1967-04-14 SPM531)
A Special Meeting of the Town Board of the Town of Wappinger was held on Friday,
April 14, 1967, at the Town Hall, Mill Street, Wappingers Falls, N.Y..
The meeting was called to order at 10:09 P.M..
Members present:
Joseph H. Fulton, Supervisor
William Bulger, Justice of the Peace
Vincent Francese, Justice of the Peace
Louis Diehl, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Louis Clausen, Councilman
Others Present:
Joseph Quinn, Attorney
Harold Reilly, Attorney
First item on the agenda was the petition involving Oakwood Knolls from
Mark Ritter.
RESOLUTION, NO. 29, 1967
RESOLUTION, TOWN BOARD, TOWN
OF WAPPINGER, DUTCHESS COUNTY,
NEW YORK, AUTHORIZING THE TOWN
SUPERVISOR TO EXECUTE AND VERIFY
CERTAIN DOCUMENTS PERTAINING TO
PURCHASE OF THE OAKWOOD KNOLLS
WATER SYSTEM AND AUTHORIZING
COUNSEL TO PREPARE BOND RESOLU-
TIONS IN CONNECTION WITH THE
PURCHASE OF THE OAKWOOD KNOLLS
WATER SYSTEM AND THE OAKWOOD
KNOLLS SEWER SYSTEM
The following resolution was offered by Justice of the Peace Francese,
who moved its adoption:
WHEREAS, the Town of Wappinger did enter into an agreement in writing
providing for the purchase and acquisition of the Oakwood {knolls water system
and the Oakwood Knolls sewer system from Ritter Construction Corporation, Oak-
wood Water -Works Corporation and Mark Ritter, pursuant to a resolution adopted
by this Town Board on October 20, 1966, and
WHEREAS, the Town of Wappinger has the duty, in the course of fulfilling
the obligations imposed upon it by the provisions of the aforesaid purchase
agreement, to join in an application to the Public Service 'Commission of the
State of New York for permission and consent to a transfer of the Oakwood Knolls
water system by Oakwood Water -Works Corporation to the Town of Wappinger, and
WHEREAS, a petition has been prepared in connection with such application
and has been executed and verified by an officer of Oakwood Water -Works Corp-
oration, and
WHEREAS, the provisions of the'Public Service Law and the rules and reg-
ulations of the Public Service Commission require that the Supervisor of the
Town of Wappinger execute and verify said petition and file the same with the
Public Service Commission on behalf of the Town of Wappinger, and
WHEREAS, the purchase of the aforesaid sewer and water systems is to be
financed by the issuance of long term obligations of the Town of Wappinger,
and,
WHEREAS, the Comptroller of the State of New York has heretofore consent-
ed to and approved of such method of financing, and
WHEREAS, it is reasonably anticipated that the transaction involving the
purchase of the aforesaid water and sewer systems will be consummated and closed
4O:
prior to the end of the month of May, 1967, and
WHEREAS, counsel to this Town Board has advised that resolutions authorizing
the issuance of long term obligations may be acted upon after Public Service Comm-
ission consent and approval is obtained, and
WHEREAS, counsel has requested authorization to prepare appropriate financing
resolutions in anticipation of affirmative action by the Public Service Commission,
and
WHEREAS, this Town Board deems it to be in the best interests of the Town of
Wappinger and its residents and citizens to authorize the Supervisor to execute and
verify the aforesaid petition to the Public Service Commission and to transmit such
petition, when executed and verified, to that agency for action, and further to
authorize counsel to prepare the aforesaid financing resolutions and to submit the
some to this Town Board after requisite approval of the Public Service Commission
is received,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger
as follows:
1. That Joseph H. Fulton, Supervisor of the Town of Wappinger, be and he
hereby is authorized, empowered and directed to take all steps necessary to execute
and verify the aforesaid join petition to the New York State Public Service Comm-
ission for consent to the transfer of the Oakwood Knolls water system by Oakwood
Water -Works Corporation to the Town of Wappinger.
2. 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 sub-
mit the aforesaid petition to the New York State Public Service Commission, and,
with the assistance of the Town's counsel and engineers, to appear before said
Commission in support of the petition.
