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1966-10-06 RGMThe regular meeting of the Town Board, Town of Wappinger was held on October 6, 1966, Thursday emening, at the Town Hall, Mill Street, Wappingers Falls, N.Y. Present: Joseph H. Fulton - Supervisor Vincent S. Francese - Justice of the Peace William J. Bulger - Justice of the Peace Others Present: Joseph Ludewig - Building Inspector Messrs. Quinn & Reilly - Attorney Vincent Kelley - Engineer Knud Clausen - Highway Supt. 604, Louis C. Clausen - Councilman Elaine H. Snowden - Town Clerk The meeting was called to order at 7:10 P.M. by Supervisor Fulton. Open discussion was held.. Residents from Royal View Apts. (Maloney Rd.) aired their feelings on the problems they were having in these apartments. Open discussion closed at 7:47 P.M. Mr. Fulton: In regards to this Bash situation, I took the occasion to go there with Mr. Gutmann when Mr. Ludewig was on vacation. I advised Mr. Gutmann to advise the owner we would like to see the furnace repaired immediately. They were contacted and something was done, but apparently it didn't work. First, I suggest we start from health and safety angle, perhaps the Dutchess Health Dept. asking them to investigate the water and report to us on it. Some of the complaints don;t fall within our jurisdiction. On the other violations we should have the Building Inspector go there and make a list of these and stop immediate occupancy of any more apartments until he feels satisfied that these things have been cleared up. Mr. Quinn: If there are violations of the building code, the Inspector can submit evidence and we will be very glad to start action under Ordinance and under penal code. Mr. Fulton: Our attorney has advised them they have recourse with attorney general's office. Mr. Bulger: it might be advisable for us to write to attorney general on behalf have received of these people. Indicate that we/these complaints and that we would appreciate an investigation by his office at the earliest possible mordent. Mr. Fulton: We want the Building Inspector to report back to the Board at the next meeting. Mr. Francese: .May I further suggest that each of these people who have complained also write a letter to the Attorney General's office as well, because complaints from individuals are just as weighty as complaints from this Town. Mr. Bulger: Do you people have a representative? (Cessor|u E|(), Bldg. #|, Apt. #|, Royal View Apartments, Maloney Road, Poughkeepsie, New York 12603.) Mr. Bulger: l move that, first: the Building Inspector of the Town be directed to investigate all the complaints with his jurisdiction and, secondly that the Town Board directs him to withhold the issuance of further certifi— cates of occupancy and withdraw any certificates of occupancy which have been issued and which he legally can withdraw until the corrections on the complaints under his jurisdiction are made. Second: That the Town direct a comuunicotion to the Dutchess County Dept. of Health requesting that they investigate the water supply to the apartments and the complaints regarding the failure to furnish heat, if these are within the jurisdiction of the County Health Dept. Third: That we write to the Attorney General advising him of the complaints we have received in regard to the leases and the promises, made to the tenants prior to occupancy, by the owners. Seconded by Mr. Francese, Motion Carried. All members had received copies of the September 3t., 1066 meeting. Motion was made by Mr. Bulger, seconded by Mr. Fulton tq^odopt;ninutes subject to submitted corrections. Motion Unanimously Carried. Bills were presented in the following total amounts: Gene al Funds Highway15,282.14 $9,088.50 Mr. Bulger made a motion that bills be paid subject to audit, seconded by Mr. Clausen. Motion Unanimously Carried. The following report of William J. Bu|ger, Justice of the Peace was read: Oct. 5, 1906 Town Board Town of Wappinger Wappingers Falls, N.Y. During the month of September, 1908, the cases indicated below were disposed of in Justice Court when l was presiding: Type Number of Cases Collected fines and fees motor vehicle 52 $570.00 civil 0 --- criminal 4 10.00 Total: 56 $580.00 Additionally, l am holding $125.00 in bail in two motor vehicle vehicle cases and $50.00 in bail in one criminal -case for a bail total of $175~00. Three warrants were issued during the month. I am forwarding a total of $580.00 to the State Department of Audit and control. Respectfully submitted, ,s/William J. Bulger Justice of the Peace Received and ordered placed on file. The following report of Vincent S. Francese, Justice of the Peace was read: Oct. 6, 1966 Town Board Town of Wappinger Wappingers Falls, N.Y. Genetlemen: During the month of !September, 1966, the activities listed below were handled in Justice Court: (1) 20 motor vehicle cases handled showing $235.00 collected in fines. (2) 8 civil cases handled showing $18.00 collected in fees and filing costs. (3) 2 criminal cases handled showing no monies collected. (4) A total of $253.00 was forwarded to the State Department of Audit and Control. Respectfully submitted, /s Vincent S. Francese Justice of the Peace Received and ordered placed on file. Supervisor's report was read: MONTHLY STATEMENT OF SUPERVISOR -- SEPTEMBER 1966 RECEIPTS Source Amount Received Town Clerk Fees for August Sheriff's Office State Aid—Hgwy Traf. & Trans. Ajd State Ajd — Hgwy Traf. & Trans. Aid Dutchess County — Road Maintenance Dutchess County — Road Construction York Modern Corp. refund on machinery Fund or Account $454.00 60.00 64.84 Gen. Fd. 117.51 Hgwy.Fd. 78.40 " " 313.60 " " (315.90) " " Gen. Fd. Total , .578.84 DISBURSEMENTS Hgwy Fd. 509.51 Amount, Expended General Fund 19,553.21 eeekr Highway Fund $71.564.98 Total $41,118.19 Received and ordered pl-aced on file. Building Inspector's Report was read: BUILDING INSPECTOR"S REPORT -- SEPTEMBER 1966 Building Permits Issued For: 4 Single Family Dwellings 1 2—car Residence Garage 1 Car Port 1 Ambulance Garage —__ Residence Demolition 8 Total Permits Issued for September Total Value of Construction $ 80,100.00 Total Fees Collected & Turned