1967-03-16 SPM4 9;4
A Special Meeting of the Town Board of the Town of Wappinger was held
on Thursday, March 16, 1967, at the Town Hall, Mill Street, Wappingers
Falls, New York.
The meeting was called to order at 7:43 P.M.
Members Present: (answering roll call)
ABSENT:
Joseph Fulton, Supervisor
Louis Clausen, Councilman
Louis Diehl, Councilman
..William Bulger, Justice of the Peace ..
Vincent Francese, Justice of the Peace,
Others Present:
Joseph Quinn, Attorney -
Harold Reilly, Attorney
Rudolph Lapar, Engineer to the Town
Mr. Clausen asked, if the Board would reschedule the Planning Consul-
tant.
Mr. Fulton said the Consultant would be here Monday night with the
Planning Board and he would bring in his recommendation at that time.
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Mr. Fulton suggested that the Town Board members meet Monday night
with the Planning Board in their session and they could pick this up
at that time.
Mr. Fulton: You're all aware that we received a petition for.referen-
dum on the sanitary landfill. I was advised by our attorneys this
afternoon that there was something wrong with the petition. I.wpuld
advise that we notify_these.people immediately. It's just the "attested
to" and I think wecan take care of it immediately. Mr. Quinn can
explain it when he arrives.
Mr. Fulton stated he had been advised this afternoon by Mr. Scoralick
that the operation of the Oakwood Sewer Plant is not satisfactory.
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The effluent was very bad. Mr. Lapar was called this afternoon and
was asked to meet with ECC in the morning to see if he can take care
of this. He had been informed by Mr. Lapar that they are continually
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testing the effluent and the last test they took wasn't satisfactory.
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The following reports were received from Mr. Lapar and ECC re4Ard.ng
status of Oakwood Knolls Water System;
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49
Feb,, 7, 1967,.
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Gentlemen,
The status of the Oakwood Knolls Water -System at pre.s.+ent
requires the following items:
One (1) additional transfer pump (Standby, Gas operated)
One (1) electrical outlet for thechemical feeder in lieu
of extension cord
Two (2) sight glasses for the pressure tank
Site work, Fencing, Access Road and repair to Pump House
It is felt that the Standby Pump should bp installed at
this time to insure water service in cases of,emergency or
transfer pump failure.
MEMO TO:
FROM:
DATE:
SUBJECT:
Gentlemen:
Yours truly,
s/ Kenneth E. Euell
Town Board, Town of Wappinger
Rudolph E. Lapar, Engineer to the Town
February, 271 1967
Letters from Mr. Kenneth E. Euell, E.C.C., in regards
minimum improvement requirements for Oakwood Knolls
Sewer and Water systems
I am hereby submitting my recommendation that these minimum
improvements to the Oakwood Knolls Sewer and Water Systems be
approved.
I made a field inspection with Mr. Euell on Friday, Feb. 17,
1967, and my . recommendation, is -as a result of -this physical inspection.
Yours very truly,
s/ Rudolph -E._ Lapar
Engineer to the Town of Wappinger
Mr. Clausen asked if anything had been done as a result of these
reports.
Mr. Fulton replied nothing had been done.
Mr. Clausen: I was under the impression that these minimum require-
ments would be met. I agree that this should be done immediately.
Mr. Lapar said the operators were saturating the effluent with chlorine,
but something should be done as soon as possible.
Mr. Clausen made a motion that the minimum standards for Oakwood Knoll
494
Sewage Plant, submitted and recommended by ECC, and confirmed by the
engineer to the Town be acted upon immediately. Seconded by Mr. Diehl.
Unanimously Carried.
Mr. Fulton, returning to the subject of the Petition on the Sanitary
Landfill, made a motion that the attorney to the Town immediately
get in touch with the petitioners of the Sanitary Landfill and advise
them of what is necessary to modify the petition that was brought in.
Seconded by Mr. Diehl. Unanimously Carried.
