1980-05-15 SPMC 325
A Special Meeting of the Town Board of the Town of Wappinger was
held on May 15, 1980, at Town Hall, Mill Street, Village of
Wappingers Falls, Dutchess County, New York.
This meeting was set by the Town Board at their regular meeting
held May 12, 1980.
Deputy Supervisor Nicholas Johnson opened the meeting at 8:30 P.M.
Present:
Nicholas Johnson, Deputy Supervisor
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Absent:
Louis Diehl, Supervisor
Others Present:
Jon Holden Adams, Attorney
Mr. Johnson stated that the purpose of the meeting was to comply
with various items required for grant application for Wappinger
Sewer Improvement #3 project. These items had been delineated in
a report to the Town Board from Mr. Lapar, Engineer to the Town
dated April 30, 1980. The following resolutions for consideration
of the Board, covered items listed in this report ##1 through #$11.
The following resolutions were offered by COUNCILMAN VERSACE,
who moved their adoption:
Part I: WHEREAS, the Town Board of the Town of Wappinger has
determined to seek federal assistance and to make a federal
aid application with respect to Step I funds for Wappinger
Sewer Improvement District No. 3, and
WHEREAS, such assistance is preconditioned upon acknow-
ledgment by the Town Board of the Town of Wappinger of its
willingness to observe and to comply with certain regulatory
or statutory provisions which are a precondition to the obtain-
ing of such federal assistance, and
WHEREAS, the Town Board wishes to state as a matter of
record its acknowledgment of and its willingness to observe the
same,
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town
of Wappinger as follows:
One: The town acknowledges its awareness,of and its willing-
ness to abide with the.applicable regulations concerning minority
business enterprises, a copy of which regulations are attached
hereto and made a part of this resolution.
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Two: The town shall fully observe and comply with those
provisions requiring it to undertake an investigation and to
consider innovative and alternative technologies in the
implementation of the project.
Three: The town shall observe and conform to those
provisions relative to investigation of primary energy analysis.
Four: The town shall conform and observe those provisions
requiring the investigation of multi-purpose recreational use
with respect to all facilities for which construction is under-
taken with federally assisted funds.
Five: The town acknowledges the necessity that the
contemplated project consider and address rules and regulations
of the Department of Environmental Conservation of the State of
New York, and in particular, Part 617 of the regulations of said
agency, as are applicable to parallel trunk lines as well as
all regulations and requirements of the Environmental Protection
Agency with respect so such activity.
Six: The Town Board has-been presented with and has
reviewed the study for the proposed sewer improvement project,
said plan prepared by Rudolph E. Lapar, P.E. P.C. dated October,
1977, and acknowledges that it has reviewed and understands the
definition of the scope of work contemplated by the proposed
improvement district.
Seconded by: Councilwoman Reilly
Roll Call Vote:
Supervisor Diehl Absent
Dep. Supervisor Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly - Aye
Councilman Versace - Aye .
Proposal Specification
Minority Business Enterprise Participation
Appendix I
Consultant Firm Responsibilities
The following notice must be included in all solicitations for
proposals for architectural and engineering work on all projects
that receive EPA funding for the construction or upgrading of
wastewater treatment facilities or adjuncts thereto.
Goals for MBE: Program
It is the policy of the Federal Government that minority businesses
shall have the maximum feasible opportunity to participate in the
performance of contracts performed under Federal grants-in-aid
program.
The consultant agrees to use his best efforts to carry out this
policy through award of contracts and subcontracts to minority
business enterprises to the fullest extent, consistent with the
efficient performance of this contract. As used in this contract,
the term "minority business" means a business at least 51 percent
of which is owned and controlled by minority group members, or,
in the case of a publicly -owned business, at least 51 percent of
the stock of which is owned and controlled byminority group members.
For the purpose of this definition, minority group members are Black
Americans, Hispanic Americans, Asian Americans, American Indians,
American Eskimos, and American Aleuts. The minority ownership
must exercise actual day-to-day management.
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46,
327
Each consultant must fully comply with the requirements, terms
and conditions of the attached U.S. Environmental Protection
Agency, Region II Minority Business Enterprise (MBE) require-
ments and the attached statement of EPA policy of December 26,
1978 (43 Federal Register 60220-60224) including the goals
established for minority business participation during the
performance of this contract. The consultant commits himself
to the performance of positive efforts to achieve the goals for
minority business participation contained_therein and all other
requirements, terms and conditions of the bid specifications by
submitting a properly signed bid or proposal.
A consultant who does not objectively demonstrate in his proposal
the required positive efforts (i.e., attempted to achieve the
Region II goals by contacting minority consultants in an effort
to engage them) will not, for this reason alone, have his contract
proposal rejected as non-responsive. In the event such a con-
sultant is recommended for contract award by the grantee, the
Director of the Office of Civil Rights and Urban Policy (OCRUP)
will inform the grantee, in writing, of the prospective consult-
ant's non-compliance and the basis for such determination. The
consultant will be given an opportunity to explain in writing,
or at a conference, if requested, the reasons for non-compliance
with the required positive efforts. If the reasons for non-com-
pliance are unsatisfactory, the consultant will be requested, in
writing, to make additional positive efforts to utilize minority
firms prior to contract award.