Over to the Town Clerk 85.50 Miles Traveled on Zoning & Building Inspection by Building Inspector - 153 Miles Traveled on Building Inspection by Deputy Building Inspector 324 During the month of September, Certificates of Occupancy were issued for fifteen (15) single family dwellings, two (2) residence additions•, and one (1) restaurant. Respectfully submitted, s/ Joseph E. Ludewig Building & Zoning Inspector Received and ordered placed on file. Mr. Francese: State aid for transportation, how often does that come in? Mr. Fulton: Quarterly. Correspondence: Letter from General Services Administration, William Rowland, Adjng Chief, Real Property Division, to Joseph Quinn, in reference to the acquisition of the• surplus land at Castle Point. Mr. Fulton: In regards to that letter, are we in conflict with the County on this? Mr. Quinn: I'm afraid so. Mr. Diehl asked our firm to look into the possibility of acquisition of this surplus property for recreation purposed. Looks to me like there would be 49 acres available down there. It will mean preparing descriptions and full detail of proposed development and utilization of property. Any municipal purchaser will be obliged to pay 50% of the appraisal price. Depending on what this price is, we might have a situation of economic impossibility, and it might be very easy for the County to swing. Competition between municipalities should be eliminated. Mr. Fulton: Some of it in the Town of Fjshkill? Mr. Quinn: I think it is. Mr. Fulton: Any possibility we can have a portion of this land? Mr. Quinn: I think the possibility is very good. Neither the county or any of the Towns could have made any plans on this because it's not even definite at this time. They're having a survey done at the present time. The area will be mapped and maps will be furnished to applicants. Mr. Fulton: Would this be Just for recreation, or is this land available for any use? Mr. Quinn: Recreation is one of the uses which qualifies for an abatement of purchase price with some of the possible uses, a municipality would be required to pay full purchase price. Other uses, to which the property might be devoted, qualify for partial aid or partial reduction of the purchase price. Mr. Francese: I think it is the intent of this Board that we would be very, very interested in a share of this property. Mr. Quinn: The office of general services has asked the Town to make its position and intentions known, and get ready to prepare formal plans if we are interested. They want them with formality and detail. You will be advised of appraisal price. Mr. Fulton,: We should advise our attorney to advise them what our feelings are and let the County know what we're doing here. Mr. Francese: Do you think it would necessitate any action at this time? Mr. Bulger: We haven't got a concrete proposal. Mr-. Francese: We should waft? Mr. Quinn: Yes Mr. Fulton: Refer this to our attorney. Letters from Quiet Acres residents about odors noticed at the L & A sewer plant. Mr. Fulton: Did we get an answer from the county on this? Mrs. Snowden: No. They were sent copies of these letters, and are acting on it. Letters from Carl Silber to Mr. Quinn — 260 3 Mr. Quinn: The first of these letters relates to the requirement of a previously e tecuted agreement that Mid -Point Filtration Corporation furnish a performance bond for construction and maintenance of sewer project to serve a development and, secondly, requirement that the stock of that organization be furnished to the Town Clerk. As of this noontime the $125,000 bond was delivered by hand to our office and we examined it and found that it does not cover our agreement. It merely covers completion, and not maintenance during ownership. To the best of my knowledge, as of this afternoon, The Town Clerk has not received deposit of the corporate stock. As far as the Building Inspector is concerned, he has been asisting us in this and has denied building permits and certificates of occupancy until this thing is completed. Mr. Bulger: You were going to look into whether or not we can revoke permission to be formed into corporation. Mr. Quinn: There can be no revocation of that. The only one who could revoke charter would be the Secretary of State of the State of New York. Correspondence between Allen Indzonka and Joseph D. Quinn, Jr. regarding Town of.Wappinger vs. Schoonmaker Bros. Inc. Mr. Bulger: Since I received copies of these letters, although up until now I have tried to avoid any involvement in statements of this nature which might prejudice me one way or another, I fail to see how I can continue to have this case as a matter for judicial action. I have, there- fore, requested counsel to the Town to prepare an order in County Court to provide transfer. Mr. Clausen: The letter to Mr. Quinn and his answer back to Mr. Indzonka - I believe that these charges should not be dropped. Mr. Bulger pointed out they should be seen through in a court of law. I agree with Mr. Bulger!s move and moving it in that. direction. Mr. Fulton: My personal comment is, I think that this situation with Schoon- maker was unfortunate. I think their actions in the situation were more than honorable. I have been advised that if the Town Board would recommend we drop the charges, we would be opening some sort of "Pandora's Box" to all builders. Schoonmaker has more than made restitution to the Town, and the fact that they are turning over an excellent sewer system with very little consideration, it is my opinion that this be withdrawn from the courts. Mr. Quinn: I think that the facts that are, and have been, available to all Town Board members since the inception of this matter, and the placing of the charges, strongly indicates that if either this matter is transferred for hearing at the Dutchess County Grand Jury or goes to trial on merits because 266: of representations made and encouragement given to this corporation by representatives of the Town of Wappinger during 1965, I think there can be no outcome but an acquittal. I doubt if conviction can be secured. Certainly the facts within possession and immediate reach of the Town Board shall go very