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1966-10-13 SPM#0941 A Special Meeting of the Town Board, Town of Wappinger, was held on Thursday, October 13, 1966, at the Town Hall, Mill Street Wappingers Falls, New York. Present: Joseph H. Fulton, Supervisor Louis Diehl, Councilman William J. Bulger, Justice of the Peace Louis Clausen, Councilman Vincent S. Francese, Justice of the Peace Elaine H. Snowden, Town Clerk Others Present: Joseph Quinn, Attorney Harold Reilly, Attorney' Mr. Fulton:' We will open the meeting and then recess to go into executive session. Meeting called to order at '7:14 P.M.' I would suggest we hear from the first one we have on the agenda - Mrs. Keeler. Mrs, Keeler: I went down last week and got a copy of road resolution of last Year. Three developers who are exempted do come under these road specs. "A11 developers who have made formal application to who have made application for prelitftinarY application, whish is different than filing for subdivision plat approval. This is for final plat. "ht becomes effective immediately and all those who have not made formal application for apprcbval for sub- division plats Mr. Quinn: I believe there was an'exempting provision. The whole resolution isn't here. You might refer this to whoever you want to for study. I have seen the resolution several times before and my recollection is the resolution is effective March 5; 1965, and that all those who had made application prior to that time were exempted from the provisions of this resolution, I think it'would be specula- tion to do anything more than referctit at this point, unless we pull out the entire resolution. It is an excerpt from the minutes and a part of the resolution. There is further resolving paragraphs. The Board wished to look at the minutes. Mr. Quinn: I think this question has been examined before. Mrs. Keeler: The subject came up and Mr. Quinn wrote a letter on it to the Planning Board. Mr. Quinn: I wrote an opinion, but I don't think I wrote it as to the date it became effective. I think Mrs. Keeler had written a letter, prior to that, to the Planning Board. Mrs. Keeler: At that time many other people were questioning whether : • these particular developers, came under it. Mr. Diehl: I remember we met here at the office one Sunday after- • noon in reference to this, to find out whether they did come under the resolution. I was under the impression that they should come under new road specs. At that meeting ,,Mr. Quinn said they did not have to put in the new roads and, secondly, in his opinion, if we forced them to do so the Town would be sued. Mr. Fulton: Was that in regard specifically to Fleetwood? Mr. Diehl: From Mr. Quinn's opinion I changed my vote.,, On the basis of his opinion ,that the Town would be sued, I did change my vote releasing them from ,the new roads. Naturally following his legal advice. Mr. Clausen: Reading from Minute Book - "effective immediately and all new roads except those in subdivisions whose developers., have made formal application to the Planning Board for preliminary approval must comply with these specifications." Mr. Quinn: Formal application means that they go ,through the pro- cedure required by the Planning Board. The word "formal" would mean that somebody would bring or proceed for approval before the Planning Board. Where a prospective developer is entitled to come in and, in effect, ask for advice about what he may do with his land. When it, passes that stage and an engineer prepares a plat which is a piece of work which is definitive as to lines and layout and so forth I would think formal, would apply.. Mrs. Keeler: Our regulations specify they must apply with another application. It says different things. Mr. Clausen: It seems that the Board, in voting for the: resolution, could possibly have misinterpreted what the resolution so states. If there is a difference between formal application and simply preliminary approval it seems to me the resolution says one thing, and the Town Board's further interpretation was preliminary approval. Mr. Quinn: In the statute it uses the word formal. Mr. Clausen: Second part was written in preliminary. It could have been a misinterpretation. Mr. Diehl: I don't remember it being changed, and what is coming up on it tonight I certainly feel concerned. Mrs Keeler: The County Planning Board claims formal application would be these and not the preliminary by any means. Mr. Reilly: Except those who had made an application to the Planning Board at that time. Mrs. Keeler: You mean formal