1983-07-13 SPMA Special Meeting of the Town Board of the Town of Wappinger
was held on July 13th, 1983 at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 7:04 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Jon Holden Adams, Attorney
Rudolph Lapar, Engineer to the Town
This meeting was called by Supervisor Diehl at the regular meeting
of the Town Board held July llth, 1983 for further discussion of
a proposed agreement between Central Wappinger Water Improvement
Area, Pizzagalli Construction Company, Atlas Water Company and
the Town Board, also any other business that may come before the
Board.
MR. JOHNSON moved that the Town Board go into executive session.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The Town Board went into executive session at 7:04 P.M.
The Town Board came back from executive session at 7:17 P.M.
The Special Meeting resumed at 7:17 P.M. with all Board Members
present.
The first item presented to the Board for their consideration
was the bid on Central Wappinger Water Improvement, Extension #3,
Wappinger Sewer. Improvement #1, Extension #3 and Extension #4.
This had been tabled from the July llth, 1983 meeting for further
discussion with the Attorney.
MRS. MILLS moved that the bid for the three contracts (CWWI-Ext.#3,
WSI#1-Ext. #3 and Ext. #4) be awarded to Wilson Excavators as low
bidder of all three and the Supervisor be authorized to sign the
contract.
Seconded by Mr. McCluskey 1A`
Motion Unanimously Carried
MRS. MILLS moved to authorize the Engineer to draw up plans and
specifications for the two homes that were not included in the
Wappinger Sewer Improvement Extension Contract and that he be
further authorized to go to bid on this project.
Seconded by Mr. Johnson
Motion Unanimously Carried
The bid for the installation of water meters had been referred to
the Attorney for his review and recommendation at the July llth,
1983 meeting. The opinion of the Attorney after investigating the
legalities involved was that this project should be rebid.
MR. JOHNSON moved that the bids received for the installation of
water meters be rejected.
Seconded by Mr. McCluskey
Motion Unanimously Carried
MRS. MILLS authorized the Engineer to go to bid on the installation
of water meters and further authorized him to set the publication
date of July 20th, 1983 and the bid opening on July 27th, 1983.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The next item on the Agenda for consideration by the Town Board
was the Agreement between Central Wappinger Water Improvement Area,
Pizzagalli Construction Company, the Cranberry Water Improvement
Area, Atlas Water Company and the Town Board.
Mr. Adams had several comments to make regarding this agreement
before the Board took any action. He met this evening with
Pizzagalli Construction Company and Atlas Water Company for a
final discussion of the draft agreement. It is three fold,
firstly, it proposes to provide water from CWWIA at a rate not
to exceed 3,000 gallons per day during the construction phase at
double the commercial rate. Atlas will in turn sell the water to
Pizzagalli during construction and Pizzagalli will be responsible
for any improvements, pipes, etc. Secondly, Atlas is consenting
to this arrangement and they will take no action as a result of it,
and third, Pizzagalli will immediately petition the Town for the
cteation of a special improvement district. This petition from
3
Pizzagalli was then given to the Town Clerk for inclusion on the
next Town Board Agenda. He also noted that the contract would
also provide that the district will purchase water from Atlas
Water Company once the hookups are completed and set a rate of
$2.00 per 1,000 gallons until September 1, 1985, thereafter the
rate would be pegged to the residential rate charged by Atlas
as regulated by the Public Service Commission. He continued to
explain the other various provisions of the agreement as it was
further amended from the copies the Board had before them.
Representatives of Atlas, Pizzagalli and DWS were present and
when Supervisor Diehl asked these three principals if they were
in agreement, Mr. Mahar, representing DWS (Cranberry) stated he
was in no position to comment on the agreement one way or another
nor is he authorized to make any committments since none of the
principals of DWS were able to participate in the final discussion.