strongly in mitigation here. This was the reason for my concurrence with Mr. Indzonka's suggestion. I am most aware of what he can do in this situation. Letter from Mr. Williamson regardi.ng his declining the possibility of leasing some of his land to the Town for recreational purposes. Mr. Bulger: A letter should be written thanking Mr. Williamson for his interest. Letter from Mr. & Mrs. Ferris - requesting the possibility of a school bus stop sign placed on a curve near their property on New Hackensack Rd. Mr. Bulger made a motion to refer it to the County Superintendent of Highways, with the notation that the Town Board recommends it, and advise Mr. & Mrs. Ferris what we have done, seconded by Mr. Francese. Motion Unanimously Carried. Letter from Planning Board - regarding a letter received by them from Mr. Bisom requesting them to consider an amendment to Section 416.032 of the Zoning Ordinance. Mr. Bulger: Ask them to have this and the other problems of similar nature reviewed by the Planning Consultants. Mr. Quinn: If I recall correctly, at one': time the Planning Board came in and advocated revision to the Zoning Ordinance for across -the -board -revision of non -conforming uses being expanded. The legality of such a resolution is certainly questionable. It is the feeling of Counsel that such situations should be reviewed, each on its own merits. I think any referral of this thing shouldn't Just get down to a matter of technicalities but reviewed on the merits of this particular case. Mr. Clausen: Isn't the avenue open for Mr. Bisom to request rezoning? Mr. Fulton: I think that his position is he wants the Town Board and Planning Board to consider non -conforming property and possibly rezoning. Mr. Clausen: Is he concerned about his own property or non -conforming uses in general? Motion to suspend rules made by Mr. Clausen, seconded by Mr. Bulger and carried. 2 az Mr. Clausen (to Mr. Bisom): Your problem has been before us many times. Our attorney agrees you have the avenue open for you to consider requesting a rezoning. Mr. Bisom: I'm not thinking about myself. I have been asking about that for the past couple of years. Mr. Clausen: We have a policy of reviewing each case on its own merits. Is this a hardship case? Mr. Bisom: The last time I spoke to Mr. Ludewig I said that I have a violation on my property from the Board of Health. Mr. Clausen: The Board won't or can't make a blanket ruling on all cases. Mr. Quinn (to Mr. Bisom): If you want to do that, this will involve your making a request and furnishing the Board with a description of the area to be rezoned. Metes and bounds description. You might be able to save yourself some time and expense by having someone assist you with something from the tax maps. It should come in in writing. Mr. Bisom: I'll have it at the next meeting. Mr. Bulger moved to resume rules, seconded by Mr. Clausen. Motion Unanimously Carried. Letter from Stanley Ries — regarding competence of Assessors, laxity in filing tax rolls and work accomplishment, in relation to their salaries. Mr. Quinn: Record should show here there is an inaccurate statement made in Mr. Ries' letter, that the tentative tax rolls were not available until June 14. I know, from my own knowledge, that an appropriate copy of the role was prepared and filed on June I. Notice of the availability for inspection was posted on the Town Clerk's bulletin board on June 4th. It was published in the W&SD News. Complete statutory complaince and record should show that Mr. Ries' statement is inaccurate. I think the Town Clerk can also verify that. Mr. Fulton: I think the statement our attorney has made, should be made part of a letter to Mr. Ries. Motion rrdade by Mr. Francese to send a letter to Mr. Ries, incorporating in it the statement just made by Mr. Quinn, seconded by Mr. Clausen and carried. Recess was called at 8:58 P.M. Meeting reconvened at 9:48 P.M. Late Correspondence: Correspondence from Mr. Quinn to Mr. Pagano Senior Sanitary Engineer State 268 of New York, Department of Health, transmittal letter for the Declaration of intent resolution, passed by the Board Sept. 29, 1966, seeking federal aid for Rockingham Farms Sewer District. Letter from Mr. Zak, Dorothy Heights Rd. - Mr. Fulton: Mr. Zak was here and he left. He missed agenda for this meet- ing and wants to be on the agenda of the next meeting. Letter from Mrs. Oberle: In reference to the need of a traffic light at intersection of Chelsea Road & Route 9D. Mr. Bulger: We need the approval of the County Superintendent of Highways before we can send it to the State Traffic Commission, they are State and County roads. Mr. Francese made a motion to write a letter to State Traffic Commission and the Supt. of Highways of the New York State Highway Dept. and the, Dutchess County Highway Dept., also request in letter to Dutchess County High- way Dept. recommendation of this to the State, seconded by Mr. Clausen. Motion Carried. Mr. Bulger: Some of theprimary reasons should be established in the letter. Increased traffic flow due to the opening of Route 84, Beacon -Newburgh Bridge. Mr. Francese: Chelsea Ridge Albts. have increased population in the area. Mr. Bulger: Are we binding the State by asking for light specifically? We should ask for appropriate traffic control. Letter from State Dept. of Health, Mr. Pagano re: requested permission by Town of Wappinger to construct temporary sand filters for Rockingham Farms Sewer District found acceptable. A bid from Mr. Lafko for $1,450, and a bid from E.C.C. for $2,645, were received by the Board. Engineer to the brown indicated that both bids met specifications. Motion made by Mr. Fulton to accept the low bid of F. J. Lafko for $1,450.00 to construct temporary sand filters for the Rockingham Farms Sewer District, seconded by Mr. Bulger. Motion Unanimously Carried. Letter from E.C.C.: Oct. 5, 1966 Town Board Town of Wappingers Mill Street Wappingers Falls, N.Y. Gentlemen: We wish to offer our services to the Town of Wappingers for the operation of sewage and water systems. With the Towns' interest in accruing such systems, we would maintain the facilities on an interim basis until contracts could be signed with your successful bidder. We would be prepared to operate any plant under an interim basis for a fee of fifty ($50.00) per week. We hope this offer can be of use to the Town Board in eliminating any addition burden on your part. Yours truly, s/ Kenneth E. Euell Mr. Fulton: This is an offer of interim service to our sewer plants. Mr. Quinn: One of the problems. We have a previous solicitation for bids, but before we even had that, we had an earlier offer from Mr. Lafko's firm to perform work on an interim basis at a rate which would not exceed the rate submitted finally by a low bidder. I thought that this was some kind of a matching offer. If there is anybody here from that corporation they can probably clarify it. Motion made by Mr. Bulger, seconded by Mr. Francese and carried to suspend rules to ask Mr. Hankin for a clarification of the proposition. Mr.