filing. Now we find a little bit later in the resolution formal plat is written out and preliminary is written in, nobody knows anything about the signatures. Mr. Francese to Mr. Reilly: Do you remember a discussion at the adoption of those? Mr. Reilly: Vaguely. As I recall it, anyone who had made an appli- cation, for preliminary or final, but who had submitted to the Planning Board application would be exempt. Mr. Diehl: I make a motion - in view of what I've heard here to- night - I would like the Town Board power in appointing an outside attorney to check further into this, and have his opinion, and, I would like to have the Board appoint Mrs. Keeler as a member of the committee representing the taxpayers. Seconded by Mr. Clausen. Roll Call Vote: Mr. Fulton Nay Mr. Clausen Aye Mr. Bulger Nay Mr. Diehl Aye Mr. Francese----Nay Motion failed. Mr. Fulton: Any discussion? Mr. Clausen: As I understand it, there seems to be some confusion about the wording of the first resolution and interpretation of it. I think it is a matter of interpretation. We have our own lawyers opinion on it. It certainly involves three, maybe more, developers in the Town. 1 would like to make a motion tonight to have the developers go under the new road specs, but before this, I would like to have an interpretation of another attorney. Not that I doubt our attorneys interpretation. Mr. Bulger: I can recall, as Mr. Reilly mentioned, there was a discussion as to what our intent was at that time and I can vague- ly recall the comment he made about the legality of changing the specifications after someone had filed with the Planning Board for preliminary approval. I know it was my intent, and I think it was the intent of the Board members, that preliminary approval was to be the criteria. Mr. Francese: It is my recollection - I believe it was Mr. Robinson who asked about the legality of this thing. I remember there was further discussion that there was a moral question involved in re- quiring those who preliminary approval to change. It was my recol- lection at that time that there was preliminary approval and the wording preliminary approval appeared in that resolution as we finalized it that night and as it appeared in the minutes the next month when they were approved. It was my partidular recollection that this was the intent of the Board at that time. Mrs. Keeler: Why didn't you change the original part at that time? Mr. Francese l I remember there was quite a bit of discussion in the moral problems of requiring this of the developer. Mr. Fulton: Is there any reason you want to go over this resolution? Mr. Quinn: No, sir, the minute book speaks for itself. Mr. Clausen: Going back to the September 8th, 1966 minutes and reading excerpt of it here I believe is pertinent. Starts off - "Mr. Fulton - learned this afternoon "Mr. Clausen to. Mr. Fulton It public hearing Governor Motion that the Town Board make the Governor aware of our rwquest Seconded by Mr. Diehl. Mr. Bulger left with mechanics. Mr. Clausen - get together and draft a letter 11 Two meetings after they ran into late hours and we couldn't get together and draft a request to the Governor. I wrote out resolution and called each member of the Town Board and they approved the wording of the resolution. NL PD WAPPINGERS FALLS NY SEPT 16 GOVERNOR ROCKEFELLER ALBANY NY PURSUANT TO A RESOLUTION UNANIMOUSLY PASSED BY THE TOWN BOARD OF THE TOWN OF WAPPINGERS SEPT 8 PLEASE BE ADVISED THAT THE TOWN BOARD REQUEST YOUR OFFICE TO INVESTIGATE. ALLEGED VIOLATION. CONCERNING THE ACTIVITIES WITHIN THE DUTCHESS COUNTY HEALTH DEPT. ONE CONDITION, AMONG OTHER IS THE EXISTENCE OF AN ALLEGED ILLEGAL SEWERAGE PLANT WITHIN A DEVELOPMENT KNOWN AS OAKWOOD KNOLLS WE REQUEST THAT YOUR OFFICE CONDUCT AN OPEN PUBLIC HEARING WITHIN THE TOWN OF WAPPINGER SO THAT PERTINENT TESTIMONIES CAN BE HEARD. SURTHER WE REQUEST THAT YOUR OFFICE TAKE IMMEDIATE ACTION SO THAT AN ALLEGED SOURCE OF POLLUTION WITHIN THE DEVELOPMENT CAN BE RECTIFIED TO THE SATISFACTION AND RELIEF OF THE RESIDENCE WITHIN THE TOWN OF WAPPINGER LOUIS CLAUSEN COUNCILMAN TOWN OF WAPPINGER ON BEHALF OF WAPPINGER TOWN BOARD I would like to ask each of you if I did not give you a phone call, read this to you and have your remarks that this was to the best of your knowledge what was proposed. Mr. Fulton: Yes, you called me. Mr. Clausen to Mr. Fulton: Point is I called you by phone, read it to you, and sand I am sending this to you and you said okay. Mr. Bulger, I read this to you over the phone. Mr. Bulger: You read it to me over the