1980-10-02 SPM1
4
A Special Meeting of the Town Board of the Town of Wappinger was
held on October 2, 1980, at Town Hall, Mill Street, Village of
Wappingers Falls, Dutchess County, New York.
Notice of said meeting was sent to all Board Members on September
26, 1980, calling the meeting for October 2, 1980 at 7:00 P.M.
Newspapers and Radio Stations were notified and a notice was
posted on the Town Clerk's Bulletin Board.
Supervisor Diehl opened the meeting at 7:05 P.M.
Present:
Louis Diehl, Supervisor
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Nicholas Johnson, Councilman
Others Present:
William Horton, Superintendent of Highways
Henry Cuatt, Comptroller
Supervisor Diehl explained the purpose of the meeting would cover
four subjects ----1. Our participation in providing manpower/dollars
for the Aquifer Tests in CSI and Rockingham, 2. Presentation of
the tentative budget to the Town Clerk, 3. Resolution on safer
local roads and streets, and 4. Appointment of Robert Cacio as
part time hydrant inspector. He corrected item ##2 since the Town
Clerk had already received the budget, she would now present it to
the Town Board.
Mr. Lafko had previously requested to speak on the first item, but
preferred this subject to be taken up last, as it probably would be
a lengthy presentation and discussion.
The Town Clerk, having previously received the Tentative Budget of
1981, now presented it to the Town Board.
Mr. Versace reminded the Board that a hearing should have been held
on the Federal Revenue Sharing Budget prior to the presentation of
the Tentative Budget to the Town Board. According to law, the
citizens of the Town, and especially the Senior Citizens, are
invited to participate in this hearing and either orally, or in
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writing, and voice their opinion on how this money should be spent.
His concern was that if Federal Revenue should ever cease, the
Town would have to make up about $140,000 in taxes; we are getting
away from the purpose for which it was intended. The money is
already locked into the budget; he has never seen the results of a
public hearing implemented.
The next item to be discussed was a resolution on safer local
roads and streets and Mr. Diehl explained that their understanding
of this program was that it could be used for road improvement in
the Town. Mr. Horton had met with Mr. Spratt to discuss the program
and was told that road improvement was not the intent, but Mr. Horton
did have other projects in mind that would qualify and he then
informed the Board that he would like to use this for updating the
traffic lights and the Widmer Road culvert. A change, mandated by
the State, had to be made in the traffic lights --the six inch light
had to be changed to an eight.inch light, and there now had to be
two lights of each color facing each way. Mr. Diehl commented that
again the state mandates changes but the Town has to pay, however,
with 75% reimbursement by State bond funds, the Town outlay would
be considerably lower than originally anticipated. Mr.
explained that these two projects had to be done within
Horton
the
next
two years. In order to participate, the Board must approve the
resolution tonight, however, they can pull out anytime before they
commence the projects. Funding was discussed, and when asked, Mr.
Cuatt said the share due from the Town could be bonded, however, Mr.
Versace felt that the culvert work could be taken from the Downstream
Drainage Fund, and the money for the change in the traffic lights
could perhaps be taken from Contingency. The other members of the
Board thought the resolution should be adopted tonight and the
funding could be discussed at a future work shop session.
RESOLUTION ON SAFER LOCAL ROADS AND STREETS PROGRAM
(Towns, Cities & Villages under 200,000 population)
The following resolution was offered by COUNCILWOMAN MILLS who
moved its adoption:
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WHEREAS, pursuant to Chapter 369 of the Laws of 1979, the
Energy Conservation Through Improved Transportation Bond Act,
and Chapter 53 of the Laws of 1980, the New York State Legislature
authorized and appropriated funds for a statewide Safer Local
Roads and Streets Program, and
WHEREAS, pursuant to these statutes; the New York State
Department of Transportation has apportioned program funds to
the municipality as follows:
State Bond Funds
plus Local Match
Total Program-
- $57,048
- 19,016
- $76,064
NOW THEREFORE, BE IT RESOLVED, that the municipality shall
participate in the Safer Local Roads and Streets Program, pursuant
to the terms of the Bond Act, the Program Guidelines and the State -
County Agreement, and it is further
RESOLVED, that construction of the Program shall be by
municipal forces or by competitive bid letting, with oversight
by the County Superintendent; and it is further
RESOLVED, that the municipality shall participate in the
costs of the Program, with 75% reimbursement by State bond funds;
and it is further
RESOLVED, that upon completion of the Program, the Town of
Wappinger shall at its own expense properly maintain the completed
project (s).