•Robert Hankin: That letter was put in strictly as a matching offer to Ronald Lafko's first offer. Strictly on a temporary basis. Mr. Quinn: My first conclusion was right. Mr. Hankin: Right. It's Just a matching offer until bids are given out, as soon as bids are given out, we expect this will be taken back. Mr. Quinn: This is an offer to provide service during an emergency period, until there is time to properly advertise for contracts and award bids. Mr. Bulger: If we take over any additional lands and are faced with problem of needing an emergency operator, they will be available. Mr. Hankin: Would it solve your problems if I withdrew the offer? Motion made by Mr. Bulger, seconded by Mr. Clausen and carried to resume rules. Mr. Bulger: To clarify the whole matter, write back to E.C.C. and state that apparently their letter is subject to misinterpretation and they should be more specific if they wish to resubmit. Mr. Francese: I would like to see a more detailed statement. When I first read it, it was very confusing. Mr. Quinn: You have offers and you can get more offers in•the future from anybody else. If•and when the need arises, you're going to have to make a decision. Mr. Bulger: The only reason I think we should get clarification on this is because 2 months from now somebody is going to say this was said and that was said. If it was clearer and more definite, when we picked it out of the file, we would know exactly what was proposed. 2 =0:.. Mr. Clausen: Can this letter be kept on file and an amendment be added to it? Mr. Bulger: Request them to be more specific. Motion made by Mr. Bulger and seconded by Mr. Francese to request a resubmittal of the proposal made by E.C.C. Inc. asking that it be more specific. Motion Carried. Bids for Rockingham Sewer Plant Operator Two bids submitted - F.J. Lafko $567.00 and E.C.C. Inc. $494.50. Mr. Francese made a motion to award the contract to the lowest bidder, (E.C.C. Inc.) at the contract price of $494.50, seconded by Mr. Clausen. Motion Unanimously Carried. Charles Cortellino, speaking on Wildwood, asked the Board about the contract for snow removal. Mr. Fulton answered that it only needs Mr. Lafko's signature. Mr. Cortellino then asked if negotiations were still going on for the purchase of L & A sewer plant. Board replied in the affirmative. Mr. Cortellino then pursued the question of roads, monuments & drainage in Wildwood. Mr. Quinn pointed out it had been ascertained the developer has to put monuments in. Mr. Cortellino referring to the drainage problem even in the hills, we get flooding and the roads are certainly beyond passable. Apparently, this missing extension has not turned up. Mr. Clausen: Do we know, as of this date, that there was an extension? Mr. Quinn: A bond was issued by a surety company. I find no record of that bond having been accepted by the Town Board, but that bond ran from the fall of 1965 until 1967 and it did appear that it was everybody's intention to accept the bond. Mr. Clausen: The fact of the matter is, the extension wasn't granted? Mr. Quinn: I am under the opinion that the bond probably was accepted, but, depending on the practice of the Board at the timem there is no way of knowing. They didn't act quite so formally in the past. Mr. Clausen: Even if the Board was not formal and it wasn't the practice of the Town, that doesn't make it right. As far as the Town Bard is concerned, we've never granted an extension to 1967. Mr. Quinn: I don't think this Board ever did. Mr. Fulton asked Mr. Kelley what his recollection was in reference to the bond. Mr. Kelley: I can recall that the bond termination date was about March, 1966. I can recall that I advised the Board at the time not to call the bond. Mr. Reilly's recollection was the same as Mr. Kelley's. Mr. Lafko: To help the Board, every bond you ever accept has a one year maintenance period in it. This road was in order, and completed as such, in the latter par:t_of October or November of 1965. The bond period of accomplishing that work - we have until March 2, 1966. There is a main- tenance period. In one of the Boards executive sessions it was bnought out about making certain corrections, I was mailed a list, and requested to make certain corrections, approximately in the month of June. Mr. Clausen, Mr. Kelley, Mr.'<Alexander and myself had a session. We completed the list by correcting conditions caused by one of the builders we sold lots to. It was held on the W1 dwood.people's request and the Town's on how we were to finish off the drainage. We've finished all but the coating. Whatever you decide to do with the ditch you will have to send heavy equipment in there and you will only tear the road up. If it is resolved what to do with the ditch in Wildwood, we could go ahead and this could be resolved. We will have to, and we will, regrade what is there before the winter time. If the Town wants us to take the coating back off we put on, give us a release to that effect. The purpose of that was at the time we coated roads in November, the engineer and Town Supt. at the time didn't want us to complete the other section where there were no houses because at the time, the bank wasn't on it. We will do this. We are in the process of putting