Mr. Clausen - on the landfill again - we're all aware at the last
meeting a State Engineer came in. Do we have a report on that?
Mr. Fulton: No. I called Mr. Scoralick the next day and asked what
it was about. He said he had been with this engineer and said he
didn't know whether the engineer was going to make a report or not.
Mr. Clausen moved that the Supervisor write a letter to the engineer
and ask for an opinion on what he saw and his purpose for coming, and
what the situation is to date as to the water table, and possible
pollution of the area due to potential land fill operation. Seconded
by Mr. Diehl. Unanimously Carried.
Mr. Fulton: Let the record show Mr. Walthin was contacted and will
call a meeting of the County Conservation Committee and he wanted to
talk to the engineer of this project for an understanding of the
situation.
Mr. Clausen: The residents, of course, would still like to meet with
the Board and Mr. Kaufman.
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Mr. Fulton: Mr. Kaufman said he would be glad to meet with them and
he would forward a date which would be very soon.
he had received a report from the engineer on the
and would give copies to the Board.
Recess called for a minute.
He further stated
last test borings
Letter from Clinton -Bogert Association to Chairman of the Landfill
Corporation was read giving measurements of the ground level and the
water surface in each of the 6 boring holes that were dug.
Mr. Clausen felt this was at odds with the initial report given by
Mr. Kaufman at the public hearing.
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-Discussion followed on differentials of reports regarding elevations
at which garbage at the proposed Landfill site would be buried.
Highway Bids - held over from the March 9th meeting - Bids for salt
were the next to be considered by the Board. The Highway Supt.
recommended the bid be awarded to Highway Materials Inc. on the basis
that it was low bid meeting the bid requirement of N.Y. State mined
salt.
Mr. Diehl asked if this was the low bidder, and as Mr. Knud Clausen
answered no, he asked if the low bidder would measure up to specifica-
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tion. Mr. Clausen answered no again.
Mr. Diehl: In view of the fact that the low bidder does not meet the
specifications, I move we accept recommendation of the Highway Supt.
and accept lowest bid that meets specifications. Seconded by Mr.
Clausen. Unanimously Carried.
Corregated Pipe -
The Highway Supt. recommended that sizes "8 thru 60," bid be awarded
to Brighton Steel.
Mr. Diehl: I move that we accept the recommendation of the Highway
Supt. and accept the low bid. Seconded by Mr. Clausen. Unanimously
Carried.
Corregated metal arch - all sizes - Windsor Bldg. Supply, Dutchess
Quarry.
Discussion was held at this point on awarding of bids to low bidders.
Mr. Quinn cautioned the Board regarding the salt bids, pointing out
that Morton Salt made no indication on their bid of not supplying
the required N.Y. State mined salt.
Mr. Diehl rescinded his motion awarding the salt bid to Highway
Materials Inc. Mr. Clausen rescinded his second to that motion.
Mr. Diehl: Upon advice of the attorney, made a motion that the
Morton Salt Company be awarded the bid. Seconded by Mr. Clausen.
Unanimously Carried.
Mr. Diehl made a motion to accept Mr. Clausen's,-recommendation on the
three bids on coeregated metal pipe as follows:
ORREGATED METAL PIPES
CORRUGATED METAL PIPES.
Sizes 8" thru 60" Bid awarded to Brighton Steel Co.
Corrugated metal arch, all
sizes as specified,
22x13, 16 gauge arch thru
58x36, 16 gauge
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Bid awarded to Windsor: Building Supply
Reinforced Concrete Pipe
sizes 12" thru 60" Bid awarded to Dutchess Quarry
Motion seconded by Mr. Clausen, Unanimously Carried.
Tires -
The Highway Superintendent recommended that bids be awarded to
Montgomery Ward in part and BF Goodrich in part.
Motion made by Mr. Diehl to award bid for tires as follows:
10 x 20 thru 600 x 16
700 x 16 thru 11 x 28 ) B. F. Goodrich
Seconded by Mr. Clausen. Unanimously Carried.
