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1987-07-09 SPM182 A Special Meeting of the Town Board of the Town of Wappinger was held on July 9th, 1987, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:05 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Joseph E. Paggi, Jr. Engineer Thomas Wood, Attorney The Supervisor called a Special Meeting for the purpose of addressing two resolutions, one relating to negotiations with New York City on tapping into the Delaware Aquaduct; the second to set a date for the Public Scoping Session for the Wastewater Facility Plan; and also to consider various personnel appointments. Notice of this meeting was sent to all Town Board Members on July 2, 1987, calling said meeting for Thursday, July 9, 1987 at 7:00 P.M. - notice was also sent to the three local newspapers and radio stations on the same day and in addition, a notice was posted on the Town Clerk's Bulletin Board on July 2, 1987. Mrs. Paino explained that a few meetings previous, the Town Board authorized her to enter into negotiations with New York City relating to this Town tapping into the Delaware Aquaduct. On this matter, she and Councilman Reis met with two engineers in New York City about two weeks ago and she felt it was a very positive meeting and possibly, that the door was open to the Town in the future to tap into this Aquaduct. During a discussion with Mr. Paggi, Engineer to the Town, he indicated that he would like to have preliminary discussion with an engineering firm who specializes in this field, prior to the Town going any further with this project. Mr. Paggi felt that it would be in the Town's best interests to consult with such a firm. He had been informed that the firm of Brinnier and Larios, Kingston, New York have had recent similiar experiences with Orange and Ulster County and in his opinion, the Town should have their services available. MRS. PAINO moved to authorize the Engineer to the Town to consult with the firm of Brinnier and Larios, on a preliminary basis at a fee 183 not to exceed $75.00 per hour. Seconded by Mr. Reis Roll Call Vote: 4 Ayes Mrs. Visconti --- Nay Motion Carried Prior to her Nay vote, Mrs. Visconti requested to discuss the motion and proceeded to explain that she had contacted Lucille Pattison Dutchess County Executive, to receive further documentation since all the information she had was from the newspapers. It was her intention to have a member of the Dutchess County Water Resources Policy Group speak to the Town Board, prior to any action they take, to fully inform them on this matter. Since this group was involved in this issue, they could be a help to the Town with their expertise. Mrs. Pattison was receptive to this request, but could not arrange it on such short notice and suggested that it be at a future meeting. Councilman Reis then informed Councilwoman Visconti that our Supervisor was a member of that group and as such, she, too, is knowledgable of what the matter entails; she has been a member for the last year and a half and at this point, the County has nothing in place pertaining to solving the water situation. Through research he found that each municipality is on its own when it comes to getting water from New York City; at this time there is not one county wide water district that has applied to New York City for water. Orange County is in the process of putting a plan together to accomplish this. A newspaper article pointed out that the Supervisor is very interested in contacting other municipalities that need water. The water is needed now and definitely more so in the next three to five years and that is the reason he and the Supervisor traveled to the City to get the ball rolling, so to speak. This project is a specialty item and the Town needs an experienced firm to advise them on procedure and cost involved. Mr. Farina pointed out that in the meeting that this subject came up, the fact was brought out that the Supervisor had thoroughly researched the history of New York City water and the various laws that were enacted. He complimented the Supervisor for taking the initiative to try to implement this action; in addition, the Town has been compli- ment by Norm Benson and Roger Akeley for taking the initiative to protect our watershed. Mr. Valdati also wished to make comments and felt that if the County group was willing to share their input it would be most helpful to the 184 Town and could save the expense of procuring it otherwise. Perhaps it would be feasible for the County to enter into negotiations and doing studies, using their funds, instead of ours. Mrs. Paino pointed out that there would be no cost to the taxpayers as consortium monies allotted to the protection of the Hilltop Aquifer could be used for this purpose. Discussion continued to the point when the Attorney's opinion was requested and prior to his statement, Mrs. Paino introduced Thomas Wood, the newly appointed Attorney to the �✓ Town, who proceeded to note that he had previously done some minor research and it appeared that there was no actual prohibition against Wappinger tapping into the Aquaduct, but he did find there were certain municipalities, where the reservoirs are located, that have been given proper legislative permission to immediately tap into the Aquaducts. He went on to explain that some of the information that may be required from the Town, prior to New York City considering their application, is how water could be feasibly drawn from the tap, etc. and this will be the information the Engineer will be seeking from the specialized engineering firm. This engineering data, Mr. Wood pointed out, can be used in a two fold way --- if there isn't a bar, which he feels does not exist, based on his preliminary evaluation, the information will be used in discussion with New York City and if, in fact, there were a legal bar, the same data could be used to perhaps persuade the legislature to allow the tap for whatever quantity could be tapped out, according to the information provided by the firm. In answer to a query from Nick Johnson on procedures of distributing the water from the Chelsea Area to Central Wappinger Water Improvement Area, the Engineer responded that if the Aquaduct proves to be a