Loading...
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: 34U 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- 341 , 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 342 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. s 43 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