that road in now. If there is anything else, I can try to clear it up. The drainage is the builder's problem, that's on the Tots. It has been corrected some on the roads. There's another part in here that I can remember is when you got into the winter period last year, it tied in with the pipe not being installed. The extension was given at that time until it got up to a season that it could be corrected. The developers in this area are waiting for the Town Board to take action and so are'the people. Mr. Fulton: The Board has got to act on recommendation of Highway Supt. and Engineer to the Town. I suggest a motion be made here they bring in recommendation of just what the Board should do. Mr. Kelley: If monuments are required, they have to be put in prior to final acceptance. The recommended certain things we would like to see done, for the successful completion of the subdivision. An appraisal should be requested. Mr. Clausen to Mr. Kelley: Following the recommendations to the Board, it was turned over to the attorneys for some way of solving these problems. We were supposed to get together with attorneys. I wonder if what isn't needed here is Just that meeting. Mr. Clausen made a motion to hold a meeting Thursday Oct. 13th between the Town Board, Supt. of Highways, Engineer to the Town, Attorneys to the Town, Mr. Lakfo, Mr. Alexander and their representatives, to resolve any differ- ences we may have in regard to the requirements for Wildwood, seconded by Mr. Francese. Motion Carried. Contract for Raymond & May, Planning Consultants. Mr. Bulger moved that the Supervisor to the Town be given voluntary authority to sign the contract with Raymond & May, seconded by Mr. Francese. Motion carried with Mr. Fulton abstaining. Appointment of An Engineer to the Town deferred to a later date. A request was received to grant permission to form a sewerage disposal corporation by Spook Hill Properties, Inc. Mr. Clausen: Does the Town Board have to give approval to them to incorporate to form a disposal corp.? Mr. Quinn: No, not as such. The alternative is to provide municipal sewage. Mr. Clausen: If the Town Board refused, could the developer go septic? As far as the Town of Wappinger is concerned, if we didn't want any more plants in the Town of Wappinger, we could refuse them and give them the option of going septic. Mr. Quinn: Basically, the transportation corporation law gives developer right to form a.corporation to collect and dispose of sewage. It is a built-in protection for a municipality, to take advance arrangements to eventually acquire the plant and forma district. Mr. Clausen: Itseems we were left with the choice of either having to give developer central sewage or Article 10. What you say may correct but my point is I don't think the Town has to give it. If we refuse either, he still has choice to go septic. Are we obliged to give this? Mr. Quinn: Generally speaking, yes. There is a representative here. He may have knowledge as to whether Dutchess County will permit this. Mr. Clausen: Is it possible that.the land is not suitable for development? Mc. Quinn: This is up to the Planning Board. New York State and Dutchess County Health Dept. are geared to eliminate private sewer bids. Jim Coombs representing Russell Aldrich office - County Health Dept. will not approve indivj'dual septic systems in this subdivision. We have, as of February 10, 1966, tentative approval of our plans, which have been submitted to the New York State Dept. of Health. That is, they believe the effluent will not be detrimental to this community. We are now in a situation where we cannot use individual septic systems. It has to be either Article 10 corporation or municipal sewage system. Every step of the way we will be under the scrupulous surveilance of an engineer, suggested by the Town Board. We are faced with the situation now where we can receive no more adjournments from the Town Planning Board, so we must resolve it by Nov. 15. We would prefer, however, that we obtain approval for this article 10 corporation. Mr. Quinn: I go along generally with what Mr. Coombs says. 1. This Town Board is not dependent on any engineer as to what any option price will be. 2. Should there be the possibility of municipal sewage, it is the policy of this Town that the system will be built by the developer and demanded or turned over to the Town free of charge. System which is of demanding dedication of such a system free of charge to the Town. Motion made by Mr. Clausen, seconded by Mr. Francese and carried to suspend the rules to allow Mr. Worona to talk. Motion made by Mr. Bulger, seconded by Mr. Francese and carried to resume the rules. Refer this to counsel. Mr. Prager - Reguest for a gravel mining permit. Mr. Quinn: I assume this is similar to the Swenson application. Mr. Bulger: Request 1s so worded that it is open to two interpretations. Apparently there have been objections on the part of neighbors for removal of soil that has been going on here. The request leaves it open to question. The request from Mr. Swenson had many specifications in it. Mr. Quinn: If it is an application to extract gravel, or to bring it in, you can refer it to the Planning Board and have them give you a recommenda- tion on it. Mr. Fulton: I do have a feeling that'anything like this we should refer to the Planning Board. Mr. Francese made a motion to inform Mr. Prager that the Board feels there is not proper application before Town Board. Seconded by Mr. Bulger.. Motion Unanimously Carried. Mr. Fulton: As it is now we are accepting applications, can we make a motion to notify the Planning Board that any further applications will be sent to them. A motion was made by Mr. Francese, seconded by Mr. Bulger that any further applications that come before this Board for all land uses involving mining or extraction of gravel for land use, etc. shall be first submitted to the Planning Board for recommendation. It is also recommended that a letter, or directive, be sent to the Planning Board notifying them of this. Motion Carried. RESOLUTION, TOWN BOARD, TOWN OF 'WAPPINGER, DUTCHESS COUNTY, NEW YORK, AUTHORIZING THE FILING