realistic source of water, at that point in time, the Town will then determine in what direction they want to go. In his opinion, a town wide water system would be the way to go. Reference was then made to the interconnection with CWWIA and the Atlas Water Company, a privately owned company, which generates a plentiful source of water, as Mr. Johnson understands the situation. This "marriage" was finalized by an agreement between the Town and Atlas in December of 1983 and provides a backup of water supply which more than doubles the capacity of CWWIA. This also gives the Town the ability to expand the system if the Town so chooses and add customers as it grows. On the other hand, if they started where no 185 water district exists, the cost would be considerably higher than where you have more development. The source is there within the Atlas Water Company and perhaps the Town should consider purchasing this Company to assure a plentiful water supply, rather than run pipes from the unserviced area of the Town. Mrs. Paino had a few reasons why this would not be practical --- there has been previous discussions relative to Mr. Johnson's recommendation, however, he must be aware that the pipes have been there a number of years and if the Town bought the system, they would have to expend a considerable amount of money to replace the pipes. Also the interconnection has produced a number of problems on both sides of the system, which has been determined by both the Engineer and the operators of the plants, Camo Pollution Control. Mr. Paggi elaborated on these problems and pointed out that the intent was for emergency purposes. Another fact brought out by Mrs. Paino was that the airport and balefill sit to the north of the Atlas system which causes a concern for contamination. Ron Lafko, resident of the Town and co-owner of Atlas Water Co. agreed that the conditions mentioned by the Engineer do exist. There are conditions that are plus and minus on both sides and the intent of the "marriage" is to bring out the advantages of both systems at the least cost to the residents. He supports the Town in its endeavor to probe for the facts relating to a future water source; he intends to cooperate with the Town and expects the same from them in regard to providing a good water source to the people in the Town. The vote was then taken on Mrs. Paino's motion to authorize the Engineer to consult with the engineering firm of Brinnier and Larios, at an hourly rate of $75.00. The motion was carried with all but Mrs.Visconti voting in favor; Mr. Valdati voted for the motion due to the fact that it wasn't costing the Town any expense and Mrs. Visconti voting against because she felt a member of the Dutchess County Water Resources Policy Group should meet with the Town Board to provide them with additional information. Mrs. Paino added a final comment that anytime anyone wanted information from this Group, she would be happy to provide them with any details they desired. On the second item, prior to the resolution setting a date on the Scoping Session for the Wastewater Facility Plan, Mrs. Paino noted that the Town is most anxious to continue with the E.I.S. on each of 186 the three alternates included in said report. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, on January 5, 1987, the Engineering firm of Paggi and Martin, made a public presentation of its Town of Wappinger Waste Water Treatment Facilities Plan and WHEREAS, on January 26, 1987, the Town Board of the Town of Wappinger circulated a notice pursuant to ARticle 8 of the Environmental Law seeking lead agency status on the analysis of three major options presented by the Engineers to the Town with respect to sewage services within the Town of Wappinger, and WHEREAS, by Order dated March 31, 1987, the Town Board of the Town of Wappinger was designated by the Commissioner of Environmental Conservation to be the lead agency, in accordance with Article 8 of the Environmental Conservation Law, and WHEREAS, the Town has previously retained the services of the Saratoga Associates as Consulting Planners with respect to the preparation of an Environmental Impact Statement for the above project, and WHEREAS, now that the Town Board has been designated the lead agency Saratoga Associates are prepared to undertake the preparation of a draft Environmental Impact Statement in preparation for the final preparation of the Environmental Impact Statement for this project, and WHEREAS, the input from as many members of the community as possible is desired by all parties involved, THEREFORE, IT IS HEREBY RESOLVED that Saratoga Associates shall conduct a public meeting to receive public comment on the Town of Wappinger Waste Water Treatment Facilities Plan as presented by Paggi and Martin, Engineers for the Town, said meeting to be held on August 3, 1987, at 7:30 P.M. at the Town Hall, Town of Wappinger, and BE IT FURTHER RESOLVED, that anyone wishing to submit written comments or statements addressed to the scope of the DEIS being considered herein may submit the same to the office of the Town Clerk of the Town of Wappinger up to and including Friday, August 7, 1987 at 4:00 P.M. and any comments or statements so submitted shall be considered as part of the record of the public meeting, and BE IT FURTHER RESOLVED, that notice of this meeting shall be published in the official newspaper of the Town of Wappinger immediately following the adoption of this Resolution, and posted on the official Town Bulletin Board, and BE IT FURTHER RESOLVED, that the Attorney for the Town be and hereby is authorized to retain the services of a stenographer for the public meeting to record all of the comments and concerns and issues addressed at said meeting, and BE IT FURTHER RESOLVED that Saratoga Associates shall conduct said public meeting and shall receive all said comments either at the said public meeting on August 3, 1987, or submitted up to and including August 7, 1987 and address the same in the scoping document to be prepared in anticipation of the DEIS, and BE IT FURTHER RESOLVED, that a copy of this Resolution and the notice of Public Hearing shall be forwarded to agencies notified of the Town Board's designation as lead agency. