1966-09-29 SPMSpecial Meeting of the Town Board of the Town of Woppinger was held on
Thursday evening September 29, 1906 at the Town Hall, Mill Street,
Wappingers Falls, New York.
Present:
Joseph H. Fulton—Supervisor Louis D. Diehl—Councilman
Vincent B. Francese—Justice of the Peace Elaine H. Snowden—Town Clerk
Louis C. Clausen—Councilman
Absent:
Wi| | |mm J. Bu|ger, Justice of the Peace
Others Present:
Joseph D. Quinn, Attorney for the Town
Supervisor Fulton called the meeting to order 7:55 P.M.
1. Mr. Fulton: We have the matter of the D.C.R.Realty Corp. for rezoning
before us. The recommendation we received from the Planning Board was
favorable toward a rezoning. It has been held up in view of the fact
that we've been in the process of contracting with the Planning Consultants
Raymond & May. As l understand it there is a trucking company especially
interested in it. In light of the fact that there has beep a delay in
contracting with the consulting firm, and D.C.R. has expressed an
urgency that their petition be acted upon, l would like to suggest we
set a Public Hearing on it.
Mr" Diehl made a motion to set a public hearing on the petition of D.C.R.
Realty Corp. & Megtam Corp., for rezoning a parcel of land off Route 9 and
Cooper Rd. from R.D. 20 & R.D. 40 to P.I., Tuesday, Untober.|8/ 1960
seconded by Mr. Clausen and unanimously carried.
2. A resolution for establishing schedule for expansion of existing
facilities of the Rockingham Farms Sewer District for the conveyance,
treatment and discharge of domestic sewage was presented.
Mr. Quinn explained it was a technical request to New York State Health
Dept. for expansion of facilities of the Rockingham Farms 15ower District
to include Mr. A|perts Dutchess Heights Subdivision.
The following resolution was proposed for adoption by Mr. Diehl anti-
seconded
ndseconded by Mr. Francese (to be printed in minutes). Ro(/` Call Vote
4 ayes.
3. Mr. Fulton recommended to the Board that the time of the meetings be
changed from 8 P.M. to 7 P.M. with the hope of ending before (| P.M.
Mr. Francese to Mr. Quinn: At our Heorganizationo| meeting, we set a
date and time for our regular monthly meeting, at this time we can change
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that time?
Mr. Quinn: All meetings, except the reorganizational meetings are special
meetings throughout the year. I don't think you will encounter any
difficulty.
Mr. Francese: In view of the fact that we have had a heavy workload I
think a motion to that effect would be in order.
Mr. Fulton: Could we amend it to include a termination time?
Mr. Francese: What if there was something pressing before the Board?
Mr. Fulton: We could waive the termination.
Mr. Clausen: It seems to me there should be another way of handling it.
I think to pass a resolution to limit the time, and possibly conducting
meeting as we have in the past, isn't really settling anything. Setti;g
half an hour for open discussion and not suspending the rules so frequently
I am not happy with the way the meetings have been run - listening to a
lot of repetition. I am certainly in favor of the 7 o'clock time,
but I would not be in favor of setting a termination time. Let's work on
running the meetings in a little more streamlined manner.
Mr. Francese: II think the Town Board has the right, at any time tcs adjourn
the rest of the meeting to a later date.
Mr. Clausen brought out the issue of time, with people waiting to be
heard, and the danger of time consumption on prior
items on thne agenda.
The first Thursday fater the first Tuesday of each month, for 7 P.M. o'clock
instead of 8 P.M. o'clock as origionally set at the Reorganizational
Meeting. Seconded by Mr. Diehl. Motion Unanimously Carried.
4. Problem of Dorothy Heights -
Mr. Fulton: The developer is demanding that we remove our obstac*e There.
September 8, 1966
Town Board, Town of Wappingers
Main Street :
Wappingers Falls, New York
Re: Wappingers Apartments 2nd.Corp.
Gentlemen:
This office represents Wappingers Apartments 2nd Corp. the owner
df premises at the southerly end of Dorothy Heights Road. The corporation.
has under construction an apartment house on its premises and when
completed the only direct access to such apartment house would be through
Dorothy Heights Road.