The determination of compliance or non-compliance with the
positive efforts requirement will include consideration of the
following:
1. Whether the goal has been met on a given contract.
2. If the goal has not been met, the extent to which the
consultant attempted to:
a. Identify candidate Minority Business Enterprises.
b. Contact candidate Minority Business Enterprises.
c. Solicit proposals from candidate Minority Business
Enterprises and any response thereto, and the basis
of evaluation of any Minority Business Enterprise
proposals received.
3. Any other evidence relevant to the good faith efforts of the
consultant to comply.
Consultant Firm Non -Compliance
If after fifteen (15) days of contract award the consultant's
efforts remain unsatisfactory to the grantee and/or the Director
of the Office of Civil Rights and Urban Policy, either of the
following steps must be taken:
1. Documentation to the grantee and the Director of the Office
of Civil Rights and Urban Policy explaining the reasons for
non -utilization of MBEs.
2. Request a conference with the grantee and the Regional
Director of the Office of Civil Rights and Urban Policy
for guidance on possible corrective actions which may be
taken in order to comply with MBE obligations.
Thirty days after the consultant has been notified to make addi-
tional positive efforts, such consultants may after documentation
procedures or opportunity for conference, be subject to appro-
priate sanctions, in accordance with the attached EPA policy.
Consultant will be required to execute and submit to the grantee's
MBE Officer copies of all subcontracts and purchase orders with
minority-owned firms within fifteen (15) days after contract award.
In the event a consultant fails to utilize the minority-owned firms
indicated in his proposal and/or in the subcontracts and purchase
orders, he will be expected to explain the reasons for non -utilization
to the grantee and the EPA Region II, OCRUP.
If there is non -utilization without good cause, the grantee will
be expected to require corrective efforts by the consultant.
Failure on the part of the grantee to require such efforts or
failure to enforce these procedures may result in the refusal
of EPA to make contract payment.
In very limited situations where circumstances otherwise justify
approval of a contract to a consultant which has not satisfactorily
complied with the positive efforts requirements (e.g., sole con-
sultant, where delay incident to resolicitation will cause sub-
stantial harm to the grantee), the EPA in its discretion may
concur in the recommended award conditioned upon the inclusion
of satisfactory contract provisions which require:
1. Specific and defined positive efforts toward minority
business utilization during contract performance; and/or
2. The withholding of progress payments until such time as the
positive effort requirements have been satisfactorily
complied with and approved by the grantee and the Director
of the Office of Civil Rights and Urban Policy, Region II.
Part II: WHEREAS, the Town of Wappinger has indicated its desire and
intention to participate in the Tri -Municipal Area Sewer Improve-
ment Area by prior resolution and agreement of this board, and
WHEREAS, it is necessary to provide for town -wide lateral
systems for the conducting of sewage wastes to said Tri -Municipal
system, and
WHEREAS, the Town Board desires to obtain that federal aid
available for such purposes, including planning and construction,
and,
WHEREAS, the Town Board recognized that as a precondition
for such participation, they must authorize the expenditures of
town funds in the approximate sum of $213,000.00, and
WHEREAS as part of the application procedure for federal
assistance, the town must indicate how they intend to pay their
share of costs as aforesaid,
NOW, THEREFORE, BE IT RESOLVED as follows:
One: That the Town Board will finance its cost with respect
to the foregoing by the establishment of a town -wide improvement
district pursuant to the provisions of Article 12a &c'of~Town Law.
Two: Pursuant to the provisions of the aforesaid article of
the Town Law and pursuant to the provisions of theLocal Finance
Law of the State of New York, bond resolutions will be adopted by 1140
the Town Board of the Town of Wappinger authorizing the borrowing
by the said improvement district of said sum, which said bonds
will be repaid by funds obtained through capital assessments
levied against lands within the improvement district.
Part III: WHEREAS the Town of Wappinger, as a participating member of
the Tri -Municipal Commission, has determined to apply for federal
assistance, Step I for the creation of Wappinger Sewer Improve-
ment District No. 3, a town -wide improvement district, and
WHEREAS such federal assistance may be transmitted by such
federal agencies providing the same to the Tri -Municipal Commission
for retransmittal or distribution to the participating members, and
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WHEREAS an agreement does not presently exist permitting
payments by the Tri -Municipal Commission to the Town for federally
assisted funds made available through the participation of the
towns in the Tri -Municipal Project,
NOW, THEREFORE, BE IT RESOLVED that the attorneys to the
Town of Wappinger shall prepare the necessary agreement between
the Tri -Municipal Commission and the town permitting transferral
to the town from the commission of aid payments made by federal
agencies to the Tri -Municipal Sewer Commission for the purpose
of assisting towns in the construction of lateral lines, and
BE IT FURTHER RESOLVED that the Supervisor of the Town of
Wappinger shall be authorized, after his review of said agreement
and his acceptance of the same, to execute said agreement on behalf
of the town.