OF AN APPLICATION FOR AND ACCEPTANCE OF A FEDERAL GRANT FOR THE CONSTRUC- TION OF NECESSARY SEWERAGE TREATMENT WORKS, UNDER THE FEDERAL WATER POLLUTION CONTROL ACT AS AMENDED. Proposed by: Justice of the Peace Bulger WHEREAS, ROCKINGHAM FARMS SEWER DISTRICT, a district corporation organized and existing under the laws of the State of New York, herein called the "Applicant", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that the construction of certain works, required for the treatment of sewerage, generally described as tertiary treatment facilities and Site improvements to an existing secondarytreatment plant herein called the "Project", is desirable and in the public interest, and to that end it is necessary that action preliminary: to the construction of siad Project be taken immediately; and WHEREAS, under the Federal Water Pollution Control Act, as amended, the United States of America has authorized the making of grants to aid in financing the cost of construction of necessary treatment works to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans, and specifications in connection therewith; and WHEREAS, the Applicant has examined and duly considered said Act, as amended and the Applicant deems it to be in the public interest and to the public benefit to file an application under this Act as. amended, and to authorize other action in connection therewith; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger the governing body of said Applicant, as 'follows: I. That the construction of said Project is essential to and is in the best interests of the Applicant, and to the end that said project may be constructed as promptly as practicable it is desirable that action preliminary to the construction thereof be undertaken immediately; 2. That Joseph H. Fulton, Supervisor of the Town of Wappinger, be hereby authorized to file in behalf of the Applicant an application (in the form required by the United States and in conformity with the Act as amended) for a grant to be made by the United States to the applicant to aid .in defraying the cost of construction of the sewerage treatment works g 5 . described above; 3. That if such grant be made, the Applicant agrees to pay all the remaining cost of the approved Project, over and above the amount of the grant; 4. That if such grant be made, the Applicant agrees to make provision satisfactory to the Surgeon General of the Public Health Service for assuring proper and efficient operation and maintenance of the treatment works after completion of the construction thereof; 5. That the said Joseph H. Fulton, Supervisor of the Town of Wappinger, is hereby authorized to accept any Federal Grant that may be offered; to furnish such information and to take such other action as may be necessary to enable the Applicant to qualify for the grant and 6. That' the said Joseph H. Fulton, Supervisor of the Town of Wappinger, is hereby designated as the authorized representative of the Applicant for the purpose of furnishing to the United States such information, data, and documents pertaining to the application for a grant as may be required; and otherwise to act as the authorized representative of the Applicant in connection with this application and in connection with any requirements of any Federal grant which may be made; 7. That certified copies of this resolution be included as part of the application to be submitted to the United States, for a grant. Seconded by: Councilman Clausen Roll Call Vote -- Resolution duly adopted RESOLUTION, TOWN BOARD, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AUTHORIZING THE FILING OF AN APPLICATION FOR STATE AID FOR CONSTRUCTION OF SEWAGE TREATMENT WORKS PURSUANT TO SECTION 1263-b OF THE PUBLIC HEALTH LAW OF THE STATE OF NEW YORK Proposed by: Councilman Clausen WHEREAS, Section 1263-b of the Public Health Law of New York State and various Federal laws provide financial aid for the construction of sewage treatment works; and WHEREAS, Rockingham Farms Sewer District, a district corporation organized and existing under the laws of the State of New York, Herein called the Applicant, has final engineering plans for sewage treatment works generally described as tertiary treatment facilities and site improvement to an existing secondary treatment plant which plans have been prepared and approved in accordance with Article 12 of the New York State Public Health Law, and intends to proceed with the construction of such works: NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger; the governing body of said Applicant, as follows: 1. That Joseph H. Fulton, Supervisor of the Town of Wappjnger, be authorized'to make application for State construction aid and provide the State of New York such information, data and documents pertaining to the application for a grant as may be required, and otherwise act as the authorized representative of the Applicant in connection with said application; 2. That the Applicant agrees that if a Federal grant or grants and State assistance for the sewage treatment works are made pursuant to the Federal Water Pollution Control Act, as amended (33 U.S.C. 446 et seq.) or any other Federal Law or program, and Section 1263-b of the New York State Public Health Law, the Rockingham Farms Sewer District, will pay the remaining costs of the approved construction; 3. That all statements, data and supporting documents made or submitted by the Applicant in connection with any application for Federal assistance for the proposed construction are to be deemed a part of the application for State assistance; 4. That the Applicant agrees to comply with the assurance specified in Section 44.17 of the Administration Rules and Regulations of the State Department of Health (10 NYCCRR 44.17); 5. That certified copies of this resolution be prepared in triplicate to accompany an application for State aid for the construction of sewage treatment works. Seconded by: Justice of the Peace Bulger Roll Call Vote -- Resolution duly adopted Resolution of intent: Mr. Fulton: As member of sanitary landfill corporation - pressures put on by garbage men. As a result of this I have talkOd to members of the Board and the purpose of this is a resolution of intent. As the Town of Wappinger is a local member of the Board of the Sanitary Landfill Corporation. Any further amounts of money for future proceedings such as the legal and engineering costs, they are going to be required to develop the proposition. It is the purpose of this resolution to declare an intent of this Town Board. Letter from David N. Koffsky: Oct. 6, 1966 Mr. Joseph Fulton, Supervisor Town of Wappinger New York Re: Southern Dutchess Joint Garbage, Metal and Refuse Disposal Systems, Inc. Dear Mr. Fulton: As you know, the present plan envisioned for the joint sanitary landfill encompasses the following main points: 1. The acquisition of the Travis farm to be financed through a Joint bond issue. 