2 8
We herewith put on notice that said barrier must be removed
The Town of Wappinger has no legal right to bar my client or its
tenants from access to such road.
Please advise the undersigned as to the action to be taken by
your Bo;:ard in regards to such barrier.
Yours truly,
s/Maurice Phillips
Mr. Diehl: In regard to Dorothy Heights, I am still Personally of the
opinion I would like to see it remain closed. It just seems to me this
road was always a dead-end street, and in my opinion, we should have a legal
right to.allow it to remain as it has been, a dead-end street.
Mr. Fulton: It seems the feeling of the Board is that this should remain
a dead-end street. Listening to some of the residents, they were not
invited to a putlic hearing whereby the high-rise apartments were
discussed. They feel it was never the intent for Dorothy Hieghts to be
opened to that project. I think there are a lot of questions unanswered
here. I think we should try to defend it and try to find an answer to the
problems, and try to keep it closed.
Mr. Francese: I have the feeling that these people have a right to use the
road since they are abutting owners. I feel that there were irregularities
at a Village Planning Board meeting when this thing was discussed. When
residents left that meeting they had the feeling that there would be no
access through Dorothy Heights. I am almost positive there will be
legal action should we continue. Will we, or will we not, defend an
action against the Town,?
Mr. Clausen: If the attorney for the Town hasn't already checked into the
minutes of the Village Public Hearing, we should ask him to.
Mr. Francese: We did check with the Village Planning Board and the
claim there were no such statements made at this hearing. There were
people who did attend and got_this Impression. To go even one point
further, I have conferred with members of the Village Planning ®card and they
hope that they would have access and school buses would travel through
where they never had done it before. There were people on Dorothy Heights
who were under a different impression. They may have been irregularities.
Mr. Clausen: If it has to be defended, let's defend it, unless the
attorney can tell us one way or the other.
Mr. Quinn: I think your position of watching and waiting has got something
to be said for it.
Mr. Frances mode o motion, seconded by Mr. Diehl to table any action to
o future date. Unanimously Carried.
5. Louis Clausen -
Mr. Clausen: The minutes of September 8, 1966 meeting are not ready yet. What l
was on the agenda for, was in the minutes of that meeting. l wish to be on
the agenda of the next meeting when the minutes are in our possession.
6. Date on Setting Budget - Botweer the 1st and the 5th the estimated
budget must be presented to the Town Board. By the 10th o preliminary
budget must be adopted.
Mr. Diehl mode o motion that the Board meet Monday, October 3, 1966, 7P.M.
for the purpose of accepting the budget ext|mates, and informal invitations
be given to all 'Dept. heads to be present at this time. Seconded by
Mr. Clausen. Unanimously carried.
Mr. Fulton: The Library Committee wants to meet in n session with the
Town Board. We can have a meeting on the 3rd with them also.
Mr. Clausen: The radio station, WHVW, has contacted me and is quite
interested in what apears to be n problem of sewage in the Town of
Wappinger. They would like representatives to appear on "Open Line"
tomorrow. I have already accepted. They would like the Supervisor
to go on with me from 12:05 to 1:00, to discuss potentiol problems and
existing problems in the Town of Wtppingor" l invite you.
Mr° Quinn: l would warn the Board that we have litigation in the courts.
Mr. Fulton: I don't think sewage and water in the Town of Wappinger warrents
this at all. Generally l don't think we have great problems. We have one
or two, maybe. l know, at this time, of no pollution in the Town of
Wappinger. As a matter of fact, I don't see where there could be. Do
you (to Mr. Clausen) know of any problem areas where we definitely have
pollution?
Mr. Clausen: l have had on invitation for us to appear on "Open Line"
to discuss problems we may have in the Town of Wappinger. We appear as
guests of the radio station. [ will say tho1l think the invitation still
holds.
Mr. Diehl: Is he appearing on station as o Coundi|mon? He can still be a
taxpayer.
Mr. Quinn: The only thing l can say is that we are defending two lawsuits -
one action by the County of Dutchess involving Oakwood Knolls sewer plant
and another for damages of the Ritter Construction Corp. involving the
water shut off. They are both pending in the New York State Supreme Court.