kiplePart IV:WHEREAS the Town of Wappinger is applying for federal assis-
tance, Step I for Wappinger Sewer Improvement Area No. 3, an
improvement area yet to be funded, and
WHEREAS at the request of the Town Board, the attorneys to
the town have prepared two letters, each dated May 15, 1980,
which letters have been reviewed by the Town Board,
NOW, THEREFORE, BE IT RESOLVED that the attorneys to the
town be and are authorized to transmit said letters to the United
States Environmental Agency, and
BE IT FURTHER RESOLVED that the Town of Wappinger will
conduct itself in the manner set forth in said letters.
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C
Seconded by: Councilwoman Reilly
Roll Call Vote:
Supervisor Diehl Absent
Dep. Supervisor Johnson Aye
Councilwoman Mills Ave
Councilwoman Reilly Ave
Councilman Versace Ave
The following letters are those mentioned in the above resolution:
May 15, 1980
United States Environmental Agency
26 Federal Plaza
New York, New York
Re: Town of Wappinger, Federal Aid Application,
Step I, Wappinger Sewer Improvement No. 3
To Whom It May Concern:
We have been asked as attorneys for the Town of Wappinger
to advise you as to the nature of the authority vested in the
Town of Wappinger to apply for federal assistance for Step I
of the above contemplated sewer improvement project in the
absence of the actual creation of the improvement area which will
be formed to finance the town's financial responsibilities with
respect to the same.
We have reviewed the Laws of the State of New York insofar
as they govern the activities of a municipal subdivision of the
State of New York, and it is our conclusion from review thereof
that under the provisions of Town Law Section 64 as well as the
3.30
Statute of Local Government Section 10 together with other
applicable provisions of state Law, the Town Board of the Town
of Wappinger enjoys that authority necessary to submit an
application for Step I funds.
Should you desire any further information relative to the
foregoing, we will be happy to provide the same.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Jon Holden Adams
May 15, 1980
United States Environmental Agency
26 Federal Plaza
New York, New York
Re: Town of Wappinger, Federal Aid Application,
Step I, Wappinger Sewer Improvement No. 3
To Whom It May Concern:
The Town Board of the Town of Wappinger has authorized this
office, as attorneys to the Town of Wappinger, to advise you as
to what steps will be observed with respect to its obtaining of
those engineering services necessary for its participation in
Step I of its application for federal aid assistance for Wappinger
Sewer Improvement District No. 3.
As you know, under the provisions of General Municipal Law
Section 103 of the State of New York, it is not necessary for a
municipality to obtain professional services by observing those
provisions of that statute which require competitive bidding as
a prerequisite for the formation of a contract for such services.
However, the Town Board of the Town of Wappinger, in recognition
of its responsibilities to the public, has in the past, and will
with respect to this particular application, attempt to obtain
those engineering services it deems necessary for the foregoing
project by ascertaining what engineering resources are available
in the general geographic area of the Town of Wappinger, by
contacting those sources and requesting an expression of interest
by them in providing the necessary engineering services for the
contemplated sewer improvement district, by reviewing with each
of those organizations expressing an interest in the nature of
their qualifications, their prior experience, their areas of
expertise, and by ascertaining the nature of the compensation which
would be required by them in the undertaking of their work. After
obtaining such information, the Town Board will make a collective
determination as to what firm or organization should be retained
for engineering purposes.
It is also the understanding of this office that in view of
the size of the Town of Wappinger, a town having a population
of less than 25,000 (according to the latest population figures
available) is not subject to any provisions or regulations pro-
mulgated by any federal agency with respect to the retention of
engineering services. Nevertheless, as previously expressed herein,
the Town Board will act in a manner as to best protect the public
interest with respect to the retention of said firm.
The provisions of this letter have been reviewed by the Town
Board prior to its transmittal to you, and they have by resolution,
a copy of which is attachedhereto, authorized its transmittal to you.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Jon Holden Adams
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A request was received from Barbara Hairston, District Clerk of
the Wappinger Central School District, for the use of seven (7)
voting machines at the Wappinger Junior High School and at
Ketcham High School for the June 4, 1980 election.
MRS. MILLS moved that permission be granted to the Wappinger
Central School District to use seven voting machines for the
school election on June 4, 1980.
Seconded by Mrs:. Reilly
Roll Call Vote: 4 Ayes 0 Nays
There was no other business to come before the Board.
MRS. MILLS moved to close the Special Meeting, seconded by
Mr. Johnson and carried.
The Meeting closed at 8:35 P.M.
Spl. Mtg. 5/15/80
Elaine H. Snowden
Town Clerk
by:
Gladys Ruit
Sec't