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1975-06-16 SPM221 A Special Meeting of the Town Board of the Town of Wappinger was held on June 16, 1975 at the Town Hall, Mill Street, Wappingers Falls, New York. Notice of said meeting was mailed to each Board Member on June 12, 1975, calling the meeting for 8:00 P.M. June 16, 1975, for the purpose of considering action on a proposal concerning the roads in Ye Olde Apple Orchard, and any other business that may properly come before the Board. Supervisor Diehl called the meeting to order at 8:25 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Stephen Saland, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Absent: Louis. Clausen, Councilman Others Present: William Horton, Superintendent of Highways Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town Supervisor Diehl stated the purpose of the meeting would be to consider a resolution to enter into an agreement regarding the roads in Ye Olde Apple Orchard, which included stipulations for completion of said roads. Some discussion followed between the Board and Mr. Dangler as to the viability of the terms of the resolution::. The following resolution was offered by SUPERVISOR DIEHL, who moved its adoption: WHEREAS, Opalo Realty Corp., a domestic corporation, is the developer of Sections 1, 11, and 111 of Ye Olde Apple Orchard at Wappingers Falls, in the Town of Wappinger, County of Dutchess, State of New York, and maps have been filed of said Sections in the Office of the Clerk of the County of Dutchess, the dates and numbers as herein set forth: 222 Section 1: September 15th, 1965 - File #3364 Section 11: March 4th, 1968 - File #3552 Section III: August 1st, 1972 - File #3975, and WHEREAS, Section I was completed and the sewer water and drainage and utilities have been installed in Sections II and III, with the roads remaining yet to be completed to the Town specifi- cations, and WHEREAS, the Town demanded and received the payment of sums of Sixty Thousand ($60,000.00) Dollars and Fifty Thousand ($50,000.00) Dollars, totaling One Hundred and ten Thousand ($110,000.00) Dollars, to insure the installation of the roads in accordance with the Town specifications, said sums having been paid by Julius M. Gerzof on May 22nd, 1973 and November 26th, 1973, and WHEREAS, Clove Excavators, Inc. of Poughquag, New York, has agreed to complete the roads for the total payment of $61,255.87, which included interest on an outstanding balance due to it. NOW, THEREFORE, BE IT RESOLVED that the Supervisor is hereby authorized and directed to enter into an agreement on behalf of the Town of Wappinger whereby the said Town will honor an assign- ment from Julius M. Gerzof and Opalo Realty Corp. to Clove Excavotors, Inc. of the sum of $61,255.87 out of the proceeds of the above sum that it holds, which assignment and agreement shall provide that said sum shall be paid directly to Clove Excavators, Inc. upon the completion of the roads in Ye Olde Apple Orchard, placing of monuments, cleaning of drains, and back filling behind curbs, and upon the approval of the Highway Superintendent, the balance of the said funds shall be returned to said Julius M. Gerzof upon the presentation of the following items: 1. Maintenance bond in accordance with Town specifications. 2. Appropriate deeds to roads, recreation areas and easements. Seconded by: Mr. Jensen Roll Call Vote: Councilman Clausen Absent Councilman Jensen Aye Councilman Saland Aye Councilman Versace Aye Supervisor Diehl Aye Resolution Duly Adopted Mr. Diehl informed the Board that he had received a call this day from the Town of Poughkeepsie Supervisor, regarding a proposal to join with the Towns of Poughkeepsie and LaGrange in an effort to keep the swimming facilities of Baird Park open. Supervisor James 223 Geary, Pleasant Valley, Arthur McCluskey, LaGrange, Edward Schueler, Poughkeepsie and Louis Diehl, Wappinger, met today to discuss the pros and cons of a joint attempt to preserve the swimming for residents of their Towns. Hugh J. Maurer, having accompanied Mr. Diehl to this meeting, explained in detail, the. proposal. The total deficit estimate was $1,084.00, of which each municipality would contribute a percentage (figured on population). It would appear that the Wappinger share would be $298.10. This figure could, however, increase if the actual deficit was greater. If, for some reason, the parks revenues exceeded their anticipations, there would be no reimbursement to the Towns. Another consideration for the Town would be insurance coverage - other factors to be weighed in making a decision would be the fact that