Anything said as n matter of public record is permissible as evidence against
the Town of Wappinger. No one on this Board would knowingly say anything
detrimental to the Town of Wappinger. The other litigating parties could
take advantage of anything said in conflict, to our detriment.
Mr. Fulton: Is there any member of this Board who knows of pollution or
contamination in the Town.
Mr. Diehl: I know of none.
Mr. Clausen: Do you know, at this minute, that there is not pollution in
the Town of Wappinger?
Mr. Fulton: We are under the Jurisdiction of the Dutchess County Health
Department. Furthermore, as far as the water and sewage problems in the
Town of Wappinger, so much has been made of this, especially in regard to a
particular problem we have, which has been kicked around quite a bit.
I feel that the solution to this problem is on its way. It is not a
pollution problem. I might say that I have had some of the effluent
from this particular plant tested. I would like to hear from the Board
specifically what this is all about.
Mr. -Diehl: I_have heard various operators say :that if you put enough
chemicals into it, it doesn't have.pollution. It's not a good operation,
but it's not polluted. I think- the line is fine, .I think some of the
operations are very bad. I certainly don't have anything positive that
I want to go on the radio and state. If any member has anything positive
and wants to go on the radio and state it, I think it is his right. I.
have heard operators say that by putting enough chemical in and shooting
It,right:through; you end up with no pollution. -,,I don't like it but it's not
pollution:
Mr. Diehl: I thank_ the .radio station, and I mysel f_ wi l l be unable to
attend..
Suspend rules motion made by Mr. Fulton, seconded by Mr. Clausen. Motion
Unanimously Carried.
Mr Lafko-asked what was the end of the: discussion?
Mr. Diehl: 'I don't: thinknthere.was.any decision made -here at all,
Mr. Francese: . There: was no-' decision to be made.
Mr. Fulton:-. I 'stated that I know of no pollution in the Town of; Wappinger at
this time.- I think it is weii under;control'and,has been undercontro_I,
and 4 -think we're -working - towards a solution. Although the problems of
water and sUrerare eery interesting and complex'sometimes, i can't see
going -on -:the radio.
R5.5
Mr. Lafko: It would help us to know what took place at the meeting in Albany.
Motion by Mr. Clausen, seconded by Mr. Francese to resume rules. Unanimously
Carried.
Mr. Fulton: The conference in Albany Thursday was a conference which wase
Joint conference with Assistant Solicitor General and officials of the.
New York State Health Dept. — Frank Bogeden and Mr. Dermit Reilly,
Counsellor, Dr. Vassallo and Jack Hill of the Dutchess County Health Dept.
Mr. Quinn, myself, and Mr. L'Archevesque. The conference was of this
nature,— we went to him and stated the problem. Each one made comments
on the problem. As a result of this conversation , contracts came up
between the Town of Wappinger and the owners of the sewer system, the
litigation of LB,,S against the district. It was all mentioned as some of
the problems that exist here. The Solicitor General thought that in view
of what he heard, he would like to have a meeting between Counsel to Town
of Wappinger and Attorney for Ritter Construction. They would have a
discussion and talk over some of these problems that we exposed to him,
and he said that there would be two meetings — first with attorneys, and next
with Ritter and myself and Health Dept. He mentioned that the meeting with
the attorneys would be held within 10 days.
Mr. Worona: Litigation has been mentioned. May I respectfully request
that I be included in that counsel. I think that we have a right.
Mr. Fulton: The Solicitor- General chose who was to be at this meeting.
Litigation was only mentioned. There was no discussion.
Mr. Worona: I should imagine we would have a right to be present at such
a conference. The litigation was mentioned in this discussion and as a
result of that litigation, we are at the present state of affairs, and•I
think we have a right to be in on any negotiations or discussions..
Mr. Fulton: I see no validity to your request.