Motion made by Mr. Diehl to award bid for tires as follows:
1400 x 24 thru 11 x 24 -- Montgomery Ward
Seconded by Mr. Clausen. Unanimously Carried.
Crushed Stone -
_Mr. Diehl made a motion to accept the recommendation of the Highway
Superintendent and award the bids as follows:
1/4" - fob bid be awarded to Circle Sand & Gravel.
3/8" - fob bid to Southern Dutchess as low bid.
1/2" - fob bid to Dutchess Quarry as low bid.
5/8" - fob bid to Dutchess Quarry as low bid.
3/4" - fob bid to Dutchess Quarry as low bid.
11/2" - fob bid to Dutchess Quarry as low bid.
- fob bid to Dutchess Quarry as low bid.
Motion seconded by Mr. Clausen, Unanimously Carried,
Gravel - The Highway Supt. recommended bid be awarded to Carl Swenson
@ $.35 FOB as low bidder.
Mr. Diehl: We accept the Highway Supt. recommendation and award the
bid to Carl Swenson for FOB gravel @ $.35, Seconded by Mr. Clausen.
Uananimously Carried.
Mr. Diehl moved to accept the Highway Supt. recommendation to accept le
washed gravel bid from Circle Sand and Gravel and reject 3/8" thru
tailings inclusively. Seconded by Mr., Clausen. Unanimously Carried.
A 10 minute recess was called at 9:09 P.M.
Meeting called back to order at 9:34 P.M.
497 '
Mr. Diehl made the request that next year the specifications be
be written so that the length of haul will be considered and
clearly defined.
Dump Trucks and Suburban bids -
Mr. Clausen asked Mr. Fulton if he had any comments,on the trucks,
as he had indicated he had some reservations at the last meeting.
Mr. Fulton commented briefly that he thought the specs should be
broadened more, as it was apparent the truck specs were directed
to specific specifications.
A short colloquy followed between Mr. Clausen and Mr. Fulton on
what would be best for the Highway Dept., Macks or FWD's or both.
Mr. Quinn: Let me say this to you, there is a philosophy express-
ed by the legislature in Article 5A, Section 103, that the spirit
of soliciting public bids is to get the lowest price for the tax
dollar and the greatest benefit for the taxpayer. Whenever bid
documents are so framed that any bid, or class of bidders, is
eliminated you violate the statute and if -you decide to buy
trucks and you advertise for bids, without a standardization
resolution, say for a 21 ton Chevrolet truck, obviously Ford, etc.,
can't bid on them and so you preclude the rest of the field and
you theoretically don't get the best dollar for the taxpayer. You
can do this subtly, if you describe a certain chassis motor in
size, in tonnage which you know only one manufacturer or dealer can
meet, you are violating bid statute.
Knud Clausen -said the Board could reject truck -fids, it was all
right 'with him, but get the bids, as the Highway Dept. needs the
trucks. He added that he would have the 'attorney draw up the'
specifications.
'Mr. Quinn recommended that -if the Board so desired all Mack trucks
or all Chevrolet or all FWD's they could adopt a resolution of
standardization. -
Mr. Clausen reminded the Board that they were all aware at budget
time of the need for trucks,- now in March, all of a sudden, no one
has specifications, no one knows what trucks are needed. He said
498
the whole thing looks like an arranged or deliberate intent to hold
up getting equipment for the Highway Dept.. All of the Town Board
members should have made themselves aware of the specifications two
months ago.
Mr. Quinn noted that -he assumed that every member of the Town Board
would 'concede that it didn't matter to counsel what kind of trucks
they buy. He was sure that they all wanted what was best. He added
there was no question Mr. Clausen came to his office and no question
there was a discussion on the need for trucks. But it seems the same
question is being raised tonight that was raised tonight that was
raised last year "why was there•only 1 bid?"
Mr. Clausen: We all are aware of -the need of the trucks. It is
unfortunate we are caught in this for a matter of time. I also want
to do the right thing. I don't want to force any member to vote for
something he doesn't feel in his mind is right.
