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1970-06-22 SPMA Special Meeting of the Town Board of the Town of Wappinger was held June 22, 1970, at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:47 P.M. Present: Louis Diehl, Supervisor G. Donald Finnan, Councilman Harry Holt, Councilman Elaine H. Snowden, Town Clerk Absent: Louis Clausen, Councilman James Mills, Councilman Others Present: Allan Rappleyea, Attorney to the Town Mr. Diehl stated that the meeting tonight primarily concerned the acceptance of the Deed to the Rockingham Sewer Plant, and awarding of the Bid for the construction of sand filters for this plant. Mr. Inzonka had presented the deed to Mr. Diehl, and Mr. Diehl, at this point thanked him, Mr. Fields and Mr. Court for their fine cooperation and the fine cooperation of the rest of the Developers in the district in getting the district on a firm footing. MR. FINNAN moved that the Deed to the Rockingham Sewer Plant be accepted by the Town Board, subject to the certification of the title thereof, and subject to the provisions of the Town Law regarding the approval of this installation. Seconded by Mr. Holt. Roll Call Vote: Supervisor Diehl Aye Councilman Finnan Aye Councilman Holt Aye The Town Clerk stated that Bids had been advertized for sand filters on May 21, 1970, received and opened June 16, 1970, at 2:00 P.M. at the Town Hall, Mill Street, :Wappingers Fall, New York. Two Bids were received: Hall & Company, Inc., 20 Hallwood Road, Delmar, New York and Lafko Associates, Inc., New Hackensack Road, Wappingers Falls, New York. The following letter was received: June 18, 1970 Town Board Town of Wappinger Mill Street Wappingers Falls, New York Attention: Supervisor Diehl Re: Rockingham Farms Sewer District Construction of Sand Filters Project Bidding WPC -NY -340 Gentlemen: We have reviewed the bids received on June 16 and report as follows: Hall & Co., Inc. Delmar, N.Y. $133,585.00 Lafko Associates Inc. Wappingers Falls, N.Y. $148,500.00 The Hall bid contained a notation that the cost of underground cable fromtheowners switch and the electrical equipment for operating the pumps was included in the price bid. (This re- quirement, while inferred, was apparently not specifically defined as an item of work.) The Hall bid did not contain a statement with the bid, as required, that they had or had not previously done work subject to Presi- dential Executive Orders 10924, 11114, or 11246. The Hall bid did not note the receipt of addenda No. 2 which was the New York Statefrevailing wage rate schedule. Letters have subsequently been received from Hall & Company stating that he has done work under the Presidential Orders and that he agrees to the inclusion of Addenda No. 2 in the contract. It is our opinion that the bidding notations and discrepancies are inconsequential informalities which should be waived and recommend accordingly that the Board designate Hall & Company as the bidder to whom the Town wishes to award a contract. A copy of FWPCA letter of 10/10/68 is attached which outlines proceedure necessary to attain FWPCA Authorization to award the contract. Truly yours, s/ Vincent C. Kelley, P.E. 14., The following letters (as referred to in Paragraph 4 of Mr. Kelley's letter) were also submitted to the Board: June 16, 1970 Supervisor Diehl Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Rockingham Sewer District Gentlemen: Enclosed is our statement concerning compliance with the bid requirements with respect to certain Presidential Executive Orders. We apologize for having omitted this when we submitted our bid for the above job. We also acknowledge that we were informed that there was issued addendum #2 covering prevailing wage rate schedules for this project. This is to certify that we accept these wage rates as applicable to the bid. Very truly yours Hall & Company, Inc. s/ Frederic B. Adler June 16, 1970 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Attention: Supervisor Diehl Re: Rockingham Sewer District Gentlemen: This is to certify that we have performed work subject to the President's Executive Orders Numbers 10925, 11114 and 11246. Very truly yours, Hall & Company, Inc. s/ Frederic B. Adler MR. FINNAN moved that the bid of Hall & Company, Inc. be accepted for the construction of Sand Filters for the Rockingham Farms Sewer District, conditional upon the approval of the Federal Water Pollu- tion Control Commission, and further conditional upon the review and Y 146 approval of the installation pursuant to Town Law. Seconded by Mr. Holt. Roll Call Vote: Supervisor Diehl Aye Councilman Finnan Aye Councilman Holt Aye Mr. Diehl stated that the next item to be taken under consideration was in reference to a resolution passed by the Board June 8, 1970, requiring three of the Developers in the Rockingham Farms Sewer District to fulfill their obligation of the unpaid balance of $25,000.00 each (for the sum total of $75,000.00). Mr. Holt stated that upon review of the funds required, the total came to $72,000.00, which broken three ways comes to $24,000.00 from each Developer. MR. HOLT moved that the Resolution adopted by the Town Board on June 8, 1970, be amended with