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1967-09-21 SPMA Special, Meeting of the Town Board of the Town of Wappinger was held on Thursday, September 21, 1967, at the Town Hall., Mill Street, Wappingers FalIs,,New York. Members Present:, Roll Call Joseph H. Fulton, Supervisor Vincent Francese, Justice of the Peace Louis Diehl, Councilman Louis Clausen, Councilman Eleanor B. Morton, Deputy Town Clerk Others Present: Rudolph Lapar, Engineer to the Town Supervisor Fulton called the meeting to order at 6:33 P.M,. Mr. Fulton stated that the purpose of the meeting was to make an inspection tour of the Martz Field Recreation Buildings and Field at the request of the Recreation Commission, and, if it was the pleasure of the Board, to vote on the acceptance of the faci Ii ties there,. The Meeting was recessed at 6:34 P.M.,. The Meeting was called back to order at 7:56 P.M.. Members Present; Joseph H. Fulton, Supervisor Vincent Francese, Justice of the Peace Louis Diehl, Councilman Louis Clausen, Councilman William Bulger, Justice of the Peace Eleanor B. Morton, Deputy Town Clerk Others Present: Rudolph Lapar, Engineer to the Town Mr. Diehl remarked that he had asked two questions, one to Mr. Ifill and one to Mr. Schlathaus. The one to Mr. Schlathaus was in regard to the blacktop, which Mr. Schlathaus verified was 6" of blacktop. He felt this should be made clearer on the bills submitted to the Town for payment so there would be no question at a time of State Audit. The second question was the roofs on the Dugouts - a roof on each one for $594.00 -.it appeared to him as a pretty high cost. Mr. Ifill said he would produce bills to sow bills for material and labor to verify the bill presented for payment. Mr. Fulton pointed out that the dugouts were separate from the main building and would prefer discussion concerning the main building. Mr. Diehl said that before accepting it he would like to see a certification from the Building Inspector that everything is in compliance. Mr. Clausen remarked that neither the Town Board or the Recreation Commission had thought of the need at the time - that neither had asked for any estimate from any engin- eer as to what the probable cost of this Building would be. The Public Bids came in, and the Board accepted thelowest, but did not have a figure to compare it with. He felt that in the future there should be some type of basis for the Town to know in .f what general area the cost should be to compare with bids received. Mr. Bulger believed that some of the fault lay with the Town Board, in that the various departments should have definite guide lines as to what the law requires when some project or work is undertaken, and the Board 'hasn't provided these. He suggested that a corrariittee on business practice within Town Government be appoint— ed to make up a manual so that all those who are in any way concerned with business of the Town may know what is expected of them when they transact that business. Mr. Hugh J. Maurer asked for permission to speak. He said apparently something is not in agreement here with the Board. He said he did not feel his Recreation Commission should be a battering ram. We have asked for rules and regulations of Town bidding and procedure as far as Recreation is concerned. There is insin— uation of foul play. Mr. Diehl: On my part, I do not believe this is true. This would help you in your work — help you and the Town Board. Mr. Bulger: That's why I said I believe the Town Board is at fault — we have not provided you with sufficient guidelines as to what the law requires when you do something. Mr. Clausen: We have no intent to use Recreation as a battering ram — I feel very strongly and ask that in the future, Recreation Commission makes sure the Town Board has facts and figures to let out contract. That's Just good business practice. Mr. Maurer: I would like to clarify remarks of tonight. Mr. Francese: We received a sheet from the Recreation Commission showing expenditures and bills for the month — that's a good idea. It is one of the guidelines we should use as it would be helpful in auditing bills. Mr. Fulton: As far as I personally am concerned, I reviewed plans before voting on specifications — I considered bid of $12,500.00 was a good bid and we got our value. Mr. Francese: The issue is with ourselves — that we didn't ask for estimates before bids were made. Mr. Fulton: What is the pleasure of the Board on this building — do you want to table decision tonight or act on it? Mr. Diehl: At this time I would