2. The lease of 15-20 acres of presently unneeded portions of the Travis farm to the Town of Wappinger. 3. A contract between the Joint landfill operation and the Town of Wappinger for the improvement of the 50 acre Becker property via a general heightening of its grade through the deposition of fill. I have discussed the above propositions with Mr. Robert Marshlow of the law firm of Sykes, Galloway and Dykeman, bonding attorneys, and it is our combined opinion that no legal impediment exists to render the project, as it presently stands, unfeasible. Very truly yours, s/ David N. Koffsky Mr. Fulton read the resolution he proposed as a declaration of intent. Mr. Bulger: How long will that option be for? Mr. Fulton: Will be spelled out at the end of the 15 or 16 year period. Acceptance of this by the Town Board can send us into Joint sanitary landfill 277 operation. I think we should go on here, or go farther, providing we are going to go ahead. The prices are generally the same. Economics about the same as the Stoneykill property. Mr. L'Archevesque: About $80,000 less. Mr. Fulton: We have a report from Chazen on the feasibility of this project. These things are feasible but I think the determination we are making now is for something different than just the village and town. I want to get vote from this Board tonight with the intent that we should go from here. Mr. Clausen: In our discussion with the Village, we stated that we would meet with them prior to any commitment, with the Town to talk over possibility. I am wondering, if we have a commitment with the Village, and they read this in the paper, it will look like we don't follow through on commitments. Mr. Fulton: Two of the Village members were with me when I stated this 'intent. Mr. Bulger: If I recall you 'met with the Village last Thursday night. Mr. Fulton said this plan had been arrived at Sunday night, finalized Sunday night. The Village representative was in agreement with it. His representatives had not reported to the Board. We have this to discuss with them, we have the police, and we have the airport. We are on record. Mr. Francese: I had the understanding that the Village met on this the other night and they all seemed very happy with it. In what was read was only showing intent to go along with negotiations. Mr. Clausen: I think it would be good practice meeting with the Village and discussing these three issues. Mr. Fulton: the Village representative was in on this meeting and has declared his intent. Mr. Bulger: He has committed Village to the joint action, regardless of whether we have a meeting with the Village Board. Mr. Clausen: What we are asking tonight is, if we commit ourselves to go. Mr. Fulton: These agreements here shall have to be made by.the Town of Wappinger. It will be necessary to spend money to make up necessary docu- ments, they are going t� go ahead with that now on the basis of our intent here. Mr. Fulton to Mr. Clausen: Are you reserving the right - you've had the figures to develop both plans and you still think you may not approve of the.Joint venture. Mr. Clausen: There are other things to be considered. Mr.. Fulton: Is the only thing to be considered something that•the Village is going to do? Suppose you go to the Village and the Village says yes, are you inclined to go that way? Mr. Clausen: The costsaren't the only things involved here. Possibly trucking possibly all the grovel excavated from it might be used by the Town of Wappinger as on asset. Mr. L'Archevesque: All that is needed is declaration of intent by the Town Board. RESOLUTION OF INTENT Submitted by: Supervisor Joseph H. Fulton As the Town of Wappinger is a lawful member of the Joint Sanitary Landfill Disposal Corp. and o point hos been reached in its deliberations where certain understandings and declaration of intentions are necessary before further proceeding to expend any further amounts of money for future pro- ceedings tocanpend any further amounts of money for future proceedings such as Legal, Engineering Costs, etc., it is therefore the purpose of this reso|ulion to declare n intent to proceed in the formation of n Joint Sanitary Landfill & Disposal district, subject to any further agreements and legal obstacles or necessities which may arise and to agree generally to the following conditions, which will be further spelled out in more legal terms by the attorney to the Town at the appropriate time of final decision. Conditions: If and when the Joint Disposal District is formed and the site to be purchased by the District is the Town's property on Robinson Lane. Then: 1. Town of Wappinger will agree to assign by Contract (or other legal means) the Town owned 50 acre Becker site to the Joint Sanitary Landfill & Disposal Corp. district, for the purpose of sanitary land- fill which will utimately improve the land. During the interim period. the Town of Wappinger retains reoreatement rights to all the land area not in process of landfill operations. 2. Town of Wappinger to be allotted 50% of all surplus, soil (this pertains to the total district lands (Traves property & Becker) as determined by the district administration. 3. Only district members will be allowed surplus soil (on allotment plan). 4° All members will pay $.25 per yd. for soi | . 