Supervisor Diehl felt the Board had an acceptable formula that could
solve the Town problem and the two applicants problem. Mr. Versace
had a number of concerns regarding this subject, and felt that it
was acting too hastily, perhaps committing the residents of CWWIA
into some type of an improvement in that area that we have yet to
define. It needed further review in workshop. Various other
avenues of the proposal were pursued and discussed. Mr. Johnson
felt comfortable with the agreement, would liked to have had more
time to study the contract, but felt the way Mr. Adams had described
it it sounded pretty good to him, here is an opportunity for all
the principals involved to solve a problem. Mrs. Milts was most
concerned with the location of the placement of the booster pump
station. She was also disappointed that DWS had no authorative
representation tonight as she concurred with Mr. Johnson that they
had been holding up the project long enough. Mr. McCluskey was
uncomfortable in that he was not a part of the eleventh hour
discussion, so for lack of written information he will abstain
from voting on this issue (providing emergency water to Pizzagalli
during their construction period). Mr. Versace was still concerned
at not having a written agreement with Atlas Water Company before him.
Discussion drifted into the area of capital indebtedness of these
districts and whether the future residents will pay once or twice.
Mr. Diehl felt the discussion was getting off the track of the
main purpose of this meeting. He then mentions his idea of an
all day meeting in the next few days, with all principals, and
their attorneys, to thrash out an acceptable solution. At this
point Supervisor Diehl called for a ten minute recess to allow
Mr. Adams the opportunity to confer briefly with the Atlas and
Pizzagalli principals and attorneys present.
The Town Board recessed at 8:25 P.M.
The meeting was called back to order at 8:55 P.M. and all Board
Members were present.
MR. DIEHL moved to approve the amended agreement subject to the
signatures of Atlas Water Company, Pizzagalli Construction Company
and the Town of Wappinger, as follows:
AGREEMENT between CENTRAL WAPPINGER WATER IMPROVEMENT AREA
(hereinafter referred to as "CWWIA"), the CRANBERRY WATER IMPROVE-
MENT AREA (hereinafter referred to as "Cranberry), PIZZAGALLI
CONSTRUCTION CO. (hereinafter referred to as "Pizzagalli"),
ATLAS WATER CO. (hereinafter referred to as "Atlas"), and the
TOWN BOARD OF THE TOWN OF WAPPINGER (hereinafter referred to as the
"Town Board"), as the governing body of said water improvement
areas.
WHEREAS, Pizzagalli is the owner of 30.82 acres of land
which it seeks to develop as an office research center, and
WHEREAS, the site of said development is in the water supply
franchise area of Atlas, and
WHEREAS, Pizzagalli has requested that sources of water be
made available to it for the construction phase, and
WHEREAS, Pizzagalli wants to start construction of the
building immediately, and
WHEREAS, the parties wish to make provision for the supply
of water to Pizzagalli on an interim basis for consumption until
separate provision is made for a permanent source of water for
consumption to be obtained from Atlas by existing water
distribution systems or water distribution systems to be formed,
and
WHEREAS, all of the parties hereto are anxious in cooperating
towards Pizzagalli starting that construction as soon as possible
and providing a temporary source of water supply until the
permanent source can be made available as aforesaid, and
WHEREAS, the only present available temporary source of
water supply is from the eight inch water main on Meyers Corners
Road shown on the map attached which is currently supplied to
that point by CWWIA, and
WHEREAS, the parties hereto all fully understand that CWWIA
could provide water on a temporary basis during the course of
construction for the limited use of the same by Pizzagalli for
the construction phase and fire protection during said phase, and
WHEREAS, Pizzagalli fully understands that the provisions
made herein for water with CWWIA as a source are solely and
wholly made on a temporary basis for use during the construction
phase for construction activities and that the same will under no
circumstances constitute a permanent water supply, and that if
for some reason beyond the control of the other parties hereto a
permanent water supply cannot be worked out as contemplated
herein, there may be no permanent water supply from CWWIA and/or
from Atlas unless and until all legal proceedings and approvals
have been obtained, and
WHEREAS, the parties are willing to provide for the
temporary source of water for the purposes as aforesaid
notwithstanding the present non-availability of the contemplated
permanent source and are willing to take the appropriate risks
incidental thereto,
NOW THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS:
ONE: For a period of sixty days following issuance of a
building permit for the construction of said office research
center or until issuance of a certificate of occupancy for said
premises or until water is available from Atlas, whichever is
sooner, CWWIA shall provide water to Atlas through the eight inch
main on Meyers Corners Road and Fenmore Drive as shown on the map
attached hereto as Exhibit "A" at the point noted thereon as
"TWO WAY MASTER METER AND ALTITUDE VALVE IN PIT" and Atlas shall
immediately in turn provide water to Pizzagalli for the sole and
limited purpose of being used by Pizzagalli in connection with
the construction activities at said site and for fire protection
during the course of construction.
