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.
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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