respect to the amount to be collected from each developer, in that it should read $24,000.00 instead of $25,000.00. Seconded by Mr. Finnan. Roll Call Vote: Supervisor Diehl Aye Councilman Finnan Aye Councilman Holt, Aye The following application requesting a permit to excavate fill was received: June 19, 1970 To: The Town Board, Town of Wappinger Re: Application for Permit to Excavate Fill Gentlemen: Application is hereby made by the undersigned for *emit to extract fill in accord with Section 439, et. seq. of the Zoning Ordinance of the Town of Wappinger, for the purpose of removing approximately 70,000 yards of fill from the rear of the New Hacken- sack Plaza and disposed of to the Joint Sanitary Landfill at Dutchess County Airport. In support of application, the following information is submitted. 1. The name and address of the applicant is Douglas C. Cochran, Inc., Overlook Road, Poughkeepsie, N.Y. 147 2. The general area of the proposed excavation is real property owned by Charles J. Patrick, Douglas C. Cochran and William J. Lavery, and situated in the Town of Wappinger at the corner of Maloney Road and Route 376. 3. In accord with the requirements of Section 439.01, et. Seq. of the Zoning Ordinance of the Townof Wappinger, the excavation of fill shall be conducted as follows: (a) No excavation shall be closer than 50 feet to any street line or other property line. Any excavation below the grade of a street line or property line shall be more than 200 feet from said lines. (b) The finished grades to be the same as the existing parking area. (c) Fences and/or barricades shall be erected to protect pedestrians and vehicles. All open pits shall be enclosed by fencing until they are refilled or grades. (d) Materials and waste materials shall be stored piled or located relative to property lines in accord with the standards set forth in paragraph (a) above. After the excavation operation is completed, waste materials shall be used to fill all open pits, and any excess waste materials will be graded and leveled. (e) Excavation shall occur only between the hours of 6:00 A.M. to 8:00 P.M., Monday through Saturday. 4. The undersigned respectfully requests that permit be issued to him to excavate fill to extend the parking area in rear and South of New Hackensack Plaza, approximately 50 feet in both directions. Such permit to be in effect for one year. The final slope of any excavated area shall not exceed the normal limiting angle of Town requirements. All slopes to be seeded on completion. s/ Douglas C. Cochran, Inc. President MR. FINNAN moved that Mr. Cochran's application be referred to the Building Inspector and Engineer to the Town for their inspection and recommendation. Seconded by Mr. Holt. Roll Call Vote: Supervisor Diehl Aye Councilman Finnan Aye Councilman Holt Aye A letter was received from Mrs. Pauline Egan, one of the coaches for the Town of Wappinger girls softball league. She noted that she had requested '$.20.00 from the Recreation Commission to cover expenses to pay for a picnic for the girls, and was refused on the basis that there wasn't enough money in the budget to cover expenses 1 4 8 for this picnic. She pointed out that there was an allocation of $100 for Lassie League Umpires that wouldn't be used because there was no Lassie League this year. MR. FINNAN moved that $20.00 be appropriated for the Town of Wappinger girls softball league in the Recreation Budget. Seconded by Mr. Holt and unanimously carried. Mr. James Coombs, attorney representing Edge Hill Manor Inc. developers, noted that the Town Board has revised one resolution in regard to an amount of money, and again on June 18, 1970, another resolution was passed with regard to the payment of the monies. He stated that it was his understanding of the resolution that the Town Board will not raise an objection either to the issuance of Building Permits, cancel outstanding Building Permits, or refuse to grant certificates of occupancy, tohe developers who do pay this sum ofnoney, on account of the non-payment of any of the developers. Is this understanding correct? He pointed out in the resolution(of 6/18/70) paragraph 2D and said all he was talking about was the fact that non-payment of one of these developers will not, as he understands it, be raised as an objection to any of these other things that are contained in the resolution. Mr. Finnan stated it was quite clear to him, distinctly saying that the ones who don't pay don't get building permits or anything. Mr. Diehl stated that it certainly was not the intent of the Town Board to punish any developer who has paid and lived up the resolu- tion, that the Board has passed because another developer has not paid or lived up to the resolution. That this Board has no intent of holding up building permits to those who have honored the resolu- tions, State and Dutchess County and Town Laws. Mr. Worona requested a copy of the minutes, when they were trans- cribed, setting forth the instructions of the Supervisor and the Town Board. MR. FINNAN moved the meeting be adjourned, seconded by Mr. Holt and unanimously carried. Meeting adjourned at 9:00 P.M. 730 astai-cai Elaine H. Snowden Town Clerk