(a) All line connections for construction consumption
shall be made at the expense of Pizzagalli and shall be defined
and approved by the engineer to CWWIA.
(b) Usage shall not exceed an average rate of 3,000 gallons
per day.
(c) Atlas shall pay for such usage, on a periodic basis to
be determined by the town, at that rate which is double the rate
generally prevailing for commercial use within CWWIA. Pizzagalli
will pay Atlas at such rate with a surcharge of 33 cents/thousand
gallons to cover added costs incurred by Atlas to provide such
water.
TWO: Atlas hereby consents to the provisions set forth
in the preceding paragraph one and releases CWWIA and the Town
Board, and any and all public officials of the Town of Wappinger,
from any claim of infringement upon its right to serve water at
said site during said construction period. Atlas further consents
to a submission of this agreement to any regulatory body for purposes
of obtaining its consent thereto. Notwithstanding the same, any
consent granted by Atlas shall be limited as provided herein and
no inference shall be made that by granting such limited consent,
Atlas would consent of water to Pizzagalli or any successor
thereof by it through use of water.
THREE: Pizzagalli acknowledges that the provision of water
for consumption during the sixty day period is solely as the
result of an accommodation of CWWIA, the Town Board and Atlas.
The providing of water for such temporary consumption shall not
create or confer upon Pizzagalli the right of entitled merit of
a permanent source of water for consumption from CWWIA, or any
other existing municipal water system within the Town of Wappinger.
Similarly, the providing of water for such consumption shall not
create or confer upon Pizzagalli the right of entitled merit of a
permanent nature of water for consumption from Atlas if the Town
Board is unable to proceed with the creation of the anticipated
special improvement district and the obtaining of the necessary
condemnation and/or permits and approvals inorderto do so
except that if all of such permits and approvals are obtained
and the district formed, then Atlas shall be the sole source of
water supply. Discontinuance of the service of water as provided
by this agreement following said sixty day period shall not be
deemed the discontinuance of a municipal service to which
Pizzagalli is entitled and Pizzagalli herelpy waives, releases
and discharges the Town of Wappinger and Atlas and its existing
municipal water improvement areas from the obligation to provide
a source of water other than expressly provided herein, it being
recognized that the Atlas Water Company shall be the permanent
source of water with the same to be transmitted to Pizzagalli
through existing water improvement areas or water improvement
areas to be formed.
Seconded by: Councilman Johnson
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilman McCluskey Abstain
Councilwoman Mills Aye
Councilman Versace Nay
Agreement Approved
Signed 7/13/83 Ronald L Bouchard for
Pizzagalli Dev. Co.
David Alexander for
Atlas Water Co.
Louis D. Diehl for
Town of Wappinger &
CWWIA
MR. DIEHL moved that a workshop session be held by the Town Board
on Wednesday, July 20th, 1983, starting at 10:00 A.M., with the
principals of Pizzagalli, DWS and Atlas, sitting together to
discuss the entire water problem until an amenable solution is
arrived at, and further set a Special Meeting for 11:00 A.M. on
July 20th, 1983 for the purpose of acting on a resolution to the
water problems which may materialize as a result of the prior
discussions.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Johnson requested that a letter be directed to the Planning
Board informing them of this meeting and they would be welcome to
attend.
The Town Clerk was served with a Notice of Petition from U. S.
Cablevision against the Town of Wappinger on July 12, 1983.
MR. JOHNSON moved that the Notice of Petition be forwarded to the
Attorney to the Town, Jon Holden Adams, to defend on behalf of the
Town of Wappinger.
Seconded by Mrs. Mills
Motion Unanimously Carried
MR. MCCLUSKEY moved to close the Special Meeting, seconded by
Mrs. Mills and unanimously carried.
The Special Meeting closed at 9:10 P.M.
Elaine H. Snowden
Town Clerk
Spl. Mtg. 7/13/83