Mr. Quinn: What the Solicitor General's office is doing here, is trying
to make a determination, a Resolution of two points — 1. Whether the
material gathered on this is adequate. 2. Whether pending litigation
will resolve the matters that are involved. 3. Whether Attorney General
of the State of New York will decide to intervene or not in pending
litigation. This meeting and counsel to attend, were specifically
chosen by the Solicitor General. What the Solicitor General's office
and the Health Dept. want to see is a solution to this problem. Their
suggestion is municipal ownership at the earliest date, and at the best
means possible. For this reason, I think that probably this would serve
no purpose, it probably would Just -cloud the issue. They are going''to
call "theheads of these various problems back in again. I would say this
that the Commissioner of.Health of Dutchess County and e member of his
engineering staff indicated that, to the best of their knowledge, there
was no indication of pollution in the Town of Wappinger at the present
time.
Mr. Worona: We have, for a period of almost a year, suspended, at the
request'of th'e Town, any further proceedings We are vitally concerned
with the:outcome and we. would like' to know=-jf it is "intended at this
point, inview -of those-resolutions,•to await outcome of the meetings.
Mr. Fulton: I don't see where it fits into the picture et all from my
conversations.
Mr. Worana: I•respectfully ask you whether or not, and how far, that
has progressed, and whether we should anticipate a further delay.
Mr. Clausen: I think a•request has been made in good faith. I would
like to see fairness to all parties. I think you, as Supery-isor, should
at least accept the request and possibly ask'Solicitor General if Mr.
Worona'coUld be present.' There may -or may -not be,need for it. I think
a legitiMate offer has been made to the-TownBoard.• -
Mf -4 Fulton: I- have been to this conference, persona I -I y I don r t see where
it fits into the picture at all.
Mr. Francese: 1 think Mr.-Worona has' -a' legitimate cause here, and I
think he should contact the Soljcj7tor General.
Mr. Fu•Iton:I don't want to impose on the Solicitor General.
Mr. Clausen: I would like to make a motion that any requests by'attorneys
involved In problems that will be, and have been, discussed in Albany •
in -reference to any plants in the Town of Wappinger, I think we should,
in gbod=faith, pass -this request on.
Mr. Quinn-:- Any practicing - attorney, private• of governmental, has aright
to call on any member of the court to -request to be present, and he
doesn't need the assistance of the Town Bbard in that respect.'
Motion seconded by Mr. Diehl. Motion Unanimously Carried.
Mr. Francese: As a= matter -of courtesy;. we should notify the Solicitor,
Genera I-, t -ha t Mr.= Worona has made• request to• the ,Town Board.
Mr. Clausen: 'Is Russell Aldrich attending these meeting?
Mr. Quinn: No, sir.
Mr. Clausen -made a.motion to suspehd rules, seconded by)Mri. Diehl.
Resident - a mostjon was passed'to have the Town draw up papers for'
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purchase of L&A sewer plant. Any report?
Mr. Quinn: The authorization that was given to counsel and Supervisor
was to enter in to negotiations for the pruchase. When a concrete proposition
can be offered to the Board, counsel will present and will draft a
proposed agreement which is subject to the pleasure of the Board,
whether they approve of the terms of it, want it revised or changed,. or
whatever.
Mr. Clausen to Mr. Quinn: As I understood the resolution you were
empowered to finalize price and contract to be presented to the Town
Board. The motion meant that you were now to finalize plans for sub-
mission to the Town Board.
Mr. Quinn: This gentleman is talking about L&A. I sat down with the
principals and I feel that we have made very good progress. I assume
that you. intended to give us discretion to make a report of negotiations
to present time,.and prepare a proposed agreement.
Mr. Francese: I understood that we authorized them to enter into
negotiations to that this can be finalized.
Mr. Clausen: Was it authorized to negotiate or authorized to finalize,
there is a difference. The Town Board is waiting for the attorney to the
Town to present to the Town Board what he and the interested parties had
discussed, and we could sit down and look, it over and discuss it.
Resident: What has been done, and what point have you reached?
Mr. Quinn: I have met with. representatives of L&A and I feel that we
have reached. a good understanding and have made very good progress.
Resident: Has preliminary agreement been drawn up/
Mr. Quinn: No sir.
Mr. Fulton: He is working on negotiations. There was no deadline set.