5. The Joint district will assign by lease or other contract (exclusively) to Town of Wappinger, for the life of the site operation 15-20 years and for nominal cost of not more than $|.00, 15-20 acres inclusive of the Swimming Area (both sides of stream) and Travis buildings (to be |oyed out and agreed to more specifically later). 6. Town of Wappinger will get (option to purchase rights) of all Travis land in Town of Wappinger (approximately 60 acres) for maximum of $1,500 per acre or appraised price at time of purchase if less. 7. East Fiahki|| will have sane rights of option etc. as Town of Wappinger and Travis land in East Fishki| } (48 acres) except at 81;000 per acre. 8. Town of Wappinger will give reasonable access rights to East Fishki\| to land in East FishKi||. At time if Town of Wappinger exercises its purchase option the $.25 per yard for soil purchased will be a credit against the purchase price of the land. 9, At least 10 and possibly more of the 15-20 acre plot land leased to Town of Wappinger for recreation wi | | also be improved by landfill process, but under the direct supervision and direction of the Town of Wappinger as to 2 7 9 ' how, when and where. Seconded by Mr. Clausen. Resolution duly adopted. Mr. Bulger: As everybody will recall we have passed o resolution to place first class town on the ballot. l think we are neglecting fact that this resolution, and its merits, and all those factors involved are not being presented to the people. l move we get together with the committee that did the study and draw up publicity so that the people are well informed. Seconded by Mr. Francese. Motion carried. Mr. Bulger: I see a necessity for developing some building codes. l move we ask our Building Inspector, in consultation with ourAttorney and Engineer to the Town, for recommendations to improve our Building Code. Seconded by Mr. Clausen. Motion Carried. Mr. Clausen: The Recreation Commission brought up the fact that they would like to see the Town Board acquire recreation deeds for recreation. We should ask counsel to get in touch with the Recreation Commission on the Quiet Acres Recreation sites. Mr. Bulger: In the case of Rockingham Sewer District, now that we have established it, we have operator, are we going to need a plumber, or someone, to come in and fix it, night or day? Mr. Kelley: There are provisions for this in the contract. Motion made by Mr. Clausen, seconded by Mr. Bulger to adjourn. Motion Unanimously Carried. Meeting adjourned 12:19 P.M. To Joseph--}i.---Fu-1ton WARRANT , Supervisor Town of WWppinger , County of Dutchens , New York. The following claims, having been presented to the Town Board of the Town of Wapping , and duly audited and allowed at a meeting thereof held on the 6th day of October , 19__ 66, in the amounts hereinafter respectively specified,and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authoized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM No. 510 \se11 517 NAME OF CLAIMANT Arax Photographic C 388 a i n S _ , Pnugh.. Elaine H, Snowden Schumans Army Navy Afore. ReRr.r, r Jean Hadden AMOUNT FUND OR ALLOWED ACCOUNT OTHER INFORMATION v .83 Town Cler= Offic-e & nthwr N _ C mp o'f Em} G Amer.Photocopy Equip. 5 - v 8a4 T.B. -T. B. -Other--er a: --EE n Advertising -All awpts. vans ton, . cr 515 The Cam= het 1 Press 316 7 a it a a a ?0_0) a a i Othei. Edward Thompson Co. 519 39<) Gold St.,Brooklyn18.04 J-.P•s-Offeree -ter Roy C. Knapp & Sons 5 v 521 a a a Sloper-Willen Comm. 57.22 aa'"abu-� S . mice--vzr._ . \?Q_ 1 ? 523 W. & S.D. MOW,* 127_34 a 090• .7'3-_—'Zli.a�:. liw Pitney -Bowes Inc. "V574 F Walnut St.-, $temferE, \' zl.ou 5 �e �nr-Be cot CConn.. 0 526 Messrs.Quinn & Reilly 5�s0_0p Great Bear Spring Co. \527 56 Colonie ST_,Alhany �s QQ New System Windo CL.CW 528 .P_e.Bnw 1165,Pough. ~15.94 a t --s . r T.n.=T.Tali-"A"-Rentals aoa Sero_ of Attyp.-Rip of ;it. T_B_ -T_ H. -"A" Ran tale Li O, EL Williamson Law Book 529 2011 Main st.13,R©chosi othe- N William J.Fredrickson 530 Maloney jtd_,W_p_ \, Dean VanderCarr 531 Roberts Rd., WF 532_2 Dave Alexander " 50.0Q a a " a In Witness Whereof, I have hereunto set my hand and the Seal of the Town of__ wappi r. this -`day of . October---. .- ..--------- 1966 --- [SEAL] RUM; Elaine H. Howden To WARRANT Joseph H. Fulton , Supervisor Town of VIAL:91 ng r , County of pint as , New York. The following claims, having been presented to the Town Board of the Town of , and duly audited and allowed at a meeting thereof held on the Wappinger 6day of October , 19 66, in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM NAME OF CLAIMANT 1 AMOUNT FUND OR No. ALLOWED ACCOUNT \ 5outn tcoaa rnarmacy 333 Imperial Plaza SC,W.F. \3.35 Recreation- Other Exp. \ Assoc.Transport Inc. 534 11 W. St. ,Brooklyn \/17.96 OTHER INFORMATION 333 Verner Christensen 18.30 Associates HospitalServ. 536 80 Lexinaton.N.Y..N.Y„V126.63 ti - • , • S - Assessors --Office & Exp. T.B. --T w Mall- Insurance - "D"other P_B___T.1ii11•-."1" RF+pairn aim 1R C'PnFra1 HiidRnn G_JF ! Ill PI II y II II It II ,N, Charles Masciola i39 2 Walnut Dr., W.F. x'62.5) Recreati?n- Como_ cp Paiployees X40 Joseph Gutmann \'32_4:) Bldg_ Tnap_-Off ire& Of-har awn. 3 41 Joseph E. Ludewier 15.30 Zoning -OSE f ice & Other (Mileage) Dutchess 342 The County Clerk "6.11) Awes -?f f ica 6. nW-hp.r y Commando Window Clng. .,,ice 1i Vn 1 i nn Dr . PpVU1, _ _`,. 0n m u -m marc "V other a;kc _ Wolfs Sport Shop v S44 Pniighkec pc ie 19Q _ O ' Roarcati3n Other E::p . Amer.Playground Device,'\ 343 Co.,Anderson. Inc. leu a-6� -" C"Pnrs^h_ of F,gnip. Beacon Distributing Co.\ 346 472 Main St.. , Bear.nn 41.111 It _"'a" Al-11er Er. .47 Messrs.Quinn & Reilly 1430.0) Serv. of Attvs & exp. of Lit_ 548 William J. Bulger L97_6O Misc_-Ex-1, ARfin-. of TnwnR V IBM Corp.Sales Office \, 349 Fox St_ IntPrnhanr3o. D 114 01() B dig In- p-Oifi ce & of c.t. Richard G.Barger 330 New Hackensack Rc . , W.Y.V80.0) Maps & Descpt. --Mise. 551 ti II IS Bobert J. Hanna 552 $book Hill Rd__ia'_s'_ \ Maurer ConditioningC. 553 _Albany 7PoP t Bc? W_ S' _ Ilu L. •tr u a g:A., 1;A _ SS J -In Witness Whereof, T -have hereunto this__i --- .- day of- cr = 4CQ ) tt " t " 197470 . " it 14108.S4 � se my hand and ie Seal of the Town of_,l 19 Town Clerk