1967-01-30 SPMA Special Meeting of the Town of Wappinger Town Board was held
on Monday, January 30, 1967, at the Town Hall, Mill Street,
Wappingers Falls, New York.
Members Present:
Joseph H. Fulton, Supervisor
Louis Diehl, Councilman
Louis Clausen, Councilman
Elaine H. Snowden, Town Clerk
Members Absent:
Vincent S. Francese, Justice of Peace
William J. Bulger, Justice of the Peace
Others Present:
Joseph D. Quinn, Jr. Attorney to the Town
Harold H. Reilly, Attorney to the Town
Knud Clausen, Town Superintendent of Highways
Supervisor Fulton called the meeting to order at 8:09 P.M.,
apologizing to the public for the delay in opening the meeting.
He explained that the Board had met in an executive session to
discuss a few serious matters.
Mr. Fulton stated that the primary reason for calling this
Special Meeting was to discuss the issue of the proposed exten-
sion of the Dutchess County Airport, adding that the Quiet Acres
group and their attorneys had requested the Town to back them
in their court action as "amicus curiae." He further stated
that Counsel seriously questions the legality of';the Board's
action in joining in this action.
Mr. Diehl stated that he had attended a meeting,Ialong with Mr.
Clausen and Mr. Fulton, at which there were about 100 people in
attendance, representing, he felt, "a cross-secton of the Town-
ship."
own-
ship "
Discussion at this meeting was on proposed extension of the
present runway. Mr. Diehl went on to say, "I certainly feel that
the extension of the present runway is not only a hazard to the
people of the immediate area, but perhaps to all the people in
the Town of Wappinger. If there is only one lifei not lost, all
the money spent would be worthwhile." Mr. Diehl proposed the
following resolution:
The Town join in the appeal of the taxpayers of the Town
Of WaPPinge4 an&berepresented_by:the Attorney to the Town, or
an appointed attorney, to take whatever action necessary to act
as 4,-friencl.totlw colArt.7Thks Town, therefore, pledges itself
to join the taxpayers and oppose the extension of the present
runway as planned and appoint ourattorney, ,or.an outside
attorney, tO act as a friend to the court in behalf of all the
residents of the Town of Wappinger."
Seconded by Mr. Clausen.
Roll Call VOte: 3 Ayes Motion:Unanimonsly Carried
Mr. Quinn, Attorney to the Town, stated "the record should
show that Counsel has advised the Town Board members that such
action falls within the prohibition of Section 8, Article 1, of
the New York State Constitution and would amount to a gift of
the funds of the Townto.private interest. As.suchi it is an
illegal action:and the Town -Board members may.be held ,personally
liable for any expenses which may .result. , As a matter of .fact,
..you eireJsubject to -A taxpayers' 4etOnPn that."
Mr.'Diehlstated,"My feelipg-is, after hearing our.attorney s
advice, if I do fall into this.category, I certainly fall into
it.knowingly, but I do so to protect every single life ofthe
residents of the Town, of Wappinger."
Mr. Fulton offered the following resolution:
In the Matter
of
The Establishment of the Town
of Wappinger Garbage District
in the Town of Wappinger,
Dutchees County, New York,
pursuant to Article 12-A of
the -Town Law
WHEREAS, a map, plan and report have been prepared in such
manner and in such detail as debermined.by this Town Board, by
the Board of Trustees of the Southern Dutchess Joint Garbage,
Metal and Refuse Disposal System, Inc. and by Clinton Bogert
Associates, competent engineers duly licensed by the State of
New York, which -map, plan and report7have been filed:in the
office of the Town Clerk and are available for public inspec-
tion in said office in the -Town of Wappinger,Dutchess.County,
New York, during regular business hours; and
WHEREAS, such map, plan and report proposed the creation
of a refuse and garbage district in the Town of Wappinger,
Dutchess County, New York, the boundaries of which shall include
all the land area of the Town of Wappinger outside the corporate
limits of the Village of Wappinger Palls, the creation of a
refuse and garbagedistrict in the Town of Fishkill, and the
acquisition and operation of refuse and garbage disposal facil-
ities to serve all of said districts and the Villages of Wappingers
Falls and Fishkill, said respective Towns and Villages all being
located in the County of Dutchess, State of New York; and
WHEREAS, after the creation of each of said districts pursuant
to the provisions of Article 12-A of the Town Law, this Town Board,
the Town Board of the Town of East Fishkill, the Town Board of the
Town of Fishkill, the Board of Trustees of the Village of Wappingers
Falls, and the Board of Trustees of the Village of Fishkill propose
to enter into a contract of municipal cooperation pursuant to Article
5-G of the General Municipal Law providing, in detail, the method
whereby said refuse and garbage disposal facilities to serve jointly
the three refuse and garbage dissricts and the two Villages will be
acquired, constructed, improved, operated, maintained and financed;
and
WHEREAS, the improvement proposed is the acquisition of lands,
approximately 107 acres in size, belonging to Merle Travis in the
Towns of Wappinger and East Fishkill and the improvement of said