Mr. Clausen asked Mr. Quinn why he hadn't raised the point as -to what
were the specifications -a month or so ago and Mr. Quinn said he felt
if anyone needed assistance from his office they would contact them.
He had no idea what the specs were. He also noted -that there was a
colloquy a few months ago at a Board meeting to the effect that per=
haps the specs were framed and drafted in such a way as to eliminate
certain bidders. He said if this were true, without a standardizat-
ion resolution, the Board would be doing violence to the bidding
statute. He continued by stating that if the Highway Supt. wanted
all Mack trucks, or all of any kind of truck, he must get this Board
to adopt a standardization resolution.- In the absence of such a res-
olution, specifications must be framed in such a way that other truck
companies can bid.
Mr. Clausen said that he could be no more than honest to the Board and
to the taxpayers, and find out what truck is the best. The best bid
for the taxpayers is the Mack trucks - it is not too big -and not too
small.
Mr. Quinn: When you don't standardize and you do call for bids within
the framework of this specification, you are bound to award to -the
lowest bidders.
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Louis Clausen wanted to clarify one thing on this, he didn't think
the recpgendation was _to .accept Mack trucks, it was his feeling that
the specs went out and Mack was the only one who could meet them. He
also didn't think that the Highway Supt. would suggest the Board
come in with standardization on Mack trucks.
Mr. Quinn asked Mr. Knud Clausen if he had any recollection of the
specifications that went out (as no blank specs were at,hand). This
is very important. He said if the specifications were so worded
that anybody could_bid on them, then the Board has got to award to
Mack, there is no choice.
Louis Clausen asked Mr. Quinn if, within thenextweek he could get
together with the Highway Supt. .and .draw up new specs.
Mr. Quinn said he would have to look over specifications for this
bid, which he could do tomorrow.
Mr. Clausen asked for a special meeting Monday or Tuesday.
Mr. Fulton: If the statute allows us to vote on this bid, itseems
to-me we're:allowed to use our judgement. Judge Francese pointed
out the other night there was some question as to the size of the
trucks needed.
Knud Clausen asked if the Board wanted to see specifications also
on FWD's?
Mr. Fulton said he would like to,see some other specifications when
it aapeaYs obviously that these specifications dictate a Mack truck.
There_mu-st be some way they can be drawn to permit other bidders. He
added that perhaps a resolution could be adopted to set up standard-
ization in
tandard-ization-in two categories.
Louis Clausen asked if there was any way to resolve it tonight?
Mr. Quinn said not unless we get the specifications here tonight.
.Mr. Diehl: First thing we've got to do is clarify whether.the.
specifications that went out are in order, and if they are, award
to. Mack. If they are not, submit specifications for that category
and also FWD classification.
Bids were held for inspection by counsel.
Louis Clausen asked for a meeting Monday whereby the attorney will
try to have specifications drawn up to send out for bids, if necessary.
Bid on suburban tabled.
5 6-0
Mr. Fulton: Mr. Hayton, now that Mr. Quinn is here perhaps he can
advise you.
Mr. Quinn: On the 14th of this month, two sets of petitions request-
ing referendum on refuse disposal district were filed with the Town
Clerk. The local office down here made a.spot check to see whether
requirements with regard to property ownership were met by the sign-
atures.In some cases they were, in some cases they weren't. Also,
the papers were brought to our office. On first-hand examination,
we found that -there was one set of papers which were to some extent
not in form with papers.TownClerk had provided. There was another
set of petitions and signatures on type -written forms furnished.by
someone other than counsel to the Town and Town Clerk. On both
papers there were instances of failure to meet requirements, on.both
papers there were some signatures that did not meet requisite owner-
ship on the -1966 roll. On the Town forms there was a duplicate -of
signatures. Also, on all of the so called type -written ones that
were supplied from outside the' official source, there was a failure
to meet requirements of the statute. On the forms supplied from the
official source, there -was again, in our opinion, a complete failure
to meet statutory requirements as to acknowledgement, even though
the forms were provided. ,We feel it is the duty of counsel to advise
the public that if anyone wishes to oppose those petitions they must
so indicate by filing a written protest with the Town Clerk, and a
verified petition with -a justice of the supreme court within a five-
day period, which will terminate the 20th of March, which is Monday.