Mr. Quinn: We have a good basis for agreement. Would be in a position
to present something to the Town Board shortly. I think it would be
disadvantageous for the taxpayers of the Town of Wappinger, and
particularly the people who would be involved with the so-called L&A
district, to completely divulge all information.
Motion made by Mr. Clausen, seconded by Mr. Francese to resume rules.
Mr. Clausen: It seems a complex problem. I do agree that any time you
start discussing Oakwood Knolls, this franchise situation seems to be
fly in the ointment. If it wasn't the intent of the Town Board to
finalize a contract to bring to the Town Board before, I would like
to make a motion now that the attorneys bring a proposed plan in to
Town Board as soon as possible.
Letter in reference to Dutchess County. Airport Extension was received
from President of the Quiet Acres Civic Association, Richard Sardo.
He dwelt mainly on the stand of the:Supervisor and the Town Board on.the
Southwest:Extension of the Runway. Insinuated that possibly the members
of the Board had been "approached.or:pressured by influential County
and Industry officials, to withdraw opposition to the SW extension"
Accused them of a,"turnabout.attitude".
Mr. Diehl.:. I would .like to' say ,that, the letter is very straightforward
and to the point, and also.es I remember the -feelings of each member of the
Board, .I .,feel that we did:make this stand and we made it very strong.: We
have now become a real weak sister on it. I.thjnk.it covers the .entire
Town of Wappinger. Also, the Village was definitely interested. and
efa.inst it. .I think.we..shouid still stand as straight as we did.and
take,eny legal action along with the:civil group. We said we'd fight it
to the end. ,I remember each Board member said this.
Mr. Fulton: First of -all, what the.Town.Board does is the perrogative
of the• Town :Board .: - I have had no reaction. I think the wording of this
letter is repulsive and disgusting. .I.think-it is like e child. We've
done about:everything we can do on this. -.1 read this letter and it:made
me a little bit sick.
Mr. Diehl to Mr. Fulton: Thereis no question .that the attorney, Town-
Board,,and.you'rself certainly put in e Iot.of time fighting this. 1
think the.=point is now that we have, let. down. We're no t pushing, we've
stopped. Where do we go from here?
INr. Clausen:, PossibIy.we don: t have: aI I- the 'facts here. Whathas the.
Board of Supervisors done -to finalize action to go soughwest?
Mr. Fulton: There is no question of- the:posi tion -of the Dutchess County
Board' of Supervisors.
Mr. Clausen: What -.are.;steps to defend our.. position?
Mr. Quinn: Mr. Diehl wasn't here at an adjourned meeting held on
Sept. -15; 1966 -when- Mr. Sardo. and Mr".- Harding:and other.' members of the.
Quiet -Acres Associationwere here. I don't think Mr'. Francese was here
either.
I was shown a copy of this letter about,a quarter to seven and
I was a bit' surprised in the contents of1it. :A gentleman from Quiet:Acres
asked Supervisor what action was taken. by the County. They wereinformed
by- the , Board . - -Counsel -was ca l l e& upon - to state what rights we had to
oppose -this matter. They -were advised that we thought:the Town -of
Wappinger no longer had any legal states. The only.actien-at this time
would be a taxpayers' action under Section 51 of the General Municipal
•
2 5Si
Law. Some member of the public that night asked what our success would
be in making application for both temporary and permanent injuctions.
We informed them that we thought it would be impossible to show threat
of irreparable injury. I advised the people from Quiet Acres and
members of the public that night that what was involved here was the
possibility of an invasion of their privacy and detrement of their
rights. The Town has no status to -bring taxpayers' action. An Astoppo
notice was published last Thursday night. Quiet Acres people have 20
days in which to instate a proceeding. If this town institutes any
kind. of a proceeding it will be dismissed somewhere in the courts.
I indicated there might be action on the part of the individual
taxpayers. At that same meeting, those who were present accepted, for
what it was worth, my explanation of may legal position in the matter.
They then went into a discussion of the possibility of increased hazard,
necessity of control tower being erected. Possibility of investigation
being called for by having this Town Board writing a letter to Mr.
