1966-11-22 PHTwo Public Hearings were held by the Town Board of the Town
of Wappinger on November 22, 1966, at the Town Hall, Mill St.
Wappingers Falls, N.Y.
Present:
Joseph H. Fulton - Supervisor
Louis C. Clausen - Councilman
Louis Diehl - Councilman
Others Present:
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Elaine H. Snowden, Town Clerk
Verne x Christensen, Charman of Board of Assessors
Harrold Reilly, Attorney
Joseph Ludewig, Building Inspector
Supervisor Fulton called the meeting to order and opened the
first hearing at 7 P.M. on Local Law #1 Providing for a Partial Tax
Exemption of Real Property Owned by Certain Persons with Limited
Income who are 65 Years of Age or Over.
The Clerk read the following notice of publication:
TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
NOTICE IS HEREBY GIVEN that the Town Board of the Town of
Wappinger, Dutchess County, New York, at a special meeting thereof,
held on the 8th day of December, 1966, duly adopted Local Law No. 1,
Year 1966, providing for a partial tax exemption of real property
owned by certain persons with limited income who are 65 years of
age or over.
NOTICE IS HEREBY FURTHER GIVEN that such Local[Law No. 1, Year
1966, is subject to a permissive referendum.
Dated: December 8, 1966
Elaine H. Snowden, Town Clerk,
Town of Wappinger, Dutchess Cty.
New York
The affidavits of posting and publication, duly sworn to and
notarized, were offered for the record. The Board Waived the
reading of the affidavits.
The Clerk was directed to read the proposed law.
Mr. Fulton asked if there were any persons present to speak in
favor of Local Law #1.
Mr. Cortellino, Wildwood Forest, asked if $3,000 was the maximum
combined income, and were the forms available.
Mr. Christensen said forms were available in the Assessors Office,
and that their office would be glad to assist anyone making applica-
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tion. He also noted that there have been several proposed amendments
that will be presented before the Assembly in Albany in the Apring.
Mr. Fulton noted that some of the requirements were: both owners
must be over 65, satisfactory proof of age must be presented and
applicants must have held title to their property for 5 years prior
to application.
Mr. Eck asked who was the author of this bill.
Sam Noto asked if railroad retirement would be counted as 'part of
total income - Government doesn't count it - he also asked if
Veterans pension was considered income.
Mr. Christensen said it was.
Mr. Reilly added that just about everything except gifts and inherit-
ances were considered income.
Mr. Napoleon stated that the people should be aware that any action
taken by the Town Board would affect only Town taxes, not the County
taxes.
Mr. Fulton added that County taxes would be affected if the County
passes it.
Mr. Cortellino said he would see no limit on the income of these
people. , He didn't feel that if a person has tried to save they should
be penalized.
Mr. Fulton asked if there were any persons present who were in opposi-
tion to this Local Law.
There were none.
By a show of hands there were 12 persons present in favor of adoption
of Local Law #1.
Mr. Clausen asked if the Board could be polled before closing this
hearing.
Mr. Fulton stated there would be no vote tonight, but the Board
members present could voice their feelings toward it.
Mr. Diehl was definitely in favor of it.
Mr. Clausen said he was wholeheartedly in favor.
Mr. Fulton stated he also was in favor of it.
Mr. Fulton asked if there were any more questions or if anyone else
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wished to speak.
Mr. Reilly suggested the audience be made aware that applications
must be submitted 90 days prior to Aug. 1st, which is the date for
filing the final assessment roll - May 1st is the deadline.
Mr. Christensen advised that he would be in the office every Monday
all day to be of service to anyone who wished assistance. He also
stated that new applications would have to be submitted each year.
Wasili Reip, Old Hopewell Road - Speaking for Oak Grove Grange, said
the Grange would like to know what the Board was doing now.
Mr. Christensen told him that within a few weeks he would have all
the facts and would make them available.
Mr. Diehl moved the t'Public Hearing on Local Law #1 -be closed.
Hearing closed at 7:40 P.M.
Supervisor Fulton opened the Public Hearing on L & A Filtration
Plant at 8:16 P.M.
The Clerk read the following notice of Public Hearing:
NOTICE IS HEREBY GIVEN that pursuant to the provisions of
Town Law, a Public Hearing will be held by the Town Board of the
Town of Wappinger on the 22nd day of November, 1966, at 8:00
o'clock in the evening of such day in the Town of Wappinger Town
Hall, Mill Street, Wappingers Falls, Dutchess County, New York,
for the purpose of examination and review of a proposed contract
with the L & A Filtration Corporation for the acquisition of a
domestic Sewage Treatment & Disposal Plant and Collection System
and the appurtenances thereto presently constructed and erected
upon certain real property situate in the Town of Wappinger,
Dutchess County, New York.
PLEASE TAKE FURTHER NOTICE that at the said time and place the
Town Board will hear all persons wishing to speak in favor of the
proposed contract or in opposition thereto.
BY ORDER OF THE TOWN BOARD
s/ Elaine H. Snowden
Town Clerk
wappingers Falls, New York
November 7, 1966
The affidavits of posting and publication, duly sworn to and
notorized, were submitted for the record and the Resolution
authorizing the acquisition of L & A Filtration Plant was read.