IT IS FURTHER RESOLVED, that the Superintendent of Highways
be and he hereby is authorized to sign all project applications.
Seconded by: Councilman Versace
Roll Call Vote: 4 Ayes Mr. Johnson ---Absent
Resolution Duly Adopted
The last item to be considered was action on the appointment of
Robert Cacio as part time hydrant inspector. Mr. Diehl had
interviewed Mr. Cacio and also requested that Mr. Horton interview
him, since he would be under the supervision of the Highway Superin-
tendent. Mr. Diehl recommended an hourly rate of $5.00 per hour,
to be paid by the districts.
MR. DIEHL moved that Robert Cacio be appointed as part time Hydrant
Inspector, under the supervision of the Highway Superintendent, at
an hourly rate of $5.00, which will be appropriated from water
district funds.
Seconded by Mrs. Mills
Motion Unanimously Carried
Prior to taking up discussion the Aquifer tests, Mr. Versace asked
if the Board intended to set a date for a public hearing on the
use of Federal Revenue Sharing Funds for budget purposes.
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MR. DIEHL moved to set the Public Hearing for Federal Revenue
Sharing Budget for Monday, October 20th, 1980 at 7:00 P.M. at
Town Hall, Mill Street, Wappingers Falls, New York.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The subject of our participation in providing manpower/dollars
for the Aquifer Tests in CWWI and Rockingham now came up to the
Board for their consideration. Mr. Diehl referred to a letter
from Camo Pollution Control, Inc. dated Spetember 30, 1980,
which was hand delivered to each member of the Board and quoted
a price of $11,500 including labor, material and rental of a
pump and generator to do these tests. A letter had been received
from Atlas Water Company offering these same services at a total
of $2,800.00, which would comply with specifications set by the
Dutchess County Department of Health and Ground Water Associates,
Inc. a firm approved by the Department of Health, the Town of
Wappinger and Atlas Water Company. Mr. Diehl emphasized the fact
that he wanted the tests done, and as far as he knew, the Board
concurred with this fact. He did have reservations about spending
$11,000 of taxpayers money. He asked for comments from the Town
Board, and Mrs. Mills spoke first saying that she did concur with
Mr. Diehl that the tests should be done and had so stated this
fact at several meetings with the Health Department. She, too was
leary about spending $11,000 from district funds and she resented
the fact that the state is mandating the county and the county is
looking to the Town to pay the cost; she felt the county should
fund these tests. She went further to voice her opinion that it
would be a conflict of interest for Mr. Lafko's firm to do this
testing; they should be done by an impartial person with the
proper qualifications and preferably a firm outside this area.
She repeated that the county or even the state should pay the
cost of the testing. Mr. Versace then spoke and confirmed the
fact that he wanted the tests done; he also felt that the cost
would be a burden to the district taxpayers since they had already
incurred the expense of attorney and engineer fees for testifying
at the water hearings that had recently started. Although this
mandate went back to June of this year, it was not until a week
ago that the County indicated to the Town that they would not fund
of the cost of this testing, and Mr. Versace expressed concern
over this fact. He thought perhaps an informational meeting should
be set with the residents of CEEI to determine what direction they
wanted to go, since it was their money that would be laid out for
the expenses incurred. Mr. Diehl then asked Mr. Lafko to speak and
limit his speech to five minutes.
Mr. Lafko began by reviewing his proposal. Number one, the project
that Lafko Associates would be doing would be as a plumbing contractor
for the mechanical fastening of the devices and installation, in
conjunction with, or as subcontractor to, Camo Pollution, and under
the supervision and the guidance of Andre Zienkiewicz, P.E. from
Ground Water Associates, Inc., who Mr. Lafko referred to as "Andy".
