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1988-10-13 SPM299 A Special Meeting of the Town Board of the Town of Wappinger was held on October 13, 1988, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 6:52 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Gladys Ruit, Deputy Town Clerk Others Present: Thomas Wood, Attorney Joseph E. Paggi, Jr., Engineer The Supery or called -this' meeting for Octobe"r'-13, 1988 for the sole purpose of directing the Engineer to the Town to file the SPDES Permit Application for the New Wappinger Option. The Secretary to the Supervisor polled the Town Board by telephone on October 12, 1988 and a confirming notification of the meeting was placed in their mail boxes in the Town Clerk's Office. The three newspapers and radio stations were also notified by phone on October 12, 1988 and notice was posted on the Town Clerk's Bulletin Board on that date. Mrs. Smith felt that these short notices of meetings were happening too often. This was not an emergency, they knew about this SPDES Permit weeks ago. She checked on this today and was told by the D.E.C. back in August that they do not have to do this SPDES Permit, however, Mr. Wood says he has a letter from the Attorney General's Office saying we do have to do this SPDES Permit. She found out today the reason we have to do the Permit is because Tom Wood did not take care of this in a timely fashion. He knew back in August that if he wrote and told them the option and said we would be ready with a second option and asked that it be waived, it would be done, but Mr. Wood waited too late and because of that they don't have time to get the work done and take it before the judge. That is what she was told today. This is an uncalled for thing, it shouldn't have to happen and she would appreciate it if, in the future, we do not have these emergency meetings. Mr. Wood responded that in a conversation with Mrs. Smith last evening, she said she was advised by Mr. Feldman that by adopting the findings of Tri -Municipal, this would satisfy the D.E.C. Mr. Wood then wrote 300 to Mr. Privatera, Assistant Attorney General indicating what was revealed at the Town Board meeting in regard to the Town pursuing a tie-in with the Tri -Municipal Sewer Treatment facility by adopting the SEQR findings and proceeding to negotiate with Tri -Municipal. Mr. Privatera advised him that the SPDES Permit would have to be filed by October 15, 1988. He spoke to Mr. Feldman about this discussion and conveyed the fact that Mr. Marcogliese had the same opinion. In his next discussion with Mr. Feldman, he told Mr. Wood he was in error and he would inform the Town Board that he was in error. Mr. Wood has been advised by Mr. Privatera what has to be done. What the Town should initially do is write to the D.E.C. at this point, once negotiations commence with Tri -Municipal and set forth any amendments to the schedule that might be necessary to prevent any problem with the Consent Order that has been set forth. Mr. Wood said he was not in a position to write or contact any one on any position of the Town Board and furthermore, he met with the D.E.C. Mr. Feltman, Marcogliese and Privatera early in the summer prior to the Consent Decree and he raised the issue at that meeting with respect to the fact that if the Town went with Tri -Municipal, they would not be in control of the SPDES Permit application. They told him that would have to be a problem of ours and if we went with Tri -Municipal that would have to be addressed at that time. He took exception to Mrs. Smith's inference that he delayed the issue. He also took exception today to Mr. Feldman and Mr. Privatera conversation. He feels the D.E.C. should communicate information to all involved parties, all the same. They have had various officials of D.E.C. telling various representatives of this Town different information. Mrs. Smith agreed with this and said she had been over to the D.E.C. at 3 P.M. to see Mr. Feldman and he admitted to nothing. Mr. Wood pointed out that as we progress with negotiations with Tri -Municipal there may have to be amended schedules and the Town must have firm commitments. Mrs. Smith concurred with this, but was also told that the Town was dragging its feet. Mrs. Paino did not see how the Town could be dragging its feet, they have adhered very closely with the schedule set by Saratoga Associates and have adopted the findings. It is now necessary to direct the Engineer to file for the SPDES Permit. The Engineer, Joseph Paggi, added that the D.E.C. was the instigator 301 and writer of the Consent Judgement and they had the date of September 15, 1988 for submission of the F.E.I.S. They set it, so how could they say now, that in August we were dragging our feet. It's an erroneous statement based on no fact. We have to comply when they set the schedule and we have done this. He told Mrs. Smith she had bad information from D.E.C. and the retorted that she put her faith in them, (meaning the D.E.C.) since she did not feel she was getting good information here either. The representatives from the D.E.C. also stated that they didn't see what the problem was since the SPDES Permit application was such a minor cost. This irked Mrs. Smith who stated that she didn't care how minor the cost was, she didn't want to see any cost if it wasn't necessary, and at this point the Town is spending money like water. Mrs. Paino agreed about spending extra money , however, we are in a situation at this time when we are supposed to submit a SPDES Permit application by October 15th and we must move ahead so we do not incur any fines. We are moving ahead toward Tri -Municipal but we cannot make such a application for Tri -Municipal, only they can do that. This is not an indication that we are not continuing with Tri -Municipal, we are just complying with the dates given to us by the D.E.C. MRS. PAINO moved to direct the Engineer to the Town to file a SPDES Permit Application for the New Wappinger Option and further moved that the Attorney to the Town direct a letter to the Attorney General's Office and the D.E.C. indicating that our first alternative is Tri -Municipal and we request to alter our compliance dates to coincide with Tri -Municipal process, but in the interim we will adhere to the present dates. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Smith asked if there was enough time to meet the deadline of October 15th and was told we would have extra time since that date falls on a Saturday. She added that she was voting for this motion so we would not incur any further fines. 302 MRS. PAINO moved to close the Special Meeting, seconded by Mr. Reis and unanimously carried. The Meeting closed at 7:15 P.M. Spl. Mtg. 10/13/88 Gladys Ruit Deputy Town Clerk