parcel to render it usable as a sanitary land fill site, including
necessary drainage facilities, fencing and appurtenances to serve
said districts and Villages, all as more fully shown on the map,
plan and report hereinabove referred to ; and
WHEREAS, the maximum amount proposed to be expended for said
improvement is $225,000.00 and
WHEREAS, the cost of acquisition and construction of the said
improvement including the annual debt service on any bonds issued,
to finance the same and the cost of operation and maintenance thereof
shall be apportioned annually among said districts and Villages on
the ratio -which the full valuation of benefited real property of each
such district and each such Village bears to the aggregate full valua-
tion of benefited real property of all of said districts and Villages,
such ratio to be determined in not more than five year intervals and
the share of the cost to be borne by each such district and each such
Village shall be annually assessed, levied, and collected from the
several lots and -parcels of land therein, in the rtianner other wise
provided by law; and
WHEREAS, it is now desired to call a public hearing in connection
with the establishment of said district pursuant to Section 209-b of
the Town Law; NOW THEREFORE, IT IS HEREBY
ORDERED, by the Town Board of the Town. of Wappinger, Dutchess
County, New York, as follows:
Section 1. A meeting of the Town Board of the Town of Wappinger,
Dutchess County, New York, shall be held at Town Hall, Mill St. Village
of Wappingers Falls, Town of Wappinger in Dutchess County, New York,
in said Town, on the 14th day of February, 1967, at 8:00 P.M., Eastern
Standard Time, to consider the establishment of said proposed Refuse
and Garbage District in said Town, and the map, plan and report filed
in relation thereto, and to hear all persons interested in the subject
thereof concerning the same, and for such other action on the part of
such Town Board in relation thereto as may be required by law, or
proper in the premises.
Section 2. The Town Clerk•.is hereby authorized, and directed to
cause a notice of this order to be published in W&SD News and posted
in accordance with the provisions of Section 209-b of the Town Law.
Section 3. This order: shall takeeffect immediately.
Seconded bT Mr. Clausen,. -
Roll Call Vote: .3 Ayes -Unanimously Carried
419`
Mr. Quinn pointed out that this is the same resolution which was
previously adopted, the only difference being the change of the
public hearing date from February 16th to the 14th. He noted that
the Board's adoption of this resolution rescinds the previous motion.
Supervisor Fulton appointed Mr. Clausen and Mr. Diehl as the committee
to make arrangements for engaging counsel to represent the Town in
the action on the airport extension, and requested that they present
their recommendation to the Town Board for authorization.
Mr. Diehl wished to make one thing clear. Mr. Fulton had stated at
the beginning of the meeting, that the purpose for holding this
meeting was discussion on the airport issue, - it had been Mr.
Diehl's understanding that this meeting was being called for the
purpose of meeting with Knud Clausen, Highway Superintendent, on
hingway matters, and he had so informed Mr. Bulger previously.
Mr. Quinn pointed out that there were no restrictions in the notices.
The Board suspended the rules to permit discussion with Mr. Worona,
Attorney.
Mr. Worona stated that, in reference to the airport issue, theaction
which was dismissed by Mr. Hawkins was instituted because of the
action taken by the Board of Supervisors. He stated that by taking
such action they were lending the area to one corporation, IBM, which
is contrary to the Constitution. He also stated that he feels that
the action taken by the Town Board is not in the interest of any
group, and noted that the attendance at the meeting held at Gibson's
Colonial Inn indicated that the interest in the matter is equally
spread, all of the residents of the Town are equally concerned with
its problems. Secondly Mr. Worona noted that he had received a
letter from the Town Board requesting him to be present at 7:30 P.M.
for this meeting but he does not know why he was asked to attend.
Councilman Clausen stated that the meeting was originally set for
discussing highway matters, and one of the items to be reviewed was
Wildwood Forest, thus the requested presence of Mr. Worona's attendance,
letters had also been sent to Mr. Lafko and Mr. Alexander requesting
their presence. Mr. Clausen noted, however, that he had spoken to
4 2 ID :
mr. Lafko on Friday night and he had indicated that he would be unable
to attend.
Mr.Worona stated that Mr. Lafko is in Florida on business and Mr.
Alexander had made other committments for this evening which he
could not break. Mr. Worona noted for the record that he was
present, as requested, but unfortunately, none of the principals
were able to attend.
The Board resumed the rules.
Mr. Fulton called a recess at 8:30 P.M. The Board reconvened at
8:33 P.M.
A motion was made by Mr. Diehl, seconded by Mr. Clausen, to adjourn
the meeting. Motion Unanimously Carried
Meeting adjourned at 8:34 P.M.
—aCLLLL9,-,
Elaine H. Snowden
Town Clerk