Statute requires filing within five days after. We feel.it is not
the province of counsel to the Town, nor would it be fair for. counsel
to assist either party, or either side, to sign either the protest or
protest petition. We also feel -that it is not appropriate for
counsel to,advise people of either perAuasion-any more than we have
but,we are putting the Town Board, the Town officials, and the public
on notice that there -are defects in the areas described.
Mr: Hayton: ' I would like to have a statement.fronvyou to tell me
where they -are defective..
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Mr. Ouinn: The duty of counsel is to assist Town,Clerk, in preparing
the forms,.W have no right to.practice law for the public„ Opr
duty is to this Board and officials of the Town. If your counsel
wishes.to:call us we'll tell.them compliance must,be had with Section
209E,pf the Town Law, Section 91 of the, Town Law, Section 20 of the
General Construction Law, and Sections 303 & 304 of the real,prop7
erty
. Mx. Hayton: I came to the office,and asked for the petition., You
supplied us, with the petitions.
Mr. Quinn: We supplied the Clerk with the petitions..
Mr. Hayton: I had.Mr. Roosa draw up these.
Mr. Quinn: Statute requires Clerk when requested to.. furnish the.
forms.
Nr.: Hayton: The only thin q I was wondering, which one, was at,fault?
Mr. Quinn: They are both defective.
Mr.. Hayton:. Mr. Roosa told me .everything was in order.:-I got the
petition, I went door to door.
Mr. Quinn: What I am saying so public of the Town of Wappinger will
know is.the petitions are all clefective, in one way or another.- The
period for filing, requisite protest is running out, and will expire
on Monday the,20th.
Mr. Fulton: I don't think this Town Board_has any plans to protest
this petition, but you are subject to other taxpayers' clubs.
Knud. Clausen said at the March 6th Town Board meeting the Board
accepted.the fuel.oil bid from Vince's Service, on the condition he
provide,a service.contract„ He, delivered this:service contract-to
the Board..
Mr.LClausen made a.. motion authorizing'the Supervisor to sign. the
Service Contract after approval of counsel as to its sufficiency.
Seconded,by44r4 Diehl. Vnanimous„
Mr, Quinn reported on matters. about to be in litigation, which are
now pending against the town. First, he briefly putlined.actions
on the reapportionment brought to court by Mr. Friedman and Mr.
Sperling, who were seeking to have it declared unconstitutional
Second matter concerning the Town of Wappj.nger was on article,78
-542 ..:�
proceedings, in the nature of mandamus, brought by Mr. Sam Hankin and
Corporate Spook Hill properties. One was directed against the Town
Board and seeks to compel Town Board to authorize Hankin group to
form transportation corporation for Spook Hill. The basis of the
action, the Town failed to provide municipal sewage for the developer
and they also refused to permit a private plant. We feel that there
is little merit in this action. We contacted Mr. Hankin and his
engineers and quite some time ago, back in about Dec. and told them
they could install their pipe within the development at any time, and
they would be given permission to hook up to Oakwood when it was
finished. The second action is a different one, it was to review a
decision of the Planning Board, which over the advice of counsel,
granted an extension to the Hankin people to file their plat, but the
Planning Board imposed the condition that the extension would expire
on Feb. 7, and #2, that the so called new road specifications would
obtain. This was against our opinion and advice. We feel that the
Town and the Planning Board have no merit at this second proceeding
and it will be our advice to the planning Board that they enter into
a set judgement to set aside their action. Our basis for this was an
opinion letter which we rendered to the Planning Board and sent a copy
to the Town Board approximately a year ago. These two matters will
come before Justice Hawkins on the 27th of March. One other matter
will come before Justice Hawkins on the 27th of March. One other
matter that effects litigation, I would ask authority of the Board
to hire an expert in this respect. We have had several tax review
suits this year not disposed of. One pending, and continuing to build
is the proceedings both of the Water Supply of the City of New York,
Chelsea Water Plant. The second one was one brought by Brack Construct-
ion Corporation. We have been successful twice in supreme court on
this. Returnable on the 24th. The two remaining ones were Metzger
property, A&P's, and Stein property, Brookside Gardens. We have filed
petition to dismiss both Stein and Metzger. Tactful motions may well
be that the court will set the matters down for trial. We feel we are
now at a point that the Town Board authorize counsel and the Assessors
a 0.3
4v to hire a real estate expert to testify at trial.