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays 187 Mrs. Visconti referred to the concept document for implementation Titles 2 & 6 of the Water Quality Act of 1987 and read excerpts from a letter from the Department of Health stating that the only viable option for the Town was the Tri -Municipal alternate ---Reese Park is above and beyond the restrictions of the deed for the park land; also a letter from Park & Trust stating that the restrictions precluded them from using the Reese Park alternative. She then referred to Page 16 of the document which describes the grant program authorized by Title 6 of the Clean Water Act which, in essence, makes loans available from the State to muncipalities constructing wastewater treatment facilities, below market interest rate or possible zero interest rate. These loans are available only through a regional approach, which in this case, would be the Tri -Municipal Sewer Improvement Area. The Town has already expended funds, Mrs. Visconti pointed out, on Tri -Municipal, engineering costs, and the contract with Saratoga Associates. Since there appears to be money available for this alternative, the Town should dispense with other alternatives and adopt Tri -Municipal, apply for the monies and proceed with the project. The Attorney pointed out that even if they went that way, an E.I.S. would have to be prepared and as part of that process, an E.I.S. would have to be prepared for the other alternatives to determine their impact, so they were actually, at this point, having the required studies done by Saratoga Associates which would be needed for any of the avenues they pursued. Further discussion ensued on the subject at which time the Engineer disclosed information that his firm had contacted the grants and loan department of the D.E.C. and received correspondence stating that there were no grant monies available and furthermore the Town of Wappinger would be scored on its own merits. Mrs. Paino added that correspondence was an addendum to the Engineer's report and is included in the rear of the document. This discussion was extended to the floor and upon recognition by the Chair, Frank Versace, resident of the Town, questioned the Attorney on whether a referendum would be required if the Town Board decided Tri -Municipal would be their choice, since that was the procedure the Town followed to withdraw form the project. The Attorney advised him that he would have to research the answer and was then requested by Mr. Versace to inform him in writing when he had that information. As a point of information, Mrs. Paino noted 188 that the Tri -Municipal Commission has ruled that the Town of Wappinger cannot be a part of the Commission in any other capacity but as a tenant to the Tri -Municipal. The Mayor of the Village of Wappingers Falls was also recognized and questioned whether the studies done by the Town for the Tri -Municipal could be used for the present project to save the Town additional expense and was informed by the Engineer that the E.I.S. prepared for Tri -Municipal would be included in the one now being prepared ---the procedure would be -reference that study. The roll call vote was taken on the resolution and resulted in it being unanimously approved. Next on the Agenda was the resignation of Frances Patterson from her position as Assistant Court Clerk to the Town Justices, due to personal reasons. MRS. PAINO moved to accept Mrs. Patterson's resignation with regret and forward a letter of thanks to her for her services to the Town. Seconded by Mr. Farina Motion Unanimously Carried The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that Maureen Ann Straub, be and she is hereby appointed Assistant Court Clerk to the Town Justices of the Town of Wappinger, to fill the vacancy created by the resignation of Frances Patterson, and BE IT FURTHER RESOLVED, that the said Maureen Ann Straub will be compensated for her services as Assistant Court Clerk at the prorated annual salary of $10,000. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays The Assessor's Office also had a vacancy in the position of Clerk to the Assessor. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that Linda Liucci be and she is hereby appointed as Clerk to the Assessor to the Town of Wappinger to fill the vacancy created by the resignation of Anna May DeMilio, and BE IT FURTHER RESOLVED, that the said Linda Liucci will be compensated for her services as Clerk to the Assessor at the prorated annual salary of $10,000. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays 189 Several members of the Conservation Advisory Council have recently resigned and a recommendation has been received from Matthew Landi, Chairman of this Council, for members to replace those who have resigned. Mrs. Paino brought up the fact that one individual has failed to send in his resignation although he has not been active on this Council for a year and a half. The Chairman was present and noted that this individual has been a problem; although several communica- tions were forwarded to him and have not been returned, he has failed to inform the Board of his intentions relating to remaining as a member, although an inactive one, or his intent to resign. The Attorney noted that if there is no formal resignation and until they can follow a procedure to remove this individual from the Council, he will have to remain as such and at this time, three new appointments can be made but the fourth one will have to be entertained at a future meeting. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that Cathy Parades, James Justivig, and Richard Dobdins, be and they are hereby appointed to the Town of Wappinger Conservation Advisory Council to fill the vacancies created by the resignations of Patricia Kelley, Roger Mann and Oscar Scherer, and BE IT FURTHER RESOLVED that the term of the three newly appointed people to the Conservation Advisory Council will expire in June of 1988. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays There was no other business to come before the Board. MR. REIS moved to close the Special Meeting, seconded by Mr. Farina and unanimously carried. The Special Meeting closed at 8:00 Spl. Mtg. 7/9/87 134:-Ti)attlt Elaine H. Snowden Town Clerk 1