3. That Messrs. Quinn & Reilly, counsel to the Town of Wappinger, be and
they hereby are authorized, empowered and directed to prepare resolutions auth-
orizing the issuance of obligations of the Town of Wappinger for the financing
of the aforesaid purchase, and to submit such resolutions to this Town Board
for Consideration and action after the aforesaid approval of the Public Service
Commission has been obtained.
Seconded by: Justice of the Peace Bulger
Roll Call Vote:
Vincent Francese_ Aye
William Bulger Aye
Joseph Fulton Aye
Louis Diehl abstained
Carried: April 14, 1967
Rules were suspended to allow discussion with Mr. Eck.
Motion made by Mr. Bulger and seconded by Mr. Diehl to resume rules.
Mr. Fulton stated that the next resolution was a contract, which all Board memb-
ers had received copies of and asked if anyone had any questions about it.
Mr. Diehl asked why there wouldn't be a referendum on it.
Mr. Reilly replied that a referendum wasn't in order as what the Board was doing
was entering into contract for the purchase. He added that there were many con-
tingencies in the approval that have to be obtained before it is a binding con-
tract on the Town.
Mr. Diehl said he thought it was for the good of the Town, but wanted to know
if the people in the district should be against it, could they have a referendum.
Mr. Quinn stated that there was no provision in Town Law for either a mandatory
or permissive referendum on the formation of either a sewage disposal district or
a sewer district. He further stated that it was contemplated that the existing
Oakwood Sewer District will be integrated into 2 Targe districts
5 41
one of which will
be a conventional sewage district and the other of which will be a sewage disposal
district which will be designed to serve essentially the whole Town of Wappinger
in progressive stages.
RESOLUTION NO. 28. 1967
RESOLUTION, TOWN BOARD, TOWN
OF WAPPINGER, DUTCHESS COUNTY,
NEW YORK, APPROVING THE TERMS
AND CONDITIONS OF AN AGREEMENT
FOR THE PURCHASE OF THE DOMESTIC
SEWAGE TREATMENT AND DISPOSAL
PLANT AND COLLECTION SYSTEM OWNED
BY L. & A. FILTRATION CORPORATION,
AND AUTHORIZING THE EXECUTION OF
SUCH AGREEMENT BY THE SUPERVISOR
OF THE TOWN OF WAPPINGER.
The following resolution was offered by William Bulger, who moved its
adoption:
WHEREAS, L&A Filtration Corporation is the owner of a domestic sewage treat-
ment and disposal plant and collection system maintained and operated in the
Town of Wappinger, Dutchess County, New York,
and
WHEREAS, by resolution adopted on October 20, 1966, this Town Board did
authorize, empower and direct the Town Supervisor, with the assistance of counsel
and engineers to the Town Wappinger, to continue and to complete negotiations to
acquire and purchase such facility and to prepare and submit to this board a
written agreement providing for such acquisition, and
WHEREAS, provision was made in the aforesaid enabling resolution requiring
that various conditions, more particularly described and set forth therein , be
made a part of the purchase agreement to be drafted and submitted, and
WHEREAS, pursuant to such authority and direction, negotiations have been
continued and conducted by and between representatives of the Town of Wappinger
and representatives of L. & A. Filtration Corporation, with the result that a
written agreement, providing for the acquisition of the aforesaid facility by
the Town of Wappinger, has been prepared and submitted to this Town Board for
consideration, and
WHEREAS, an examination of the agreement presented to this board for con-
sideration at this time discloses that the provisions thereof represent substant-
ial compliance with both the letter and the spirit of the aforesaid resolution,
notwithstanding the fact that certain'of the conditions prescribed by the afore-
said resolution have not been incorporated in such agreement, or, if incorporated
such conditions have been substantially changed and/or modified, or, that such
agreement contains new and additional conditions reflecting bona fide adjustments
and compromises arrived at in the course of negotiations between the parties, and
WHEREAS, representatives of L.'& A. Filtration Corporation have appeared before
this Town Board and indicated their approval of the form and content of the purchase
agreement under consideration and their willingness to execute the same, and
WHEREAS, this Town Board, after due investigation and deliberation, does deem
it to be in the best interests of the Town of Wappinger and its citizens and resi-
dents to purchase the aforesaid facility pursuant to the terms, conditions and pro-
visions of the written agreement presently under consideration,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger as
follows:
1. That the terms, conditions and provisions of the aforesaid written agree-
ment providing for the purchase of the L. & A. Filtration Corporation domestic
sewage treatment and disposal plant and collection system by the Town of Wappinger
be and they hereby are in all respects approved.