the Towns would be able to have exclusive use of the pool in the mornings for a "Learn to Swim Program" sponsored by the Red Cross. Wappinger has previously used the Willows for this program, but there have been no assurances this year that this place would be available. The cost of bussing to Baird, however, has to be considered. All of the aspects of the proposal were discussed in length. MR. DIEHL moved that it be the intent of the Town of Wappinger to join with other municipalities in order to retain the swimming facilities at Baird Park, subject to the Attorney to the Town approving the agreement, and further, with the stipulation that, providing any time the four municipalities may withdraw unanimously. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0 Nays Mr. Diehl, with regard to the matter of the transfers he had placed before the Board at the regular June meeting, commented that he had asked for these transfers to the water and sewer districts as loans to be repaid, and there were 5 transfers, as follows: June 9, 1975 Memo To: Town Board Members Elaine Snowden, Town Clerk From: Supervisor's Office Re: Transfer of Monies -Water & Sewer Districts 1. In order to meet O&M charges for the first three quarters of 1975, it is recommended that the Town Board transfer the sum of $8,000.00 as a loan from Sewer Improvement #1 Capital Acct. to Sewer Improvement #1 O&M Account SS5-8130.4 2. Due to the unexpected expenses for repairs, equipment and safety in the Central Wappinger Water Improvement Area, it is recommended that the Town Board transfer the sum of $12,500.00 as a loan from Central Wappinger Water Capital Account to Central Wappinger Water O&M Account SW4-8320.4. 3. In order to meet charges for repairs and O&M expenses of the Fleetwood Water District it is recommended that the Town Board transfer the sum of $3,300.00 from Contingency -Part Town, as a loan, Account B1990.4 to the Fleetwood Water District - Account SW2-8320.4. 4. In order to meet charges for repairs and O&M expenses of the Fleetwood Sewer District, it is recommended that the Town Board transfer the sum of $1,700.00 as a loan from Contingency Part Town -Account B1990.4 to the Fleetwood Sewer District - Account SS2-8130.4. 5. In order to meet charges for repairs and O&M .expenses of the Oakwood Water District it is recommended that the Town Board transfer the sum of $2,000.00 as a loan from Contin- gency -Part Town - Account B1990.4 to the Oakwood Water District -Account SWI -8320.4. Respectfully submitted, Supervise is Office Memo to: Town Board Members Elaine Snowden, Town Clerk From: Supervisor's Office Re: Transfer of Monies 1. In regard to transfer for Sewer Improvement #1 the funds are needed because the customers will not be hooked into the system until the third quarter of 1975. Funds are needed to run the district during this period of time. 2. Central Wappinger Water Improvement Area funds are needed in the Hilltop Area for fencing, meters, to find leaks and pay for vandalism that has occurred at the plant. In the Rockingham Area repairs must be made to the road, check valves and meters, stand-by equipment and fencing. 3. Fleetwood Water District repairs must be made to the electri- cal system, the chlorinator and lines and also O&M charges must be met. 225 4. Fleetwood Sewer District repairs must be made to the automatic timer, fuses, flow -meter, water lines and O&M charges must be met. 5. Oakwood Water District repairs are to be made to wire booster line, chlorinator, meters and O&M charges must be met. i Mr. Diehl further stated that on these items, having brought i them up at the last meeting, hadn't gotten a second to it and there was some discussion on it, but at the time Mr. Clausen, who is not present tonight (and perhaps, I have no right to speak for him), offered no objections at the meeting held where he Mr. Clausen, Mr. Lapar, Mr. Cacchio and Mr. Jensen were present when these facts were presented, and the need for these transfers, and the work to be done. Mr. Diehl offered it as a resolution and and asked for discussion. Mr. Versace, going back to the Public Hearings on the rate increases, believed the rates presented to the public at the time would reflect sufficient funds to not only pay the current expenses of these plants, but further pay for preventative maintenance. Mr. Diehl agreed that this was true, and Mr. Lapar enlarged that these items are in the budgets, it was, as he understood it, to be considered as an advance because the money hasn't come in yet. Mr. Versace persisted, that it wasn't so much of an advance, as you're.transferring funds, and from