Lafko and having him call in experts. It was said there was no sense
in writirggathis letter because such a letter was written awhile ago.
Any Lawsuit must lie with the people who may, or will be, directly
affected by operations resulting from this extension.
Mr. Sardo suggested that the Town let their attorney come into our
lawsuit as a friend of the court. He mentioned that the Village is
interested, the Jaycees are circulating petitions are being circulated
county wide.
Mr. Fulton: Tel the association I think this is a disgusting statement.
As far as the conditions of the ILS and taxpayers' suit, there are grounds
under which a suit could be instigated. There was a possibility here of
a suit. The situation there has changed. They've eliminated this ILS
and they have gone to this 1,000 ft. extension. The degree of safety
has moved in our favor.
Mr. Quinn: Back in April the Supervisor and Town Board indicated they
would take legal action to prevent extension of this runway. We appeared
before the FAA
in Washington. We appeared at Kennedy Airport. In behalf
of the Town we did achieve a certain measure of victory in this thing.
The FAA refused to give funds for the extension which was proposed.
They have indicated their intention to restrict weight loads on aircraft
and so forth. At the hearing at Kennedy it developed that if ILS was
formed it would come up the main.street of Quiet Acres. I have a
letter in my file sent by Quiet Acres Civic Association thanking us for
the efforts we have made in this direction. There comes a time where,
from a legal point of view, there are no possibilty left. I have
weighed every side of this thing and if I thought there was a possibility
of success in litigation we would have been in the courts by now. This
Town has no status in taxpayers' action. The residents ofQuiet Acres,
1
I am sure, will have some of their properties violated by the extension
-
of this proposed runway. Any taxpayers in the Town may institute such
an action.
Mr. Sardo: Then I am to understand there will be no action by the Town,
and I get the impression that we as taxpayers do not have much to stand
on.
Mr. Quinn: I did not say that.
Mr. Fulton: I don't think it would have an affect.
Mr. Worona: If the runway does accomplish what we think it will,,without
the extension, I think the Town might have an interest in it and I don't
think the expenditure of funds would be considered unconstitutional. The
Town is vitally affected all over.
Mr. Diehl: In regard to the funds, what would an application of this type
cost?
Mr. Quinn: It is difficult to tell. I can tell you this, if a taxpayers'
action is brought, there is going to have to be quite a fair amount of
money spent for expert testimony, engineering, and so forth. I think the
County of Dutchess has demonstrated that it will appeal such action as
this. I can think of legal fees running fairly from $4,000 to $15,000.
I can see this thing going on for several years. I think the legal fees
would be rather small compared to engineering testimony, aviation testimony.
Mr. Diehl: The information is of no use now.
Mr. Quinn: I don't think anyone can stand on the grounds of safety. It
could be invasion of property rights. Any lawyer that conducts such an
action will need the testimony and consultation of experts.
Mr. Harding: If we can stop them from floating a bond issue and stop them
from putting jt.through even if you put them off, you have accomplished one
part of your objective.
Mr. Diehl: Is it possible, that considering that the Village is interested
in this too, could a joint suit be brought with the Village?
Mr. Worona: What would be the harm of setting up a joint meeting? I think
possibly this might have a Joint interest. Maybe the funds could be found
257
'somewhere.
Mr. Harding: May I ask that the Board consider this be made into a resolution.
Mr. Diehl: I suggest we meet with the Village Board or contact them in this
matter. We should work to back up the Civic Association.
Mr. Clausen to Mr. Diehl: I agree with you. You said the people have
20 days, would this go for us too?
Mr. Quinn: The only way we could commence litigation would be to seek
injuntion on the basis of threatened irreparable injury, I personally
feel that would be an abuse of our professional ethics to commence such
litigation. I don't think I can put it more strongly than that.
Mr. Francese: We will take it under advisement to meet with the Village
Board.
Mr. Worona: Might the Town consider asking the Board of Supervisors to put
the matter on the ballot.
Mr. Fulton: I brought it to a vote and it was turned down at the meeting
of the Board of Supervisors.
Motion made by Mr. Diehl, seconded by Mr. Clausen to adjourn at 10:05 P.M.
A