phone. Mr. Clausen: You agreed. Mr. Bulger: No. I said I did not recall any mention.of the Health Dept., but since you had already sent the telegram Mr. Clausen: I called the day after the telegram was sent. Mr. Francese, I did call you on the telephone and you agreed the wording was correct? Mr. Francese: Actually I wasn't at that meeting and I made a state- ment of wanting to get the show on the road. Mr. Clausen: Didn't you say the wording was beautiful? Mr. Fulton: I said the wording was good. Mr. Bulger and Mr. Francese both noted the fact that Mr. Clausen called on a Saturday, and that the telegram was sent on Friday. Mr. Clausen to Mr. Fulton: I sent the telegram about 11:00 Friday night and I wanted you to hear the wording first. It was quite late and you said send it. 289 , Mr. Fulton: I expected that this man was responsible enough to contact all members of the Board. Mr. Clausen: One night you called me at 2:30 in the morning. Mr. Fulton:That's right, but I don't call you after I did it. I called you to tell you to deliver water to the people in Fleetwood. Mr. Clausen: I called you previous to sending this telegram and you said send it. I want to bring out the point that no investiga- tion had begun and I called Mr. Fulton to find out if an investiga- tion was forthcoming and he said no. Tuesday, I believe, I received this --- SYA294 SY ABA553 PD -FAX ALBANY NY 20 803P EDT - LOUIS C CLAUSEN, COUNCILMAN, TOWN OF WAPPINGER, DLR IF POSS- WIDMER RD WAPPINGERS FALL NY - 1966 SEPT 20 PM 8 50 THIS IS IN RESPONSE TO YOUR TELEGRAM OF SEPTEMBER SEVENTEENTH TO GOVERNOR ROCKEFELLER REGARDING THE SEWAGE TREATMENT PLANT AT OAKWOOD KNOLLS, WAPPINGER TOWN ATTORNEY JOSEPH QUINN ADVISED THAT NO RESOLUTION WAS ADOPTED BY THE TOWN BOARD REGARDING THIS MATTER AND THAT YOU WERE NOT AUTHORIZED TO REPRESENT THE TOWN BOARD IN COMMUNICATION WITH THIS OFFICE. FOR YOUR INFORMATION THE STATE - DEPARTMENTS OF HEALTH AND LAW HAD BEEN ACTIVELY CONCERNED WITH THIS MATTER AND A CONFERENCE HAD BEEN SCHEDULED FOR THURSDAY, SEPTEMBER TWENTY SECOND IN ALBANY. THE CONFEREES WILL INCLUDE DR. JOHN VASSALLO, DUTCHESS COUNTY HEALTH DEPARTMENT COMMISSIONER: DONALD A MACHARG, COUNSEL TO THE STATE HEALTH DEPARTMENT? FRANK O BOGEDAIN, CHIEF OF THE MUNICIPAL AND INDUSTRIAL WASTES SECTION, STATE HEALTH DEPARTMENT, AND DUNTON TYNAN, ASSISTANT SOLICITOR GENERAL. YOU MAY BE PLEASED TO KNOW THAT SUPERVISOR FULTON AND ATTORNEY QUINN HAVE BEEN INVITED TO ATTEND ON BEHALF OF THE TOWN OF WAPPINGER. IT IS ANTICIPATED THAT THE SEWAGE TREATMENT PLANT MATTER CAN BE RESOLVED AND CONSEQUENTLY A PUBLIC HEARING AT THIS TIME WOULD SERVE NO USEFUL PURPOSE- ALTON G MARSHALL EXECUTIVE OFFICER TO THE GOVERNOR Mr. Clausen: I asked you if you had given attorney Quinn the power to advise the Assistant Attorney General and you told me no. For your information, I think it was pretty poor tactics by Mr. Quinn to advise State Dept. before any member of the Town Board gave him authorization to do so. He is to serve the Town Board and not to legislate. He did not have the courtesy to tell me of my resolu- tion or that he told the Health Dept. anything. I don't appreciate this. Mr. Fulton: In the first place, even the Supervisor doesn't get into the office without the Town Attorney being there. When Attorney General's office makes contact, they contact either the Supervisor or the Attorney to the Town. It just so happens that day they couldn't get hold of me, and the other person they were aware of up there was the Attorney to the Town. Mr. Quinn, in my opinion, was present at that meeting, heard the resolution, and stated that the resolution wasn't as it was stated. Mr. Clausen: The Attorney's interpretation is to the Town Board and not to agencies outside the Town Board. Mr. Quinn does not interpret my resolutions. At least he could call me and ask me what my resolutidn was. Mr. Fulton: I think Mr. Quinn was perfectly within his rights to interpret that resolution. Regardless of the resolution, the attorney interprets it. Mr. Diehl: Let's interpret it right. Mr. Clausen: The attorney does not make decisions outside the Town Board. Mr. Diehl: Mr. Clausen, in my opinion, has all the right in the world as an elected official. Mr. Fulton: You say "in the alleged violations within the Dutchess Health Department." That's not what the resolution said. This telegram is`a willful act. There was nothing in this resolution that specifically pointed our irregularities concerning activities of •the Dutchess County Health Department. That was sent and it was an irresponsible