what he's been told there may not be enough at the end of the year to repay the contingency funds. Mr. Diehl conceded this was a possibility. Mr. Versace agreed it would be fine if there were a guarantee that these funds would be replaced at the year end, but there is no guar- antee. Mr. Diehl said he couldn't guarantee the districts would take in enough money to completely operate these plants this year and pay back the loan, he couldn't even say there would be enough coming in to pay for the operations, certainly, to pay back the loan it may be next year that they're paid back, or maybe three years from now that they're paid back. Mr. Versace said he wasn't 226 asking for a guarantee, what he was saying was we are going to put these districts further in debt. Mr. Jensen commented there were no guarantees that operating costs wouldn't go up which would create an even larger deficit, therefore a need for greater rate increases in the future, or unforseen expenditures for equipment improvements and repairs were not taken care of now would prove more costly later. Mr. Saland's concern was not that of expendi- tures, but questioned counsel on the procedure and regularity that is followed, if he is satisfied about the loans. Mr. Rappleyea replied that he was not so sure about the exact status of the water improvement area because some of those may fall into capital accounts, but he doesn't see any problem with the terminology and later on, if they are capital, that can be straightened out. The others are loans, it's true the one thing we are doing is avoiding paying it, it's an alternative you may not like, but if you need the money it's the only viable alternative you have. The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: 1. In order to meet O&M charges for the first three quarters of 1975, it is recommended that the Town Board transfer the sum of #1 Capital SS5-8130.4 2. Due to the and safety Area it is $8,000.00 as a loan from Sewer Improvement Account to Sewer Improvement #1 O&M Account unexpected expenses for repairs, equipment in the Central Wappinger Water Improvement recommended that the Town Board transfer the sum of $12,500.00 as a loan from Central Wappinger Water Capital Account to Central Wappinger Water O&M Account SW4-9320.4. 3. In order to meet charges for repairs and O&M expenses of the Fleetwood Water District it is recommended that the Town Board transfer the sum of $3,300.00 as a loan from Contingency -Part Town -Account B1990.4 to the Fleetwood Water District -Account SW2-8320.4. 4. In order to meet charges for repairs and O&M expenses of the Fleetwood Sewer District it is recommended that the Town Board transfer the sum of $1,700.00 as a loan from Contingency -Part Town -Account B1990.4 to the Fleetwood Sewer District -Account SS2-8130.4. 227 5. In order to meet charges for repairs and O&M expenses of the Oakwood Water District, it is recommended that the Town Board transfer the sum of $2,000.00 as a loan from Contingency -Part Town -Account 81990.4 to the Oakwood Water District -Account SWI -8320.4. Seconded by Mr. Jensen. Roll Call Vote: Councilman Clausen Absent Councilman Jensen Aye Councilman Saland Aye Councilman Versace Nay Supervisor Diehl Aye Resolution Adopted Mr. Diehl brought before the Board the subject of paving roads. The Board had given Mr. Horton the responsibility of paving the roads specifically in the areas where water and sewer has been put in. This, by Board action having been taken out of the contracts. The directions given Mr. Horton were to move forward and make plans to pave these roads. Now, there has been no money appropriated from Federal Revenue Sharing for him to do these roads. This projected cost is approximately $350,000.00 to complete base and finish coats. Broken down it would be approximately $200,000 this year to finish the finish coats on such roads as ,Spook Hill, which already has a base coat and one base coat on other areas. MR. DIEHL moved that $170,000 be taken from Federal Revenue Sharing that it be appropriated and allocated for Improvement Programs throughout the Town. The amount of $170,000.00 in Federal Revenue now and that October's pament of anticipated $31,693 be appropriated at the time of receiving that payment. Seconded by Mr. Jensen. Roll Call Vote: Councilman Clausen Absent Councilman Jensen Aye Councilman Saland Aye Councilman Versace Aye Supervisor Diehl Aye f The next item Mr. Diehl placed before the Board was the matter of the $500 requested by the Recreation Commission for the purpose of hiring Security Patrols for Recreation Areas. There was, at the time it was first requested