move that we accept it tonight subject to approval of Building Inspector. Mr. Bulger: Motion should be completely clear that we are accepting building and building only. Mr. Diehl: I move that we accept the building subject to the approval of Mr. Ludewig with the best information available to him through whatever engineers, architects, etc. and give us his findings through this information, to the ,16 best of his knowledge, what he can see today. Seconded by Mr. Bulger. Motion unanimously carried. Mr. Fulton: One other subject I would like to interject to the Board if it be the pleasure of the Board to act on it. At the last Board meeting, and I would expect that because of the condition which this meeting was called— we slbuld have to have a motion and waiver if Board is to act on it — we passed a Resolution shutting off Building Permits and C.O.'s to Ye Olde Apple Orchard and Edgehill Manor, Section 3. Mr. Fulton read the following letter: September 19, 1967 Supervisor Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Rockingham Sewer Distr4ct Infiltration Dear Mr. Fulton: In response to your inquiry by telephone, we have contacted Mr. Ken Euell of E.C.C., Inc. relative to plant performance and infiltration. Mr. Euell has informed us that the character of treated effluent is satisfactory and has been since the Town assumed the operation. Mr. Euell said that the flow at the plant is running about 25,000 to 30,000 gallons per day, with an occasional rise to 50,000 -gallons per day following heavy rains. The flow of 25,000 gallons°per day, being higher than it ought to be and the rise in flow to 50,000 gallons per day during storms is indication of infiltration which must be corrected. However, the plant has a hydraulic capacity of 200,000 gallons per day and even with infiltration is not anywhere near its capacity. The primary reason for concern with infiltration at this time is not that the quality of the treated effluent is being impa-ed, but rather that the capacity of the plant to accept its full quota of future homes will be reduced. - To summarize briefly, there is capacity in the plant for existing infiltration plus 300 or more houses and the quality of the treated effluent appears to be o.k.. Very truly;yours, s/ Vincent C. Kelley, P.E. VCK/pam Mr. Fulton: It is my -opinion that with the letter we received dated August 30th (from Mr. Kelley) our action should not be criticized. The Board should consider a mmdified resolution such as: Unless -reasonable correction of this condition is pursued within the next 30 to 45 days, this action would be taken. In interest of justice, in this case, I would like the Board to reconsider the Resolution tonight. In order to do that I would have to have a waiver in form of motion. Mr. Diehl: First, going back to the original letter as I remember it, Mr. Kelley and the Dutchess County Health Dept. said it was not operating to minimum standards. Mr. Clausen: I think intent was all along to show cooperation amonglbuil•ders end the Town.- I agree with you that it should be modified at this point. We have spec— ifications that have to be met and I think it would be to the advantage of both devel— opers and Town to get minimum standards corrected. Mr. Fulton: I would have to have a motion to effect that notice of meeting be waived to accept this subject as proper for this meeting. Mr. Francese: I make a,motion that notice of meeting.be waived and this be a proper subject for meeting — subject being Rockingham Sewer District — and problems arising therefrom and for no Other purpose. Seconded by Mr. Clausen. Motion unanimously carried. Mr. Clausen: Mr. Supervisor, I would like to comment on a few things that had happened between the time the Board took action and tonight. I think we are all in agreement that the action taken that night on information we had was the right one, Very quickly after the developers read of our actions in the paper, I spoke with Mr. Schuele and Mr. Thomann and there was a question in their minds (which shows they were not notified either by Milton Chazen Associates or the Town Board) — I think, in the future, they should be treated more courteously in getting correspondence. Their question was that they were under the impression they had deeded over lateral lines to the Town and weren't aware they had.the respons— ibility of maintaining them. Mr. Fulton: They have not been deeded over to the Town yet. Mr. Bulger: Question should be answered by counsel. Mr. Clausen: There having been,no intervening meetings of