act since two members were told the day after. Mr. Diehl: In my opinion, if it is not in writing, it was the intent. Who else can you investigate?. The County Health Depart- ment is responsible. Mr. Fulton: There are certain things in_this Town that are under the jurisdiction of the State directly. Mr. Clausen: Did•the County ever send an .application to the State and receive it back again, or does the Oakwood plant still lack State approval? We have in this Town water plans, sewer plants, some that have not received authorization from one body or the other. I, a representative of the people, feel there is a potential health hazard of water and sewer. We have had Oakwood here for three or four years and it has not been solved yet. I say that the 'State come down and investigate actions of the County Health Dept. It also involves the Town. We could have been very delinquent. It involves developer, Town and the County. Who else would you advise investigation of? Obviously the jurisdiction lies with the County. The intent of this telegram still was that the State should come down and investigate the County Health Department, the Town, and the developer. If .you try to say that this is some sort of intent to criticize the County Health Department, you are wrong. Mr. Fulton: I asked for an investigation. .I don't wish'to accuse anyone. Let the investigation take its course and find -out who is responsible. The investigation in Oakwood Knolls is in progress, there was a meeting last Thursday, and further meetings are expected. I would like you to bring up specific accusations right now of violations. Mr. Clausen: You are on record as wanting a local investigation. Are you still in favor of it? Mr. Fulton: I would be in favor of having one locally. Mr. Clausen: I would like to make a motion that the Town Board. go on record allowing the State to hold Public Hearings within the Town of Wappinger to see if problems that we have had in the past, on water and sewage, can be rectified immediately. Mr. Diehl: Put in the specific clause "investigation to include Dutchess County Health Department, The Town of Wappinger, and Mark Ritter." Under those conditions I second it. Mr. Fulton: I've asked for an investigation. The investigation is in the process. As far as I am concerned, I cannot prejudge the total situation right now. Mr. Diehl: The investigation is being conducted by New York State with the cooperation of the Dutchess County Health Department. .I can't see how the County Health can investigate itself. Dutchess County is investigating itself. Is the investigation being conducted by the State Department with or through cooperation of the County Health Department? 292. Mr. Fulton: The request was sent to Hollis Ingraham and Louis Lefkowitz.a'To my knowledge that is who the investigation is being carried out by. Mr. Clausen: Since you are so insistent on leaving Mr. Diehl's recommendations out, my original motion was to investigate so that any problems we have may be resolved immediately: Mr. Fulton: If you're referring to the present investigation that is going on, I asked them to hold the hearings down here. At that time they told me they did not know what nature .the hearings would take. If you ask for ,this at local level, I am in favor of it. Mr. Clausen: I revise my original motion to state that, the State continue its investigation, and furthermore, come down into the Town of Wappinger and hold local public hearings in reference to our sewer and water problems. Mr. Diehl: I would like to second -Mr., Clausen's revised motion. Mr. Bulger: This started with controversial wording, and with prob- lems of being informal. Now I find, if we go back to original motion on the floor, we are about to vote on whether or not we will let the State come in here and make an investigation. It is ridiculous. We don't have the power to stop them. Mr. Clausen withdrew his original motion. Mr. Diehl withdrew his second. Original motion withdrawn. Mr. Clausen: I move that the Town Board go on record asking the State Department of Health to continue its investigation by holding open public hearings within the Town of Wappinger to gather what may be pertinent testimony in trying to conclude an investigation of our water and sewage problems. Mr. Fulton: Who are you addressing this to? Mr. Clausen: The Governor. Mr. Franpese: You're asking that the State- Department of Health continue investigation. Mr. Clausen: It should be directed to Governor, Asking that his agency continue its investigation. Mr. Bulger: I