some hesitancy as to the amount being sufficient. Damage again was experienced Saturday night at the Quiet Acres Park and Mr. Diehl believes that as a first step the Board should appropriate the $500.00, as investigating the further protection by utilization of the Sheriffs office or even establishment of a Town Police force would take time. Also, at the same time, work with Mr. Maurer that this same security can check the Town's Water and Sewer Plants at the same time they check crucial park areas. He, therefore, requested the transfer of $500.00 from Contingency to a fund for security preventative police work to come under the direction of Mr. Maurer and the two Sewer and Water Committee members. There followed discussion as to what would be accomplished and how much the Town would benefit by such measures. MR. DIEHL moved that $500.00 be transferred from Contingency into a fund for employing Dutchess County Sheriff's Deputies for security patrols of the Town of Wappinger Recreation Parks and Sewer and Water Plants, and further, that Messrs. Jensen and Versace, members of the Sewer and Water Committee, work with Mr. Maurer, Chairman of the Recreation Commission to set up procedure and reports. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes= 0 Mays Mr. Jensen reported that Mr. Cacchio had contacted him concern- ing the water pump that was destroyed at the Hilltop Water Plant. The estimate for parts for the motor of the pump that was destroyed is $1,700. Mr. Cacchio has been also looking for the same pump new, however, it looks like there may be a possibility of having to go to an equivalent pump. A new motor has been located for a cost of $2,000, and since repairs with new parts would come to the same cost, he would recommend purchasing the new motor. He would 229 make a motion, if needed, to instruct Camo to contact the distri- butor to purchase the motor. Mr. Cacchio was instructed not to install the pump and motor until he got written direction from either the Town Board or the Engineer. Mr. Jensen further reported that this might be the appropriate time to install a meter on that well, and also discussed with Mr. Lapar the merits of submersing the pump by building bunkers around it on fencing it in. June 16, 1975 Mr. Robert A. Steinhaus, Chairman Town of Wappinger Planning Board Town Hall -Mill Street Wappingers Falls, N.Y. Re: Kent Ridge -Proposed 28 Lot Subdivision located on Kent Road Dear Mr. Steinhaus: The Town of Wappinger Town Board has directed me to basically answer your letter of June 5, 1975. I, of course, do not feel qualified or empowered to answer it on the Wappinger Sewer Im- provement #1; however, I can state the situation as I see it and the Town Board will have to make the final decision. The applicant is in both the Central Wappinger Water Improvement Area and the Wappinger Sewer Improvement #1. The Central Wappinger Water Improvement, to the design year of 1995, has excess capacity of some 450,000 gallons, Therefore, water certainly is no problem. The Wappinger Sewer Improvement #1, as the plant is presently designed on the theoretical flow tributary thereto, is sufficient to take care of all the existing houses and buildable lots, all the non-residential areas (for instance, the schools and the in- dustrial building on Myers Corners Road), the small commercial Subdivision, and some 30 lots in the Pondview Subdivision. I must stress again that this is our best estimate of the theoretical tributary flow thereto. There could be much less tributary flow and, therefore, more capacity could be available in the Oakwood Knolls Plant. The Town Board, of course, has the right to allow people into the area on a "first come -first served" basis. It is my opinion that all of the some 490 odd -existing or buildable lots will certainly not tie in within the foreseeable future. However, let me repeat that the decision is certainly not of this office and must come directly from the Town Board. Since your letter is directed to the Town Board, I would hope that they would, in the very near future, make this decision. Very truly yours, s/ Rudolph Lapar, P.E. Mr. Lapar emphasized that this specific question must be answered by the Town Board. A lengthy discussion ensued through which it was determined that the Planning Board considering subdivisions in the water and sewer areas should approve them in accordance with their operating procedures, standards and regulations as provided for in these improvements areas. This referring, in part, to the fact that sewer and water mains be installed by, and at the cost to, the developer in these