 920.0C Recree t ion -225.99 ,t 36.7 NCIT'S sport ,[ore 387 Mill St., Pok 250.0 Hudson Valley Bldg. Met. 123 Rcmbout Ave.Beacon 133.3 A -i rence k:o., Inc. Hillside Lake Rd.,W.F. \-550.0 ti. a u i ruck i ng 15-D Chelsea Ridge,W.F. 126.0 Beatrice W. Salyer RD06, Hopewell Rd., W.F. Harry Straley Larry Pettit Central Hudson P.O. Box 312, Pough. Wappingers b So,.Dutch 20 East Main St.,W.F. Harry Straley Table Talk Pies 3 Buckingham Ave., ,Pk. Heikl•s Snack Foods 3 Dakin Rd., W.F. \-33 2 197.48 \18. V2. 188.6 \- 50.00 L/6.50 \-10.00 `'33.25 contractors Mach. Corp. 3747 Boston Rd., Bronx,N.'. 7.00 M M. M 4E" Imp. of 'B" P & P Rec. Youth kgency M M M "B" M M M M M M M M M N M Rec. Saler- "AI M M M Oper. 'B" Rec. Oper Rec. "8" MO" " (Field Day) M M M " M M M M M In Witness Whereof, I have hereunto set my hand and the Seal of the Town of PP i nger this _.16th..... ... ._day of June , 1967 [SEAL] Town Clerk WARRANT To .loseph.kl.._[piton , Supervisor Town of pp i nger , County of DgtChNee , New York. The following claims, having been presented to the Town Board of the Town of Wappinger , and duly audited and allowed at a meeting thereof held on the __L5.th_day of Juno. , 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. NAME OF CLAIMANT Ridgefield Farms 342 Fisbkill. N.Y. Mr. Merle Travis N'343 Robinson Lane, W.F. N344 Mrs. Alfred Arkell ?McFarland Rd., W.F. Robert Lee Stores \'`345 Main St., W.F. X346 \/347 John J. Bracone 91 W. Main St., W.F. IAMOUNT ALLOWED FUND OR ACCOUNT OTHER INFORMATION \-338.91 Rec. Oper. "B" \175.00 Rec. 'i Oper. \' 5.00 \-5.21 \6.40 Donald Nickerson Appleblossom Lane, Hope.J:t.25.00 348 dl Rosemary Fbwer Shop 1130 W. Main St., W.F. Dave Alexander 349 New Hackensack Rd., W.F. x'980.00 Rec. "E" x'10.00 Rec. "0" \350 \,35l 352 X353 1'354 \355 '/356 357 r 358 \'359 360 \'361 Pitney -Bowes, Inc. �\ Great Bear Spring Co. 56 Colonie St.,Aibany,N.YJ. Vince's Oil Service N " N N N Central Hudson P.O. Box 312, Pough. Matthew Masiello 12 Pleasant Lane, W.F. New York Telephone Eggleston Off. Equigg.CO., 4I -New Market St., Pough. Eggleston elf. Equip. N N N N McCombs Stationary 279 Mein St., Pough. Co, "362 Joseph Gutmann x'363 Joseph E. Ludewig, Ildg. r364 McComb's Stationary P \,, 279 Main St., Pough. 3.30 In Witness Whereof, I have hereunto set my hand 24.48 5.00 \'31.10 "'19.131 \131.871 68.681 \V4.00 200.55 \-19.17 561.20 \14.70 10.40 v20.30 `'29.10 NON N N N T„8._ TH "A" Rental N N N N T.B. TH "D" heat N N N N T.B. "D" T.B. TH N N lights Repairs "O" Telephone T.B.-TH "E" 1 g. In N ice E t r\4. uieo�it ofi Fiirti Assrs.Qf3f# oei .92 PT B. Insect. office & other 1.9 01— J.P. office P= , Bldg. Inspect. 6 other PT, Bldg. Inap. mileage 6 other PT, Bldg. I4p., mileage & other PT, Bldg. 14p., office 6 other and the Seal of the Town of Wappinger this 16th day of June , 1967 Town Clerk [SEAL] WARRANT To Joseph __H._.Eut_ton. , Supervisor Town of Wappinger , County of DV hilus , New York. The following claims, having been presented to the Town Board of the Town of Wapp_inger , and duly audited and allowed at a meeting thereof held on the __15th_day of June , 19..67._, in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM No. 365 \,366 3x47 \''368 `-369 \'370 \v371 372 X373 `374 "-375 X376 \v377 378 379 \380 \-381 \'382 \ 383 384 "385 \'386 "387 NAME OF CLAIMANT AMOUNT ALLOWED The Beasley Aoencv. Inc. 259.53 Roberts—Bolsa PapeTnio, x42.00 Chief Electronics, Inc. 14 No. Bridge St..Pough. 