don't think the_ motion says what Mr. Clausen wants it to state. It is addressed to the Department of Health and we are 29 3, . sending it to the Governor. Mr. Clausen: We send it to the Governor, and he will inform the proper agencies to hold their investigations. Who is. -conducting it nova? Mr. Fulton: It appears that the State Department of Health and the Attorney General's office. Mr. Clausen: I amend my motion to read "to Governor and Attorney General's office: "And that the Attorney General's office finish their investigation by holding open public hearings within the Town of Wappinger." Seconded by Mr. Diehl. Mr. Bulger made a motion that a letter be addressed to the Governor telling him we are under the impression that an investigation of the sewer system at Oakwood Knolls is going on by appropriate state agencies and request that, in the course of this investigation, they hold public hearings in Wappinger so that they may gather any"facts that anyone local may present. Seconded by Mr. Diehl. Roll Call Vote (on Mr. Clausen's Motion): Joseph Fulton Nay William Bulger Nay Vincent FranceseNay Louis Clausen Aye Louis Diehl Aye Motion Failed. Mr. Diehl: The motions are so similar, with the exception that Mr. Bulger is making it instead of Mr. Clausen. Mr. Bulger: I left open in the motion who should send the letter. After we have approved the motion, if we are going to, we should then decide who is going to send the letter, and how it should be worded. Someone should be authorized to draft it, and it should be gone over by all of us so we are satisfied with the wording - before it is sent. Roll Call Vote (Mr. Bulger's Motion): 5 Ayes Unanimous. Mr. Clausen: Who is going to write the letter? If 'I may, With all due respect to Mr. Quinn, perhaps we might elect some member of the Town Board to draft this. I think when we decide on the final draft of the letter, counsel should see it. - 2..9 4 Mr. Francese: I make a motion to have Mr. Bulger and Mr.. Louis Clausen draft this letter for further approval by the Town Board. Mr. Bulger and Mr. Clausen abstained. 3 Ayes. Motion Carried. Mrs. Snowden: A request was made by the New Hackensack Fire District for permission to use two voting machines on December 6 for their Annual District elections. Mr. Gray from the Wappinger Junior High School requests permission to use one voting machine for Thursday, October 20. The School will pick it up and return it to its place. Mr. Francese: Do our custodians normally go with these? Mrs. .Snowden: Yes. Motion made by Mr. Francese to allow the New Hackensack Fire District to use two voting machines on December 6, 1966, and Wappingers Cen- tral School District to have use of one voting machine on Oct. 20, 1966. Seconded by Mr. Diehl. Mr. Bulger abstained. 4 Ayes. Motion Carried. A letter from Fire Chief Anthony Cinelli was received requesting help for a small boy in the Village, and requesting the Board members to be in the Reviewing box for the Fireman's Parade the Village is sponsoring for this boy. Mr. Diehl: I don't know what power this Board has, but if there is anything within the power of the Board, I certainly feel we should be part of it. We can all attend, but I don't know about funds. Financial help will be appreciated. Mrs. - Snowden: I have the impression they would like about $100 from the Town to help on this. Mr. Worona: I don't know if there are any funds available, but I have small contribution-- (contributed money). Mr. Bulger: Board should take care of it privately. Mr. Cornell, Mr. Eck, Mr. Lafko, Mrs. Keeler and Mr. Bisom donated. Let the record show the letter, was . received -and that members of the public in the Town have graciously contributed and that the Town. Board also will make an effort to raise some funds. Mr. Bulger: About the business:. of asking the committee that recom- mended first class town to get: some. publicity. Mr. Fulton: You want to set a date for a+meeting? Mr. Bulger: -I suggested next Thursday. Do we need a full Board, or assign it to a committee? Meeting, set for next Thursday, October 20th, Full Board, with First Class Town Committee, to discuss publicity. Motion made by Mr. Clausen, seconded-by Mr. Diehl to suspend rules to permit Mr. Cornell to discuss with the Board the problem of Road Specs. Nation made by Mr. Bulger to resume rules, seconded by Mr. 