subdivisions. The ultimate granting of sewer hookups however, is dependent on the capacity of the plant at the time the connection to the system is requested. There was also some comments on interim provisions that could be considered if the plant was at operating capacity at the time. It was also stressed that it should be made clear that at the time of the approval of any development, no guarantee is made as to the avail- ability of sewer treatment. The granting of each building permit would, as has been the practise, depend on the approval by the Dutchess County Department of Health of adequate provisions of treatment of sewage. The Town Clerk was instructed to forward this opinion to the Planning Board. Discussion then centered on the priority rights of the presently existing residents, lot owners etc. who were given assurances at the Public Hearings that hook-ups would be available to them when the system was approved for use. Mr. Saland was strongly opposed to allowing any new subdivisions hook-up consideration before each and every one who had been guaranteed a hook-up had indicated to the Town that they either would avail themselves of the opoortunity to do so, or relinquish their priority. It was agreed, however that a cut off date should be established, allowing sufficient time for those so desiring, to hook-up. They agreed, however, that these hook-ups could not be held in abeyance ad infinitum. After further discussion it was agreed that July, 1976 would allow sufficient time to accomplish this and that a resolution should be formulated, on the basis of this date, to work out the mechanics. 231 MR. DIEHL moved that Allan Rappleyea, Attorney to the Town be directed to prepare a resolution establishing the procedure for apprising the existing residents in the Wappinger Sewer Improvement Area that a specific time limit has been agreed upon, by those Board members here present, as being that of July 1976, in which to avail themselves of their priority rights to hook into the system. After said date preference will no longer exist, allowing for hook-up approvals as applied for. Seconded by Mr. Saland Roll Call Vote: 4 Ayes 0 Nays The following letter was received: June 16, 1975 Town Board Town of Wappinger Town Hall -Mill Street Wappingers F lis, Ny. Re: Testing of Water & Sewer Lines Wappinger Sewer Improvement #1 -Contract Central Wappinqer Water Improvement -Contract #4 Dear Board Members: We are experiencing difficulty with K&A Excavating Contractors in completing these projects. During the month of May, by letter, we informed K&A that we would take action if they had not satis- factorily completed the final phase of the project which, of course, is the testing of the lines. I would, therefore, recommend to the Board at this time that K&A be given, by official notice of the Town Board, two weeks to suff i- ciently complete the testing of the water and sewer lines in Wappin- ger Sewer Improvement #1, Contract #3, and Central Wappinger Water Improvement, Contract #4. Unfortunately for the Town, these are key contracts. The water improvement contract ties in the Hilltop Water System (the million gallon tank) with Spook Hill Water System and I do. not have to go further in telling the Town Board, as I am sure they know it as well as I do, the critical necessity of this line being operable. It is further recommended that if at the end of two weeks this is not done, the Town, under Item 5 of the Information For Bidders, invoke the penalty clause in both contracts and that the retained percentage be allocated to pay another testing organization so that these lines can become available to the people in the Town of Wappinger. Unless these lines are fully tested, the other contractors (Rebena, Lombardi, and Alexander) will be unable to finish their testing because of the laxity of K&A. Very truly yours, s/ Rudolph E. Lapar, P.E. MR. SALAND moved that the Engineer and Attorney to the Sewer and Water Improvement Areas notify K&A Excavating Contractors that they are in default of their contract and if they don't cure the default within 15 days the Town will take steps against them. Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0 Nays MR. JENSEN moved that the Town Clerk be directed to send a letter to Mr. Ciesinski, Associate Attorney with the Department of Audit and Control asking him what is the delay on the approval of the Ardmore Hills Water District. Seconded by Mr. Diehl Roll Call Vote: 4 Ayes 0 Nays MR. SALAND moved to adjourn the meeting, seconded by Mr. Versace and carried. The meeting adjourned at 10:11 P.M. Elaine H. Snowden Town Clerk Spl. Mtg. 6/16/75