2. Theat all of the conditions set forth in the resolution adopted by this
Town Board on October 20, 1966, which conflict with the terms and provisions of
the aforesaid agreement and they hereby are rescinded.
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 execute and acknowledge the aforesaid agreement for and on behalf of the
Town Board of the Town of Wappinger.
Seconded by: Justice of the Peace Francese
Roll -Call Vote: 4 Ayes
Carried: April 14, 1967
Mr. Quinn indicated that it is the intention that these two matters which have
come before the Town Board, as far as sewer problems are concerned, are intend-
ed to dovetail. The proposed acquisition of Oakwood Knolls Sewer Plant pre-
supposes incorporation of the Oakwood Sewer District in the new and larger
district contemplated by the second resolution.
Mr. Worona respectfully requested that Mr. Quinn's last statement be incorpor-
ated as a part of the preceding resolution. He felt the intention of all
parties are expressed therein and it should be incorporated in the resolution.
Mr. Francese felt that the intent didn't have to be incorporated in the resol-
ution.
Mr. Diehl remarked that the vote points out the Board's intent.
Mr. Fulton: We have a building inspector . Gutmann, who is serving part time
now and he is a qualified and knowledgable plumber. l would like to propose to
the Board that we authorize him to attend a 2 week class at the University of
Gyrocuae" In conjunction with his job we could cut the sewer district cost
by having our own operator, operate under our own Town Engineer. It would be
well for us to have a licensed operator for plant emergency situations.
Mr. Fulton moved that Mr. Gutmann be authorized to attend a 2 week session at
the University of Syracuse, for the purpose of obtaining a grade 2 Sewer Plant
operators license, and authorize the elpend\ture of the $50 registration fee,
and his expenses. Seconded by Mr. gieh|.
Unanimously Carried.
Recess for 3 minutes -- 10:52 P.M.
Meeting called back to order at 10:54 P.M..
Mr. Fulton - on Local Law #2 - he pointed out that it had been modified thus
requiring that it go to public hearing again.
Mr. Bulger requested it be tabled for a week or so.
Mr. Fulton - regarding the highway trucks - his conclusions were, after extens-
ive investigation, that a Standardization Resolution might be a wise avenue
to pursue.
Mr. Francese: I've spoken with a couple of Town Highway Superintendents and
Everetts is the last one l spoke with - he is recommending standardization to
the Town Board. Gives him ability to have delivery of trucks when he needs them.
No. 2 standardization of -repair procedures.
Ability to have parts and tires available. I, too, have made inquiries and it
would give the Highway Superintendent greater latitude in being able to purchase
and immediate and proper repairs when needed.
Mr. Diehl wondered if a resolution of ;this nature would affect buying under state
contract.
Mr. Francese said if standardization puts the Town out of the realm of the State
contract he was against it.
Mr. Fulton pointed out that a standardization resolution could be rescinded at
any time.
Mr. Diehl: I move the meeting be adjourned. Seconded by Mr. Bulger.
Unanimously Carred.
The meeting adjourned at 11:03 P.A..
Elaine H. Snowden
Town Clerk
To Joseph H. Fut ton
WARRANT
, Supervisor
Town of Woppirg.er , County of DuIhess, , New York.
The following claims, having been presented to the Town Board of the Town of
Wapplyksisr , and duly audited and allowed at a meeting thereof held on the
26 day of AND 19...6Z in the amounts hereinafter respectively specified, and
a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM NAME OF CLAIMANT I AMOUNT FUND OR OTHER INFORMATION
No. ALLOWED ACCOUNT
228 A5's Tree Service 980.00 R•c. 'arks 5 Playgrounds, "E"
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of
this .. day of , 19 G1
...
[SEAL]
Town Clerk (