'Francese. Mr. Clausen: This business of extensions - the Developer, Mr. Hankin, was given by the 'Planning Board, a fourth extension. As of Marc--h, I believe March 15, the Town Board gave him extension to three months. I believe :this extension was up on August 15th. Subsequent to that, Mr. Hankin went before the Planning Board andasked for a fourth extension. His attorney =submitted facts' to thePlanning Boar-d - that the Town Board had promised to give him a-fourth extension because they said if he would stop building or doesn't even start he would be cooperating with the Town Board and we would, therefore, grant him a fourth extension. Do we have any correspondence from the period of March to August at the time when the extension was up, does the Town Board have any correspondence to Mr. Hankin that he would get a fourth extension? Mr. Fulton: Not to my knowledge. Mr. Clausen: It was my understanding that he said this before the Planning Board. Mr. Vandewinckel came before the Board. Mr. Quinn: Mr. Hankin applied by letter to the Planning Board and based his request on the fact that Town Board had held him up. Mr. Clausen: The Town Board never made an agreement with Mr. Hankin that he would get a fourth extension. If he said Town Board would grant him a fourth, it was not true. Mr. Quinn: The Town Board could not grant an extension to them. I think, on the facts that obtain, since last winter he was pretty sure he would not get a Transportation Corporation from this Town. 2916 Mr. Francese: That is specifically the reason why Mr. Vandewinckel requested a meeting with us. Mr. Clausen: He went before the Planning another extension based on the Town Board Board and said he wanted granting a fourth extension, stating that the Town Board had held him up, and the Town Board made some agreement to grant him fourth extension. We never gave him any reason to believe this. Mr. Fulton: He was applying to form a corporation. He had the intention of forming a corporation. Conversation was to discourage him from filing for this corporation. Mr. Clausen: This was the reason he got the third extension. Now we find that he goes before the Planning Board and requests from them. Mr. Diehl: In regard to extensions, how does the Planning Board stand now? General case for the future, I heard Mr. Vandewinckel state he would like some kind of policy. Mr. Quinn: They would have to draft regulations and present them at a public hearing for use by the Town Board. No matter what any regulations says, if at any time any agency of this Town prevents a developer from going ahead, then Mr. Fulton: he's got problems. I would like to propose that I would be allowed under the "Town of Wappinger", POLICE, and indicate the number of the Sheriff's office and the State Police. I think that this, and some advertising in the shopper and a little education could save us some money here. I would like to present that to the Board. Mr. Diehl: I think it's a very good idea. I would like to go one step further - is there some way we can get stickers for the telephones, to list and leave a blank space for Fire Department. T would like to also say that I read your comments in the paper saying an answering service costing $10,000 a year - it is off base. I think the Village would think so. I think the whole thing was passed that we look into this and discuss it. I believe that the Village trustees will feel the same about it. Mr. Fulton: It was put in the budget. Mr. Diehl: When it was put into the budget it was said that, if a workable agreement could be found, the money would be there to use. Mr. Fulton: Somebody gave a figure of about $10,000. Mr. Diehl: We agreed it was all right to put $10,000 in, and the money would be there. Mr. Bulger: Going back to the stickers - I think we should consider this, and also ask the Town Clerk if it would be possible to in- clude stickers in the tax bills when they are mailed. Mr. Fulton: Can we put the fire number on this? Mr. Bulger: No problem if they go out with the bills. Mr. Fulton: We have before us business on Oakwood Knolls - has the Board gone over the cppy of the contract you received? Mr. Quinn: A purchase contract. As I advised you in a recessed session last week, I made available to the Town Clerk, to mail out a contract by the Ritter Construction Corp., Oakwood Water Works, and Mark Ritter of first part and Town of Wappinger of the second part, for the acquisition of the Water Plant and system at Oakwood Knolls. There is one contract in existence covering this matter to purchase the combined facilities for $100,000. This contract essentially provides that both systems, the two of them, be acquired for the combined gross price of $75,000. It provides that there be withheld from that gross