Mr. Worona requested the reading of the affidavit of publication.
The Clerk read affidavit of Publication.
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Mr. Fulton said as he understood it the contract had not been drawn
up.
Mr. Reilly confirmed this statement.
Mr. Fulton said the Hearing would be adjourned until necessary
engineering reports were presented and a contract has been negotiated.
Mr. Reillysuggested that anyone in favor of, or in opposition to,
the resolution could be heard.
Mr. Worona, representing L & A stated he was at a loss as to why
Mrs. Snowden had read the Resolution, except that it did indicate.
an exercise by the Town to attempt to acquire the L & A Plant. .He
said he felt the Public Hearing was called for the purposeof review-
ing a contract. He took the position that the Town of Wappinger did,
on Oct. 6, 1964 enter into a contract, signed by the then Supervisor
Linge on behalf of the Town, giving the Town the option to purchase
L & A pursuant to the Transportation Corp. Law. He read from Article
10, Sections 116 and 120 Transportation Corp. Law..
He had a copy of the contract, dated April 6, 1964 and requested
the Board to authorize the Supervisor to sign one copy. He didn't
feel it was necessary for any other contract to be prepared. He
submitted that all were still governed by the State of New York Laws
of contract, and asked that the L & A Plant be acquired in accordance
with the option he felt had been exercised. He asked the Board to
set in motion the machinery necessary to take over the L & A Plant
and pay for it under the condition of the old agreement.
Mr. Fulton asked if the option price on this old contract was $300,000.
Mr. Worona replied plus any additions made to the plant from that date.
In the event L & A shall make any additions, or extend the collection
system, The Town Board, acting for and on behalf of the Town, shall
have an option to purchase the plant at a price determined by an
Engineer. Depreciation shall be deducted.
Mr. Fulton pointed out that there was an option price plus cost of
all additional extensions. He asked Mr. Lafko if he was wrong in
saying, regardless of this, that the price he has offered the Town
was a flat cost of $300,000.
Mr. Lafko said that was correct, he stated that in view of Federal
Town, legislation, which changed the manner in which the Town was going
to proceed and acquire additional facilities, he was asked if he would
.waive that phase of additional costs. He had, at that time, flatly
stated that it would be a net of $.30.0,000 - as long as the figure
would come to a net of that.
Mr. Worona pointed .out that Mr, Lafko had agreed to. accept $300,000,
but didn't agree to waive his contract.
Mr. Fulton stated that the Board wanted_an additional agreement of the
waiver of additional costs.
Mr,, Worona said they had been prepared for a.. year to do this. They
had agreed with Counsel not to continue any proceedings. At no
time prior to this was there ever any mention made of another contract.
Mr. Diehl and Mr. Clausen both expressed their opions that it had
been the intention of the Board to go along with the $300,000 - and
they both agreed that they felt the Board was probably in neglect that
a contract hadn't been specifically signed stating this. It was.
anticipated that a contract would be before the Board tonight.
Mr. Reilly reminded the Board of the circumstances surrounding the
absense of a contract.
Mr. Fulton took the position that the purchase of L &.A was part of
a plan for a Sewer District, and he wanted the plan down solidly.
Mr. Diehl felt that the hearing tonight was not accomplishing anything,
that a definite date should be set and have the report from the
engineer.
Justice of the Peace. Francese joined the Board.
Mr. Worona was under the impression that the Public Hearing had been
called to review a contract and was surprised to hear that one of
the reasons they couldn't proceed was the lack of an engineers report.
Mr. Fulton flatly stated there was no contract.
Mr. Worona believed that a contract properly entered into by the
Town Board with L & A was an agreement (referring to the old contract.)
Mr. Reilly asked him if he was willing to enter into a contract with
the conditions of this Resolution.
Mr Lafko and Mr. Worona both answered -no. -
Mr. Recchia had several questions to ask the Board. One was what the
tentative boundaries.of this area are: who would pay for this district
and if a petition requiring 51% resident agreement had to be signed.
He was told that Mr. Vincent Kelley would be: assigned. •to draw up
the Boundaries, the residents in the District, only. would pay for
disposal services and:that a petition was not required.
Mr. Recchia inquired if the District would have to be legally formed
before the purchase is -made.
Mr. Reilly said it would. -
Mr Clausen inquired if a permissive referendum would be required
and was informed that under new conditions, it wasn't.
Mr. Fulton asked Mr. Lafko what his objections were and Mr. Lafko
answered that he was being asked to sign this 'contract ahead of time
and at -the same time being asked to lift all litigation. He felt he
would be:le-ft holding the bag if the transaction didn't go through.
Mr. Diehl made a motion that this Public Hearing be adjourned until
Dec. 1st and in the meantime the Attorneys to the•Town present us.
with,a final contract for that meeting -to accept or reject or
consider, and at the same time that the Engineer provide all avail-
able Information for the same night. Seconded by Mr. Clausen.
Motion Unanimously Carried.
Meeting -adjourned 9:50 P.M.
Elaine H. Snowden
Town Clerk