143.80 Feuer T Box 55, AVM Jamestown, N.Y., 147Q1 The Penna. Construction Co.. Marietta. Penna. s a tUV f cane.\ L®..� _ u 19.55 The Evening News W 4 S D News 20 East Main St.. WF Marine Midland Bank Poughkeepsie. N.Y. " 5.00 W b SD News `11.78 Poughkeepsie Newspe 's, 6.48 34.50 N " N 16.50 " N a 50.00 " N re 18.00 525.00 ✓`!20.56 '435.60 18.56 1,,r'0 The Campbell Press Messrs. Quinn b Reilly *• » " \-80.00 FUND OR OTHER INFORMATION ACCOUNT \c,93 D$9 �' -- Gen. F 6 P.O. Insurance TB — TH of r "E" TB "C" Pur ase of Furn. & Equip. TB Elects Other exp. TB Elect' Macb. L42 ,rte " C" TB Electton P TB Printing b Advtsg., all depts. TB Printing 3< Advtsg., all depts. TB Printing TB Printing 3, Advtsg., all depts. TB Printing 3 Advts4., alt dents. N N N N TB TB T8 TB N N n N N N N N N N N TB Serv. of N N N N TB " " N ' c100.hn, T B Edwin Hinamen, Postmasteir`235.00 TB — TH "EN R.J. Brooker Co. 105 Dutchess Tpk.,Pouoh. Williams Press' Albany, N.Y. s' Verner Christensen Olivetti Underwood Corp. 1 Park Ave.. N.Y., N.Y. `'524.Q0 Assessor — Office b other 7' In Wiil> rj Whereof, I hamehereunto set my hand and the Seal *the Town of '''7.87 x'6.50 \-13.70 Atty.& Exo. of lito, N N N N N N other Supery i sor oaf f i ce— other J of P office b other Assessors Milfage & other - this day of , 19 [SEAL] Ylikpp i ager Town Clerk To Joseph H. Fulton WARRANT , Supervisor Town of app i neer , County of Du tche Wappinger , 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 15th day of June , 196.7_..., 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. '388 \'389 \l390 `391 \v 392 N393 394 395 396 !'397 398 \-399 400 \'401 \-402 \'403 -'404 \-405 NAME OF CLAIMANT Mar t i n Leskow County Clerk, Dutch. Co. Martin Leskow Howard J. Walker Elaine H. Snowden 'Xerox Corp.+rch St.S P.O.Box02487, N.Y., N.Y. IWilliam J. Bulger IVincent S. Francese IJoseph Gu taesnn AMOUNT FUND OR ALLOWED ACCOUNT 5.32 \ 5.00 OTHER INFORMATION Assessors- mileage & other Assessors - other \/ 7.36 14.36 Assessors. miNeage, Misc.-Assoc. Towns (7.00) 18.70 .53 'v. 147.32 X14.50 2.55 290.30 Sloper-Wi 1 len Corm. Patti. 11,125.01 1 American Legion Post 427 7 Spring St., WF .00 Hudson Valley Blue Print,l Co., 29 Academy St., Pk. %'41.44 I 120aChurch St., Pk. 1\1 'Reichardt Flag Shop '90.10 Inc. L 35.70 Capital Highway Materials i i Axton Cross Co. ''26,00 se se to " " " I 35.75 E.C.C., Inc. Central Hudson G.& E. i 300.001 F331.801 ka`� I, y7 Misc. Assoc.Tdwns-300, Assrs.-other 15.70 T.C. - other "C" T.C. office other Misc., Assoc of Towns Misc., Assoc of Torras " et " Reserve Eqquipp- Misc., Ambul. Serv.-1,000.00. \/ 125.08 Misc., GF, t. Org. for rooms Misc., map 1 Descp. Patriotic Otjaerv. , 44E. Public Safety' Traffic "A" Signs Oakwood Keo 1 lis " N " " Rockingham - 33.12 190.68 33.12 In Witness Whereof, I have hereunto set my hand and the Seal of the Town of this 16th day of JQne..... , 19 67 [SEAL] Wappinger Town Clerk