price of $75,000, a sum which is not $5,300 or $5,400 and that that sum be paid over by the Town of Wappinger and deducted from the purchaseprice. The plant was turned over to the County of Dutchess for operating from December 8, 1965 to operation of this contract. In addition, the contract provides that from that gross price of $75,000 the Town deduct $868 and some cents, and any- time it is to reimburse itself for operating and maintaining plant during good part of the month of December 1965. Mr. Quinn further described the conditions, provision and terms enumerated in the contract. Upon completion of review added he would gladly answer any further questions. Mr. K. Clausen asked if the attorney was aware that the road in Oakwood Knolls do not belong to the Town? Adding that Mark Ritter must put the roads in condition before he gets his money. Mr. Quinn: In the middle of December 1965, there was litigation brought by Mr. Ritter's interests against the Planning Board because of disapproval of Section II, whereby, before they ever get any approval of those things, they must do those things you're talking about. There are bonding provisions to protect us in that situation. It was pointed out to me that at the present time there are no real access roads into this sewer and water plant. I think we're ade- quately covered along those lines. Mr. Diehl: Going back to the previous remarks made by Mr. Cornell, and connecting with this, we have almost held a gun to the back of Rockingham Farms to give us our plant. Now we're going into Oakwood for a plant we have known to be questionably illegal. Now what does this do to the other developers? Mr. Fulton: There is a definite distinction between Rockingham and Oakwood Knolls situations. The Solicitor General made it clear to me that one of the differences was that, this Town had entered into contract and formed a district, the conclusion is, the object is to solve this thing. Mr. Diehl: Are we going deeper in this? Mr. Fulton: As a matter of fact, I think Mr. Quinn formed this contract on the basis of the realistic situation we are in, and I think this situation is to solve this problem. In my opinion, this contract is the best you could come up with. Mr. Diehl: What effect it is going to have on the Town itself and the businessmen in the Town. There seems to be so many problems. Mr. Francese: The things that I remember for many, many meetings are the people from Oakwood Knolls. The people there would be burdened with the cost of this district. Originally this came to the Town as a petition of the people from Oakwood Knolls. They were under the impression that even if they had to go at that $120,000 price they would be very happy for the Town to take it over. I'm not disputing you. Mr. Diehl: Just worried what is going to happen. Mr. Francese: This Town at present has a policy, it stated that we are seeking municipal sewage and we have stated what these different developers and districts have donated to the Town. This occurred in the township long before we made any arrangements. Mr. Fulton: There are such things before the fact, and after the fact. There is a point here where you can dictate the policy of something that is going to occur, but to make that policy retro- active Mr. Francese: There are several other things that this Town Board has taken into consideration. Mr. Clausen, Mr. Bulger, and myself, we all requested that negotiations go on with these people so that we may agree on a price for the purchase of either the sewer plant or both plants. We also have a motion on record, I think by Mr. Clausen, for the Attorney of the Town to come up with the results of the negotiations which have been going on for quite some time. I would like to say this, should this contract not be all right and Louis has shown some questions here, would you have any idea of what you would like to propose? Mr. Diehl: I foresee big problems. I don't think I am in a posi- tion to sit here tonight and say yes. Mr. Quinn: Let me say this, this rescinds the old contract. I think you can consult any other counsel there is. It is an expen- sive proposition . Recess at 11:10, Reconvened at 11:17. Mr. Quinn: I would like a motion authorizing Mr. Fulton, as chief Fiscal Officer of this Town, to execute this contract on behalf of the Town. Mr. Bulger: I would like a little time. After lengthy discussion there was no action taken on the contract. Motion made by Mr. Francese, seconded by Mr. Bulger, to adjourn meeting. Meeting adjourned at 12:25 A.M. Elaine H. Snowden Town Clerk