This would have nothing whatsoever to do with the tests. Mr. Lafko's
offer for this work was $2,800.00 with an additional $1,000.00 for
Michael Morris, who will provide one man, two at the most for monitor-
ing the readings in conjunction with the one man from "Andy". The
professional Aquifer testing will be done by "Andy", and will cost
a total of $15,000.00,--$7,500.00 to be paid by the State and
$7,500.00 by the County. Mr. Lafko mentioned paying the bill from
Federal Revenue Account, since by the time it was due, the Town
would know the amount they would receive. Mr. Diehl interrupted
to say that would be a "no no", spending money from that account
for the districts. Mr. Versace questioned Mr. Lafko as to how he
arrived at the total of $3,800.00 when his letter quoted $2,800.00,
and Mr. Lafko explained that if he subbed under Camo or "Andy", who
would provide a man to do the reading, that would add another
$1,000.00 to the bill. After further discussion on the "maximum"
total of $3,800.00 to the Town, and what the Town would actually
receive for that sum, Mr. Diehl read the last paragraph from Camo's
letter of September 30, 1980, signed by Michael Morris, Vice Presi-
dent as follows:
"In summary, it is the feeling of the writer that with the
exception of room and board all savings on this project
would be due to the use of less experienced personnel which
would greatly increase the possibility of overruns and
questionable final results and since it would appear that
there is little savings to our client CWWI in providing
part of the service I would most strongly advise the Town
if they plan to go ahead to propose and commit to follow
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Plan B in which Ground Water Associates will provide
the entire service. In this way the Town would be
obtaining the equivalent of State Aid for the project
which would provide them excellent data on their well
fields at about 1/3 of market value. If you have any
further questions regarding this matter please contact
us".
The cost of Ground Water Associates Inc. to do the entire testing
quoted in Mr. Morris's letter was $50,000.00 under Plan B, and
under the "Remark" column was stated, "sole responsibility and
complete expertise in all phases". Mr. Lafko's response to this
was "it's obsolete", however, Mr. Diehl differed with him since he
spoke to Mr. Morris just hours before the meeting.
Mr. Fulton was recognized by the Chair and urged the Town to pass
a resolution approving the expenditure of $3,800.00 to Lafko
Associates to do the work for the testing as outlined by Mr. Lafko.
He went further with a discussion on the cost of the attorney and
the engineer and believed that they had the Town in a "box". He
contended that if the Aquifer Tests had been made in March, the
Hearing would have only lasted one day. The Attorney and the
Engineer are trying to prevent these tests. He also commented
that had Mr. Lapar been present tonight, because of the $3,800.00,
he would have wagered him this; that if those wells pass the test,
he will pay, and if the wells don't pass it, Mr. Lapar would pay.
MR. VERSACE moved that the Town accept the offer of an expenditure
of a maximum of $3,800.00 by Lafko Associates for testing as out-
lined by Ground Water Associates, Inc. and confirmed by Michael
Morris of Camo Pollution Control, Inc.
Motion Failed For Lack of a Second
Mr. Lafko, upon the failure of the motion, stated he withdraws his
proposal.
Mrs. Schmalz was recognized by the Chair and informed the Board
that the residents of her area were shocked to hear they were being
charged the expenses of the water hearing that they had requested
not be held. Their reason for this was they felt the Aquifer Tests
should have been done before the hearings were conducted. The be
hearings were for the purpose of determining who would provide
water for the Cranberry Hills Development, therefore, let them
pay the bill. She went on to say she objected to paying the bills
that were accumulating due to the continuation of these hearings.
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t) t3
Mr. Diehl closed the discussion by stating that the Board wanted
the tests to be done as soon as possible, but felt that the
hearings could continue, they did not see any logic in delaying
the hearings.
MR. DIEHL moved to close the Special Meeting, seconded by Mrs.
Mills and carried.
The meeting closed at 8:28 P.M.
a uQ
Elaine H. Snowden
Town Clerk
Spl. Mtg. 10/2/80