this Board, I move that we reconsider action the Town Board took at the September 7th meeting regarding Rockingham Sewer District and the developers concerned. Seconded by Mr. Bulger. Motion unanimously carried. Motion made by Mr. Bulger to reconsider Mr. Clausen's motion of September 7th regarding the direction given pertaining to Building Permits and C.O.'s in Ye Olde Apple Orchard and Edgehill Manor, Section #3 until the minimum standards in these developments are met. Seconded by Mr. Clausen. Motion unanimously carried. Mr. Bulger moved that the Building Inspector, Engineer, Highway Superintendent and Attorney be directed to pull all Building Permits and C.O.'s until the minimum standards in these developements are met. Seconded by Mr. Clausen. Roll Call Vote: Joseph Fulton Nay Louis Clausen Nay Vincent Francese Nay Louis Diehl Nay William Bulger Nay Motion defeated. Mr. Bulger: I move that the effected officials of this Town are directed to contact,the developers of Edgehill #3, Rockingham Farms, and Dutchess Heights, and advise them that infiltration testing, inspection, and repair on their sewer systems in the Rockingham Farms Sewer District be resumed and continued vigorously until the system meets the minimum standards as required by the conditions of their permits. 4 9 In any event, this Town Board desires compliance with those minimum standards by October 31, 1967, and requests that in the interim between October 31, 1967 and its regularly scheduled meeting, November 9, 1967, that Milton Chazen Assoc— iates, Engineers to the Sewer District, conduct the necessary tests and report to this Board at is meeting on the 9th of November as to the results of those tests. Seconded by Mr. Clausen. Motion unanimously carried. Mr. Bulger: I move that the effected officials of the Town be directed that the developer of Ye Olde Apple Orchard, since we are advised that unsatisfactory infilt— ration tests on his sewer lines in the Rockingham Sewer District on June 23, 1967, and they have been further advised to clean system, notify engineers to the Rocking— ham Sewer District when it was again ready for testing, and since, as of August 30, 1967, those engineers have heard nothing from Ye Olde Apple Orchard developer, that no further building permits or C.O.'s be issued for this developer until he has complied with the directives of the engineer to the Rockingham Sewer District. Seconded by Mr. Francese. Motion unanimously carried. Mr. Bulger: I move that bills presented this evening subject to audit be paid. Seconded by Mr. Clausen. Motion unanimously carried. Motion made by Mr. Bulger that the meeting be adjourned. Seconded by Mr. Clausen. Meeting adjourned at 9:18 P.M.. Eleanor B. Morton Deputy Town Clerk WARRANT To Joaeph._B.___.l? atop , Supervisor Town of wappinger , County of Du#.chess , New York. Wappinges -21stday of___.Sep� a certificate thereof and directed to pay hereinafter stated: CLAIM No. 641 1644 Dave Alexander. 1645 Circle Sand & Gra y646_ A-1 Fence Co. '647 A-1 Fence Co. 648 Valley Tree Serv. The following claims, having been presented to the Town Board of the Town of , and duly audited and allowed at a meeting thereof held on the :�te>ber , 19.67_, in the amounts hereinafter respectively specified, and having been duly filed in my office as Town Clerk, you are hereby authorized to each of the following claimants the amount allowed upon his claim as NAME OF CLAIMANT Bill Myers AMOUNT FUND OR ALLOWED ACCOUNT 26,50 Rec E Pughkeepeie Asph 477.75 Rec. g c. 330.60 Rec. 397. 0 Rec. E 512.„_0 Rec, E 614. 0 Rec.E 480.0 Rec. E OTHER INFORMATION In Witness Whereof, I have hereunto set my hand and the Seal of the Town of 1 ppiz geX___ this---21st._.,-day of September _....... 19__67. Town Clerk [SEAL] WARRANT To Joseph H. Fulton , Supervisor Town of Wappinger , County of ©utchess , New York. The following claims, having been presented to the Town Board of the Town of , and duly audited and allowed at a meeting thereof held on the ember , 19 67 , in the amounts hereinafter respectively specified, and having been duly filed in my office as Town Clerk, you are hereby authorized to each of the following claimants the amount allowed upon his claim as Wappin9er 21st day of Sep t a certificate thereof and directed to pay hereinafter stated: CLAIM No. NAME OF CLAIMANT AMOUNT FUND OR ALLOWED ACCOUNT OTHER INFORMATION 649 IfI11 Enterprises, Inc. 1891.95 Rec. Marto Field In Witness Whereof, I have hereunto set my hand and the Seal of the Town of this day of , 19 [SEAL] __. Town Clerk