Mr. Clausen asked Mr. Quinn if he had advised Mr. Lisofsky that he
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could lay pipes?
Mr. Quinns Yes.
Mr. Clausen: What position does this place the Town in? The pur-
chase of Oakwood Knolls hasn't been consumated as yet. There is a
possibility that it will not be consumated.
Mr. Quinn: This Town Board unanimously passed a resolution late
October
arrange
both be
ilities.
of installation - in order to do that, we must provide the necessary
or early November authorizing Supervisor to go ahead and
for an agreement on those, and the spirit would be they would
allowed to hook up. We are faced with one or two possib-
Provide municipal sewage and make developers pay the cost
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basic material. The other alternative we have is to allow these
developers to come in and build a private plant, and sell to us.
1. ... ..
Mr. Clausen: Have we ever defined the district, as far as Mr. Hankin,
Lisofsky, Oakwood Knolls?
Mr. Quinn: Not as such.
Mr. Diehl: I would like to present a motion to the Board, in regard
to the extension of the present runway I propose the motion that we
set up a public hearing in regard to rezoning this area for the
protection of the people.
Mr. Quinn suggested that this be taken into consideration before the
Board set up public hearing. He recommended reading Sections 355 and
356 of the General Municipal Law. He further noted that #1, there
has always been a doubt as to the constitutionality. They require
bi-lateral action. It would be the Town of Wappinger and the County
of Dutchess. He suggested that the Board take that into consideration
in contemplating a public hearing.
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Mr. Diehl: In the meantime, what is wrong on a public hearing?
Mr. Quinn: The zoning action must be taken by the participating
municipalities.
Mr. Reilly: There are two provisions - provision for joint zoning
between the municipal owner of the airport and the municipality
in which the airport lies, whereby they could establish a joint
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zoning board.
Mr. Quinn: I would be glad to send you copies of the statute - these
two statutes are to protect and to enhance extension, rather than to
prohibit it.
Mr. Diehl: Being as it is run for a profit in the Town of Wappinger,
doesn't this put it in a different category?
Mr. Quinn: I would say the operation of this airport, or at least
part of it, is a governmental function and because of that I think
that the county is exempt from zoning.
Mr. Diehl: The Town has already committed itself against this for
the protection and welfare of the people. In zoning it, just foll-
owing through same example.
Mr. Quinn: These two statutes were designed to work to the advantage
to enlarge and advance the airport. Governmental authorities are not
subject to zoning. I feel when it is part governmental and part
proprietary it may be considered as governmental for zoning purposes.
Mr. Reilly: You're not amending your own zoning ordinance, you are
setting up a joint zoning board.
Mr. Clausen: There's no way the municipality can change its own
ordinance? Can we have an opinion in writing to that effect?
Mr. Quinn: Let me send you the copies of the statute first.
Mr. Clausen: I would like to have a written opinion in relation to
governmental versus profit-making control of the airport, whereby the
Town could not, in its own ordinance, could not zone out the extension
of this airport.
Motion made by Mr. Clausen, seconded by Mr. Diehl to adjourn the
meeting. Unanimously Carried.
Meeting adjourned at 11:50 P.M..
MCLLuuk.A ZkJIARockii,_
Elaine H. Snowden,
Town Clerk